Introduction
Botswana is renowned for its rich mineral resources and investor-friendly mining regulations. For businesses aiming to engage in large-scale mining operations, obtaining a mining license is a mandatory legal requirement. Understanding the mining license application process is essential for investors to ensure compliance and smooth project execution. This article provides a detailed overview of the steps, documentation, and conditions involved in securing a mining license in Botswana.
Who Needs a Mining License in Botswana?
Any company—whether citizen-owned or foreign—that intends to conduct large-scale mining operations in Botswana must obtain a mining license. Eligible applicants include holders of prospecting licenses, retention licenses, or prospecting waivers who have discovered viable mineral deposits and wish to proceed to mining.
Key Eligibility Criteria
Before applying, companies must meet the following conditions:
- Be incorporated under the Botswana Companies Act and have a registered office (domicilium citandi et executandi) in Botswana.
- Not be in liquidation or under judicial management, except as part of a reconstruction or amalgamation scheme.
- Ensure none of the directors or shareholders are disqualified under Botswana’s legal requirements.
- Hold a valid prospecting license, retention license, or prospecting waiver for the area of interest.
Step-by-Step Mining License Application Process
1. Obtain a Prospecting License
Applicants must first secure a prospecting license from the Department of Mines to explore mineral deposits within specified coordinates.
2. Conduct a Bankable Feasibility Study
A comprehensive feasibility study assessing the mining and processing potential of the mineral deposit is required. This report should demonstrate the commercial viability of the project.
3. Secure Surface Rights
Applicants must obtain surface rights from the relevant land authority or landowner. A stamped sketch plan showing the exact coordinates of the mining area is necessary.
4. Environmental and Archaeological Clearances
- Obtain authorization for an Environmental Impact Assessment (EIA) from the Department of Environmental Affairs (DEA).
- Secure archaeological clearance with location coordinates from the Department of National Museum and Monuments (DNMM).
- If the mining area is within a conservation zone, clearance from the Department of Wildlife and National Parks is mandatory.
5. Prepare and Submit Required Documents
Complete the Mining License Application Form V (a) for new applications or Form V (b) for renewals and submit it to the nearest Department of Mines office. Include the following supporting documents:
- Certificate of incorporation and company documents.
- Identity documents of directors and shareholders.
- Bankable feasibility study report.
- Proposed rehabilitation programme.
- Letters of surface rights and environmental and archaeological authorizations.
- Parent company guarantee.
- Copy of the prospecting license, retention license, or prospecting waiver.
6. Pay Annual Lease Rental Fees
Upon issuance, an annual lease rental fee is charged at BWP 100 per square kilometre. The first payment is due upon receiving the license, with subsequent payments due annually on the license anniversary.
Processing Time and Contact Information
The Department of Mines typically processes mining license applications within thirty days, provided all requirements are met.
Contact Details:
Department of Mines
Government Enclave, Block 6, Khama Crescent
Ministry of Basic Education Building, Floor 4
P/Bag 0049, Gaborone, Botswana
Phone: +267 365 7000
Fax: +267 395 2141
Email: mines[at]gov.bw
Office Hours: Monday to Friday, 7:30–12:45 and 13:45–16:30 (excluding public holidays)
Conclusion
Obtaining a mining license in Botswana involves a clear, structured process designed to ensure responsible and sustainable mining practices. By fulfilling legal requirements, conducting thorough feasibility studies, and securing necessary clearances, investors can successfully navigate the licensing process. Botswana’s supportive regulatory framework and transparent procedures make it an attractive destination for mining ventures.
For more detailed guidance, consult the official Botswana Department of Mines website or seek professional legal and technical advice.
