ACCESS TO LAND (mining operations)

According to the mining code of 2016, upon the signing of the mining agreement, the state shall after consultation with the affected populations, grant to the mining operator of the lands necessary for the mining of the discovered mineral substances in accordance with the laws and regulations in force.

To be entitled to the land, the operator shall forward to the minister in charge of mines a file stating the boundaries and purpose of lands which he is applying to occupy in order to mine discovered deposits.

The minister in charge of mines shall forward to the minister in charge of lands a file requesting approval as public utility and appropriation by the state, of lands needed for mining of the relevant resources under terms and conditions laid down by law.

Where the conditions are fulfilled, the minister in charge of lands shall issue an order to approve the envisaged works as being for public purpose and to determine the powers of the committee of inquiry into land issues.

The committee shall be allowed 3 months with effect from the time the matter was referred to it, to produce the documents required to prepare, as the case may be, the compensation, incorporation, expropriation or reclassification decrees on lands requested by the operator in accordance with the laws and regulations in force.

Where the implementation of the envisaged project is imminent, the minister in charge of lands may issue to the operator, at the behest of the minister in charge of mines, upon presentation of the report of the affidavit and assessment committee, a license for temporary occupancy of the requested land for public utility purposes.

The expenses, compensation and generally any expenditure resulting from the implementation of the measures to release the land and make it available shall be borne by the operator.

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