Article 30 – II: Content and evaluation of the application for the grant of an Operating Permit

The application for an Industrial or Semi-industrial Mining Operation Permit must be accompanied by supporting documentation, the details of which are set out in the mining regulation sand must include, inter alia, each of the following:

  • a copy of the valid Exploration Permit and proof of payment of all taxes and royalties due;
  • the report on the exploration results regarding the nature, quality, volume and geographic location of the mineral resource identified;
  • a plan in respect of the first or second surrender, as applicable, accompanied by the results of the exploration work and corresponding to half of the previous area;
  • a feasibility study including a plan for the development and operation of the Deposit, including, inter alia:
    • Detailed Environmental and Social Impact Study accompanied by a Social and Environmental Management Plan including an Emergency Plan,; a Risk Management Plan,; a Hygiene, Health and Safety Plan,; a Rehabilitation Plan,; a Resettlement Plan for the Population affected by the project and the measures to mitigate negative impacts and optimize positive impacts;
    • an economic and financial analysis of the project and the plan for obtaining the requisite Permits and authorisations;
    • plans and estimates for industrial infrastructures;
    • a plan for supporting Guinean companies in creating and/or reinforcing the capacities of SMEs/SMIs or companies owned or controlled by Guinean nationals for the provision of goods and services generally used for their activities, as well as a plan to promote the employment of Guinean nationals, the minimum number of whom must conform to the quotas set out in this Code;
  • a detailed schedule of the work to be done;
  • a community development plan annexed to the Local Development Agreement covering among others, aspects of training, medical, social, educational, roads, water supply, and electricity infrastructures (the Local Development Agreement will be signed upon delivery of the Title); and
  • an architectural plan of the company’s headquarters with an application for land allocation made to the competent Administration (the head office must be constructed within a maximum period of three years from the date an Operating Permit for iron ore, bauxite, gold and diamond is granted).

For Semi-industrial Mining Operation Permit holders, the obligations in respect of the environment and community development plan will be specified in the decree granting the Permit.

The MPDC is responsible for reviewing the application and land evaluation.

The technical and environmental evaluation as well as related opinions falls within the jurisdiction of the National Mining Authority and the Ministry in charge of the Environment, in association with the Technical Committee of Titles and the National Mining Commission.

The decision to grant or reject a Mining Title, as well as the notification and publication of the same, are subject to the provisions of this Code and fall under the jurisdiction of the Minister.