John25
Regular
Should wear my glasses ..@Winenit but never take them with or re check posts …noticed another post I left the E off please …with only 4 days to “Dry July “ think Ginspoon is an omen …enjoy the week SHwas that Grinspoon?
AVZ Discussion 2022
- Thread starter GazDix
- Start date
The Fox
Regular
I've emailed the company three or four times requesting an update of the T20 to no effect as yet. Maybe more folks need to request same and someone in admin might find a spare 10 mins to upload current information. I think its quite important to see who's still in the hen house after the most recent sell off
The Fox 
Mate it's their duty to update it . They are a bunch of f--king amateurs at timesI've emailed the company three or four times requesting an update of the T20 to no effect as yet. Maybe more folks need to request same and someone in admin might find a spare 10 mins to upload current information. I think its quite important to see who's still in the hen house after the most recent sell off
thegh0stwithin
Regular
I have him blocked. He is unbalanced, both mentally and in his ability to absorb the viewpoints of others to determine possible outcomes.
MoneyBags1348
Top 20
Xerof,
This was part of an email I sent to AVZ Minerals some time ago…. Followed by their reply. This was when I queried Jean-Michel Sama Lukonde Kyenge, the newly appointed DRC Prime Minister and former Director General of Gecamines. Lukonde was also once a former party member of the ex-Katanga governor and wealthy businessman Moïse Katumbi. So it wasn’t Guy Loanda I was referring to back then. My notes at the time say Guy Loando ran the Winner Group > Winner Group owned 20% stake in Dathomir (Dathomir owns 80%), Dathomir owned 13% of AVZ. Any my communication was as follows
My Email To AVZ
“My concerns are around the new government being formed and the announcement of the new Prime Minister yesterday who I believe has been linked to corruption involving his company and a Chinese entity. I also hold concerns that the Chinese have a strong relationship and influence with the DRC and may be attempting to thwart AVZ's progress in order to gain control over AVZ ….
Reply From AVZ
Dear …….,
This is a misnomer and false: We believe that the previous Prime Minister was associated with the Chinese and a hard supporter of Kabila’s regime. The new PM is clean and without any implied corruption. He was appointed as the MD of Gecamines to “clean the company of corruption”. I believe he was well on his way to doing this and partly because of his efforts was promoted to PM.
If the Chinese are trying to thwart our progress, we have not seen it. Rather, a change of government, bureaucracy around this through lack of executive powers and red tape, are slowing us down a little. Now we have a new PM who will form government in about a month, we are expecting a hard push to get what we want and have the project full permitted as soon as possible.
With regards permitting. We have one solitary environmental report to finalise (hydrology) and the data from that will be added to what we have already and submitted under our application for the mining permit. We don’t see this as an issue and it should be awarded in a timely manner. We have also just completed drilling 1650m of core in the pit floor to bring inferred resources into indicated resources. Once assay results are received, we will rerun the models and also optimize the DFS to take account of the new data and present this as our final model. The Optimised DFS is expected to be completed around the end of Q2/21.
We have investigated both Europe and the middle east, both are interested but usually their rates are higher than the DFI’s and also the term is shorter. We would want the best terms to be put in place for less risk on repayment. Our current discussions are progressing well and once we have the main CPs covered (mining license etc. and final offtakes) then we will be looking to have FID and move ahead with construction.
Kind Regards
AVZ Administration
Level 2, 8 Colin Street, West Perth WA 6005 | PO Box 520, West Perth WA 6872
E: admin@avzminerals.com.au | T: +61 8 6117 9397 | F: +61 8 6118 2106 | W: www.avzminerals.com.au
CAUTION: The information contained in this e-mail is confidential and may be legally privileged. If the reader of this message is not the intended recipient you are hereby notified that any use, dissemination, distribution, or reproduction of this message in error please forward this message to admin@avzminerals.com.au and delete all copies of this message.
MoneyBags1348
Top 20
Some of my notes from the past relating to the current ownership rights:
28/11/16 Acquisition Agreement The principal terms of the agreement for AVZ to acquire a 60% in the Licences from the current interest holders La Congolaise D’exploitation Miniere SA (Cominiere, a State-owned enterprise and holder of the State’s interest in the Manono Mine) and Dathomir Mining Resources SARL (Dathomir, a privately owned company) are:
1. AVZ to pay Dathomir A$500,000 in cash.
2. The interests of the parties in the Licences at completion will be AVZ 60%, Cominiere 30% and Dathomir 10%. AVZ will be responsible for funding expenditure to completion of a feasibility study. AVZ can relinquish its interest in any of Licences at any time.
3. The Company has received warranties in respect of the Licences that are generally expected in a transaction of this nature.
4. Agreement is subject to AVZ completing its due diligence review to its satisfaction within 7 days. Neither Cominiere nor Dathomir are related parties of AVZ.
02/02/17 AVZ Minerals Limited (AVZ) is pleased to announce the agreement to acquire a 60% interest in the historic Manono Mine and surrounding area (Manono Project or Project) in the south of the Democratic Republic of Congo (DRC) (the acquisition). The acquisition is subject to completion of due diligence, shareholder approval and certain other conditions (see Acquisition Agreement below). The acquisition complements AVZ’s existing project interests in southern DRC prospective for lithium, tin, tantalum and rare earth elements.
Acquisition Agreement The principal terms of the agreement for AVZ to acquire a 60% interest in the Manono Project from the current holders, La Congolaise D’exploitation Miniere SA (Cominiere, a State-owned enterprise) and Dathomir Mining Resources SARL (Dathomir, a privately owned company) are:
Agreement is subject to certain conditions precedent including: - AVZ completing its due diligence review to its satisfaction within 60 days (by late March 2017). - AVZ obtaining all necessary regulatory and shareholder approvals.
AVZ to pay Cominiere a total of US$6 million in cash as follows: - US$100,000 upon execution of the agreement - US$1,900,000 upon satisfaction of all condition’s precedent (First Instalment) 9 - US$1,500,000 within 12 months of the date of the First Instalment - US$1,500,000 within 24 months of the date of the First Instalment - US$1,000,000 within 36 months of the date of the First Instalment.
AVZ to pay Dathomir US$750,000 in cash within 30 days of execution of the agreement, and issue to Dathomir and its nominees 260 million shares upon satisfaction of all condition’s precedent.
AVZ to issue a further 160 million shares upon satisfaction of all condition’s precedent, comprising 100 million shares to Mr Klaus Eckhof (a director of AVZ), and 60 million shares to other parties (not related parties of AVZ) associated with facilitating the transaction.
The interests of the parties in the Project at completion will be AVZ 60%, Cominiere 30% and Dathomir 10%. Cominiere will also be entitled to a 1% royalty interest. AVZ will be responsible for funding expenditure to completion of a feasibility study.
AVZ can relinquish its interest in the Project at any time (with no further obligations).
The Company has received warranties in respect of the Licence that are generally expected in a transaction of this nature.
Neither Cominiere nor Dathomir are related parties of AVZ. Separate to this agreement, Dathomir and Cominiere have agreed that Dathomir will facilitate the rehabilitation of the road from Lubumbashi to Manono and the Mpiana Mwanga hydroelectric power station.
18/05/17 AVZ TO PROCEED WITH MANONO TRANSACTION FOLLOWING COMPLETION OF DUE DILIGENCE
AVZ completes due diligence review of the Manono Project to its satisfaction, and elects to proceed with the acquisition of a 60% project interest.
Key outcomes of legal due diligence: Manono licence validly granted and joint venture agreement entered into is valid and enforceable. An action by a third party in DRC claiming that a historic mining right at Manono was invalidly cancelled has been dismissed by the DRC Supreme Court of Justice.
Legal Due Diligence As noted in AVZ’s March 2017 Quarterly Report, AVZ’s legal adviser in the DRC has advised:
PR 13359 is valid and confers on its registered holder La Congolaise D’exploitation Miniere SA (Cominiere) the right to carry out exploration work for lithium, coltan and wolframite.
The term of validity of PR 13359 is five years from 28 December 2016 to 27 December 2021. The licence is renewable thereafter for an additional period of five years, providing certain conditions are satisfied.
The joint venture agreement entered into by AVZ, Cominiere and others is valid and enforceable under the laws of the DRC in accordance with its terms.
An action by a third party in the DRC, Manomin Minerals Sarl (Manomin), claiming that a historic mining right (PE 12202) at Manono was invalidly cancelled has been dismissed by the DRC Supreme Court of Justice (SCJ). AVZ’s legal advisers in the DRC have reviewed the full written judgement of the SCJ, and confirmed that the SCJ’s decision is final and there are no further avenues for appeal in the DRC. In respect of the writ of summons filed in the Supreme Court of Western Australia (Court) in March 2017 by MMCS Strategic 1 (a shareholder of Manomin) seeking a declaration that the rights conferred under PE 12202 in the DRC remain valid (WA Proceedings), AVZ has applied to the Court to have the WA Proceedings permanently stayed. The hearing date for this application has been set for 31 July 2017. AVZ has elected to proceed to completion of the Manono transaction prior to resolution of the WA Proceedings.
Going Forward Corporate - AVZ plans to proceed to settle the acquisition of the interest in the Manono Project, settle the remaining consideration in respect of the acquisition of the Manono Extension Project, complete the second tranche of the placement including the issue of options for both tranche 1 and tranche 2 and issue various performance rights as approved by shareholders (see ASX Announcement 2 February 2017) on or around Tuesday, 23 May 2017.
24/06/19 AVZ Minerals Limited (ASX: AVZ, “The Company”) is pleased to advise that it has executed a Share Sale Purchase Agreement (“Agreement”) with Dathomir Mining Resources SARL (“Dathomir”) to increase AVZ’s equity in the Manono Lithium and Tin Project (Licence PR13359). Following ongoing discussions over the last few months, Dathomir has agreed to sell a 5% equity share in Dathcom Mining SAS (“Dathcom”) to AVZ for a total consideration of US$5,500,000. Dathcom holds 100% of the Manono Lithium and Tin Project concession. Under this Agreement, this purchase represents a highly accretive transaction for AVZ shareholders with minimal upfront payment. The first tranche payment of US$500,000 is to be paid within 14 days of execution and the balance of the consideration can be paid at any time within a period of 36 months from execution of the Agreement. At the completion of the transaction, AVZ’s equity interest in the Project licence will increase to 65%, representing an NPV10 value added, based on the recent 5Mtpa Scoping Study1 of some US$130M to approximately US$1.68Bn for AVZ’s 65% equity interest (based on ±35% accuracy and including US$78M in capital contingency).
21/09/20 AVZ Minerals Limited (ASX:AVZ or “the Company”) advises it has executed a Share Sale Purchase Agreement (“Agreement”) for an additional 10% equity stake in Dathcom Mining SA (“Dathcom Mining”) from its joint venture partner, Dathomir Mining Resources SARLU (“Dathomir Mining”). Dathcom Mining holds 100% of the Tier 1 Manono Lithium and Tin Project (“Manono Project”).
Under the Agreement, AVZ has paid US$500,000 to Dathomir Mining as an advance payment. The remaining US$15 M (US$15,000,000) will be paid to Dathomir Mining at any time within 12 months of the Agreement being executed, or as soon as AVZ secures a minimum of US$50 M project financing. Should payment not be made within 12 months of executing the Agreement, AVZ will forego its US$500,000 advance payment and lose the rights to secure the additional 10% equity in the Manono Project.
Alternatively, the Agreement provides for AVZ to secure a minimum 2.5% equity shareholding in Dathcom Mining and thereafter in pro rata amounts up to the maximum 10% stake during the 12-month period.
An Extraordinary General Meeting of Dathcom Mining will need to be convened to approve the sale of Dathomir Mining’s remaining equity in Dathcom Mining to AVZ Minerals. There is no other material terms or condition precedent other than as disclosed above. As previously announced on 24 June 2019, the Company has secured 5% equity interest from Dathomir Mining for a total consideration of US$5,500,000, with an advance payment of US$500,000 made. The balance of the consideration (US$5,000,000) has not yet been paid and can be paid at any time within a period of 36 months from execution of the agreement. Upon completion of both Agreements, AVZ will own 75% of the joint venture company, Dathcom Mining SA (“Dathcom Mining”) – which holds 100% of the Manono Project Licence (PR13359). The remaining 25% of the joint venture company is owned by La Congolaise D’Exploitation Miniere SA (“Cominiere”), of the DRC government. Dathomir Mining will no longer hold equity in the project and, as such, will no longer be required to contribute pro rata to the ongoing operating expenses of the Manono Project.
My Notes
Manono Licence holders are: 1) La Congolaise D’exploitation Miniere SA (Cominiere, a State-owned enterprise and holder of the State’s interest in the Manono Mine) and 2) Dathomir Mining Resources SARL (Dathomir, a privately owned company)
AVZ to pay Cominiere a total of US$6 million in cash as follows:
- US$100,000 upon execution of the agreement
- US$1,900,000 upon satisfaction of all conditions precedent (First Instalment) 9
- US$1,500,000 within 12 months of the date of the First Instalment
- US$1,500,000 within 24 months of the date of the First Instalment
- US$1,000,000 within 36 months of the date of the First Instalment.
AVZ to pay Dathomir US$750,000 in cash within 30 days of execution of the agreement, and issue to Dathomir and its nominees 260 million shares upon satisfaction of all conditions precedent
- The term of validity of PR 13359 is five years from 28 December 2016 to 27 December 2021.
- The licence is renewable thereafter for an additional period of five years, providing certain conditions are satisfied.
28/11/16 Acquisition Agreement The principal terms of the agreement for AVZ to acquire a 60% in the Licences from the current interest holders La Congolaise D’exploitation Miniere SA (Cominiere, a State-owned enterprise and holder of the State’s interest in the Manono Mine) and Dathomir Mining Resources SARL (Dathomir, a privately owned company) are:
1. AVZ to pay Dathomir A$500,000 in cash.
2. The interests of the parties in the Licences at completion will be AVZ 60%, Cominiere 30% and Dathomir 10%. AVZ will be responsible for funding expenditure to completion of a feasibility study. AVZ can relinquish its interest in any of Licences at any time.
3. The Company has received warranties in respect of the Licences that are generally expected in a transaction of this nature.
4. Agreement is subject to AVZ completing its due diligence review to its satisfaction within 7 days. Neither Cominiere nor Dathomir are related parties of AVZ.
02/02/17 AVZ Minerals Limited (AVZ) is pleased to announce the agreement to acquire a 60% interest in the historic Manono Mine and surrounding area (Manono Project or Project) in the south of the Democratic Republic of Congo (DRC) (the acquisition). The acquisition is subject to completion of due diligence, shareholder approval and certain other conditions (see Acquisition Agreement below). The acquisition complements AVZ’s existing project interests in southern DRC prospective for lithium, tin, tantalum and rare earth elements.
Acquisition Agreement The principal terms of the agreement for AVZ to acquire a 60% interest in the Manono Project from the current holders, La Congolaise D’exploitation Miniere SA (Cominiere, a State-owned enterprise) and Dathomir Mining Resources SARL (Dathomir, a privately owned company) are:
Agreement is subject to certain conditions precedent including: - AVZ completing its due diligence review to its satisfaction within 60 days (by late March 2017). - AVZ obtaining all necessary regulatory and shareholder approvals.
AVZ to pay Cominiere a total of US$6 million in cash as follows: - US$100,000 upon execution of the agreement - US$1,900,000 upon satisfaction of all condition’s precedent (First Instalment) 9 - US$1,500,000 within 12 months of the date of the First Instalment - US$1,500,000 within 24 months of the date of the First Instalment - US$1,000,000 within 36 months of the date of the First Instalment.
AVZ to pay Dathomir US$750,000 in cash within 30 days of execution of the agreement, and issue to Dathomir and its nominees 260 million shares upon satisfaction of all condition’s precedent.
AVZ to issue a further 160 million shares upon satisfaction of all condition’s precedent, comprising 100 million shares to Mr Klaus Eckhof (a director of AVZ), and 60 million shares to other parties (not related parties of AVZ) associated with facilitating the transaction.
The interests of the parties in the Project at completion will be AVZ 60%, Cominiere 30% and Dathomir 10%. Cominiere will also be entitled to a 1% royalty interest. AVZ will be responsible for funding expenditure to completion of a feasibility study.
AVZ can relinquish its interest in the Project at any time (with no further obligations).
The Company has received warranties in respect of the Licence that are generally expected in a transaction of this nature.
Neither Cominiere nor Dathomir are related parties of AVZ. Separate to this agreement, Dathomir and Cominiere have agreed that Dathomir will facilitate the rehabilitation of the road from Lubumbashi to Manono and the Mpiana Mwanga hydroelectric power station.
18/05/17 AVZ TO PROCEED WITH MANONO TRANSACTION FOLLOWING COMPLETION OF DUE DILIGENCE
AVZ completes due diligence review of the Manono Project to its satisfaction, and elects to proceed with the acquisition of a 60% project interest.
Key outcomes of legal due diligence: Manono licence validly granted and joint venture agreement entered into is valid and enforceable. An action by a third party in DRC claiming that a historic mining right at Manono was invalidly cancelled has been dismissed by the DRC Supreme Court of Justice.
Legal Due Diligence As noted in AVZ’s March 2017 Quarterly Report, AVZ’s legal adviser in the DRC has advised:
PR 13359 is valid and confers on its registered holder La Congolaise D’exploitation Miniere SA (Cominiere) the right to carry out exploration work for lithium, coltan and wolframite.
The term of validity of PR 13359 is five years from 28 December 2016 to 27 December 2021. The licence is renewable thereafter for an additional period of five years, providing certain conditions are satisfied.
The joint venture agreement entered into by AVZ, Cominiere and others is valid and enforceable under the laws of the DRC in accordance with its terms.
An action by a third party in the DRC, Manomin Minerals Sarl (Manomin), claiming that a historic mining right (PE 12202) at Manono was invalidly cancelled has been dismissed by the DRC Supreme Court of Justice (SCJ). AVZ’s legal advisers in the DRC have reviewed the full written judgement of the SCJ, and confirmed that the SCJ’s decision is final and there are no further avenues for appeal in the DRC. In respect of the writ of summons filed in the Supreme Court of Western Australia (Court) in March 2017 by MMCS Strategic 1 (a shareholder of Manomin) seeking a declaration that the rights conferred under PE 12202 in the DRC remain valid (WA Proceedings), AVZ has applied to the Court to have the WA Proceedings permanently stayed. The hearing date for this application has been set for 31 July 2017. AVZ has elected to proceed to completion of the Manono transaction prior to resolution of the WA Proceedings.
Going Forward Corporate - AVZ plans to proceed to settle the acquisition of the interest in the Manono Project, settle the remaining consideration in respect of the acquisition of the Manono Extension Project, complete the second tranche of the placement including the issue of options for both tranche 1 and tranche 2 and issue various performance rights as approved by shareholders (see ASX Announcement 2 February 2017) on or around Tuesday, 23 May 2017.
24/06/19 AVZ Minerals Limited (ASX: AVZ, “The Company”) is pleased to advise that it has executed a Share Sale Purchase Agreement (“Agreement”) with Dathomir Mining Resources SARL (“Dathomir”) to increase AVZ’s equity in the Manono Lithium and Tin Project (Licence PR13359). Following ongoing discussions over the last few months, Dathomir has agreed to sell a 5% equity share in Dathcom Mining SAS (“Dathcom”) to AVZ for a total consideration of US$5,500,000. Dathcom holds 100% of the Manono Lithium and Tin Project concession. Under this Agreement, this purchase represents a highly accretive transaction for AVZ shareholders with minimal upfront payment. The first tranche payment of US$500,000 is to be paid within 14 days of execution and the balance of the consideration can be paid at any time within a period of 36 months from execution of the Agreement. At the completion of the transaction, AVZ’s equity interest in the Project licence will increase to 65%, representing an NPV10 value added, based on the recent 5Mtpa Scoping Study1 of some US$130M to approximately US$1.68Bn for AVZ’s 65% equity interest (based on ±35% accuracy and including US$78M in capital contingency).
21/09/20 AVZ Minerals Limited (ASX:AVZ or “the Company”) advises it has executed a Share Sale Purchase Agreement (“Agreement”) for an additional 10% equity stake in Dathcom Mining SA (“Dathcom Mining”) from its joint venture partner, Dathomir Mining Resources SARLU (“Dathomir Mining”). Dathcom Mining holds 100% of the Tier 1 Manono Lithium and Tin Project (“Manono Project”).
Under the Agreement, AVZ has paid US$500,000 to Dathomir Mining as an advance payment. The remaining US$15 M (US$15,000,000) will be paid to Dathomir Mining at any time within 12 months of the Agreement being executed, or as soon as AVZ secures a minimum of US$50 M project financing. Should payment not be made within 12 months of executing the Agreement, AVZ will forego its US$500,000 advance payment and lose the rights to secure the additional 10% equity in the Manono Project.
Alternatively, the Agreement provides for AVZ to secure a minimum 2.5% equity shareholding in Dathcom Mining and thereafter in pro rata amounts up to the maximum 10% stake during the 12-month period.
An Extraordinary General Meeting of Dathcom Mining will need to be convened to approve the sale of Dathomir Mining’s remaining equity in Dathcom Mining to AVZ Minerals. There is no other material terms or condition precedent other than as disclosed above. As previously announced on 24 June 2019, the Company has secured 5% equity interest from Dathomir Mining for a total consideration of US$5,500,000, with an advance payment of US$500,000 made. The balance of the consideration (US$5,000,000) has not yet been paid and can be paid at any time within a period of 36 months from execution of the agreement. Upon completion of both Agreements, AVZ will own 75% of the joint venture company, Dathcom Mining SA (“Dathcom Mining”) – which holds 100% of the Manono Project Licence (PR13359). The remaining 25% of the joint venture company is owned by La Congolaise D’Exploitation Miniere SA (“Cominiere”), of the DRC government. Dathomir Mining will no longer hold equity in the project and, as such, will no longer be required to contribute pro rata to the ongoing operating expenses of the Manono Project.
My Notes
Manono Licence holders are: 1) La Congolaise D’exploitation Miniere SA (Cominiere, a State-owned enterprise and holder of the State’s interest in the Manono Mine) and 2) Dathomir Mining Resources SARL (Dathomir, a privately owned company)
AVZ to pay Cominiere a total of US$6 million in cash as follows:
- US$100,000 upon execution of the agreement
- US$1,900,000 upon satisfaction of all conditions precedent (First Instalment) 9
- US$1,500,000 within 12 months of the date of the First Instalment
- US$1,500,000 within 24 months of the date of the First Instalment
- US$1,000,000 within 36 months of the date of the First Instalment.
AVZ to pay Dathomir US$750,000 in cash within 30 days of execution of the agreement, and issue to Dathomir and its nominees 260 million shares upon satisfaction of all conditions precedent
- The term of validity of PR 13359 is five years from 28 December 2016 to 27 December 2021.
- The licence is renewable thereafter for an additional period of five years, providing certain conditions are satisfied.
Thanks for sharing, thats a very comprehensive citation of events, lets hope all that info holds weight with the Zijin saga.!!
The one item that is open to conjecture from my limited brain cells is on your notes...... 18/5/17
" The term of validity of PR13359 is 5 years from 28 December to 27 December 2021, the licence is renewable for another 5 yrs providing certain conditions are met "
Has AVZ satisfied certain conditions ?
I wonder whether this is what @obe wan was going on about with the recent " amendment" chat we had yesterday ?
imo
Winenut
Go AVZ!
My concern too
Did AVZ perform all that was required of it before the validity expiration date of 27 Dec 2021 ?
Kenno61
Regular
Simply Wall Street still reckon it's worth a lot more than one fiddy :Righto
So some people are willing to sell for $1.50 a share now days… wtf
You crazy ???
Media beaten you down ?
Had enough? Need the money ?
FFS.
I’d be more worried if TOP 20 starts bailing with those announcements.
Chill out & wait until the 1st for the announcement
Cashcity
*Ditto Bro, To Remind,
View attachment 10223
Food for thought on the Road to Mining Manono
How's that new Top 5 Crapper Post coming along $Cash
Frank
View attachment 10224
Attachments
Samus
Top 20
They were saying around $4.80 a couple of months back.
Edit: apologies it was actually around $3.80
Still...
Last edited:
Kenno61
Regular
Gees I'd take that !
Bin59
Regular
“ The licence is renewable thereafter for an additional period of five years, providing certain conditions are satisfied. “
https://thelawreviews.co.uk/title/the-mining-law-review/democratic-republic-of-the-congo-mining-law.
From the above article:
MINING RIGHTS AND REQUIRED LICENCES AND PERMITS
i Introduction
Underground minerals belong exclusively to the state. However, any private party may be authorised by the state to engage in mining activities (from exploration to exploitation and distribution), provided that specific objectives of eligibility, priority and capacity criteria set forth in the Mining Code are met. The types of mining permits available in the DRC are research permits, exploitation permits (including small-scale mines) and tailing exploitation permits. Specific legislation regarding artisanal mining and quarry rights also exists.Companies that wish to develop mining activities in the DRC are required either to incorporate a Congolese company or to elect domicile with a 'mining agent' as a condition of eligibility to obtain an exploitation permit. In addition, to be eligible for a mining permit, companies are obliged to either form a joint venture with a state-owned company (such as Gécamines) that already holds the necessary permits, or freely assign a mandatory 10 per cent stake of its share capital to the DRC.
ii Surface and mining rights
Any person wishing to engage in prospecting or reconnaissance activities must make a prior declaration to the Mining Cadastre and seek a prospecting permit. This permit entails no priority whatsoever in relation to potential future exploration or exploitation rights.An exploration permit may be granted to any eligible private company for a period of five years, renewable once for the same duration, with respect to all mineral substances (Article 52). To be eligible for an exploration permit, a company must demonstrate a minimum financial capacity of at least five times the total amount of the annual surface rights payable for the area covered by the exploration permit (Article 58). The surface rights amount to US$5.89 per square metre (Article 397). In addition, the company will have to submit a rehabilitation and mitigation plan before starting any research activity. There are specific obligations for maintaining the permit, including the requirement to start exploration work within one year of delivery of the permit (Article 197).
Should the holder of a research permit demonstrate through a feasibility study the existence of an economically workable ore deposit (including tailings, for which specific permits exist) and sufficient financial capacity for the development, construction and exploitation of a mine, the Minister of Mines may grant an exploitation permit for a duration of 25 years, renewable for successive periods of 15 years. The exploitation permit may be refused by the Minister of Mines only for specific reasons, which are exhaustively listed in the Mining Code. Obtaining an exploitation permit obliges the operator to transfer to the state a free carry participation of 10 per cent of the operator's share capital (Article 71). In practice, however, operators that are engaged in joint ventures with state-owned permit holders, such as Gécamines, are not required to transfer 10 per cent of their share capital to the state.
In addition to exploration and exploitation permits, the Mining Code contains specific provisions with respect to artisanal or small to very small-scale mining rights, and quarry rights. Quarry rights relate to construction materials rather than mineral substances.
The timeline for obtaining an exploration or exploitation permit is as follows.
The Mining Cadastre has 20 working days to examine the request and to make a decision (Article 40). Following this, the Directorate of Mines must conduct a technical investigation. The office in charge of the protection of the environment examines the environmental impact study and the environment management plan. These reviews must be conducted within a period of time set forth in the Mining Code for each type of request (typically, for exploitation permits, within 30 working days for the Mining Cadastre, 60 working days for the Mining Directorate and 180 working days for the environmental investigation). Should any of the aforementioned authorities fail to reach a decision within the required time frame imposed by the Mining Code, the mining permit will be considered granted.
When a favourable decision is made, the Mining Cadastre will then grant the mining permit to the applicant, provided that the relevant surface rights have been paid for within 30 business days.
All mining rights are conveyable under the Mining Code. A specific right of amodiation (comparable to a long lease agreement) also entitles the holder of an exploitation permit to transfer all or part of such rights under a rental scheme. Exploitation permits can also be mortgaged. Finally, while mining rights are valid only for specified mineral substances, permits can be extended to additional minerals through specific procedures.
iii Additional permits and licences
Processors of mineral substances who do not hold mining rights and whose activities are limited to processing activities must obtain a specific licence in this respect pursuant to the Mining Code.iv Closure and remediation of mining projects
The holder of a research permit will also have to submit a rehabilitation plan for the site after its closure to be eligible for an exploitation permit. The closure of a research or exploitation centre must be promptly notified to the Mining Administration.8The holder of the mining rights is required to obtain a financial guarantee in an amount sufficient to carry out environmental rehabilitation.
IV ENVIRONMENTAL AND LABOUR CONSIDERATIONS
i Environmental, health and safety regulations
The New Mining Code and the Mining Regulations contain several environmental and health and safety regulations. Environmental regulations are by far the most detailed.While most health and safety regulations are contained in the Congolese Labour Code, and are therefore not specific to the mining sector, the Mining Regulations do contain specific safety directives regarding the use of explosives.
In order to conduct mining operations, an Environmental Exploitation Permit from the Ministry of the Environment is mandatory, in addition to the environmental obligations arising from the New Mining Code.
ii Environmental compliance
Environmental compliance obligations exist at every stage of a mining project:- the holder of an exploration permit must apply for the approval of a mitigation and rehabilitation plan in which the measures taken to limit and remedy environmental damage caused by exploration work are described;
- any person applying for an exploitation permit is required to submit an environmental impact study and a project environmental management plan, which must contain a description of the 'greenfield' ecosystem and of the measures envisaged to limit and remedy harm caused to the environment throughout the duration of the project; and
- to be granted an environmental exploitation permit, the holder of a mining right is required to submit an environmental impact study and an environment management plan to the Ministry of the Environment for approval.9
iii Third-party rights
Under the Mining Code, occupants of the land covered by a mining permit have a right to be indemnified when their activities (such as agriculture) are affected by a mining project, in accordance with the conditions set out in the New Mining Code.Other rights include an obligation for the operator to consult with local authorities.
Additional provisions of the New Mining Code are intended to ensure the conservation of any archaeological findings that occur during the course of the project.
iv Additional considerations
Generally speaking, the DRC's infrastructure is either outdated or non-existent. In order to develop and maintain activities and personnel, mining operators are therefore frequently required to participate in local development, for instance by funding roadworks, hospitals or schools.This last paragraph might be what Zijin were contesting re AVZ’s lack of local development of roads, hospitals schools to date, however you would think this only applies once you have a mining licence, not merely an exploration permit to a tenement.
Bin59
Regular
I’m not sure why, but the Portal has been down for most (if not all) of today :
drclicences.cami.cd
DRC Mining Cadastre Map Portal - Spatial Dimension Landfolio
Underwaterdark
Regular
I have jumped in once or twice today, working fine.I’m not sure why, but the Portal has been down for most (if not all) of today :
DRC Mining Cadastre Map Portal - Spatial Dimension Landfolio
Last updated 26/06
DRC Mining Cadastre Map Portal - Spatial Dimension Landfolio
Bin59
Regular
Thanks - Atm neither your nor my link work for meI have jumped in once or twice today, working fine.
Last updated 26/06
DRC Mining Cadastre Map Portal - Spatial Dimension Landfolio
Underwaterdark
Regular
Xerof
Biding my Time 1971
It's very foggy in Manono today
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