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Mineral Wealth and Mining (Development) Act, 2015.

Country
Type of law
Legislation
Source

Abstract
This Act comprising 34 articles and 1 Schedule aims to regulate the mining operations in Sudan. Chapter II establishes the Council, which serves as the supreme authority for mining affairs, tasked with the following key functions (i) it is responsible for approving policies and general plans proposed by the Minister and setting strategies for mining and mineral wealth; (ii) it also considers national interests in local, regional, and international projects, and strives to create an attractive investment climate by removing impediments. Furthermore, it works to resolve conflicts between different levels of governance, investors, and local communities, while also preserving the environment, cultural heritage, and antiquities in coordination with relevant bodies; (iii) finally, it is responsible for eliminating overlaps in the functions of competent authorities. The specific organization and mandates of its meetings will be determined by regulations. Under Chapter III the State holds exclusive ownership of all mineral resources on or beneath the earth's surface, lakes, continental shelf, territorial waters, and contiguous zones, granting it the sole right to explore, prospect, and dispose of them. The President, on the Minister of Minerals' recommendation, can prohibit mineral exploration or exploitation of nationally important minerals, revoking existing licenses and contracts with fair compensation determined by agreement or arbitration. The President can also expropriate land for mining. The General Director of Geological Researches Authority (GRAS) can retain exploration and prospecting areas, entrusting them to others or forming partnerships under prescribed conditions. Furthermore, the Minister can designate state-owned lands, marine, and river areas as mining reserves, specifying permissible activities for their future utilization. Chapter IV establishes the mining organization framework. No exploration, prospecting, or mining is permitted without a valid license. Applicants must demonstrate financial, technical, and tax compliance, with specific age and nationality requirements for traditional mining. The Chapter outlines various license types, including general prospecting, exclusive exploration, and specific mining contracts (standard, small, traditional, and industrial rock extraction). All require ministerial approval, and the Minister can forge special exploration agreements. Licensees are restricted to permitted minerals; breaches or non-utilization can lead to license revocation. Licensees bear sole responsibility for operational damages. Finally, fees are imposed on all licenses and contracts (detailed in the Schedule). Chapter V establishes the Technical Mining Committee, a body reporting to the Minister and tasked with overseeing mining affairs. Chaired by the Undersecretary, the Committee's functions and powers include receiving and studying mining applications, recommending the granting and renewal of various licenses and contracts (for exploration, prospecting, Salinas, gypsum quarries, etc.), and proposing tax exemptions to the Minister. It is also responsible for preparing policy and program proposals for exploration and mineral materials, forming sub-committees (including local community representatives), and developing internal regulations. In Chapter VI are included regulations for environmental protection, operational oversight, and archaeological discoveries in mining and is provided that (i) licensees are responsible for environmental preservation and pollution prevention, subject to Ministry inspection for compliance, safety, and environmental impact; (ii) the Ministry can suspend operations for safety or environmental damage, lifting suspensions once issues are resolved; (iii) licensees must immediately report any discovered antiquities, halting operations to prevent damage; (iv) mining in archaeological sites requires approval and supervision from the Archeological Public Corporation.
Date of text
Entry into force notes
This Act enters into force on the date of its signature.
Repealed
No
Source language

English

Legislation Amendment
No