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Madagascar

Legislation

  • Mining Code 1999 (amended 2005)
  • Mining Regulations 2006
  • Mining EIA Regulations 2000

Regulatory Risk Rating

Low
Regulatory Risk

Regulatory Corruption Risk

Very Low
Regulatory Corruption Risk

Corruption Exposure Risk

Low
Corruption Exposure Risk
Regulatory Risk Rating Factors Risk Level
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Mineral Coverage Subscribe
Right to Mine Subscribe
Criteria for Mining Rights Subscribe
Tenure Subscribe
Surface Rights Subscribe
Government Take Subscribe
Transfer Rights Subscribe
Change of Control Subscribe
EIA Process Subscribe
Power to Revoke Subscribe
Age of Legislation Subscribe
Other Factors Subscribe

Madagascar’s mining legislation is encouraging from an investor perspective. It shows the wisdom of experienced industry advisors and it seems that the needs of the sector were carefully considered in arriving at one of the better codes on the African continent from the viewpoint of legal risk. There are, however, some obvious weaknesses in the drafting style, as well as the terms of the law, and it is no surprise that environmental, landowner and local community issues have been known to slow projects in the country. On-going talk of legal reform, alongside issues of corruption, transparency and political instability, have hindered investment for many years, a shame given the quality of the underlying legal framework which, if taken in isolation, provides a strong basis for investment.

Contents

Legislation

  • Mining Code 1999 (amended 2005)
  • Mining Regulations 2006
  • Mining EIA Regulations 2000

Regulatory Risk Rating

Low
Regulatory Risk

Regulatory Corruption Risk

Very Low
Regulatory Corruption Risk

Corruption Exposure Risk

Low
Corruption Exposure Risk
Regulatory Risk Rating Factors Risk Level
First Come / First Serve Subscribe
Application Criteria Subscribe
Duration Subscribe
Right to Renew Subscribe
Competing Licences Subscribe
Mineral Coverage Subscribe
Right to Mine Subscribe
Criteria for Mining Rights Subscribe
Tenure Subscribe
Surface Rights Subscribe
Government Take Subscribe
Transfer Rights Subscribe
Change of Control Subscribe
EIA Process Subscribe
Power to Revoke Subscribe
Age of Legislation Subscribe
Other Factors Subscribe

Overview

The political situation in Madagascar has remained unstable in recent decades, with coups d’état and uprisings that have impacted the potential of the country’s mining industry – which still remains relatively small, given its resource potential. Madagascar is gifted with a number of natural resources including nickel, graphite, chromite, bauxite, titanium, salt, quartz, cobalt, iron, coal, gold, uranium and ilmenite. Gemstone mining also contributes to Madagascar’s economy and there is considerable ASM activity in gold mining, though this has not been without issues – especially in terms of illegal activity and environmental damage. Growth has been predicted for the industrial mining sector, which amounts to a relatively small portion of GDP according to the World Bank, however on-going talk of legal reform, alongside issues of corruption, transparency and political instability continue to hinder potential investment in the country.

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