Mining Law

RightsEmpower is a leading Law firm with extensive knowledge and experience in Mining Law and Careers in DRC, Africa and around the world. We have demonstrated our footprint by successfully advising and assisting a full range of public and private investors in mining.

Our Lawyers, Experts and Consultants have in-depth knowledge of the mining code and regulations, which enabled them to work closely and effectively with experts from the ministry of mines, the civil society, international organizations, local communities and indigenous people through workshops and conferences on the revision of the mining code in DRC.

In this approach, we have carried out studies, reports and missions to raise awareness on the issues of mining governance in Congo. Our expertise in Mining Law has expanded in the knowledge of the mining laws of African countries and sub-regional.

In our business, we advise mining companies on regulations requirements and legal procedures from prospecting stage to operating permits obtention, environmental and social impact assessment requirements, payment of mining taxes and royalties.

We also provide legal advice on all matters relating to mining, joint ventures and legal requirements regarding the community development plan of local communities.

1/ Prospecting Phase:

We advise mining investors in prospecting phase with legal services such as:

• Advising and providing general information on legal requirements for prospection;
• Advising and assisting in the formalities of reporting the prospection to the competent department;
• Advising on the application and obtention of the Certificate of prospection.

2/ Mining research activities:

RightsEmpower advises in mining research activities including:

• Advising and providing general information on legal requirements for mining research;
• Advising on the application and obtention of the Mining Research Permit;
• Advising on the legal requirements for the renewal of the Research Permit;
• Advising on the legal requirements relating to the partial transformation of the Research Permit into an Operating Permit or Small Mining Operation Permit.

3/ Phase of mining exploiting:

Our Lawyers advise clients in the exploiting mining phase by providing the following legal services:

• Advising and providing general information on the legal requirements of mining;
• Advising on the application and obtention of the Mining Permit;
• Advising on legal requirements relating to consultations of local communities, authorities of administrative and local entities;
• Advising on the legal requirements of the plan for the contribution of the project to the development of the surrounding communities;
• Advising on the implementation of Environmental Impact Studies (EIA), Environmental Management Plan (EMP) and Mitigation and Rehabilitation Plan (ERP);
• Advising on renunciation procedures and renewal of the operating License;
• Advising on the payment of annual surface rights per square meter;
• Advising on the payment of special taxes and mining royalties;
• Advising on the transport and export of mining substances;
• Advising and assisting clients in drawing up and presenting the list of movable property, mining equipment’s benefiting from the privileged regime;
• Advising on mortgage, pledge, leasing and transfer;
• Litigation