- Withdrawal, without compensation, after 60 days’ formal notice, which has remained unsuccessful
- If operations are suspended without authorisation for more than 2 years
- For non-payment of duties and taxes under mining regulations
- Transfer or transmission or any other unauthorised transaction
- Sale or illicit transaction of mineral substances
The Mining Code of Burkina Faso (Act 036-2015/CNT of 26 June 2015 on the Mining Code of Burkina Faso) defines a mining title as “the regulatory act granting the prerogative to carry out research or exploitation of mineral substances in accordance with the provisions of this Code. Mining titles are research permits, large or small mine exploitation permits, semi-mechanised exploitation permits for mining substances, authorisations for industrial exploitation of quarry substances and authorisations for semi-mechanised exploitation of quarry substances”. While the Code defines the conditions for granting mining permits, it also specifies the conditions for withdrawing them.
Indeed, Article 112 of the Code stipulates that any mining title or authorisation may be withdrawn, without compensation or indemnity, by the authority that issued it following a 60-day formal notice that has remained unsuccessful.
The licence may be withdrawn if one of the following situations is observed: the holder of an exploration licence or beneficiary of an exploration authorisation engages in exploitation activities within the perimeter of his licence; exploration activity is delayed or suspended, without valid reason, for more than six months; preparatory or exploitation work is delayed or suspended, without authorisation, for more than 2 years and, with authorisation, for more than six years for industrial exploitation permits; exploitation work is delayed or suspended, without authorisation, for more than one year and, with authorisation, for more than 2 years for industrial exploitation permits for quarry substances; preparatory or exploitation work is delayed or suspended, without authorisation, for six months and, with authorisation, for three years for semi-mechanised exploitation permits; exploitation work is delayed or suspended, without authorisation, for six months and, with authorisation, for one year for semi-mechanised exploitation permits for quarry substances; transfer or transmission or any other unauthorised transaction ; non-payment of duties and taxes as provided for in the mining regulations; failure to meet the minimum annual unit expenditure as provided for in the mining regulations; failure to comply with the obligations relating to the environmental and social impact study or the environmental and social impact notice; serious breach of the rules relating to hygiene, health and safety at work.
Article 113 states that withdrawal will take place without formal notice if the holder of the mining title or authorisation: engages in the sale or illegal transaction of mineral substances; employs or tolerates the employment of children on his site; fails to renew the permit or authorisation at the end of its period of validity; is guilty of breach of trust or fraud relating to a mining title or authorisation or has forfeited his rights; uses dangerous chemicals, in particular cyanide and mercury, and explosive substances in artisanal mining.
However, when a mining title or authorisation is the subject of a dispute or difference likely to threaten public order, the Minister in charge of mines may take appropriate measures to suspend the mining title or withdraw the authorisation, article 114 states.
Elie KABORE
#Mines_Actu_Burkina
