Nature has endowed Cameroon with a mining potential that is as important as it is varied, and the government is making it a valuable lever for economic recovery. Research has brought to light important mineral substances, sometimes world-class, in particular, and without being exhaustive, iron in Mbalam, bauxite in Ngaoundal, Minim-Martap and Fongo-Tongo, nickel-cobalt in Lomié, iron in Kribi, titanium in Akonolinga, tin in Mayo Darlé, uranium in Poli and Lolodorf, gold and diamonds
in the Eastern Region.
These are all resources that can be of interest to both domestic and foreign investors. Aware that an attractive legal framework is necessary for the development of this sector of investment, the Cameroonian State, in April 2001, adopted a law establishing the Mining Code and its decree of application. This law was revised by Law No. 2016/17 of December 14, 2016 on the Mining Code, the subject of this column.
This text, with its 242 articles, aims to foster, encourage and promote investments in the mining sector likely to contribute to the economic and social development of the country. It governs the recognition, research, exploitation, possession, transport, processing and marketing of substances minerals and applies throughout the territory of the Republic of Cameroon, on the continental shelf, in territorial waters and in the exclusive economic zone.
However, it does not apply to surface waters, liquid and gaseous hydrocarbons and bituminous shale which are subject to specific laws.
In short, the Mining Code applies to all mining activities, namely reconnaissance, research, development, exploitation, processing, enrichment, transport, storage, loading, marketing, rehabilitation and closure operations.
Mining sites for mineral substances.
It also applies to all quarry activities, namely reconnaissance, development, exploitation, processing, enrichment, transport, storage, loading, marketing, rehabilitation and closure of quarry substance exploitation sites.
To better understand the Cameroonian mining system, it should be noted that the natural deposits of mineral substances are classified, according to their legal regime, into mines and quarries. However, the Cameroonian State has exclusive ownership of its natural resources. Indeed, the mineral substances contained in the soil and subsoil of the territory of the Republic of Cameroon, its territorial waters and its continental shelf are the property of the State which exercises sovereign rights there. This is why any action on these riches is subject to the authorization of the State. However, holders of mining titles and other authorizations acquire ownership of the mineral substances they extracted in accordance with the provisions of the law.
Thus, any national or foreign investor who wishes to do business in the mining sector in Cameroon should:
1. Obtain the appropriate mining titles:
– The authorization for artisanal mining; – authorization for semi – mechanized
artisanal mining; – the research permit; the small mine operating permit; industrial mining license.
2. Know the rights and obligations attached to the exercise of mining activities;
3. Know the tax and customs incentives;
4. Master the rules of governance and transparency in the mining sector;
5. Know the land and state regime applicable to mining and quarrying activities
.
6. Fulfill its obligations relating to mining taxation.
7. Know the administrative sanctions and the repression of mining offences
