Angola: The Mining Codes Of Angola

Last Updated: 7 December 2012
Article by Ian Coles

Keywords: Angola, Mining Code, Environmental protection

Through Law 31/11, of September 21st, 2011, Angola approved a new Mining Code. The aim of the new Mining Code was to provide the Angola mining sector with a modern set of rules regarding the exploration of its vast mining resources whilst simultaneously unifying in a single document a framework that was previously fragmented in numerous cumbersome and outdated statutes.

This modernization, simplification and clarification of the mining framework reflects the increasing international competition among African countries and therefore the need to attract foreign investment in this sector. Conceptually, the Mining Code endeavours to establish a compromise between the acquisition of rights for the exploration of mining resources by both national and foreign investors vis-à-vis the public interest, and the State-domain principle of natural resources.

Local communities

It is worth pointing out the right that local communities have under the code to be actively engaged in the discussions pertaining to the development of mining activities in their territory. It is mandatory to establish communication/consultancy channels with local communities every time the mining activities have a potential detrimental effect to the communities material, cultural or historical assets. The holders of mining rights have the obligation to resettle local communities in case mining activities cause any habitation damage. In such resettlement cases the communities habits, traditions and other cultural aspects need to be taken into account by the holder of the mining rights.

Environmental protection

While performing mining activities, the holder of mining rights shall comply with all general and specific mining -oriented environmental legislation and act with the aim of preserve nature and the environment. In particular, compliance is required in respect of:

  • The mandatory environmental impact study each mining operator is obliged to seek and file with the mining authorities;
  • Reducing dust, polluting wastes and radiations;
  • Avoid or eliminate water and soil contaminations;
  • Secure population water supply;
  • Reduce noise pollution and vibration;
  • Not dropping polluted wastes on the sea, rivers and water streams;
  • Inform local authorities upon any event that have or may cause environmental damage;
  • Grant local population access to the environmental impact study if the study outlines any potential detrimental effect may arise for that population;
  • Protection of wild fauna and flora;
  • Protection of water resources;
  • Rules on urban and territorial occupation, soil utilization, landscape and abandonment.

State Participation – The State participates in the mining activities by collecting part of the production whether by (i) a direct participation of a State Company in a given concession (with a minimum 10% participating interest) or (ii) by sharing the production of the produced minerals with the entities engaged in such production.

Local Content – The holder of mining rights shall give preference to the hiring of national employees living in the surroundings of the concession areas and secure they get are granted with proper training. Provided that the prices are not 10% higher and that same are provided in a timely manner (up to 8 working days), preference shall be given to the acquisition of goods and services from local suppliers to the extent the quality is compatible with the economics, safety and overall efficiency of the project.

Geological information – This information belongs to the State and any entity hired to collect such information shall not use it from any other ends than those contractually established with the State. Entities carrying out survey operations without holding a mining right are obliged to communicate such activities to the State and hand over all collected information to the later. All geological information collected is to remain strictly confidential.

Property of Mineral Resources – Mineral resources belong to the State. Mineral production belongs to the holders of mining rights.

Mining rights – Mining rights are provided through the issuance of one of the following titles:

  • Types of mining titles
    • Prospection title - for the prospection, reconnaissance, exploration and appraisal of the mineral resources; 
      These titles are granted for a total period of 7 years. By the end of the initial 5 year period, concessionaire must release 50% of the area and upon each extension it shall release the area to be determined by the Mines and Geology Ministry. If concessionaire wish to keep all areas it must pay a surfice tax of USD 105/km2
    • Production title – for the production of mineral products;
      Production titles subsequent to a process of prospection and appraisal are always granted except if there is any breach of law or contract or when there are public interest sound reasons. Attribution of these rights is dependent on the previous filing of a business/technical plan, environmental impact study and of the production plan. Rules applicable to the mining activities under this title will be the ones provided by the Mining Contract. These rights are granted for a 35 year period, including the prospection and appraisal period, and are subject to 10 year extensions subject to Ministerial approval.
    • Mining license – for the production of mineral products used in construction works;
    • Mining pass – for the handicraft mining activities.
  • Acquisition of mining rights – public tender
    The acquisition of mining rights is made upon request or after public tender. Strategic mining locations are always granted through public tender.
  • Mining Contract
    Private investment in the mining sector is subject to authorization by the Mines and Geology Ministry or the Counsil of Ministries, depending on the whether or not strategic minerals are at stake. The investment framework applicable of the 3 stages of the mining activity (i) reconnaissance and prospection, (ii) study and appraisal, and (iii) production will be set by a mining contract. Mining rights for the trading of the minerals is also subject to this contract which is negotiated by a special Negotiation Committee.
  • Land ownership
    When mining rights are granted on land owned by individuals, authorization from the latter will have to be obtained. These individuals will be entitled to a rent and a security (bail) to cover potential damages.

    Concession Area – Maximum up to 10.000,00km2 except if a larger area is required in which case the Mines and Geology Ministry may have to provide a special authorization.

    Assignment and pledge of mining rights – Mining rights are transferable to third partied provided by the Mines and Geology Ministry. Mining rights can be provided as a credit security and be subject to judicial enforcement. Mining rights may only be pledge to secure concessionaire loans obtained to finance the mining activities. Mining rights cannot be seized.

    Guarantee – The private holders of mining rights are obliged to provide a guarantee to cover their investment contractual obligations. During the reconnaissance, exploration and appraisal stages, the guarantee shall cover 2% of the investment obligations. During the production stage 4% of the investment obligations. Mining companies shall have a legal reserve corresponding to 5% of the invested capital to be used on the abandonment or environmental restore.


Corporate Income Tax – 25%

Royalty on production – 5%

Surface Tax - USD 7,00/km2 on Year 1 up to USD 35,00/km2 on year 5.

Investment Income Tax – 10% on dividends distributed, 15% on interest payments.

Customs duties – Exemption on the definitive or temporary importation of listed equipments for the exclusive use of mining operations.

Originally published on 1 October 2012

Visit us at

Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the "Mayer Brown Practices"). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe – Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC 303359); Mayer Brown, a SELAS established in France; Mayer Brown JSM, a Hong Kong partnership and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. "Mayer Brown" and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.

© Copyright 2012. The Mayer Brown Practices. All rights reserved.

This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions