Mining Cadastre DR Congo
@CadastreMinier
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11h
Did you know? The Exploration Permit (PR) gives its holder the exclusive right to carry out exploration work for mineral substances within the perimeter on which it is established. Discover the conditions for obtaining it
https :// cami.cd/conditions-de-demand/ …
CONDITIONS FOR REQUEST FOR MINING OR QUARRY RIGHTS
- FORM AND COMPOSITION OF ANY REQUEST
Any request for mining or quarry rights is written on a form to be obtained from the Mining Registry for the right concerned and includes:
- the articles of association, registration with the RCCM, and proof of publication in the Official Journal;
- tax ID information;
- the quality and power of the person authorized to bind the legal person and the identity of his representative if the request is submitted by the latter;
- the address of the registered office of the legal person, as well as any subsequent changes;
- the type of mining or quarry right requested;
- the indication of the mineral substances for which the mining and/or quarry right is requested;
- the geographical location of the scope requested;
- the number of squares making up the required perimeter area;
- the identity of the applicant's affiliates;
- the nature, number and area of the mining or quarry right perimeters already held by the applicant and its affiliated companies;
- proof of the applicant's financial capacity.
The application file includes the application form duly completed and signed, the identity documents of the applicant and the other documents required according to the type of right applied for. The applicant submits the application file to the Mining Registry.
- CONDITIONS OF GRANT SPECIFIC TO EACH TYPE OF RIGHT
In accordance with article 56 of the Mining Code, the applicant must provide proof:
- financial capacity;
- technical competence;
- the existence of all the information required by article 35 of the Code;
- the production of proof of payment of filing fees as well as that of the tax number, national identification and RCCM;
- compliance of the shape and location of the perimeter with the provisions of Articles 28 and 29 of the Code.
If it is a company governed by foreign law, provide proof:
- the valid tax certificate or equivalent issued by the competent institution of the applicant's country of origin;
- the certificate of good character and the extract from the current criminal record for the partners of the legal person, issued by the competent authorities of the country of origin;
- the written commitment to declare in the DRC the profits and income made.
In accordance with articles 71 and 71 bis of the Mining Code, the applicant must:
- demonstrate the existence of an economically exploitable deposit by presenting a feasibility study, accompanied by a technical framework plan for the development, construction and exploitation of the mine;
- demonstrate the existence of the financial resources necessary to carry out his project according to a plan for financing the development, construction and operation of the mine as well as the rehabilitation plan for the site upon its closure;
- Specify, in this plan, each type of financing, the sources of financing targeted and the justifications for their probable availability;
- Have a share capital greater than or equal to 40% of said resources;
- Obtain prior approval of the project ESIA and ESMP;
- transfer to the State 10% of the shares or shares of the share capital, free of all charges and non-dilutable;
- create, at each transformation, within the framework of a separate mine or a separate mining project, an affiliated company in which the applicant company holds at least 51% of the shares or shares;
- submit a deed of commitment to comply with the specifications defining social responsibility vis-à-vis the local communities affected by the project's activities;
- have complied with the obligations to maintain the validity of the license provided for in articles 196, 197, 198 and 199 of this Code, by presenting:
- proof of the certification of commencement of work duly issued by the Mining Cadastre;
- proof of payment of the annual surface area rights per square and of the tax on the area of the mining concessions;
- demonstrate the ability to process and transform mineral substances in the DRC;
- submit an act of commitment to process and transform these substances on Congolese territory;
- provide for Congolese participation of at least 10% of the share capital.
- Tailings Exploitation License (PER)
In accordance with article 92 of the Mining Code, the applicant complies with the same conditions provided for the granting of the PE to obtain a PER.
- Small Mining Exploitation License (PEPM)
In accordance with article 104 of the Mining Code, in addition to the conditions provided for in letters b to g of article 71 of the said Code, the applicant for a PEPM must:
- demonstrate the existence of a deposit whose technical factors do not allow profitable industrial exploitation by presenting a feasibility study accompanied by a technical framework plan for the development, construction and exploitation of the mine;
- provide for Congolese participation of at least 25% of the share capital.
- Quarry Products Research Authorization (ARPC)
In accordance with article 141 of the Mining Code, the applicant must, without prejudice to articles 23 to 25 and 27, provide proof of his minimum financial capacity.
- Authorization for Permanent Quarry Exploitation (AECP)
In accordance with article 154 of the Mining Code, and without prejudice to articles 34 to 42, the applicant must:
- demonstrate the existence of a deposit by presenting a feasibility study accompanied by a technical plan for the development, construction and operation of the quarry;
- prove the existence of the financial resources necessary to carry out the project according to the financing plan for the development, construction and operation of the quarry as well as the rehabilitation of the site upon its closure;
- specify, in this plan, each type of financing, the sources of financing targeted and the justifications for their probable availability;
- Obtain prior approval of the project ESIA and ESMP;
- bring a declaration of vacancy of land drawn up by the Registrar of real estate titles in the jurisdiction or proof of the consent of the land concessionaire, if the area which is the subject of the application for the authorization to operate the quarry is located in the Land perimeter of the latter;
- provide, if the scope requested is included in that of a valid PE, PER or PEPM, proof of the consent of the holder of this right or establish that his consent was refused in bad faith;
- submit a deed of commitment to comply with the specifications defining social responsibility vis-à-vis the local communities affected by the project's activities.
- Authorization for Temporary Quarry Exploitation (AECT)
In accordance with article 159 of the Mining Code, the AECT is granted to the applicant who submits his application in accordance with the provisions of articles 34 to 40 of the Code, and who:
- demonstrates the existence of an economically exploitable deposit by presenting a technical framework plan for the quarry exploitation works and a related Mitigation and Rehabilitation Plan (RAP);
- present, if the quarry is located on a perimeter subject to a land title held by a third party, the latter's written consent to the opening of the quarry;
present, if the quarry is located on the perimeter of a PE held by a third party, the latter's written consent to the opening of the quarry, or proof that the consent was refused in bad faith.
