Decree No. 2017-219 / PRN / NM of 23 March 2017, on the organization of the Ministry of Mines.
The decree of the Minister in charge of mines and the areas dedicated to artisanal, semi-mechanized and dump mining, and tailings mine and quarry, is taken on the advice of the regional or municipal administrative authorities concerned.
This decree specifies:
– The substances for which the exploitation is self-controlled.
– The authorized operating modes.
– The conditions of occupation of the land.
– The obligations of the operators relating to the restoration of the exploited sites.
Article 42: The access card to the operating area artisanal, semi-mechanized mining and dumps, slag heaps and mine and quarry residues is issued by the regional or departmental director of mines of the territorial collectivity to which the area concerned is subject against payment of rights related, on presentation of the identity card.
Article 43: If the Area of the perimeter of artisanal, semi-mechanized mining and of the dumps, slag heaps and mine and quarry residues requested is greater than the maximum authorized, the excess area must be subject to ‘naked demantle separated.
Article 44: Any natural or legal person authorized to exercise the activity of artisanal, semi-mechanized mining and of dumps, slag heaps and mine and quarry residues must proceed, as the mining work progresses, with backfilling of the excavations and undertake to rehabilitate the sites operated.
Article: On areas dedicated to artisanal mining, semi-mechanized and dumps, slag heaps and mine and quarry residues, the Niger mining heritage (SOPAMIN) will set up a multidisciplinary team whose mission is to:
- Deliver the individual access cards by delegation of the Director of region concerned;
- Draw up a register of authorizations and issued cards,
- Supervise and control the activities of artisanal and semi-mechanized mining of dumps, slag heaps and mine & quarry residues;
- Make operators aware of the risks to which they are exposed. the rules of hygiene and safety and the need for the preservation of the environment;
- Assist and train explorers on artisanal and semi-mechanical mining techniques and dumps, slag heaps and mine and quarry residues and effective treatment methods in this area.
- Write periodic activity reports.
The composition of the team and the conditions for implementing its mission are determined by decree of the Minister responsible for mines.
Article 48: The authorization for artisanal mining is granted by order of the Minister in charge of mines after payment of the fixed duty.
The authorization for semi-mechanized mining and dumps, slag heaps and mine & quarry residues is granted by order of the Minister in charge of mines after signature of an agreement and payment of the fixed duty.
Article 49: The marketing (purchase, sale and export) of mineral substances from artisanal, semi-mechanized and dumps, slag heaps and mine & quarry residues may be authorized by any legal person under Nigerian law.
People approved for marketing can buy from producers, sell to local consumers or export. They can appoint intermediaries on the sites to buy them on their behalf. No batch of products from artisanal or semi-mechanized mining or from the exploitation of dumps, slag heaps and mine and quarry residues may be put into the export circuit without having first been submitted to the Company’s control of Nigel ‘Mines Heritage (SOPAMIN).
The conditions and methods of marketing products from farms artisanal mining, semi-mechanized or the exploitation of dumps, slag heaps and mine residues are specified by order of the Minister in charge of mines, by mineral substance or by group of mineral substances.
THE TAX FOR SEMI-MECHANIZED ARTISANAL MINE EXPLOITATION OR MINE HALDES, TERIIILS AND RESIDUES
Article 76: The modalities for the liquidation and collection of taxes for artisanal mining, semi-mechanized mining and waste piles and mine and quarry residues are specified by order of the Minister in charge of Mine.
Article 78: Amounts due in respect of rebates granted to agents of the Ministry in charge of Mines on fixed rights, surface royalties, mining royalties, taxes on artisanal, semi-mechanized or dumps, slag heaps and mine & quarry residues, and the costs of investigating claims paid by taxpayers are collected from the National Treasury.
The methods of liquidation and recovery of rebates are specified by joint order of the Minister in charge of Mines and the Minister in charge of Finance.
Article 2: This decree repeals all previous court arrangements.
Article 3: The Minister of Mines is responsible for the application of this decree which will be published in the Official Journal of the Republic of Niger.
Niger Mining Heritage (SOPAMIN)
- Any request addressed to the Minister responsible for mines application of the order and, where applicable, the attached documents must be presented in three original copies and be subject to payment of instruction fees.
- Each mining title, with the exception of the artisanal mining authorization and prospecting authorization, is accompanied by a mining agreement negotiated between the Minister in charge of mines and the applicant.
- A model mining convention is established by the mining administration.
- Each mining title must be the subject of a separate request which must be written in French.
- Any other document produced by an applicant in any other is accompanied by a translation duly certified by the competent state services or by services approved by the state
Special registers and cards are kept by the mines administration, on which are entered:
- Mention of the allocation, renewal, waiver and withdrawal of prospecting authorizations, exploration and exploitation permits, artisanal and semi-mechanized mining authorizations and dumps. slag heaps and mine and quarry residues, as well as quarry substance research authorizations and quarry opening and exploitation authorizations; transcription or analytical mention of all changes, abandonments, transfers, transmissions, mergers, modifications, tenions, civil or judicial acts concerning mining titles.
- A map of the Republic of Niger, including the perimeters of all mining titles in force and their registration numbers in the registers provided for below. above is also kept up to date by the mining administration at the central level and decentralized.
- The registers and cards are made available to all applicants.
Article 7 (new): The Minister in charge of the Interior is kept informed of the evolution of prospecting authorizations, artisanal and semi-mechanized mining authorizations and dumps, slag heaps and mine residues and exploration permits. and exploitation thus from authorizations to search for quarry substances and to open and operate quarries
- Artisanal mining
- A timed request without the regulatory tariff;
- the mineral substance (s) for which the authorization is requested.
- The definition of the vertices of the requested perimeter;
- The area as defined by the deninndcurr;
- An extract of the topographic map at a scale of 1/200,000 at least locating the requested perimeter and reproducing its limits;
- The brief description of the planned work, including the description of the equipment to be used – and the envisaged operating method (well, surface excavation or steps) (well, shallow excavation or step);
- The commitment to present to the administration of the mine the strong quarterly works;
- The commitment to declare quarterly production to the administrations mines.
- The receipt of payment of the instruction fees of the application files.
2. Semi-mechanized mining and dumps, slag heaps and mine and quarry tailings:
- A stamped application at the regulatory rate.
- The mineral substance (s) for which the authorization is requested.
- The definition of the vertices of the requested perimeter.
- The tax identifier.
- An extract of the topographic map at at least 1 / 200,000 scale showing the requested perimeter and reproducing its limits.
- A simplified environmental impact study.
- The method of operation envisaged as well as the equipment and infrastructure to be used.
- The commitment to declare its quarterly production to the mining administration.
- The commitment to transmit a quarterly activity report to the mining. administration.
- The receipt of payment of the costs of instruction of the request.
- The provisional exploration plan with the start date.
The State can grant, on the territory of the Republic of Niger to one or more persons: natural or legal of Nigerian or foreign nationality or law, duly qualified according to the regulations, the right to prospect, search for or exploit mining or quarry substances.
2.Prospecting Authorization License.
The right to prospect for mining substances is acquired through prospecting authorization license
3.Research Authorization License.
Research authorization grant the right to search for quarry substances
The right to operate a mine is acquired under a permit for
5.Artisanal Mining Authorization.
The artisanal mining authorization license grants the right to exploit mineral substances using artisanal methods
5.Semi-Mechanized Mining Authorization.
The right to exploit mineral substances using semi-mechanized methods are acquired through by virtue of obtaining the Semi_Mechanized Mining Authorization License
6.Authorization to operate dumps, slag heaps and mine and quarry residues License;
The right to exploit dumps, slag heaps, and mine and quarry residues, is acquired under an this license“
7.PROSPECTOR CARD LICENSE
- Notwithstanding the provisions of Articles 7 and 16, prospector; approved by the administration of mines, can carry out prospecting with a hammer.
- The prospector’s card is annual. It confers on its holder, for hammer prospecting, the same rights as the prospecting authorization.
- In the event of a discovery, the holder of the prospector’s card may request a authorization of artisanal or semi-mechanized mining or cede its rights to a natural or legal person with the required capacities.
- Any prospecting authorization holder is prohibited from exploiting the mineralization evidenced.