Mali
Answer ... Prospecting and exploration activities are subject to:
- an exploration authorisation; and/or
- a research permit.
Any type of mineral may be covered by a prospecting authorisation or research permit.
Mali
Answer ... Exploration authorisation: The following requirements must be satisfied:
- proof of the necessary technical and financial capacity to carry out the exploration activities;
- presentation of a minimum work programme; and
- confirmation that the relevant substances are not covered by an existing authorisation in the same requested area.
Research permits: These are assigned on a ‘first come, first served’ basis. The following requirements must be satisfied:
- proof of the necessary technical and financial capacity to carry out the exploration activities and respond to environmental, health, safety and hygiene obligations; and
- presentation of a minimum work commitment setting out the programme and the budget allocated to the proposed research work.
Mali
Answer ... The following procedure and required documentation are still subject to the provisions of the implementing decree of the Mining Code, which as yet has not been adopted.
Exploration authorisation and research permit: An application letter is submitted to the Ministry of Mines or the Direction Nationale de la Géologie et des Mines (DNGM). The letter must contain details of:
- the identity of the applicant;
- the minerals for which the authorisation or permit is sought; and
- the surface/size of the mining area that is requested.
It must be accompanied by the following documents, among others:
- proof that the applicant has the necessary technical and financial capacity to carry out the mining activities;
- a detailed work programme with the allocated budget;
- a certificate of solvency;
- a topographical map (scale of at least 1/200,000) showing the area requested and outlining its limits; and
- a power of attorney for the individual who signs the application letter.
The procedure generally takes 30 days from submission of the required documentation, although this may be subject to administrative delay.
An exploration authorisation is issued by the DNGM, whereas a research permit is granted by order of the minister of mines.
Exploitation permit: An application letter is submitted to the Ministry of Mines and the DNGM. The letter must contain information on the identity and address of the applicant.
It must be accompanied by the following documents, among others:
- proof that the applicant has the necessary technical and financial capacity to carry out the mining activities;
- a feasibility study of the targeted minerals;
- a copy of the environmental permit, based on an environmental and social impact assessment of the project;
- a copy of the environmental and social management plan;
- a copy of the closure and rehabilitation plan;
- a copy of the community development plan;
- a certificate of solvency;
- a topographical map (scale of at least 1/200,000) showing the area requested and outlining its limits; and
- a power of attorney of the individual who signed the application letter.
The procedure generally takes three months from submission of the required documentation, although this may be subject to administrative delay.
A large-scale exploitation permit is granted by decree of the prime minister, and other exploitation permits by order of the minister of mines upon a favourable opinion of the DNGM.
Mali
Answer ... Individuals and legal entities can own mining rights in Mali. However, the following requirements must be satisfied:
- A foreign entity that wishes to obtain a mining permit must establish a domicile in Mali.
- Artisanal exploitation permits may be owned only by individuals of Malian nationality.
- Semi-mechanised exploitation permits may be owned only by individuals of Malian nationality or legal entities that are duly incorporated under Malian law (ie, companies that are majority owned by Malian nationals).
- Small-scale exploitation permits may be owned only by legal entities that are duly incorporated under Malian law.
- Only the holders of research permits can apply for large-scale exploitation permits. Once granted, a company that is registered under the laws of Mali must be incorporated to carry out the exploitation activities.
Mali
Answer ... Following the enactment of the new Mining Code, the relevant authorities in charge of the mining sector plan to establish new fees and charges that may be incurred in obtaining a licence and to specify them in the implementing decree. However, this new decree has not yet been adopted and all licence applications have been suspended due to the COVID-19 crisis.
Mali
Answer ... The duration of an exploration authorisation is three months, which is not renewable.
The duration of a research permit is three years, which is renewable twice for further three-year periods.
The renewal process involves the submission of an application to the minister of mines and the DNGM four months before the expiry of the authorisation or permit, and the payment of renewal fees.
The above requirements for renewal are still subject to the provisions of the implementing decree of the Mining Code, which has not yet been adopted. The above information is based on a previous process (ie, which applied before the adoption of the Mining Code).
Mali
Answer ... Generally, the rights and obligations of the operator will be set out in an establishment agreement between the government and the operator, which is annexed to the licence. Among other things, the agreement will specify:
- the conditions and terms of the relationship between the licence holder and the government;
- the rights and obligations of each party; and
- a guarantee of stability regarding taxation, economic conditions and foreign exchange regulations.
The Mining Code further provides as follows.
Exploration authorisation: An exploration authorisation grants the operator an exclusive exploration right over all minerals within the mining area attributed to the operator.
An operator’s obligations under an exploration authorisation include the provision to the DNGM of a report on the works carried out and the results within one month of the expiry of the authorisation.
Research permit: The rights of an operator under a research permit are as follows:
- an exclusive prospection, exploration and research right over groups of minerals within the mining area attributed to the operator and the right to dispose of minerals extracted for analysis;
- the right to extend the attributed permit in case of discovery of minerals which are not in the same groups as those attributed to the operator under the permit; and
- the right to transfer the permit, subject to notification of the Ministry of Mines.
The obligations of an operator under a research permit are as follows:
- to provide the DGMG with an annual activity report summarising the research or exploitation activities undertaken that year. This report must include information on the impact of the activities on the environment and on any restoration or rehabilitation and securing of the mining site;
- to inform the competent authority in charge of national heritage in case its activities affect any related sites or assets; and
- to pay the corresponding surface royalties.
Mali
Answer ... The Mining Code does not specifically address the requirements or obligations of a permit holder to relinquish a research permit or part thereof. However, these may be specified in the establishment agreement attached to the permit.
The Mining Code provides only that a research permit holder is entitled to relinquish or waive all or part of its permit subject to:
- notification of the minister of mines; and
- fulfilment of the obligation to rehabilitate and secure the mining site.
Such relinquishment is effective only after the issuance of an order from the minister of mines evidencing the relinquishment.
Mali
Answer ... Exploration authorisation: An exploration authorisation cannot be transferred.
Research permit: A research permit can be transferred. The assignment agreement must be notified to the minister of mines within 30 days of its execution. Such transfer is effective only after the issuance of an order of the minister of mines granting the exploration permit to the assignor (ie, the new holder).
Further conditions on the transfer will be specified in the implementing decree of the Mining Code.
Mali
Answer ... It is not a priority per se, but rather an exclusive right. A large-scale mining permit will be granted only to the holder of a research permit.