How to get Mining Lease in Nigeria

A mining lease confers an exclusive right to occupy and carry out mineral exploration and exploitation within the lease area.

Gone are the days you are required to take long trips to the Mining Cadastre Office in order to get or renew your mining lease. With the recently launched E-mining Cadastre website, you can perfect transactions from anywhere around the world.

Sections 50, 65, and 66 of the Nigerian Minerals and Mining Act, 2007 and the Nigerian Minerals and Mining Regulations, 2011 empowers The Mining Cadastre Office upon receipt of a valid application to 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.

Pre grant requirements for a mining lease includes:

1. Duly completed application forms
2. Feasibility Report (with COMEG seal and signature)
3. Prospecting plan/reserve estimation
4. Mine Plan/Design
5. Extant Exploration license
6. Evidence of financial capability with sufficient working capital
7. Evidence of technical competence duly registered with Council of Mining Engineers and Geoscientist (COMEG)
8. Irrevocable consent from land owner(s)/ land occupier(s) with sworn affidavit in support
9. Attestation of non-conviction of criminal offences under the Act
10. Evidence of payment of processing fees
11. Certified true copy of Certificate of Incorporation including other incorporation documents
12. Mineral(s) to be exploited
13. Area specified to be surveyed in accordance with provisions of Survey Co-ordination Act. (Survey plan to be submitted)
14. Notice to landowner(s)/land occupier (private or state land) with a response on rate to be paid
15. Current Tax Clearance Certificate

Pre-Development conditions also known as Post grant requirements are as follows:

1. Environmental Impact Assessment
2. Community Development Agreement
3. Compensation
4. Mine Closure plan/Rehabilitation plan
5. Reports from relevant Ministries, Department and Agencies/ Mineral Resources and Environmental Management Committee (MIREMCO).

It is worthy of note that incomplete or wrongly completed application is rejected without refund of processing fee which is why it is very important to be meticulous with the application process.

You can contact us for more on how to get your mining lease.

Written by Rafat Damilola Olatunde