Tanzania
Answer ... Yes, the law in Tanzania makes such a distinction. In order to access surface rights, the mining rights holder must obtain ministerial consent, consent from local authorities, the landowner’s consent or the consent of (other) relevant authorities.
Ministerial consent is required for the following, among others:
- areas that are dedicated for burial;
- areas where there is a military installation;
- any reserved area; and
- any protected monument.
Local authority consent and the landowner’s consent are required for any inhabited area or land for agriculture, in which case there will be compensation and relocation. Compensation, relocation and resettlement may be required where the rights conferred cannot reasonably be exercised without affecting the interests of a lawful occupier of land. Consent may also be required from other authorities – for instance, in national parks, forest reserves, game reserves and areas where there is a railway.
Tanzania
Answer ... The mining rights holder has a right of entry to the licensed area and the right to exercise its reasonably so as not to cause injury to the landowner. It also has obligations, in appropriate cases, to seek required consent or to pay compensation and resettle or relocate the landowner. Where the mining rights holder and the landowner co-exist and land or other property of the landowner is damaged, the mining rights holder must pay fair and reasonable compensation.
The landowner, on the other hand, is obligated not to erect buildings or structures without the consent of the mining rights holder. The minister may intervene where consent is unreasonably withheld.
Tanzania
Answer ... Access to surface rights is obtained by payment of compensation to the landowner and, in appropriate cases, resettlement. This process entails the identification of the occupiers of land and their properties, followed by a valuation assessment through which the land, crops and other properties in the area are valued. The local government must be consulted in advance on the valuation exercise, the compensation and, if applicable, resettlement.
The identification exercise is done by a qualified valuer, together with the local government of the area. This is followed by a valuation exercise conducted by the qualified valuer, which serves as the basis for an assessment of the value of land. Compensation items will normally include:
- the value of the land;
- the value of unexhausted improvements to the land;
- a disturbance allowance;
- a transport allowance;
- an accommodation allowance; and
- loss of profits.
Once the assessment is completed, the valuer will prepare a valuation report, which must be approved by the chief government valuer in the Ministry of Lands and Human Settlements. The report must then be endorsed by the regional commissioner, the district commissioner and the ward executive officer. When the approvals and endorsements have been completed, payment of the compensation amounts will be made to the individuals identified in the valuation report. Compensation must be paid within six months of approval and endorsement of the valuation report; if there is a delay beyond six months, the valuation exercise must be redone.
Tanzania
Answer ... No. Apart from requiring local participation in the capital equity of a licensee and local content requirements, there are no native issues applicable in Tanzania.
Tanzania
Answer ... There are no zoning requirements. However, mining licences are issued based on the plan of the mining area that is appended to the application for a special mining licence or a mining licence.