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Part B: Mineral Rights - Part B-5: Development Minerals | 29. Development Minerals

Although the provisions relating to mineral rights in other parts of the Guiding Template are generally applicable to development minerals, the provisions in this part have been modified to apply exclusively to development minerals. Fundamentally, these provisions are inspired by efforts on the continent to promote development of lesser known minerals (so-called lower value minerals) that have comparative value addition potential to contribute more directly to local or regional development. The Africa Mining Vision (AMV) underscores the importance of such minerals to the industrialization and economic transformation agenda of the continent through their use in local production of consumer and industrial goods. Similarly, other continental bodies like the African Minerals Development Centre (AMDC) and the African Union Commission (AUC) Specialized Technical Committee on Trade, Industry and Minerals (STC-TIM) have highlighted and are working towards realising the local economic and utilization linkages potential of development minerals. Recognising these efforts and the need for new laws to facilitate this vision, the Guiding Template proposes draft legislative provisions that seek to ensure maximization of the value of development minerals to the countries that have them. These include a purposive definition that allows a country to determine which particular minerals within a broad range of minerals are considered strategic or relevant for local utilization or value addition. Other provisions account for the regional value of development minerals and provide opportunities for cooperation among countries towards their development and utilization. Lessons learned from regulating higher value minerals have also informed options for local government or sub-national involvement in licensing of development mineral rights. In a bid to link laws closely to the policies they are derived from (and especially to ensure that regional or continental policies on development minerals are duly recognized and implemented immediately), the practice in civil law jurisdictions of referencing policies in legislations is introduced here. Furthermore, the entire gamut of relevant issues in minerals and mining regulation is modified in this part to account for the nuances associated with development minerals and to cater to countries that may have only such minerals.