“Only Article 48ter of the revised 2018 Mining Code sets the conditions for canceling, reporting an Exploitation License. The Arrete of MinMes on Dathcom violates it and makes believe in 1 political decision without legal or technical basis, it is to undermine the business climate'' (NGOs)
Here’s a better translation.
"Only Article 48ter of the revised 2018 Mining Code sets the conditions for cancelling or revoking an Operating Permit. The MinMes Order on Dathcom violates this and gives the impression of a political decision without legal or technical basis, which undermines the business climate." (NGOs)
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And here is Article 48 of the Mining Code those playing at home.
CHAPTER III: THE PROCEDUREFORGRAINTGMINING AND/OR QUARRY RIGHTS AND THE ISSUE OF MINING AND /OR QUARRY TITLES
Article 48 bis: From the beginning of the period of validity
mining and/or quarry rights.
The period of validity of mining and/or quarry rights begins to run from the day of notification of the decision to grant the applicant, notification of ex officio registration or service of the judge's decision provided for in Article 46 of this Code.
Article 48 ter: Extinction of mining rights and/or
quarries Mining and/or quarry rights are extinguished by:
a. lapse;
b. cancellation. ;
c. expiration;
d.
waiver;
e. withdrawal.
Mining and/or quarry rights become automatically null and void pursuant to Article 47 paragraph 2 of this Code.
They may be annulled, with retroactive effect, by decision of the administrative judge seised for annulment by an officer of the Public Prosecutor's Office or an injured third party, within three months of the publication of the award decision in the Official Journal or failing that, within three months of the date on which it became known, for illegality, in the event of lack of competence of thegranting authority, a defect in form or a misuse of powers by the granting authority.
Mining and/or quarry rights expire when they come to an end, in accordance with Articles 61, 78, 94, 106, 144 and 163 of this Code.
They are extinguished by total renunciation of their holders, in accordance with articles 60, 79, 96, 108, 145 paragraph 4 and 164 of this Code. In the event of a partial renunciation, the mining and/or quarry rights shall lapse on the part of the perimeter which is the subject of the said renunciation, in accordance with the same provisions.
At the end of the revocation of the holder, the Research Permit, the Exploitation Permit , theDsicharge Exploitation Permit and the Small Mine Exploitation Permit, the authorizations for the exploitation of permanent quarries other than those of materials of commonly used construction shall be withdrawn by the Minister, and by the provincial Minister of Mines for Permanent Quarrying Authorizations, in accordance with section 290 of this Code.
Mining and/or quarry rights may be withdrawn or revoked, without retroactive effect, by the granting authority in the event of illegality at the time of granting, within three months of the publication of the grant decision in the Official Journal or, failing that, in the three months following the date on which it became aware of its existence, either at therequest of an injured third party or on the initiative of the granting authority.
The Mining Regulation shall determine the manner in which this article is to be applied."
Off the the Mining Regs we go… (translation by chatgpt)
Chapter III: RENUNCIATION OF EXPLORATION PERMIT
Article 118: Filing and deposit of the declaration of renunciation of the Exploration Permit
In the event of total or partial renunciation of the Exploration Permit, the holder or his/her representative in mines and quarries completes and files with the central or provincial Mining Cadastre, the declaration of renunciation of his/her Exploration Permit.
The declaration of renunciation is established on a form and includes in particular the following information:
• The references of the Exploration Permit;
• The number of the grant decision;
• The date of the grant;
• The administrative location: territory, district, province;
• The surface area of the Exploration Permit;
• The geographical coordinates of the vertices of the perimeter relinquished;
• The geographical coordinates of the vertices of the perimeter retained in the event of partial renunciation.
The original Exploration Certificate of the holder is attached to the declaration of renunciation.
Article 119: Admissibility or inadmissibility of the declaration of renunciation of the Exploration Permit
Upon receipt of the declaration of renunciation of the Exploration Permit, the central or provincial Mining Cadastre checks whether it is admissible.
The declaration is admissible if it is duly established, signed, and supported by the documents required in accordance with Article 118 above.
In the event of admissibility of the declaration of renunciation, the central or provincial Mining Cadastre issues a receipt to the holder indicating his/her name and address, the date of deposit, the references of the Exploration Permit, and the number of squares renounced.
In the event of inadmissibility of the request, the central or provincial Mining Cadastre returns or sends the file to the holder, stating the reason.
Article 120: Processing of the declaration of renunciation of the Exploration Permit
Within ten working days from the date of the deposit of the declaration of renunciation, the central or provincial Mining Cadastre verifies whether:
• The Exploration Permit is valid and not subject to a force majeure case;
• The squares renounced and retained are part of the perimeter covered by the Exploration Permit;
• If applicable, the part of the perimeter retained has the form of a polygon composed of contiguous whole squares that does not contain lands that are not part of the perimeter;
• The part of the perimeter relinquished is not subject to a lease, assignment, transmission, or option or mortgage contract. If this is the case, the holder must provide proof that he/she has obtained the written consent of the creditor not to oppose the renunciation.
If the declaration of renunciation meets the conditions set out above, the central or provincial Mining Cadastre transmits the declaration to the Minister within the time limit provided in the preceding paragraph.
If the holder's declaration of renunciation does not comply with the above-mentioned conditions, the central or provincial Mining Cadastre notifies the holder of the inaccuracy of the declaration and suggests the necessary corrections.
Article 121: Acceptance of the declaration of renunciation of the Exploration Permit
Upon receipt of the file of the declaration of renunciation of the Exploration Permit, the Minister takes note of it by decree which he/she transmits to the central Mining Cadastre. The latter sends it to the provincial Mining Cadastre where the declaration was filed.
Subject to the provisions of Articles 119 and 120 above, if the Minister fails to acknowledge a declaration of renunciation within three months from the date of its filing, the declaration is deemed accepted.
Article 122: Notification and Posting of the Decision Acknowledging the Declaration of Renunciation of the Research Permit
Upon receipt of the order acknowledging the declaration of renunciation of the Research Permit or upon expiration of the prescribed period to acknowledge it, the central or provincial Mining Cadastre shall post the order or the declaration of renunciation deemed accepted in the public consultation room. It notifies the holder free of charge by the fastest and most reliable means.
Article 123: Modification of Entries and the Research Certificate
In the case of partial renunciation, the central or provincial Mining Cadastre shall modify the registration of the Research Permit in the register of granted rights as well as the mapping of the research perimeter on the map of mining impacts. It shall proceed to modify the Research Certificate by recording the partial renunciation and returning it to the holder within a period of five days from the registration.
Article 124: Effects of Total or Partial Renunciation of the Research Permit
The effects of renunciation are those provided for in article 60 paragraphs 5 and 6 of the Mining Code.
