Mozambique

However, to hold a mining certificate, any person or company with domicile in Mozambique, national or foreign, with juridical capacity, can hold such mining certificate. A mining pass holder can only be a Mozambiquan individual with juridical capacity.

Exploration licences are governed by section 3 of the mining law. An exploration licence can be granted in favour of a person who fulfils the necessary requirements. It is granted for a period of five years, renewable for the maximum of the same period. The holder of an exploration licence is entitled to have access, explore on an exclusive basis, collect, remove and export samples for exploration purposes, conduct sampling and trial processing, sell specimens and samples obtained for exploration, occupy land and erect temporary installations, camps, etc, use water, timber and other necessary materials for exploration.

In regard to mining concessions, and mining certificates, these may not be granted to any person other than the person who holds an exploration licence and thus the holder of an exploration licence has the exclusive right to apply for a mining concession or mining certificate.

Other legislation which is pertinent to exploration and mining operations in Mozambique are the regulations in force under Law 14/2002, being the regulations promulgated by Decree 28/2003 of 17 June 2003. These regulations deal in detail with the administrative procedures for applications and processing of applications for all of the abovementioned licences and permits. The regulations contain detailed obligations imposed upon the holder, including that the title holder should submit within a period of three months prior to the completion of each annual period of a licence an adequate work programme and minimum expenses to be made in the following year and the regulations deal with the conditions for extension of a licence for a further five years. It also deals with abandonment of areas and applications for extension of the area.

Furthermore, there is a code of fiscal benefits that are applicable as per Decree 16/2002 dealing with fiscal incentives, an investment Law 3/93, and investment law regulations, all of which would be applicable to the investment and exploration and mining operation in Mozambique.


			Geography Area: 801,590 km² Capital City: Maputo Climate: Tropical to subtropical
			People Nationality: Mozambican Population: 2 090 5585 Religion: Catholic 23.8%, Muslim 17.8%, Zionist Christian 17.5%, other 17.8%, none 23.1%
			Government Type: Republic Independence: June 25, 1975 (from Portugal) Constitution: 30 November 1990
			Economy Statistics GDP: $6.323 billion (2006 est.) (GDP) growth rate: 7.9% (2006 est.) Rate of inflation: 12.8% (2006 est.) Natural resources: Coal, titanium, natural gas, hydropower, tantalum, graphite
			Mining in Mozambique Mining in Mozambique is governed by the Ministry of Mineral Resources and Energy in terms of Mining Law 14/2002 promulgated on 26 June 2002. It is stated that the mineral resources of the Republic of Mozambique are the property of the State and the right for reconnaissance, exploration projecting and exploration and exploitation of mineral resources is obtained pursuant to the following mining titles and permits, namely reconnaissance licences, exploration licences, mining concessions, mining certificates and mining passes. Mining titles and permits are granted on the basis of first-come, first-served priority, taking into account the date of receipt of the respective applications. It is stated in section 6 of that Act that any person, national or foreign, with juridical capacity can be the holder of a reconnaissance or exploration licence. In order to hold a mining concession the company must be established and registered in Mozambique.
			However, to hold a mining certificate, any person or company with domicile in Mozambique, national or foreign, with juridical capacity, can hold such mining certificate. A mining pass holder can only be a Mozambiquan individual with juridical capacity. Exploration licences are governed by section 3 of the mining law. An exploration licence can be granted in favour of a person who fulfils the necessary requirements. It is granted for a period of five years, renewable for the maximum of the same period. The holder of an exploration licence is entitled to have access, explore on an exclusive basis, collect, remove and export samples for exploration purposes, conduct sampling and trial processing, sell specimens and samples obtained for exploration, occupy land and erect temporary installations, camps, etc, use water, timber and other necessary materials for exploration. In regard to mining concessions, and mining certificates, these may not be granted to any person other than the person who holds an exploration licence and thus the holder of an exploration licence has the exclusive right to apply for a mining concession or mining certificate. Other legislation which is pertinent to exploration and mining operations in Mozambique are the regulations in force under Law 14/2002, being the regulations promulgated by Decree 28/2003 of 17 June 2003. These regulations deal in detail with the administrative procedures for applications and processing of applications for all of the abovementioned licences and permits. The regulations contain detailed obligations imposed upon the holder, including that the title holder should submit within a period of three months prior to the completion of each annual period of a licence an adequate work programme and minimum expenses to be made in the following year and the regulations deal with the conditions for extension of a licence for a further five years. It also deals with abandonment of areas and applications for extension of the area. Furthermore, there is a code of fiscal benefits that are applicable as per Decree 16/2002 dealing with fiscal incentives, an investment Law 3/93, and investment law regulations, all of which would be applicable to the investment and exploration and mining operation in Mozambique.