Guidelines For Mineral Titles Application

NIGERIA MINING CADASTRE OFFICE

MINING CADASTRE OFFICE

GUIDELINE FOR MINERAL TITLE APPLICATION

Contact: Nigeria Mining Cadastre Office No. 37 Lobito Crescent, Wuse II, Abuja Phone: +234 8164101937, Email:[email protected] Website: www.miningcadastre.gov.ng

1.

INTRODUCTION

The Nigeria Mining Cadastre Office has exclusive responsibility to administer mineral titles in accordance with the following statutory guidelines: i. Consider applications for mineral titles and permits, issue, suspend and upon written approval of the Minister, revoke any mineral title; ii. Receive and dispose of applica-tions for the transfer, renewal, modification, relinquishment of extension of areas; iii. Maintain a chronological record of all applications for mineral titles in a Priority Register which is to be specifically used to ascertain the priority and registration of applications for exclusive rights or vacant areas; mineral titles or

iv.

Maintain a general register which is to be used for all other types of applications where registration of the priority is not required;

v.

U n d e r t a ke

s u ch

other

a c t iv i t i e s responsib-

reasonably necessary for the purpose of carrying out its duties and ilities under the provisions of the Nigerian Minerals and Mining Act, 2007.

2.

TYPES OF MINERAL TITLES

In line with section 46 of the Nigerian Minerals and Mining Act, 2007, the right to search for, or exploit minerals in Nigeria, is governed by one of the following mineral titles: ? Reconnaissance Permit ? Exploration Licence ? Small Scale Mining Lease

Mining Lease ? ? Quarry Lease ? Water Use Permit

2.1

Reconnaissance Permit (Section 47, 57 and 58 of NMMA, 2007)

The Mining Cadastre Office, shall within 30 days of the receipt of application of any qualified applicant and upon the payment of prescribed fees, grant and issue the a

Reconnaissance Permit to search for minerals. The permit enables the holder to carry out reconnaissance on non-exclusive basis. The holder of a Reconnaissance Permit is not to engage in drilling, excavation or other sub-surface techniques, and must conduct activities in an environmentally and socially responsible manner and compensate for any damage to crops or

property in the course of prospecting. The permit is issued for one year and it is not transferable, but renewable annually as further spelt out in sections 57 and 58 of the Nigeria Minerals and Mining Act, 2007 and the Mining Regulation 2011.

2.2

Exploration Licence (Section 48 and 59 of NMMA, 2007)

The Nigeria Mining Cadastre Office, on receipt of a valid application, is obliged by the law to grant and issue an Exploration Licence within 30 days. A licence will not be granted over any land that is subject of an existing Exploration Licence, Mining Lease, Small Scale Mining Lease, Quarry Lease or closed to prospecting/mining activity (e.g. forest reser ves, military areas, g ov e r n m e n t

development areas, national heritage area etc).

The duration of an Exploration Licence is three (3) years, provided that title holder has complied with minimum work commitment/programme and all other legal requirements. The area of land covered by an Exploration Licence shall not exceed 200Km2 i.e. 930 CUs.

2.3

Small Scale Mining Lease (Section 49 of NMMA, 2007)

The Mining Cadastre Office, on receipt of a valid application, grant and issue a Small Scale Mining Lease (SSML) within 45 days. A SSML shall not be granted in respect of any area within an

exploration licence area, mining lease area or quarry lease area to any person except the holder of an exploration licence, quarry lease or mining lease covering the area. The duration of a SSML is five (5) years and is renewable for further periods

of five years provided that the minimum work obligations have been met. The area of land for a SSML shall not exceed 3Km2. When the level of operations of a Small Scale Mining Lease exceeds any of the criteria established in definition of SSML, the holder shall convert such a lease into mining lease by submitting a written application to the MCO.

2.4

Mining Lease (Section 50 of the NMMA, 2007)

The Mining Cadastre Office, on receipt of a valid application, grant and issue a Mining Lease within 45 days of the application. The duration of a Mining Lease is 25 years, renewable every 20 years, provided that the holder has complied with minimum work commitments and that all other legal and regulatory requirements have been met.

The lease area shall be determined in relation to the ore body as defined in the feasibility study, in addition to an area reasonably required for the working of the deposit, not exceeding 50Km2 (245 CUs). 2.5 Quarry Lease (Section 51 of the NMMA, 2007) All operations for the extraction of construction materials are to be carried out under a Quarry Lease. On receipt of a valid application, the Mining Cadastre Office shall grant a Quarry Lease to the applicant within 45 days. The duration of a Quarry Lease shall not exceed five (5) years and may be renewed every five years as required, provided the renewal application is made within three (3) months before the expiration of the lease. The area of land shall not exceed 5Km2. (25 CUs).

2.6

Water Use Permit (Section 52 of the NMMA, 2007)

The area of land in respect of which any water use permit (WUP) is granted shall not exceed the area reasonably required for the purpose of the permit as defined in the regulation. A WUP will remain in force as long as the mining lease, SSML, or quarry lease for which the water use permit was granted remains valid.

3.0.

REQUIREMENTS FOR APPLICATION

FOR MINERAL TITLES The requirements for application for various mineral titles are as stated below:

3.1

Mining Leases

(a) Pre grant conditions * Duly completed application forms

* * * * * *

Pre-Feasibility Report Prospecting plan/reserve estimation Valid exploration licence Evidence of financial capability Evidence of technical competence Consent from land owners/land occupiers.

Attestation of

non conviction of

criminal offences under the Act. * Evidence of payment of appropriate fees and rents. * Certified true copy of certificate of incorporation. * Mineral/s to be exploited (section 64). * Area specified to be surveyed in accordance with provisions of Survey Co-ordination Act (section 79).

Notice to land owner (private or state land) with a response on rate to be paid, (section 102).

(b)

Pre-Development conditions (Postgrant) * EIA-Environmental Impact Ass-

essment - (section 119) * C DA - C o m m u n i t y D e ve l o p m e n t

Agreement - (section 116) * * Compensation -(section 107) Closure plans/Rehabilitation plan (section 61) * 3.2 a) Reports from state bodies/ MIREMCO

Quarry Leases/Small Scale Mining Leases Pre grant conditions * Duly completed application forms

* *

Pre-Feasibility Report Evidence of Financial capabilities (section 54 of the NMMA)

Evidence of Technical capabilities (CV of Technical Person(s) (Section 54 of the NMMA)

Consent from land owners/land occupiers-(section 100 of the NMMA)

Attestation of

no conviction of

criminal offences under the Act (section 53 of the NMMA) * Certified true copy of certificate of incorporation * * Evidence of payment of fees and rents Area specified to be surveyed in accordance with provisions of Survey * Coordination Act - (section 79 of the NMMA)

Notice to land owner (private or state land) with a response on rate to be paid - (section 102 of the NMMA)

Mineral/s to be exploited - (section 64 of the NMMA)

(b)

Pre-Development conditions (Post Grant) * EIA-Environmental Impact Ass-

essment - (section 119) * C DA - C o m m u n i t y D e ve l o p m e n t

Agreement - (section 116) * * Compensation (section 107) Submit closure plan/rehabilitation plan - (section 61) * Reports from state bodies/ MIREMCO

3.3 (a)

Exploration Licence Pre-grant conditions

* *

Duly completed application forms Minimum work programme (Detailed)

Evidence of

financial capabilities

(section 54 of the NMMA) * Evidence of technical competence (section 54 of the NMMA) * Consent from land owners/land occupiers-(section 100 of the NMMA) * Attestation of non conviction of

criminal offences under the Act * Certified true copy of certificate of incorporation * * Evidence of payment of fees and rents Minerals to be explored (section 64 of the NMMA) (b) Pre-Development conditions (Post grant) * EIA-Environmental Impact Ass-

essment (section 119 of the NMMA)

* * * 3.4 (a)

Compensation Closure plan/rehabilitation plan Reports from state bodies/ MIREMCO

Reconnaissance Permit Pre grant conditions * * * * * * Duly completed application forms Description of the work area and the activities to be carried out Attestation of non conviction of criminal offences under the Act Receipt of payment of the application fee Evidence of technical competence (section 54 of the NMMA) Evidence of financial capability (section 54 of the NMMA)

(b)

Pre-Development conditions Post-grant Compensation Section 56

3.5

Water Use Permit (a) Pre-grant conditions * * * Duly completed application forms Copy of mining title granted Description of area and water use plan * Agreement with all persons likely to be adversely affected by the grant of the permit * Receipt of payment of the application fee.

4.0
TYPES OF LICENCE MAXIMUM SIZE Non-Exclusive
2

SUMMARY OF INFORMATION ON TITLES

S/NO

Reconnaissance Permit (RP) Exploration Licence

MAXIMU NUMBER OF CADASTRAL UNITS (CUs) Non-Exclusive 1 YEAR (Renewable annually)

200Km

930 (20 Ha)

Small Scale Mining Lease (SSML)

3Km

25 (500 Ha)

3 YEAR (Renewable twice for 2 year each) 5 YEAR (Alluvial) Renewable for further period of 5 years.

Not later than 30 DAYS of filling application. Not later than 30 DAYS of filling application. Not later than 45 DAYS of filling application.

Mining Lease (ML)

50Km

250 (5,000 Ha)

25 YEAR (Renewable every 20 years)

Not later than 45 DAYS of filling application.

Quarry Lease (QLS)

5Km

25 (500 Ha)

5 YEAR (Renewable as often as required)

Not later than 45 DAYS of filling application.

Water Use Permit (WUP)

Same with the direction of Lease

5.0

SHAPES OF LICENSES AND LEASE

In accordance with the Mining Regulations 2011, applications for exclusive licence and leases must be submitted in conformity with the allowed geometric shapes of polygons, and must be regular and parallel to coordinates system used in national topographic maps. The polygons should have a minimum dimension which is called a CADASTRAL UNIT (also simply referred to as SQUARE). A license polygon should always be made up of a certain number of Cadastral Units (CU) or squares. Consequently, the dimensions of the sides of any polygon corresponding to the license area will always be multiples of the size of the Cadastral Unit. The CUs must be adjoining by the sides not the edges (i.e. placed side by side to each other). The polygons cannot also be floating or placed anywhere. They must be located coherently with pre-defined and standardized grid.

For Nigeria, the cadastral topographic maps of 1:50,000 scale are divided by a grid of 15 seconds by 15 seconds (15 x 15), using the Geographic Coordinate System (latitude/longitude: degree/ minute /seconds). The average area of one CU (square) of 15 x 15 is roughly 20 Hectares. That means a polygon of one minute by one minute (1'x1') will have 16 CUs (squares) with area of about 300 Hectares (or 3 Km2). The coordinate values limiting the licence polygons can be obtained by direct readings from the cadastral maps (topo-sheets of 1:50,000 scale), or by readings from the field using the Global Positioning System (GPS) with the correct settings (i.e. Longitude/Latitude, WGS 84 Minna Datum).

Applicants are required to submit their applications for licenses together with coordinates of either the corners of the entire polygons or CUs applied for or of the centre of the CUs. The coordinates will therefore have an incremental rate of 15 seconds (15) on both the x and y axes of the polygons. There is also the need to submit survey plans for lease applications. The Mining Cadastre Office will generate the license plans upon acceptance of the application.

Example of licence polygons.

Polygons with ? are not acceptable for application as one license area. 1 1 1 5 4 3 3 8 8 8 8 3 4 4 ? 4 4 4 6 7 5 1 1 5 5 9 9 7 7 7 7 7 1 1 2 2 2 9 ? ? ? ? 1 1 ? ? 9 ? ? ? ? ? ?

6.0

LICENSE/PERMIT

A P P L I C AT I O N

PROCEDURES Application forms can be obtained from the Mining Cadastre Offices or downloaded from the agency's website: www.miningcadastre.gov.ng. * Submit completed application form (in 3 copies) along with the necessary documents (as specified in the application form) and processing fees to the MCO in line with the provision of the Nigeria Minerals and Mining Act, 2007 * Submitted application shall be assigned with an identifying code and registered with date, hour and minute in the priority register dully signed and a copy to be given to the applicant as application certificate. * Incomplete or wrongly completed application shall be rejected without refund of application fee. * W h e re applications re q u i re minor amendments, the applicant shall be duly

informed to effect the necessary corrections within a period of 5 working days; and if no response within the specified period, the application shall be rejected without any refund. * * After registration, the MCO shall provisionally plot the perimeter on the cadastral maps. If granted a license/permit, the applicant shall be informed and be given 2 weeks within which to pay the Annual Service Fee (see fee table) and collect the license/permit. * If the applicant does not collect the the license shall be license/permit within fifteen days of notification, automatically cancelled, while provisional plotting be deleted from the cadastral maps and shall be sanctioned from applying for the same area or portion of it during the next three months

7.0

FEES N K

1. APPLICATION PROCESSING FEE a) Reconnaissance Permit b) Exploration Licence c) Small Scale Mining Lease d) Mining Lease e) Quarry Lease f) Water Use Permit 10,000 20,000 10,000 50,000 20,000 10,000

2. ANNUAL SERVICE FEE (PER CADASTRE UNIT) a) Reconnaissance Permit b) Exploration Licence c) Small Scale Mining Lease d) Mining Lease e) Quarry Lease f) Water Use Permit FREE 2,000 10,000 25,000 20,000 10,000

3. PROCESSING OF RENEWAL APPLICATION N a) Reconnaissance Permit b) Exploration Licence c) Small Scale Mining Lease d) Mining Lease e) Quarry Lease f) Water Use Permit 10,000 30,000 30,000 250,000 50,000 20,000 K

4. PENALTY FOR LATE RENEWAL APPLICATION a) Reconnaissance Permit b) Exploration Licence c) Small Scale Mining Lease d) Mining Lease e) Quarry Lease 5. A P P L I C AT I O N FOR 10,000 100,000 100,000 100,000 100,000 ENLARGEMENT 40,000 40,000 40,000 40,000

(PROCESSING) a) Exploration Licence b) Small Scale Mining Lease c) Mining Lease d) Quarry Lease

N K 6. APPLICATION FOR RELINQUISHMENT a) Small Scale Mining Lease 10,000 b) Mining Lease 10,000 c) Quarry Lease 10,000 d) Exploration Licence 10,000 7. APPLICATION FOR TRANSFER a) Exploration Licence b) Small Scale Mining Lease c) Mining Lease d) Quarry Lease 8. APPLICATION FOR SURRENDER a) Exploration Licence b) Small Scale Mining Lease c) Mining Lease d) Quarry Lease

100,000 50,000 250,000 100,000

10,000 10,000 10,000 10,000

9. APPLICATION FOR CONSOLIDATION a) Exploration Licence 20,000 b) Small Scale Mining Lease 20,000 b) Mining Lease 50,000 c) Quarry Lease 50,000

10. APPLICATION TO ENDORSE ADDITIONAL MINERAL a) Exploration Licence N20,000 b) Small Scale Mining Lease N10,000 b) Mining Lease N50,000 c) Quarry Lease N10,000 11. APPLICATION FOR CERTIFIED TRUE COPY OF LOST CERTIFICATE N10,000 12. APPLICATION FOR AMENDMENT OF DOCUMENTS N5,000 13. SEARCH FEE/DUE DILIGENCE N50,000

14. C A DA S T R E M A P I N F O R M AT I O N APPLICATION FOR CERTIFIED TRUE COPY OF OTHER DOCUMENTS OTHER THAN TITLE DOCUMENTS N2,000 NB. All Fees and Payments in the Schedule are Non Refundable

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