GUIDELINES
ON MINERAL TITLES APPLICATION BY THE NIGERIAN MINING CADASTRAL OFFICEs
1.
Introduction
The
Nigeria Mining Cadastre Office was established in 2007 with the responsibility
of Administration and Management of Mineral Titles in Nigeria in accordance with
section 5 (1) of the Nigerian Minerals and Mining Act, 2007. The Mining Cadastre
Office shall in addition to any other functions prescribed by or under the
Nigerian Minerals and Mining Act, 2007, perform the following:
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 applications for
the transfer, renewal, modification, relinquishment of mineral titles or
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
free areas.
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.
Undertake such other activities
reasonably necessary for the purpose of carrying out its duties and
responsibilities under the provisions of the Nigerian Minerals and Mining Act.
2007 and the Nigerian Minerals and Mining Regulations, 2011.
2.
TYPES
OF MINERAL TITLES
In line with section 46 of the
Nigerian Minerals and Mining Act, 2007 and the Nigerian Minerals and Mining
Regulations, 2011, 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
(Section 47, 57 and 58
of Nigerian Minerals and Mining Act, 2007 and the Nigerian Minerals and Mining
Regulations, 2011. The Mining Cadastre Office shall within 30 days of the
receipt of application from any qualified applicant and upon the payment of the
prescribed fees, grant and issue a
Reconnaissance Permit to search for minerals.
The permit enables the
holder to carry out reconnaissance on a 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.
(Section
48 and 59 of Nigerian Minerals and Mining Act, 2007 and the Nigeria Minerals
and Mining Regulations, 2011. The Nigeria Mining Cadastre Office, on receipt of
a valid application, is obliged by law to grant and issue an Exploration
Licence within 30days.
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 reserves, military areas,
government development areas, national heritage area etc). The duration of an
Exploration Licence is three (3) years, and renewable for a further period of 2
terms two years each, provided that the 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.1000
CUs.
2.3 Mining Lease
(Section
50, 65 and 66 of the Nigeria Minerals and Mining Act, 2007 and the Nigerian
Minerals and Mining Regulations, 2011. The Mining Cadastre Office, on receipt
of a valid application, shall grant and issue a Mining Lease within 45 days of
the application. The duration of a Mining Lease is 25 years, renewable every 24
years, provided that the holder has complied with minimum work programme and
all other legal and regulatory requirements. 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
i.e. 250 CUs).
(Section
51 and 77 of the Nigerian Minerals and Mining Act, 2007 and the Nigerian
Minerals and Mining Regulations, 2011. The Mining Cadastre Office, on receipt
of a valid application, shall grant and issue to the applicant a Quarry Lease
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. (25CUs).
(Section
49 of Nigeria Minerals and Mining Act, 2007 and the Nigerian Minerals and
Mining Regulations, 2011. The Mining Cadastre Office, on receipt of a valid
application, shall grant and issue a Small Scale Mining Lease (SSML) within 45
days. An SSML shall not be granted in respect of any area with an exploration licence,
mining lease or quarry lease to any person except the holder of an exploration
licence, quarry lease or mining lease covering the area. The duration of an
SSML is five (5) years and is renewable for further periods of five years
provided that the minimum work obligations have been fulfilled. The area of
land for an 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 a mining lease
by submitting a written application to the MCO.
(Section
52 of the Nigeria Minerals and Mining Act, 2007 and the Nigerian Minerals and
Mining Regulations, 2011. 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. The Permit is issued only for mineral title
purposes.
The requirements for application for
various mineral titles are as stated below:
(a) Pre
- grant conditions
·
Duly completed application forms
·
Pre-Feasibility Report (with COMEG seal
and signature)
·
Prospecting plan / reserve estimation
·
Extant Exploration licence
·
Evidence
of financial capability
·
Evidence of technical competence
·
Irrevocable consent from land
owner(s)/land occupier(s).
·
Attestation of non conviction of criminal
offences under the Act.
·
Evidence of payment of processing fee
·
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). (Survey plan to be submitted)
·
Notice to land owner(s) (private or
state land) with a response on rate to be paid, (section 102).
(b) Pre-Development conditions
(post-grant)
·
Environmental Impact Assessment (EIA) -
(section 119)
·
Community Development Agreement (CDA)
- (section 116) A copy to be
Submitted to MCO and all relevant departments in the Ministry
·
Compensation -(section 107)
·
Mine Closure plan/Rehabilitation plan -
(section 61)
·
Reports from state bodies/ MIREMCO
3.2 Quarry
Lease/Small Scale Mining Lease
(a) Pre-grant conditions
·
Duly completed application forms
·
Pre-Feasibility Report (with COMEG seal
& signature)
·
Evidence of Financial capabilities -
(section 54 of the NMMA)
·
Evidence Technical competence Person(s) (Section 54 of the NMMA, 2007)
·
Irrevocable Consent from land
owner(s)/land Occupier(s)-(section 100 of the NMMA, 2007)
·
Attestation of no conviction of criminal
offence under the Act (section 53 of the NMMA, 2007)
·
Certified True Copy of Certificate of
Incorporation
·
Evidence of payment of processing fees
·
Indicate Minerals to be Exploited
·
Area specified to be surveyed in
accordance with Coordination Act (section 79 of the NMMA, 2007) (Survey plan to
be submitted)
·
Notice to land owner(s) (private or
state land) with a response on rate to be paid (section 102 of the NMMA).
(b) Pre-Development conditions (Post - Grant)
·
Environmental Impact Assessment (EIA)-
(section 119)
·
Community Development Agreement (CDA)-(section
116)
·
Compensation-(section 107)
·
Submit Mine closure plan/rehabilitation plan
- (section 61)
(a) Pre-grant conditions
·
Duly completed application forms
·
Minimum work programme (Detailed) (with
COMEG stamp signature)
·
Evidence of financial capability
(section 54 of the NMMA, 2007)
·
Evidence of technical competence person (section 54 of the NMMA, 2007)
·
Irrevocable
Consent from land owners/ land occupiers- (section 100 of
the NMMA, 2007).
·
Attestation of non conviction of
criminal offences under the Act.
·
Certified true copy of certificate of
incorporation.
·
Evidence of payment of processing fees
and rents
(b) Pre-Development conditions (Post grant)
·
Environmental Impact Assessment (EIA)
(section 119 of the NMMA, 2007)
·
Compensation
·
Closure plan/rehabilitation plan
3.4 Reconnaissance Permit
(a)
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 processing fee
·
Evidence of technical competence
(section 54 of the NMMA, 2007)
·
Evidence of financial capability
(section 54 of the NMMA, 2007)
SUMMARY
OF INFORMATION ON MINERAL TITLES
S/NO.
|
TYPE OF LICENCE
|
MAXIMUM SIZE
|
MAXIMUM
NUMBER OF CADASTRAL UNITS (CUs)
|
DURATION
|
PROCESSING TIME
|
1.
|
Reconnaissance
Permit (RP)
|
Non-exclusive
|
Non-exclusive
|
1 year
(renewable annually)
|
Not later than
30 DAYS of filling application
|
2.
|
Exploration Licence
|
200km2
|
1000
(20,000Ha)
|
3 years
(renewable twice for 2 year term each)
|
Not later than
30 DAYS of filling applicable
|
3.
|
Small Scale
Mining Lease (SSML)
|
3km2
|
15 (300 Ha)
|
5 years
renewable every 5 years
|
Not later than
45 DAYS of filling applicable
|
4.
|
Mining Lease
(ML)
|
50km2
|
250 (5,000Ha)
|
25 years
(renewable every 24 years)
|
Not later than
45 DAYS of filling application
|
5.
|
Quarry Lease
(QLS)
|
5km2
|
25 (500 Ha)
|
5 years
(renewable every 5 years)
|
Not later than
45 DAYS of filling application
|
In accordance
with the Nigerian Minerals & Mining Regulations, 2011 (NMMR) 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 (CU), also simply referred
to as SQUARE. A licence polygon should always be made up of a certain number of
Cadastral Units (CUs) or squares. Consequently, the dimensions of the sides of
any polygon corresponding to the licence 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 predefined 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 (l'xl1) 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 licences together with coordinates
(which is a major criteria) 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 axis 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.
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
acknowledgment of the application.
·
Upon the submission and receipt of an
application. For a mineral title, MCO shall notify land owner(s) /occupier(s)
in order to obtain an irrevocable consent to be submitted back to MCO within 7 days
·
Incomplete or wrongly completed
application shall be rejected without refund of processing fee.
·
Where
application requires minor amendments (not
coordinates), 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, the MCO shall input spatial and
non- spatial data of the application into its system.
·
The application is further evaluated and
recommended
·
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) a pre-requisite among other obligation before
collection the license/permit or lease. If the applicant fails to pay the
Annual Service Fees within fourteen (14) days after collection of the
notification of grant, the grant shall automatically be withdrawn.
7.0 FEES
A. APPLICATION
PROCESSING FEE
a)
Reconnaissance Permit 10,000
b)
Exploration Licence 20,000
c)
Small Scale Mining Lease 10,000
d)
Mining Lease 50,000
e)
Quarry Lease 20,000
f)
Water Use Permit 10,000
B. ANNUAL
SERVICE FEE
(PER CADASTRE UN IT)
a)
Reconnaissance Permit FREE
b)
Exploration Licence
1 000 ------------- 1st Three 1st Renewal 2nd
Renewal
Years
1,000 1,500 2,000
c)
Small Scale Mining Lease 10,000
d)
Mining Lease 25,000
e)
Quarry Lease 20,000
f)
Water Use Permit 10,000
C. PROCESSING
OF RENEWAL APPLICATION
a) Reconnaissance Permit 10,000
b) Exploration Licence 30,000
c) Small Scale Mining Lease 30,000
d) Mining Lease 250,000
e) Quarry Lease 50,000
f) Water Use Permit 20,000
D. PENALTY
FOR LATE RENEWAL APPLICATION
(i.e.
before expiry of mineral titles)
a)
Reconnaissance Permit 10,000
b)
Exploration Licence 100,000
c)
Small Scale Mining Lease 100,000
d)
Mining Lease 100,000
e)
Quarry Lease 100,000
E. APPLICATION
FOR ENLARGEMENT (PROCESSING)
a)
Exploration Licence 40,000
b)
Small Scale Mining Lease 40,000
c)
Mining Lease 40,000
d)
Quarry Lease 40,000
E
APPLICATION FOR RELINQUISHMENT
N : K
a)
Small Scale Mining Lease 10,000
b)
Mining Lease 10,000
c)
Quarry Lease 10,000
d)
Exploration Licence 10,000
G. APPLICATION
FOR TRANSFER/ASSIGNMENT
a)
Exploration Licence 100,000
b)
Small Scale Mining Lease 50,000
c)
Mining Lease 250,000
d)
Quarry Lease 100,000
G. APPLICATION
FOR TRANSFER/ASSIGNMENT FEES
a)
Small Scale Mining Lease 100,000
b)
Mining Lease 50,000
c)
Quarry Lease 250,000
d)
Exploration Licence 100,000
H. MINERAL
TITLE TRANSFER/ASSIGNMENT FEES
a)
Exploration Licence 5% of the
Assignment/ Transfer Transaction sum
(b)
Mining and Quarry Leases 5% of the
Assignment/Transfer Transaction sum
(c)
Small Scale Mining Lease 5% of the
Assignment/Transfer Transaction sum
I. APPLICATION
FOR SURRENDER
a)
Exploration Licence 10,000
b)
Small Scale Mining Lease 10,000
c)
Mining Lease 10,000
d)
Quarry Lease 10,000
J.
APPLICATION
FOR CONSOLIDATION
a)
Exploration Licence 20,000
b)
Small Scale Mining Lease 20,000
c)
Mining Lease 50,000
d)
Quarry Lease 50,000
K.
APPLICATION TO ENDORSE ADDITIONAL MINERAL
a) Exploration Licence N20,000
b) Small
Scale Mining Lease N10.000
c) Mining
Lease N50,000
d) Quarry Lease N10,000
L.
APPLICATION
FOR CERTIFIED TRUE COPY OF LOST
CERTIFICATE N10,000
M.
SEARCH
FEE/DUE DILIGENCE N50,000
N.
CADASTRE
MAP INFORMATION
APPLICATION FOR CERTIFIED TRUE COPY OF OTHER
DOCUMENTS OTHER THAN MINERALTITLE DOCUMENTS N2, 000
O.
CADASTRAL
MAP INFORMATION
A4 per page 2,000
A3 per page 3,000
A2/A1 per page 4,000
A0
per page (Black & Write) 10,000
Database
txf per A4 page 1,000
NB1.
All Fees and Payments must be by Certified Bank Draft(s) to the Mining Cadastre
Office (MCO) and non refundable.
3. The
Assignment/Transfer fees shall not be less than the processing fee.
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