| The Mining Local Content Regulations, 2018 (“the Regulation”) has been amended by the Mining (Local content) (Amendments) Regulations,2019 (“the Amendments”) as shown below. | ||
| Regulations | The Regulation | The Amendments |
| 3 | "indigenous Tanzanian company" means a company incorporated under the Companies Act that - (a) has at least fifty-one percent of its equity owned by a citizen or citizens of Tanzania. |
"indigenous Tanzanian company" means a company incorporated under the Companies Act that - (a) has at least twenty percent of its equity owned by a citizen or citizens of Tanzania. |
| 11(1) | 11.-(1) The Committee shall within twenty-five working days of the receipt of the local content plan submitted under regulation 7(3), review and assess the plan and inform the Commission in writing of the recommendations of the Committee. |
11.-(1) The Committee shall within sixty working days of the receipt of the local content plan submitted under regulation 7(3), review and assess the plan and inform the Commission in writing of the recommendations of the Committee. |
| 11(5) | The Commission shall approve the local content plan if it is satisfied that the local content plan complies with the provisions of these Regulations and shall communicate its decision to the applicant within seven working days of the approval of the recommendations of the Committee. | The Commission shall approve the local content plan if it is satisfied that the local content plan complies with the provisions of these Regulations and shall communicate its decision to the applicant within thirty working days of the approval of the recommendations of the Committee. |
| 11(6) | Where, based on the recommendations made by the Committee, the Commission determines not to approve the local content plan in whole or in part, the Commission, shall within seven working days of making the determination, notify the applicant and furnish the applicant a written statement of the reasons for rejection by the Commission to approve the local content plan. |
Where, based on the recommendations made by the Committee, the Commission determines not to approve the local content plan in whole or in part, the Commission, shall within thirty working days of making the determination, notify the applicant and furnish the applicant a written statement of the reasons for rejection |
| 11(8) | Where the Commission fails to notify the applicant of its approval or otherwise of the revised local content plan, the revised local content plan shall be deemed to have been approved upon expiry of fifty (50) working days of the submission. | Sub regulation 8 which deemed the Commission to have approved the local content plan submitted to it after the expiry of fifty (50) working days has been deleted. Therefore, any approval of a local content plan by the Commission must be expressly stated. |
| 13 | Additional sub-regulation “(5) The Minister shall, in prescribing Additional Minimal Local Contents Level under sub-regulation (4), ensure that views of stake holders have been sought. |
|
| 34 | Additional sub-regulation “(3) For the purpose of this regulation, “a Tanzanian financial institution or organization” and “foreign financial institution or organization” have the meaning ascribed to them under the Banking and Financial Institutions Act”. The BFIA terms a Tanzanian or foreign financial institution based on the place of incorporation (see section 63) |
|
| 36 | 36.-(1) A contractor, subcontractor, licensee or other allied entity shall maintain a bank account with an indigenous Tanzanian bank and transact business through banks in the country.
(2) For the purpose of this regulation, "an indigenous Tanzanian bank" means a bank that has one hundred percent Tanzanian or a majority Tanzanian shareholding. |
1) A contractor, subcontractor, licensee or other allied entity shall maintain a bank account with Tanzanian bank and transact business through banks in the country.
“(2) For the purpose of this regulation, “Tanzanian bank” means a bank that has one hundred percent Tanzanian or not less than twenty percent of Tanzanian shareholding. |
| First Schedule | The amendment places the First Schedule under regulation 13 (1), (2) and (4) of the Regulations. | |
| Second Schedule | The amendment places the Second Schedule under regulation 17 (2) of the Regulations. | |
| Third Schedule | The amendment places the Third Schedule under regulation 18 (1) of the Regulations. | |
| PART–B PART–C | PART–B is now made under regulation 18(1)(b)) of the Regulations. PART–C is now made under regulation 18(1)(c) of the Regulations. |
|
Note: This is not a legal opinion and the contents hereof are not meant to be relied upon by any recipient unless our written consent is sought and explicitly obtained in writing.