MPs trained on distinction between Land and Mineral Rights

By The Respondents Reporter

Members of Parliament serving on the Parliamentary Standing Committee on Energy and Minerals have received special training aimed at strengthening their understanding of the legal and operational framework governing Tanzania’s mining sector.

The training, held at the Tanzanite Hall within the Mining Commission headquarters in Dodoma, focused on improving lawmakers’ understanding of laws, regulations and procedures in the sector, with special emphasis on the difference between land rights and mineral rights.

Speaking during the session, the Minister for Minerals, Anthony Mavunde, said land ownership and mineral rights are legally separate, stressing that holding a mining licence does not automatically grant the right to begin mining activities.

He explained that although mining licences may be issued over any area, actual mining can only begin after the licence holder reaches an agreement with the landowner. 

However, in cases where agreement cannot be reached, the Minister has legal authority to approve mining activities in line with the law.

Chairperson of the Committee, Subira Mgalu, commended the Ministry of Minerals for conducting the training, saying it has significantly improved MPs’ understanding and strengthened their capacity to oversee the sector more effectively.

A detailed presentation was delivered by Dr Arnold Gisase, Director of Legal Services at the Ministry of Minerals, who explained that mineral rights and land rights are independent. 

He said a person can hold mineral rights without owning land, while land ownership alone does not allow mining activities without a valid licence.

Dr Gisase noted several challenges affecting the sector, including low public awareness of legal rights and responsibilities, misunderstandings on valuation and compensation processes, delays in compensation payments, and disputes where some landowners claim ownership rights over mining licences.

From the Ministry of Lands, Housing and Human Settlements Development, legal expert Method Akilimali emphasized that compensation must be fully paid before any mining exploration or extraction begins. 

He further said the law requires mining licence holders to restore land to its original condition after completing mining activities.

He also clarified that all land in Tanzania belongs to the public and is held by the President in trust on behalf of citizens. 

He added that compensation must be paid within six months, and delays attract interest. If more than two years pass after valuation, the assessment becomes invalid.

On licensing structure, Mining Commission Executive Secretary, Engineer Ramadhani Lwamo, explained that there are three main categories of licences: prospecting, small-scale mining, and large- and medium-scale mining licences. 

He noted that small-scale mining licences are reserved for Tanzanian citizens aged 18 years and above, while other categories are open to both citizens and foreign investors.

He added that the government has introduced an online licensing system that allows applicants to apply for mining licences without visiting Mining Commission offices, improving efficiency and transparency.

The training is part of ongoing efforts to strengthen parliamentary oversight and ensure lawmakers have a clear and practical understanding of the mining sector to support better decision-making for national development.

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