CHAPTER 123
">MINING ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Application.

   3.   Act not to apply to petroleum.

   4.   Interpretation.

PART II
GENERAL PRINCIPLES OF THE ACT

   5.   Control of minerals.

   6.   Authority required for prospecting or mining.

   7.   Mineral Rights.

   8.   Restriction on grant of Mineral Rights.

   9.   Mineral Rights transferable.

   10.   Development agreement.

   11.   Joint and several obligations.

   12.   Priority between competing applications.

   13.   Applications for Mineral Rights by tender.

   14.   Exclusive areas for primary licensees.

   15.   Offences relating to unauthorised trading of minerals.

PART III
ADMINISTRATION

   16.   Appointment of Commissioner for Minerals.

   17.   Execution and delegation of functions of Commissioner.

   18.   Geological services.

   19.   Geological survey, mapping and prospecting on behalf of the Republic.

   20.   Mining Advisory Committee.

   21.   Prohibition against the disclosure of information.

   22.   Indemnity.

   23.   Zonal mines offices.

PART IV
MINERAL RIGHTS

DIVISION A:
Prospecting Licence and Retention Licence

(i) Prospecting Licence

   24.   Application for prospecting licence.

   25.   Preliminary reconnaissance period.

   26.   Prospecting licence by tender.

   27.   Maximum areas, minimum expenditure.

   28.   Condition for grant of prospecting licence.

   29.   Grant, duration and renewal of prospecting licence.

   30.   Notification of grants.

   31.   Content of prospecting licence.

   32.   Rights of holder of prospecting licence.

   33.   Obligations of holder of a prospecting licence.

(ii) Retention Licence

   34.   Application for retention licence.

   35.   Grant of retention licence.

DIVISION B:
Special Mining Licence, Mining Licence and Gemstone Mining Licence

(i) Applications for Special Mining Licence, Mining Licence and Gemstone Mining Licences

   36.   Applicants.

   37.   Effect of application under this head on prospecting licence for building materials.

(ii) Special Mining Licence

   38.   Application for special mining licence.

   39.   Grant of special mining licence.

   40.   Duration of special mining licence.

   41.   Content of special mining licence.

   42.   Renewal of special mining licence.

   43.   Rights of holder of special mining licence.

   44.   Obligations of holder of special mining licence.

   45.   Amendments of special mining licence by holder.

(iii) Mining Licence

   46.   Mining licence.

   47.   Application for mining licence for minerals other than gemstones.

   48.   Grant of mining licence for minerals other than gemstones.

   49.   Rights and obligations of holder of mining licences for minerals other than gemstones.

   50.   Renewal of mining licence for minerals other than gemstones.

(iv) Gemstone Mining Licence

   51.   Application for gemstone mining licence.

   52.   Grant of gemstone mining licence.

   53.   Rights and obligations of holders of gemstone mining licence.

   54.   Report of prospecting and mining under gemstone mining licence.

   55.   Renewal of gemstone mining licence.

DIVISION C:
Supplementary Provisions affecting Mineral Rights under Divisions A and B

   56.   Surrender of land subject to Mineral Right.

   57.   Suspension and cancellation of Mineral Rights.

   58.   Extension of Mineral Right during applications.

   59.   Enlargement of certain Mineral Rights.

   60.   Holder of certain Mineral Right ceasing or suspending mining operations.

   61.   Maximum area for which licence may be granted.

   62.   Allocation of mining licence or gemstone mining licence by tender.

   63.   Termination of mining licence or gemstone mining licence where production is insufficient.

   64.   Additional requirements for certain mining licences and gemstone mining licences.

DIVISION D:
Primary Licences

   65.   Application for, and grant of, primary prospecting licence.

   66.   Application for primary mining licence.

   67.   Minimum and maximum areas.

   68.   Grant of primary mining licence.

   69.   Renewal of primary mining licence.

   70.   Allocation of primary mining licences to mine in exclusive primary area.

   71.   Conversion of primary mining licences to certain mineral rights under Division B.

   72.   Cancellation of primary licence.

PART V
LICENCES FOR DEALING IN RAW GOLD, GEMSTONES AND OTHER MINERALS

(i) Dealer's licence

   73.   Application for dealer's licence.

   74.   Grant of dealer's licence.

   75.   Duration and renewal of dealer's licence.

   76.   Rights of holder of dealer's licence.

   77.   Holder to keep records and accounts.

   78.   Minimum turnover requirements.

   79.   Termination of dealer's licence for default.

(ii) Broker's Licence

   80.   Application for broker's licence.

   81.   Grant of broker's licence.

   82.   Duration and renewal of a broker's licence.

   83.   Rights of holder of broker's licence.

   84.   Holder to keep records and accounts.

   85.   Termination of broker's licence for default.

PART VI
FINANCIAL PROVISIONS

   86.   Royalties.

   87.   Remission and deferment of royalties.

   88.   Payment in lieu of royalties.

   89.   Provisional assessment of royalties.

   90.   Sorting fees.

   91.   Prohibition on disposal of minerals.

   92.   Charges in respect of mineral rights and licences.

   93.   Recovery of fees.

PART VII
RESTRICTIONS, REPORTS AND THE RIGHT OF ENTRY

   94.   Security of gold and gemstones mining operations.

   95.   Restriction of rights of entry of holder of a Mineral Right.

   96.   Rights under a Mineral Right to be exercised reasonably.

   97.   Removal of minerals.

   98.   Wasteful practices.

   99.   Reports, records and information.

   100.   Authorised officer's power of entry.

PART VIII
DISPUTES

   101.   Commissioner may decide disputes.

   102.   Enforcement of Commissioner's orders.

   103.   Appeal to High Court.

   104.   Rules.

PART IX
REGISTRATION OF MINERAL RIGHTS

   105.   Registers of Mineral Rights.

   106.   Evidentiary provisions.

PART X
MISCELLANEOUS PROVISIONS

   107.   Radioactive minerals.

   108.   Transfer of control over company.

   109.   Insurance and indemnities.

   110.   Regulations.

   111.   Obstruction of holder of Mineral Rights.

   112.   Miscellaneous offences.

   113.   Offence committed by body corporate.

PART XI
REPEALS, SAVINGS, TRANSITIONAL AND TEMPORARY PROVISIONS

   114.   [Repeal of Act No. 17 of 1979.]

   115.   [Repeals with savings.]

   116.   Transitional and temporary provisions.

   117.   Saving of subsidiary legislation.

SCHEDULES

CHAPTER 123
THE MINING ACT

An Act to make provision for prospecting for minerals, mining and dealing in minerals, and to provide for any other relevant matters.

[1st July, 1999]
[G.N. No. 171 of 1999]

Acts Nos.
5 of 1998
10 of 1999
14 of 2001
G.N. No. 106 of 1999

PART I
PRELIMINARY PROVISIONS (ss 1-4)

1.   Short title Act No. 10 of 1999 Sch.; G.N. No. 106 of 1999">

   This Act may be cited as the Mining Act.

2.   Application

   This Act extends to and in respect of the sea-bed and subsoil of the continental shelf, as well as the land and the land beneath the territorial sea, of the United Republic.

3.   Act not to apply to petroleum

   This Act does not apply to the search for or production of petroleum.

4.   Interpretation

   (1) In this Act, unless the context otherwise requires–

   "application" means an application for the grant or surrender of a Mineral Right made in accordance with this Act;

   "authorised lapidary" means a dealer's licence holder authorised by the Commissioner pursuant to subsection (2) of section 76 to cut and polish gemstones;

   "authorised miner" means the holder of a special mining licence, a mining licence, a gemstone mining licence or a primary mining licence;

   "authorised officer" means the Commissioner, Deputy Commissioner, a public officer appointed under subsection (4) of section 16 or a person designated by the Commissioner under subsection (5) of section 16;

   "building materials" includes all forms of rock, stones, gravel, sand, clay, volcanic ash or cinder, or other minerals being used for the construction of buildings, roads, dams, aerodromes, or similar works but does not include gypsum, limestone being burned for the production of lime, or material used for the manufacture of cement;

   "Commissioner" means the Commissioner for Minerals appointed under subsection (1) of section 16;

   "Company" means a Company incorporated under the Companies Act *;

   "designated minerals" means minerals designated in a Prospecting Licence under paragraph (b) of subsection (1) of section 32;

   "development agreement" means an agreement referred to in section 10;

   "entitled applicant" means an applicant to whom subsection (1) of section 36 applies;

   "gemstone" means–

   (a)   diamonds, emerald and other gem varieties of beryl, opal, ruby, sapphire, turquoise, chrysoberyl, spinel, topaz, tourmaline, zircon, obsidian, peridot, moonstone, chrysophase, amethyst; and

   (b)   other gem varieties of quartz, garnet, zoisite, tanzanite, cordierite and scapolite, in rough and uncut form; and

   (c)   any other rough and uncut stone which may be declared to be a gemstone by the Minister by notice in the Gazette:

   Provided that prospecting operations, the primary purpose of which is to search for diamonds located in a kimberlite pipe, shall not be treated as prospecting for gemstones for the purpose of Part IV and diamonds located in, and recovered from, a kimberlite pipe shall not for the purpose of section 7 or Part IV be treated as gemstones.

   "gemstone mining licence" means a gemstone mining licence granted under Division B of Part IV;

   "holder" means the person in whose name a Mineral Right is registered;

   "in default" means in breach of the provisions of this Act or the regulations or any condition of a Mineral Right;

   "land" includes water;

   "land to which this Act applies" means–

   (a)   land in Tanzania; (including land beneath the territorial sea and other territorial waters); and

   (b)   the seabed and subsoil of the continental shelf;

   "lawful occupier" in relation to any land means a person who is in actual occupation of the land or any part of it and where there is more than one person, means that one of them who is the owner, or who is responsible or would be so responsible if the land were let at a rent or otherwise occupied in circumstances in which consideration or damages for such occupation would be payable;

   "licensed broker" means a person holding a broker's licence granted under section 81;

   "licensed dealer" means a person holding a dealer's licence granted under section 74;

   "licensing authority" means–

   (a)   where an application for a licence is to be made to the Minister, the Minister, and includes, as regards any functions other than the original grant of the licence, the Commissioner; or

   (b)   where an application for a licence is to be made to the Commissioner, the Commissioner, and includes, as regards any functions other than the original grant of the licence the zonal mines officer;

   "mine" when used as a noun, means any place, excavation or working in or on which any operation connected with mining is carried on together with all buildings, premises, erections and appliances belonging or appertaining thereto, above or below the ground for the purpose of mining, treating or preparing minerals, obtaining or extracting any mineral or metal by any mode or method or for the purpose of dressing mineral ores but does not include a smelter or a refinery;

   "mine" when used as a verb, means intentionally to mine minerals, and includes any operations directly or indirectly necessary therefor or incidental thereto, including such processing of minerals as may be required to produce a first saleable product, and "mining" shall be construed accordingly;

   "mineral" means any substance, whether in solid, liquid or gaseous form, occurring naturally in or on the earth, or in or under the seabed formed by or subject to a geological process, but does not include petroleum or surface water;

   "Mineral Rights" means Mineral Rights referred to in section 7;

   "Mining Advisory Committee" means the Mining Advisory Committee established by section 20;

   "mining area" means an area of land subject to a special mining licence, a mining licence, a gemstone mining licence, or a primary mining licence;

   "mining licence" means a mining licence granted under Division B of Part IV,or granted to the holder of a provisional licence under Schedule 4;

   "mining operations" means operations carried out in the course of mining;

   "Minister" means the minister responsible for mining affairs;

   "Ministry" means the Ministry responsible for mining affairs;

   "person" means a natural person or a body corporate or other juridical person;

   "petroleum" has the meaning ascribed to it in the Petroleum Exploration and Production Act *;

   "prescribed" means prescribed by the Regulations;

   "primary mining licence" means a primary licence to mine minerals granted under Division D of Part IV;

   "primary prospecting licence" means a primary licence to prospect for minerals granted under Division D of Part IV;

   "prospect" means to search for any mineral by any means and to carry out any such works and remove such samples as may be necessary to test the mineral bearing qualities of land, and includes the conduct of reconnaissance operations;

   "prospecting area" means an area of land subject to a prospecting licence or, a primary prospecting licence;

   "prospecting licence" means a prospecting licence granted under Division A of Part IV;

   "prospecting operations" means operations carried out in the course of prospecting;

   "raw gold" means all gold other than refined gold and includes gold in the raw or natural state, gold in ore, gold at any stage of its extraction from its ores or other minerals including auriferous amalgam, gold slimes, pot scrapings and slags containing gold, gold-bearing concentrates and sweepings from gold reduction works;

   "reconnaissance operations" means the search for minerals by geophysical surveys, geochemical surveys and photogeological or other such non-intrusive surveys or by the study of surface geology;

   "regulations" means regulations made under section 110;

   "reserved area" means–

   (a)   an area reserved in accordance with section 13 for applications for Mineral Rights by tender; or

   (b)   an area reserved in accordance with section 14 exclusively for the grant of primary licences to mine minerals under Division D of Part IV;

   "retention area" means the area subject to a retention licence;

   "retention licence" means a retention licence granted under Division A of Part IV;

   "special mining licence" means a special mining licence granted under Division B of Part IV;

   "vacant area" means an area of land which is not the subject of–

   (a)   a Mineral Right, other than a primary prospecting licence relating to an area which has not been demarcated and registered under subsection (6) of section 65, or an area subject to such a Mineral Right which the applicant has entered into an agreement to purchase, or in respect of which he has an enforceable option to purchase;

   (b)   a pending application for a Mineral Right;

   "zonal mines office" means such an office established for any area by the Minister in accordance with section 23;

   "Zonal Mines Officer" means an officer appointed under subsection (4) of section 16 to head zonal mines office.

   (2) A reference in this Act to land subject to a Mineral Right is a reference to an area of land in respect of which a Mineral Right has been granted and subsists.

PART II
GENERAL PRINCIPLES OF THE ACT (ss 5-15)

5.   Control of minerals G.N. No. 106 of 1999">

   Subject to this Act the entire property and control over minerals on, in or under the land to which this Act applies is vested in the United Republic.

6.   Authority required for prospecting or mining

   (1) No person shall, on or in any land to which this Act applies, prospect for minerals or carry on mining operations except under the authority of a Mineral Right granted, or deemed to have been granted, under this Act.

   (2) The activities carried on by an authorised officer in the course of geological mapping shall not be treated for the purpose of subsection (1) as prospecting for minerals or mining operations.

   (3) Any person who contravenes subsection (1) commits an offence and on conviction is liable–

   (a)   in the case of an individual, to a fine not exceeding two million shillings or to imprisonment for a period not exceeding three years, or to both;

   (b)   in the case of a body corporate, to a fine not exceeding ten million shillings.

   (4) Any Minerals obtained in the course of unauthorised prospecting or mining operation shall be forfeited in addition to other penalties provided for under subsection (3).

7.   Mineral Rights

   The following Mineral Rights may be granted under this Act–

   (a)   under Division A of Part IV–

      (i)   a prospecting licence;

      (ii)   a retention licence;

   (b)   under Division B of Part IV–

      (i)   a special mining licence;

      (ii)   a mining licence;

      (iii)   a gemstone mining licence;

   (c)   under Division D of Part IV–

      (i)   a primary prospecting licence;

      (ii)   a primary mining licence;

8.   Restriction on grant of Mineral Rights G.N. No. 106 of 1999">

   (1) No Mineral Rights shall be granted to–

   (a)   an individual who–

      (i)   is under the age of eighteen years;

      (ii)   is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any written law, or enters into any agreement or scheme of composition with his creditors, or takes advantage of any law for the benefit of debtors;

   (b)   a body corporate–

      (i)   which is in liquidation other than a liquidation which forms part of a scheme for the reconstruction or amalgamation of the holder;

      (ii)   in respect of which an order has been made by a court of competent jurisdiction for the winding up or dissolution of the body corporate;

      (iii)   which has made a composition or arrangement with its creditors.

   (2) No primary prospecting licence and no primary mining licence may be granted to an individual, partnership or body corporate unless–

   (a)   in the case of an individual, the individual is a citizen of Tanzania;

   (b)   in the case of a partnership, it is composed exclusively of citizens of Tanzania;

   (c)   in the case of a body corporate, it is a Company and–

      (i)   its membership is composed exclusively of citizens of Tanzania;

      (ii)   its directors are all citizens of Tanzania;

      (iii)   control over the Company, both direct and indirect, is exercised from within Tanzania by persons all of whom are citizens of Tanzania.

   (3) No gemstone mining licence shall be granted to a non-citizen unless the gemstone mining licence is held by that person in undivided participating shares with a citizen or citizens of Tanzania whose undivided participating share or shares amount to not less than twenty five per centum either alone, in the case of one person, or in the aggregate, in the case of more than one person.

9.   Mineral Rights transferable Act No. 10 of 1999 Sch.">

   (1) The holder of a Mineral Right, or where the holder is more than one person, every person who constitutes the holder of that Mineral Right, shall, subject to subsection (2), be entitled to assign the Mineral Right or, as the case may be, an undivided proportionate part thereof to another person.

   (2) Subject to subsection (3) no special mining licence and no mining licence, or gemstone mining licence or any undivided proportionate part thereof may be assigned to another person without the consent, given in writing, of the licensing authority.

   (3) Consent of the licensing authority shall not be required under subsection (2) for an assignment to–

   (a)   an affiliate, where the obligations of the affiliate are guaranteed by the assignor or by a parent company approved by the licensing authority, and, for the purposes of this subsection, an affiliate means any company which directly or indirectly controls or is controlled by the applicant or which is controlled directly or indirectly by a company which directly or indirectly controls the applicant;

   (b)   a bank or other financial institution by way of mortgage or charge given as security for any loan or guarantee in respect of mining operations;

   (c)   another person who constitutes the holder of the special mining licence or, as the case may be, the mining licence.

   (4) The consent of the licensing authority where it is required under subsection (2) shall not be unreasonably withheld or delayed.

   (5) No Mineral Right may be assigned to a person to whom that Mineral Right could not have been granted under this Act.

10.   Development agreement Act No. 10 of 1999 Sch.">

   (1) The Minister may, on behalf of the United Republic, enter into a development agreement, not inconsistent with this Act, with the holder of, or an applicant for, a Mineral Right for which he is the licensing authority relating to the grant Schedule of such a Mineral Right or Rights, the conduct of mining operations under a special mining licence, or the financing of any mining operations under a special mining licence.

   (2) The agreement under subsection (1) may contain provisions binding on the United Republic relating to a special mining licence or mining operations to be conducted under a special mining licence–

   (a)   which guarantee the fiscal stability of a long term mining project, by reference to the law in force at the effective date of the agreement, with respect to the range and applicable rates of royalties, taxes, duties, fees and other fiscal imposts and the manner in which liability in respect thereof is calculated and for that purpose but not otherwise may contain special provisions relating to the payment of any such fiscal impost to take effect in the event of a change in the applicable law;

   (b)   relating to the circumstances or the manner in which the Minister or the Commissioner will exercise any discretion conferred on them by this Act or the Regulations;

   (c)   relating to environmental matters, including in respect of matters which are project specific and not covered by regulations of general application, provisions intended to define the scope, and, as may be appropriate in any particular case, limit the extent of the obligations or liabilities of the holder of a special mining licence;

   (d)   dealing with the settlement of disputes arising out of or relating to the development agreement, the administration of this Act, or the terms and conditions of a special mining licence, including provisions relating to the settlement of any such dispute by international arbitration.

   (3) Where this Act or the Regulations confer on the Minister or the Commissioner a discretion, the Minister or, as the case may be, the Commissioner shall exercise that discretion subject to and in accordance with any relevant stipulation contained in a development agreement made under this section.

   (4) The Minister shall refer any proposal to enter into a development agreement to the Mining Advisory Committee.

11.   Joint and several obligations

   Where a Mineral Right is granted to, or held by, more than one person, any obligation under this Act, the Regulations or a relevant development agreement which is to be observed and performed by the holder shall be a joint and several obligation of the persons who constitute the holder save where the terms and conditions of that Mineral Right or a relevant development agreement otherwise provide.

12.   Priority between competing applications

   (1) Where two or more persons, not acting together as partnership or joint venture, each make a specified application for the grant of a Mineral Right over the same area of land, or over areas of land, parts of which are the same area, the person whose application was first registered under this Act shall, if the circumstances in subsection (3) are satisfied, be granted the Mineral Right for which he has applied.

   (2) Where two or more specified applications are received on the same day by an authorised officer or officers during the hours of business appointed by the Commissioner for the receipt of applications, those applications shall be deemed to have been received simultaneously and priority between them shall be determined by the Minister in such manner as may be prescribed.

   (3) The circumstances referred to in subsection (1) and (2) are–

   (a)   that the applicant is not disqualified for a grant of the Mineral Right by section 8;

   (b)   that the applicant is entitled, otherwise than as provided in this section, to a grant of the Mineral Right over the area of land for which application is made.

   (4) For the purpose of this section, a specified application means–

   (a)   an application for the grant of a prospecting licence;

   (b)   an application for the grant of a special mining licence or a mining licence by a person who is not an entitled applicant;

   (c)   an application for the grant of a gemstone mining licence by a person who is not an entitled applicant;

   (d)   an application for a primary mining licence.

   (5) An applicant for a mining licence for building materials, gemstone mining licence, or as the case may be, primary mining licence, in accordance with section 37 is deemed to be a person who has priority under this section.

13.   Applications for Mineral Rights by tender

   (1) Where the Minister considers it in the public interest to do so he may, by notice in the Gazette or in a local newspaper, designate any vacant area other than an area already forming part of a reserved area as an area for which he invites applications by tender for–

   (a)   a prospecting licence or licences;

   (b)   a mining licence or licences; or

   (c)   a gemstone mining licence or licences.

   (2) The area of a gemstone mining licence which has been determined by the Minister in accordance with subsection (2) of section 54 shall be deemed to have been designated under this section as an area for which the Minister invites application for tender for a gemstone mining licence.

14.   Exclusive areas for primary licensees

   Where the Minister, after consultation with the Mining Advisory Committee, determines that it would be in the interests of the orderly development of the mining industry in Tanzania, he may by Order, published in the Gazette, designate any vacant area as an area exclusively reserved for prospecting and mining operations by persons holding primary mining licences issued under Division D of Part IV.

15.   Offences relating to unauthorised trading of minerals G.N. No. 106 of 1999">

   (1) No person other than an authorised miner, a licensed dealer, a licensed broker or an authorised lapidary shall buy or otherwise acquire, or sell or otherwise dispose of, any raw gold or gemstones.

   (2) No person other than an authorised miner, a licensed dealer, a licensed broker or an authorised lapidary shall have in his possession any raw gold or gemstones unless, as an employee, agent or contractor, he has acquired and holds the raw gold or gemstones for or on behalf of an authorised miner, licensed dealer, licensed broker or an authorised lapidary.

   (3) No person shall export from Tanzania any raw gold or gemstone unless he is an authorised miner or a licensed dealer, and–

   (a)   in the case of an authorised miner has paid the royalty or provisional royalty due on such raw gold or gemstone; or

   (b)   in the case of a licensed dealer has made the payment or provisional payment in lieu of royalty due on the export of the raw gold or gemstone; or

   (c)   in any case, has given security to the satisfaction of the Commissioner for the payment of any such amount.

   (4) Any person who contravenes any of the provisions of this section commits an offence and on conviction is liable–

   (a)   in the case of an individual, to a fine not exceeding five million shillings or to imprisonment for a period not exceeding three years or to both;

   (b)   in the case of a body corporate, to a fine not exceeding twenty five million shillings.

   (5) The Minister may, by Order in the Gazette, extend the provisions of this section so that, subject to such limitations and exceptions as may be specified in the Order, they apply to minerals other than raw gold and gemstones named in the Order.

PART III
ADMINISTRATION (ss 16-23)

16.   Appointment of Commissioner for Minerals

   (1) The President shall appoint a suitably qualified public officer to be a Commissioner for Minerals.

   (2) The Commissioner appointed under subsection (1) shall exercise and perform the functions conferred or imposed upon him by this Act or by any other written law and shall supervise and regulate the proper and effectual carrying out of the provisions of this Act.

   (3) The President may appoint a Deputy Commissioner as may be necessary for the better administration of this Act.

   (4) The Minister in consultation with the Commissioner may appoint zonal mines officers and other public officers who may be necessary for the better administration of this Act.

   (5) The Commissioner may, by notice in the Gazette, designate any person to be an authorised officer for the purpose of all or any of the provisions of this Act.

17.   Execution and delegation of functions of Commissioner

   (1) Where the office of Commissioner is vacant or the Commissioner is, owing to absence or inability to act from illness or other cause, unable to exercise and perform the functions of his office, the Deputy Commissioner shall exercise and perform the functions of the Commissioner during such vacancy, absence or inability.

   (2) The Commissioner may, by notice published in the Gazette, subject to such conditions, qualifications or exemptions as may be prescribed therein, delegate to any public officer the exercise or performance of any of the functions conferred or imposed on him by this Act.

   (3) The Commissioner may exercise or perform a function notwithstanding that he has delegated the exercise or performance thereof to some other person.

   (4) The Commissioner shall not delegate the exercise or performance of any of his functions under Part VIII.

18.   Geological services

   The Commissioner, or a person to whom the functions referred to in this subsection have been delegated under subsection (2) of section 17 shall–

   (a)   advise the Minister on geological matters;

   (b)   undertake the geological mapping of Tanzania, and may for that purpose engage contractors;

   (c)   provide data concerning the geology and mineral resources of Tanzania, and generally assist members of the public seeking information concerning geological matters; and

   (d)   maintain such laboratory, library and record facilities as may be necessary for the discharge of his functions.

19.   Geological survey, mapping and prospecting on behalf of the Republic

   The Commissioner or a person to whom the functions referred to in section 18 have been delegated may, for the purpose of carrying out the geological mapping of Tanzania–

   (a)   enter upon any land with such number of persons as he may deem necessary, for the purpose of carrying out such mapping;

   (b)   demarcate the area and carry out any operations which may be carried out in accordance with this Act and the regulations by the holder of a prospecting licence granted under Part IV.

20.   Mining Advisory Committee

   (1) There is hereby established a Mining Advisory Committee which shall advise the Minister–

   (a)   on the matters which under the provisions of this Act are required to be referred to the Committee;

   (b)   on such other matters in connection with the administration of this Act as may be referred to the Committee by the Minister.

   (2) The provisions of the First Schedule to this Act shall apply to the composition and functions of the Committee.

   (3) Where, in accordance with this Act, any matter is required to be referred to the Mining Advisory Committee for its advice it shall submit its advice to the Minister in a written report and, in the event that the Minister proposes to dispose of that matter otherwise than in accordance with the advice of the Committee, the Minister shall, before disposing of the matter, publish the report of the Committee.

   (4) The Minister shall include in a report, to be published annually on the work of the Ministry–

   (a)   a statement on the number of matters which have been referred to the Committee;

   (b)   the number of cases in which he has disposed of any matter otherwise than in accordance with the advice of the Committee, and the reasons for such action.

21.   Prohibition against the disclosure of information

   (1) Subject to subsection (2), no information furnished, or information in a report submitted, pursuant to section 98 by the holder of a Mineral Right shall, for so long as that Mineral Right or another mineral right granted to the holder has effect over the land to which the information relates, be disclosed, except with the consent of the holder of the Mineral Right.

   (2) Nothing in subsection (1) shall operate to prevent the disclosure of information where the disclosure is made–

   (a)   for, or in connection with, the administration of this Act;

   (b)   for the purpose of any legal proceedings;

   (c)   for the purpose of any investigation or inquiry conducted under this Act;

   (d)   to any person being a consultant to the Government or public officer who is authorised to receive such information; or

   (e)   for, or in connection with, the preparation by or on behalf of the Government of statistics in respect of prospecting or mining.

   (3) Any person who contravenes the provisions of subsection (1) commits an offence and shall be liable on conviction–

   (a)   in the case of an individual, to a fine not exceeding two hundred thousand shillings or to imprisonment for a period not exceeding twelve months, or to both;

   (b)   in the case of a body corporate, to a fine not exceeding one million shillings.

22.   Indemnity

   No officer of the Ministry or other public officer shall be liable for anything done or omitted to be done bona fide in the performance or purported performance of any function vested in him by, or in accordance with an appointment made under, this Act.

23.   Zonal mines offices

   (1) The Minister in consultation with the Mining Advisory Committee shall establish zonal mines offices for the purpose of this Act, and appoint the area of Tanzania for which each such zonal mines office shall be responsible.

   (2) The establishment of zonal mines offices and the designation of the areas for which they are responsible shall be set forth in a notice published in the Gazette.

PART IV
MINERAL RIGHTS (ss 24-72)

DIVISION A:
Prospecting Licence and Retention Licence (ss 24-35)

(i) Prospecting Licence (ss 24-33)

24.   Application for prospecting licence G.N. No. 106 of 1999">

   (1) An application may be made under this Division of this Part for a prospecting licence for–

   (a)   all minerals other than building materials and gemstones;

   (b)   building materials;

   (c)   gemstones.

   (2) An application for a prospecting licence including an application in respect of land in an area reserved for applications by tender for prospecting licences shall be made to the Minister and shall be in the prescribed form and accompanied by the prescribed fee.

   (3) An application for the grant of a prospecting licence–

   (a)   shall contain in respect of the person or, if there is more than one person, of each person, making the application–

      (i)   in the case of an individual, his full name and nationality; or

      (ii)   in the case of a body corporate, its corporate name and the place where it was incorporated;

   (b)   shall state whether the application is for–

      (i)   all minerals other than building materials or gemstones;

      (ii)   building materials; or

      (iii)   gemstones;

   (c)   shall state the size of the area of land over which it is sought, which shall not exceed the maximum area prescribed as provided under section 27, and be accompanied by a plan of the area;

   (d)   shall contain a statement giving particulars of the financial and technical resources available to the applicant; and

   (e)   shall contain details of any Mineral Right previously granted to the applicant.

   (4) Every application for a prospecting licence made in the prescribed form by an applicant who has tendered to the licensing authority the prescribed fee, shall be registered immediately in the register maintained for such applications under this Act.

   (5) Each application registered under subsection (4) shall be assigned a number and the date, and time at which it was received shall be indicated on an official receipt handed to the applicant or his authorised agent or sent to the applicant by registered mail.

25.   Preliminary reconnaissance period

   An applicant for the grant of a prospecting licence for all minerals other than building materials or gemstones may apply for the grant of a prospecting licence covering in the first instance a preliminary reconnaissance period not exceeding two years.

26.   Prospecting licence by tender

   (1) An application for a prospecting licence in an area designated as an area for which applications for such a licence are invited by tender shall–

   (a)   be in the prescribed tender form and accompanied by the prescribed tender fee; and

   (b)   subject to the terms and conditions of the invitation to tender, include the matters required to be included in applications by section 24.

   (2) Applications made under subsection (1) shall be submitted to the Mining Advisory Committee for its advice.

   (3) On receipt of a report from the Mining Advisory Committee, the Minister shall consider the competing bids and shall select the bid which is most likely to promote the expeditious and beneficial development of the mineral resources of the area having regard to–

   (a)   the programme of prospecting operations which the applicant proposes to carry out and the commitments as regards expenditure which the applicant is prepared to make;

   (b)   the financial and technical resources of the applicant; and

   (c)   the previous experience of the applicant in the conduct of prospecting and mining operations,

and the successful application shall be treated as an application under section 12 which has priority over any other application and the applicant shall be notified accordingly.

27.   Maximum areas, minimum expenditure

   (1) The maximum area over which a prospecting licence may be granted shall be prescribed in the regulations.

   (2) The regulations shall prescribe a maximum area for a prospecting licence–

   (a)   held during a preliminary reconnaissance period for all minerals other than building materials and gemstones;

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