Guinea
Answer ... Prospecting activities: Prospecting authorisations for substances of mines or quarries confer on the holder the right to carry out survey work to confirm the existence of one or several mining substances in zones classified as open. However, the holder of the authorisation must disclose the results of its survey work to the state.
Quarry search authorisations confers on the holder the right to prospect for all quarry substances in the area for which the authorisation is granted.
Exploration activities: Exploration permits confer on the holder the exclusive right to prospect for the mining substance(s) for which the permit is issued, within the limits of its area and without limitation as to depth. There are two types of exploration permits: industrial exploration permits and semi-industrial exploration permits.
Guinea
Answer ... The mining administration will verify whether the company or individual has the technical and financial capacity to undertake such exploration activities. This is the main requirement.
Any requests from individuals or companies that are subject to international sanctions or criminal investigations linked to fraud, corruption or money laundering are automatically rejected.
In addition to the above, the procedure set out in question 3.3 must be followed.
Guinea
Answer ... The various steps for obtaining a licence are set out below. The whole procedure takes approximately one month for an exploration permit. However, the timeline is just an estimate and maybe subject to administrative delay.
Prospecting authorisations and quarry search authorisations:
- The applicant files a request along with the documents supporting its technical and financial capacity to undertake the prospecting activities.
- The applicant’s request is assessed by the National Geology Authority.
- Upon a favourable opinion of the National Geology Authority, the applicant’s request is also analysed by the Mining Promotion and Development Centre (MPDC).
- Upon a favourable opinion of the MPDC, the prospecting authorisation is issued by the National Mines Authority or the quarry search authorisation by the decentralised departments of the National Mines Authority.
Exploration permits:
- The applicant files a request along with the documents supporting its technical and financial capacity to undertake the exploration activities.
- The applicant’s request is assessed by the Technical Committee of Titles.
- Upon a favourable opinion of the Technical Committee of Titles, the applicant’s request is also analysed by the MPDC. At this point, other technical and environmental assessments of the request may be made by the relevant bodies (ie, the National Mines Authority and the Ministry of Environment).
- Upon a favourable opinion of the MPDC, the exploration permit is granted by order of the minister of mines and geology.
If the application is rejected, the minister of mines and geology will notify the applicant accordingly.
The administrative act through which a licence is granted, renewed, transferred or withdrawn must be published in the Official Gazette and on the website of the Ministry of Mines and Geology.
Guinea
Answer ... Individual and companies can own mining rights in Guinea. In addition to the justification of the technical and financial capacity to undertake the exploration activities (which is the main requirement), a semi-industrial exploration permit may be granted only to:
- companies that are wholly owned by Guinean nationals; and
- foreign nationals of countries which grant the same rights (reciprocity principle) to Guinean nationals.
Guinea
Answer ... The fees depend on the mining substances and are calculated on the basis of the area covered by the prospecting authorisation or exploration permit. They are summarised in the following tables.
Prospecting authorisation:
Fixed fees
- Quarry search authorisation
-
Steps |
Fees ($/hectares/year) |
Grant |
750 |
Renewal |
750 |
- Authorisation for the exploitation of quarry substances
-
Steps |
Fees ($/hectares/year) |
Grant |
2,500 |
Renewal |
4,000 |
Transfer |
6,500 |
Flat fees of $500, and $1,500 are also paid at the time of the application for a prospecting authorisation and a quarry search authorisation respectively, and subsequently on each renewal.
Annual fees
- Authorisation for the exploitation of quarry substances
-
Steps |
(US$/hectares/year) |
Grant |
Approx 200 |
renewal |
Approx 310 |
Exploration permit:
Fixed fees
Minerals |
Steps |
Fees per km² ($) |
Bauxite, iron, uranium |
Grant |
15 |
First renewal |
40 |
Second renewal |
100 |
Gold, diamond, gems and associated minerals |
Grant |
20 |
First renewal |
53 |
Second renewal |
133 |
Basic mineral and other substances |
Grant |
10 |
First renewal |
27 |
Second renewal |
67 |
Fixed fees are paid one a one-off basis by the permit holder for the whole duration of the exploration permit at the time of grant or renewal.
A flat fee of $1,500 is also paid at the time of the application for exploration permit and subsequently on each renewal.
Annual fees
Steps |
Fees per km² ($) |
Grant |
10 |
First renewal |
15 |
Second renewal |
20 |
Guinea
Answer ... Exploration permit: An industrial exploration permit is granted for an initial period of up to three years. The permit may be renewed twice for up to two years each time, at the request of the permit holder and under the same conditions as apply for grant of the permit.
A semi-industrial exploration permit is granted for an initial period of up to two years, and may be renewed only once for up to one year, at the request of the permit holder and under the same conditions as applied for grant of the permit.
Each renewals occurs automatically if the permit holder:
- satisfied all obligations contained in the order granting the permit; and
- includes, in its renewal application, a work programme adapted to the results of the preceding period and representing a financial outlay at least equal to that set out in the granting order.
For the first renewal, the following documents are required:
- copies of all quarterly reports (ie, 12 reports for industrial permits and eight reports for semi-industrial permits);
- all results of works and geological, geophysical, geochemical and drilling results, accompanied by corresponding maps;
- the proposed plan of relinquishment;
- documents certifying compliance with the obligations contained in the granting order;
- the work programme, with a budget for the subsequent period; and
- a detailed schedule of work to be completed.
For the second renewal, the following documents are required:
- copies of the eight quarterly reports;
- all work results and geological, geophysical, geochemical and drilling results, with corresponding maps;
- the proposed plan of relinquishment;
- documents certifying compliance with the obligations contained in the granting order;
- the work programme, with a budget for the subsequent period; and
- a detailed schedule of work to be completed.
Prospecting authorisation: A prospecting authorisation is granted for a maximum period of six months, which may be renewed once for up to six months, under the same conditions as apply for grant of the authorisation.
Quarry search authorisation: A quarry search authorisation is issued for a maximum period of one year, which may be renewed for periods of up to one year, under the same conditions as apply for grant of the authorisation.
Guinea
Answer ... Prospecting authorisation: The rights of the authorisation holder are:
- to carry out survey work to confirm the existence of one or several mining substances in zones classified as open; and
- to freely use the minerals extracted during the prospecting period, to the extent that this use does not fall under the scope of exploitation activities.
The main obligation of the authorisation holder is to disclose the results of its survey work to the state.
Quarry search authorisation: The authorisation holder has the right to prospect for all quarry substances in the area for which the authorisation is granted.
Its main obligation is to disclose the results of its survey work to the state (via the decentralised departments of the National Mines Authority).
Exploration permit: The permit holder has the exclusive exploration rights for the types of mining substance(s) for which the permit is issued within the limits of its area and without limitation as to depth. During the validity period of the exploration permit, only the permit holder is entitled to an exploitation permit for deposits found within the perimeter of the exploration permit. The right to an exploitation permit becomes effective once the permit holder has:
- disclosed all results;
- relinquished half of the initial area of the exploration permit to the state; and
- completed the files required for the exploitation permit.
The exploration permit confers on its holder undivided movable property rights, which are not assignable and which cannot be pledged or mortgaged.
The permit holder is entitled to freely use the minerals extracted during the exploration period, to the extent that this use does not fall under the scope of exploitation activities.
The obligations of the permit holder are mainly the financial obligations above and fulfilment of its exploration commitments – that is:
- to commence the exploration activities within six months of issuance of the exploration permit;
- to prepare activity reports and financial statements; and
- to comply with its environmental obligations.
Guinea
Answer ... The holder of a licence (permit or authorisation) may relinquish it. Such relinquishment may be total or partial, and must be justified by technical or economic reasons or in case of force majeure. Prior notice of three months is also required.
However, the holder of a licence remains liable for the payment of all duties and taxes due with respect to the environment and rehabilitation of the site, even after the relinquishment takes effect. The licence holder is also liable for all other obligations contemplated by the Mining Code, its implementing regulation and the terms of reference of the mining agreement.
Relinquishments for exploration permit are confirmed by order of the minister of mines and geology.
Guinea
Answer ... An exploration permit cannot be transferred. Any attempt to transfer an exploration permit is null and void and may entail the cancellation of the exploration permit.
Prospecting authorisations for substances of mines or quarries and quarry search authorisations cannot be transferred.
Guinea
Answer ... Yes – during the validity period of the exploration permit, the permit holder is entitled to an exploitation permit for deposits found within the perimeter of the exploration permit.