Mining Act, revised edition 2019 (Chapter 123).

This Act consisting of 133 articles organized into 14 Parts, makes provision for control of mining operations in Tanzania and establishes rules relative to the exploration for and exploitation of mineral resources in Tanzania. The Act does not apply to exploration for or production of petroleum. The Minister may enter into a development agreement with the holder of, or an applicant for, mineral rights for which the Minister is the licensing authority. The Act establishes the Mining Advisory Board and provides for the protection of the environment in relation with mining operations. Every application for a licence shall include a plan for relocation, resettlement and compensation of people within the mining areas in accordance with the Land Act and the applicant’s environmental certificate issued in terms of the Environment Management Act. Additionally, Article 107 states that licence holders and others involved in mining operations must comply with environmental principles and safeguards as prescribed by the Environmental Management Act and relevant laws, ensuring proper management of production, transportation, storage, treatment, and disposal of mining waste.
Under Article 5 all minerals within land, rivers, streams, watercourses, the territorial sea, continental shelf, and exclusive economic zone are the property of the United Republic of Tanzania, entrusted to the President for the benefit of the people of Tanzania. The main provisions of the Act regard (i) mineral rights and eligibility, concerning (a) individuals of at least 18 years old, and rules for non-citizens and legal situation, (b) companies; (ii) licenses for mining activities, divided into (a) prospecting licence that grants rights to enter a designated area, explore for minerals, and conduct necessary operations, and valid for nine years (initial four years, renewable for three and two years), (b) primary mining licence that grants exclusive rights to prospect and mine within a designated area, valid for up to seven years and renewable, available only to Tanzanian citizens or wholly Tanzanian-owned companies, (c) mining licence that grants exclusive rights to mine specified minerals, valid for up to 10 years, renewable for another 10 years, (d) special mining licence, for large-scale operations, valid for the estimated life of the ore body or requested period, whichever is shorter, renewable for at least one year before expiry.
Responsibilities of the Minister for the mining affairs are outlines in Article 19 as follows (i) preparing policies, strategies and legislative framework for exploration and exploitation of mineral resources with special reference to establishing national priorities having due regard to the national economy; (ii) monitoring the implementation of policies on minerals; (iii) monitoring the operations of all bodies or establishments with responsibility for minerals; (iv) promoting mineral resources of Tanzania for research and exploitation; (v) monitoring the issuance by the Commission of licenses for mining activities in Tanzania; (vi) providing support for the creation of a favourable environment for private investment in the mining industry.
Article 21 establishes the Mining Commission tasked, under Article 22, with the following main functions (i) supervise and regulate the implementation of this Act; (ii) issue licences; (iii) regulate and monitor the mining industry and mining operations; (iv) ensure orderly exploration and exploitation and utilization of mineral resources; (v) resolve disputes arising out of mining activities; (vi) carry out inspections or investigations on health and safety issues related to mining activities; (vii) monitor environmental management, environmental budget and expenditure for progressive rehabilitation and mine closure; (viii) promote and conduct research and development in the mineral sector; (ix) develop a comprehensive data collection on national mineral resources and technologies of exploration and exploitation for national decision making; (ix) monitor quality and quantity of minerals produced and exported by large, medium and small scale miners; (x) produce indicative prices of minerals with reference to prevailing local and international markets. Article 27 establishes the Geological Survey of Tanzania responsible for all matters related to geological activities other than prospecting, exploration and mining activities such as mapping, providing data concerning the geology and mineral resources, monitoring and management of geo-hazard, etc.