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Minerals Law of Afghanistan - Official Gazette No. 859, published 2005/08/11 (1384/05/20 A.P.)

In the name of Almighty Allah,
the beneficent and merciful

 

 

 

Minerals Law of Afghanistan

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Table of contents

Chapter One. 5

General Provisions. 5

Article one: the basis. 5

Article two: Management of Minerals. 5

Article three: Definitions. 5

Article four: Ownership of Minerals. 10

Article five: Administration of mineral activities: 11

CHAPTE Two. 11

Duties and Authorities. 11

Article six: The duties and responsibilities of the Ministry of Mines and Industries. 12

Article seven: inter-ministerial committee: 13

Article Eight: Mining Cadastre. 13

Article Nine:         The Mining Inspectorate. 14

Article ten: Environmental Protection Department 14

Article eleven:       The Geological Survey. 15

Chapter three:. 16

Classification of Mineral Deposits,, Prohibited Areas and Restricted Substances. 16

Article twelve:       Classification of Mineral Deposits. 16

Article thirteen: Prohibited Areas. 17

Article fourteen: Restricted Substances. 17

Chapter four. 18

Mineral Rights. 18

Article fifteen:  Types of Mining Rights. 18

Article sixteen: Eligibility to obtain Mineral Rights. 19

Article seventeen: Public Tender 20

Article Eighteen: Mining Contracts. 20

Article nineteen: Mining Perimeters. 21

Article twenty: Overlap of Perimeters. 21

Article twenty one: Extension of Perimeters. 22

Article twenty two: Renewal 22

Article twenty three:       Assignments, Transfers, Lease, and Pledge. 23

Article twenty four: Relinquishment 24

Article twenty five: Withdrawal and Termination of Mineral Rights. 25

Article twenty six: distribution of Exploration Licenses. 27

Article twenty seven:       Rights of Holders of Exploration Licenses. 27

Article twenty eight: Duration of validity. 28

Article twenty nine: Surface Area. 28

Article thirty:         Obligations of Holders of Exploration Licenses. 29

Article thirty one: Use of Products. 30

Article thirty two: Distribution of Exploitation Licenses. 30

Article thirty three: Investigation of Mineral Rights provided for in the License. 31

Article thirty four: Rights of Holders of Exploitation Licenses. 31

Article thirty five: Extent of the Exploitation License. 32

Article thirty six: Duration of the Exploitation License. 32

Article thirty seven: Surface Area. 33

Article thirty eight: Obligations of Holders of Exploitation Licenses. 33

Article thirty nine: Small-Scale Mining Deposit 34

Article forty: Authorizations for Quarry Exploration. 34

Article forty one: Rights of Holders of Authorizations for Quarry Exploration. 35

Article forty two: Duration. 36

Article forty three: Surface Area. 36

Article forty four: Obligations of Holders of Authorizations for Quarry Exploration. 36

Article forty five: Use of Products. 37

Article forty six: Authorizations for Quarry Exploitation. 37

Article forty seven: Rights of Holders of Authorizations for Quarry Exploitation. 38

Article forty eight: Duration of the Authorization for Quarry Exploitation. 39

Article forty nine: Surface Area and Demarcation. 39

Article fifty: Obligations of Holders of Authorizations for Quarry Exploitation. 40

Article fifty one: Exploitation of Tailings and Artificial Deposits. 40

Article fifty two: Artisanal Exploitation. 41

Article fifty three: Rights of Holders of Authorizations for Artisanal Exploitation. 42

Article fifty four: Surface Area for Artisanal Exploitation. 42

Article fifty five: Obligations of the Holder of the Authorization for Artisanal Exploitation. 43

Article fifty six: Withdrawal of the Authorization for Artisanal Exploitation. 44

Article fifty seven: Organization of training courses in Artisanal Exploitation techniques. 44

CHAPTER five. 44

Other Mineral Activities. 44

Article fifty eight: Authorization for construction of infrastructure. 45

Article fifty nine: Processing or Transformation of Mineral Substances. 45

Article sixty: Transportation and Storage of Products deriving from Mineral Rights. 45

Article sixty one: Sale of Minerals and Mineral Substances. 46

Article sixty two: Declaration of Other Mineral Activities. 46

Article sixty three: Maintaining of Capacity for Mining Industry. 47

Article sixty four: Payment of Surface Rights Fees. 47

Article sixty five: Reporting. 47

Article sixty six: Inspections. 47

Article sixty seven: Occupation of Land. 47

Article sixty eight: Nationalization for public interest 48

Article sixty nine: Liability of Holders of Mineral Rights to Occupants of Land. 49

CHAPTER six. 49

Relations between Holders of Mineral Rights. 49

Article seventy: Adjacent or Neighboring Mines or Quarries. 49

Article seventy one: Barriers. 49

Article seventy two: Damage to Adjacent or Neighboring Mines