Sector Licensing Studies : Mining Sector

Abstract

This report is intended to provide guidance on best practices in mining licensing, based on examples from low, middle and high income countries in Africa, Asia, North America, and South America. It is not a 'how-to guide' or a licensing implementation toolkit, but rather identifies certain common features of successful mining licensing regimes worldwide that other national or sub-national jurisdictions might usefully incorporate in new mining laws and regulations or revisions or existing ones. The case studies and other examples of good and bad practice are intended to provide a cross-section by geography and by income level, and they demonstrate that the prevalence of good and bad practices is not simply a function of income level. Tanzania, one of the poorest countries in the world, has in many respects a better licensing regime than either South Africa or the U.S. State of Wisconsin. In considering these complex issues, it has proven difficult to confine the discussion purely to questions of licensing. Discussion of licensing invariably invokes reference to overall policy and investment climate issues, environmental protection, labor law, taxation, national and sub-national jurisdiction, land tenure, and much more. This report makes no attempt to address all of these in detail but refers to them in reference to their interactions with and effect on, licensing itself. Far more detailed research on mineral policy, taxation, investment climate, and other issues has been carried out, some of it referred to in this report and cited in the footnotes and bibliography.