In this regard, the holder of a mining title must open an account in a public institution designated by the State into which funds are to be paid to cover the costs of the implementation of the environmental management plan.Protected areas may be created by order of the Minister of Mines, within which prospection, exploration and mining of mineral substances are prohibited. Once negotiated, the contract is sent to the Minister of Finance for assent. He made reform of the mining industry a key priority for his administration and the changes referred to above reflect the latter’s concerns, as well as the trends currently being followed elsewhere in Africa. Where there is a partial change in control, it will be necessary to at least inform the mining authorities of the change.As indicated above, mining rights must be held by an entity incorporated under Senegalese law.The State has a 10% free participation in the mining company and may negotiate for itself an additional participation in the capital of the mining company which cannot exceed 25% of the share capital of the mining company (article 31).No. These protections include:Specific procedures govern the dismissal of these categories of worker.The labour courts have jurisdiction to hear employment-related complaints. However, no dispute can be resolved by a court without a preliminary step of conciliation.Any substantial change to an employment agreement by the employer requires the employee’s consent (Article L 67 of the Labour Code). There is no specific timescale provided under the Labour Code in this regard.Any judgment rendered by a first-instance tribunal is subject to appeal before the court of appeal with jurisdiction over the case. Founded in 1977, is known for its experience in establishing foreign companies in Senegal and the subregion and providing counsel, legal advice and assistance, and litigation representation in court. The procedure differs depending on the number of employees concerned.On dismissal, employees have specific rights that their employers should not breach. In line with trends observed in the region, the new Mining Code provides an increase in transparency, local development provisions, control by the State, an increase in taxes and a reduced scope for exemption with a bigger share of the profits for the State, whilst at the same time providing new advantages for investors.The new Mining Code applies to mining titles acquired after 8It is also to be noted that Senegal is a member of WAEMU (the West African Economic and Monetary Union).The principal laws regulating the mining sector in Senegal are the following:The following bodies administer the mining industry in Senegal:It is to be noted that the latest amendments to the Mining Code reflect the work that has been in progress since 2012 when Macky Sall was elected President. 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According to article 27 of the Mining Code, the titleholder has the exclusive right to dispose of the minerals for which the mining permit has been granted.The titleholder is under an obligation to compensate the landowner in the event that the titleholder’s activities cause damage to the landowner (article 93).The State guarantees that installations and infrastructures built or acquired during the course of the mining operations may not be subject to any measures of expropriation, except in circumstances of “For mining, or small mine, an environmental impact study (or “There is an obligation to restore the site to its previous state upon the expiry of a mining title. For example, a fixed-term contract need not mention that it cannot be renewed more than once. However, for disputes arising from the termination of an employment contract – and notwithstanding any conventional attribution of jurisdiction – employees can choose between the court in their place of residence or their place of work (Article L 229 of the Labour Code).The labour courts have exclusive jurisdiction over any dispute arising from an employment contract. This may be in order to protect, for example, buildings, and where it is in the general public interest.In addition, it is to be noted that there are reserved zones within which only small-scale mining activities and artisanal mining activities may be authorised.The State can create all or part of the country as promotional areas within which sufficient data and results are obtained and which have a mining interest that justifies a competition procedure in order to promote investment.Exploration permits or exploitation permits are granted in promotional areas according to the rules on competition.A person does not need to acquire an interest in land in order to apply for a mining permit.However, it is to be noted that the titleholder must compensate any individual or legal entity for any damage caused.The titleholder must inform the Minister of Mines, as well as the competent administrative authority, the regional labour inspector, the social security and the public prosecutor of any accident or any identified danger that occurs during mining activities.The Mines Authorities keeps data regarding the soil and basement (article 7 of the decree).Subject to specific provisions contained in a mining convention, all disputes relating to the implementation and the interpretation of the Mining Code are for the Courts of Senegal.The Senegalese Constitution has both a direct and an indirect impact on mining activities.State investment treaties apply to the Mining Code. However, employees can agree, on request of an employer, to share information with their employer on its request.Rest breaks of 30 minutes or one to two hours are provided for by law. If the applicant does not participate, a formal notice is sent to the latter by the Mines Administration.


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