July 2016
Briefing
Mortgage of a
Mineral Right and
Mining in Wildlife
Conservation Areas
In this months briefing, we look at the process to
mortgage mineral rights and undertake mining
operations in Wildlife Conservation Areas in
Tanzania.
Legal Basis
The Mining Act of 2010 (the Mining
Act) is the basic law which governs
all mining and mineral activities in
Tanzania. The Wildlife Conservation
Act of 2009 (the Wildlife Conservation
Act) is the principal act of parliament
providing for all wildlife related
activities.
B: Mining in Wildlife
Conservation Areas
A wildlife conservation area includes
national parks, game reserves, game
controlled areas and the Ngorongoro
Conservation Area. The Wildlife
Conservation Act restricts any person
from collecting sand, prospect or
mine in any wildlife conservation area
however the person may prospect or
mine in a wildlife conservation area if
the undertaking involves prospecting
for or mining oil, gas or uranium.
Hence mining or exploration in a
wildlife conservation area is allowed if;
the mining or exploration is for
uranium i.e. no other minerals
will be mined in the wildlife
conservation area;
the holder of the Mineral Rights has
undertaken environmental impact
assessment as required by the
Environmental Management Act of
2004;
protection cost has been paid by
the holder of the Mineral Rights as
prescribed in the regulations made
under the Wildlife Conservation Act;
concession fee has been paid to the
Minister responsible for wildlife; and
the Government of Tanzania is the
initiator of such undertaking.
In support of the Wildlife Conservation
Act, the Mining Act provides that
the holder of Mineral Rights shall
not undertake mining activities
Contact us
This monthly briefing is prepared
for clients and contacts of Clyde &
Co operating in the mining sector in
Tanzania. We aim to keep our clients
abreast of developments in the sector
as they happen and if you have any
questions on the issues raised above
please contact us using the details
provided:
Peter Kasanda
Michael Strain
Amalia Lui