The Minister of Minerals (the Minister) in Tanzania published the Mining (Technical Support for Primary Mining Licence Holders) Regulations via Government Notice No. 260 of 2025 (the Regulations). The Regulations are issued under section 129 of the Mining Act, Cap. 123 R.E. 2019 (the Act) and aim to operationalise section 8(3) of the Act.
The Regulations provide a framework for the provision of technical support to holders of Primary Mining Licences (PMLs) through structured contractual arrangements with technical facilitators. This is intended to enhance the capacity, efficiency and compliance of small-scale mining operations in Tanzania.
Application
The Regulations introduce a definition of the terms “technical support” and “facilitator”, which are defined as follows:
- Technical support – mining expertise, machinery or various machines, operating methods of machinery, or knowledge of carrying out mining activities not available in Tanzania, provided for the purpose of assisting in the exploration, mining, prospecting, or knowledge of the minerals intended to be mined in a primary mining licence area as specified under section 8(3) of the Act.
- Facilitator – a person, group of persons or company that provides technical assistance to a holder of a primary mining licence in accordance with section 8(3) of the Act.
Key features of the Regulations
- The Resident Mining Officer (RMO) responsibilities
The RMO is responsible for reviewing applications for technical support and conducting due diligence on the PML holder. This includes verifying the existence of any outstanding licence fees, certificates of default, or legal and operational conflicts, particularly where the PML holder is a group or a company. The RMO also assesses the nature and scope of mining activities being carried out under the PML. After conducting this assessment, the RMO submits a detailed audit report to the Executive Secretary of the Mining Commission (the Commission), providing recommendations on whether or not the applicant qualifies for technical support. The RMO also monitors compliance by receiving and reviewing key project documentation, such as mine installation plans, environmental management plans, and corporate social responsibility plans.
- The facilitator’s responsibilities
Facilitators are subject to a wide range of obligations under the Regulations. They are required to provide machinery, technical expertise and operational knowledge to support mineral exploration, mining and processing activities. In accordance with Regulation 7, facilitators, in collaboration with the PML holder, are required to prepare and submit comprehensive mining and environmental impact assessment (EIA) plans. These plans must be submitted for approval either prior to or within the stipulated timeframes following the Commission’s consent to commence mining, specifically, within 90 days for the mining plan and 120 days for the EIA plan.
Facilitators are also required to develop a structured plan for technology and knowledge transfer to the PML holder and their personnel. This plan must align with the requirements of the Mining (Local Content) Regulations, 2018 (as amended), and should aim to enhance the capacity of Tanzanian nationals involved in mining activities. Facilitators are required to appoint a permanent representative who will be responsible for providing timely and accurate information to the relevant authorities whenever requested.
- The PML holder’s responsibilities
The PML holder retains the overarching responsibility for ensuring that operations remain compliant with existing laws and regulations. This includes fulfilling all legal, tax and regulatory obligations related to their PML. The PML holder is required to directly participate in managing exploration and mining activities and cannot delegate these responsibilities entirely to the facilitator. The PML holder must ensure that only Tanzanian citizens are employed in the PML area, except in cases where the technical support requires foreign experts. In cases where other miners operate within the same PML area, the PML holder must enter into formal agreements with them to define roles and responsibilities or to compensate them where necessary. The PML holder is responsible for ensuring that all relevant government royalties, charges and fees are paid in a timely manner.
- Eligibility, approval and termination of technical support agreements
The Regulations set out a formal application process for PML holders seeking to enter into technical support agreements. A PML holder may enter into one agreement covering up to 10 licences, provided the licences are located in the same locality. Before any agreement can be signed or implemented, the licensee must submit a request for technical support to the RMO of the relevant region.
Upon receiving the request, the RMO is required to carry out a full eligibility assessment. This includes verifying whether the PML holder has any outstanding licence fees, unpaid royalties, certificates of default or unresolved disputes with third parties. The RMO also assesses whether the licence is held by a group or company and, if so, whether there are any internal constitutional, legal or operational conflicts that could affect the implementation of the proposed agreement. In addition, the RMO must review the current operational status of the mining area and confirm the absence of overlapping obligations or prior engagements with other facilitators. Where there are multiple miners operating within the licenced area, the RMO will review any agreements entered into between the PML holder and those miners to confirm operational clarity.
Following this assessment, the RMO must submit an audit report to the Executive Secretary of the Commission. The report includes factual findings and a recommendation on whether or not the applicant qualifies for technical support. Only upon receiving a favourable report from the RMO and a decision from the Commission will the licensee and facilitator be permitted to proceed with the execution and registration of the technical support agreement.
Once executed, all technical support agreements must be submitted to the Commission for approval and registration. If approved, the technical support agreement will be valid for an initial period not exceeding three years, renewable for subsequent terms provided the total duration does not exceed 12 years. Agreements must be in either Swahili or English and must set out clearly the benefit-sharing formula between the PML holder and the facilitator. Regulation 9 prescribes that the PML holder must receive not less than 30% of the gross profit generated from the mining activities, net of all government royalties and charges and regardless of the project operating costs incurred by the facilitator. Furthermore, as per Regulation 9(b) if the licensee and the promoter decide to merge the licences for which technical assistance has been requested with a view to obtaining a central mining licence, they shall agree to transfer the licence to the promoter company or establish a joint venture company so that they can jointly own the central mining licence and agree on the procedure for sharing the project benefits through that licence.
The Commission retains discretion to refuse registration of any agreement that does not comply with the requirements set under the Regulations. Where such refusal occurs, the applicant must be notified in writing and given reasons for the decision. In such cases, the applicant may resubmit a revised version of the agreement for further review.
- Dispute resolution
Regulation 20 provides that in the event of a dispute between the PML holder and the facilitator regarding the implementation of the technical support agreement, the parties are required to first resolve the dispute through good faith negotiations. If these negotiations fail, the dissatisfied party has the right to submit the dispute to relevant authority for resolution.
Non-compliance with the Regulations is an offence punishable in line with the Act. The prescribed penalties under section 63 of the Act include the suspension or cancellation of a licence.
