National Mineral Policy 2006 - Department of Mines

National Mineral Policy 2006 - Department of Mines National Mineral Policy 2006 - Department of Mines

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Cross-country Comparison of Mining LawsAppendix FCountry Mining Law Who grants Mining legislationRestrictions Coverage of SecurityFDI Commodities Application area Mining Law of tenureArgentina Mining Code No. 25 NA NA NA NA Yes1886, and the textordained by decreeNo. 456, 1997: LawNos. 24, 498 and 24, 585Bolivia Mining Code, Law General None None Cities, cemeteries, Prospecting, YesNo. 1777 (17 March Superintendent historical places, exploration, From1997) of Mines monuments, mining, explorationmilitary facilities, concentration, to miningand other popular andareassmeltingBotswana Mines & Mineral Act Minister None Radioactive Burial ground and Prospecting and No1999 minerals national monumental miningparksBrazil Brazilian Mining Various agencies for None None Area covered Prospecting, YesCode, Decree-Law various activities by exploration exploration, Upon theNo. 227 (28 February authorisation, mining, approval of1967) as amended in licence registration concentration explorationaccordance with law and smelting report9314 (14 November 1996)Chile Political Constitution Local Court None None None Prospecting, Yesof the Republic 1980 of Justice exploration, ExclusiveConstitutional mining rights fromOrganic Law onexplorationMining Concessionsto mining(1983) and MiningCode (14 December 1993)244

Country Mining Law Who grants Mining legislationRestrictions Coverage of SecurityFDI Commodities Application area Mining Law of tenureChina Mineral Resources Department Same as None Specific minerals Geological YesLaws No. 36 in charge domestic for which protective survey, Exclusive(19 March 1986) and of Geology and investors policy is there, exploration, rights from74 (amended on 29 Mineral resources harbours, airports, mining and explorationAugust 1996} of provincial railways, highways, selling of to mininggovernments important rivers mineralsIndia Mines and Minerals Sate governments Yes Minerals in the Reserved forest or Prospecting, Yes(Regulation and Prospecting First Schedule forest land, reserved mining ProspectingDevelopment) Act licences and are with the area by the Central licensee shall1957, amended in mining permission of government have preference1994, and Mines and lease are the Central for MLMinerals (Development restricted to government,and Regulation) Act Indian Minor mineralsnationals with stategovernmentsIndonesia Basic Law of Mining, Director Yes None Urban area, holy Prospecting, YesLegislative Decree No. 11, General of Mines Investor area, public area, exploration,2 December 1967 must transport area, other mining andestablish a mining and defence concentration,domestic area smelting andcompanytransport, andprofitingAppendix F (cont.)245

Cross-country Comparison <strong>of</strong> Mining LawsAppendix FCountry Mining Law Who grants Mining legislationRestrictions Coverage <strong>of</strong> SecurityFDI Commodities Application area Mining Law <strong>of</strong> tenureArgentina Mining Code No. 25 NA NA NA NA Yes1886, and the textordained by decreeNo. 456, 1997: LawNos. 24, 498 and 24, 585Bolivia Mining Code, Law General None None Cities, cemeteries, Prospecting, YesNo. 1777 (17 March Superintendent historical places, exploration, From1997) <strong>of</strong> <strong>Mines</strong> monuments, mining, explorationmilitary facilities, concentration, to miningand other popular andareassmeltingBotswana <strong>Mines</strong> & <strong>Mineral</strong> Act Minister None Radioactive Burial ground and Prospecting and No1999 minerals national monumental miningparksBrazil Brazilian Mining Various agencies for None None Area covered Prospecting, YesCode, Decree-Law various activities by exploration exploration, Upon theNo. 227 (28 February authorisation, mining, approval <strong>of</strong>1967) as amended in licence registration concentration explorationaccordance with law and smelting report9314 (14 November 1996)Chile Political Constitution Local Court None None None Prospecting, Yes<strong>of</strong> the Republic 1980 <strong>of</strong> Justice exploration, ExclusiveConstitutional mining rights fromOrganic Law onexplorationMining Concessionsto mining(1983) and MiningCode (14 December 1993)244

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