Mining Operations Council of Ministers Regulation No. 423-2018

PART THREE CERTIFICATE OF DISCOVERY AND  CERTIFICATE OF COMPITENCE

 

  1. Application for a Certificate of Discovery

1/ Any person who discovers indications or existence of minerals may immediately apply to the Licensing Authority for a certificate by placing a marker, as appropriate, to the location of discovery and shall specify the region, specific area, and the type of the minerals.

 

2/ Any person, who discovers indications or existence of minerals, shall submit application of discovery to the Licensing Authority, with the application indicating the nature of the minerals, laboratory result, samples of the minerals and supporting letter from the wereda office responsible with respect to mines, at the place where the mineral discovered.

 

  1. Verification of Discovery and Certification

 

1/ The Licensing Authority, up on receiving application, shall:

 

  1. a) register the application, verify the nature of the minerals submitted and the location of the markers placed by the discoverer, and shall confirm that the area and the mineral in question are not subject to an exclusive right or an application thereof, and the area has not been reserved or excluded;
  2. b) investigate and compare the similarity of the sample with the discovery sample submitted by taking the geographic coordinate where marker is placed, that the mineral naturally exists, the nature of the minerals, as the case may be, by taking photograph information.

 

 

2/ Where the discovery is verified in accordance with sub-article (1) of this Article, the area and the mineral is subject to license application, the Licensing Authority shall, pursuant to Article 49 of the Proclamation, issue a discovery certificate to the discoverer valid for 18 months from its date of issuance.

 

  1. Rights and Obligations of a Holder of Certificate of Discovery

1/ A holder of certificate of discovery shall have the right to be granted exploration or mining license during the term of validity of such certificate; if lodges application for such license if he meets the necessary requirements provided under Article 4 or 6 of this Regulation.

 

2/ A holder of certificate of discovery, during the term of validity of the discovery certificate, may transfer his right to an exploration or mining licensee to the minerals he has discovered.

 

  1. An application for a certificate of professional competence for consultancy

An application for certificate of professional competence for consultancy shall be attached with the following information;

1/ If an applicant is a natural  person:

  1. a) his full name, sex, nationality, place of birth and copy of identification card;
  2. b) profession;

 

  1. c) his residential address;

 

  1. d) discipline for which certificate of professional competence for consultancy service is requested;
  2. e) the copies of necessary educational qualification document and work experience as specified in the directive to be issued;
  3. f) other information determined in the directive of the Licensing Authority.

 

2/ If the applicant is a legal person:

 

  1. a) its name, nationality, legal form;
  2. b) address of its head office;

 

  1. c) employee profiles such as education, work experience and employment contract as specified in the directive;

 

  1. d) information specified under paragraph (d) and (f) of sub-article (1) of this Article;
  2. e) authenticated copy of memorandum and articles of association;

 

  1. f) the name of an official authorized to sign on behalf of the applicant business organization.

 

  1. Issuance of a Certificate of Professional

     Competence for Consultancy Service

 

1/ An application that meets the requirements provided under Article 24 of this Regulation shall be registered upon the payment of the prescribed application fee.

 

2/ The eligibility of the attached documents to the application shall be assessed and verified in accordance with the directives to be issued.

3/ Where the Licensing Authority finds the application acceptable, it shall grant a certificate of professional competence in the area of reconnaissance, an exploration, pre-feasibility and feasibility studies, mining as well as for other mining operations.

26.Duration, Renewal and Revocation of a Certificate of Competence for Consultancy

 

1/ A certificate of competence for consultancy services shall be valid for the period of one year.

2/ The holder of a certificate of competence for consultancy services shall, 30 days prior to the expiry date, have the right to apply in writing for a renewal by effecting payment of prescribed application fee.

 

3/ The certificate of competence for consultancy services shall be renewed annually.

4/ Where the Ministry  proves that the holder of a certificate of competence for consultancy service failed to carry out his duties in an ethical manner and to use modern technology and good mining operation practice generally accepted in the mining industry, the Licensing Authority may revoke the certificate prior to the expiry of the validity period.

5/ The certificate of competence for consultancy services shall not be renewed, if the Licensing Authority proves that the applicant has failed to comply with professional ethics and technical obligations in accordance with the terms of his certificate of competence.

6/ The Ministry shall notify, in writing, to the applicant his decision of rejection for renewal, or reasons for revocation of the existing certificate of competence for consultancy services within 10 days.

 

7/ The applicant may apply for issuance of a new certificate of competence for consultancy services after one year from the time he has rectified the causes for revocation.

8/ A person, whose certificate of competence for consultancy services is revoked due to non observance of renewal period, may not be granted another certificate for one year starting from the date of revocation of the previous certificate.

9/ The applicant, pursuant to the directives to be issued by the Licensing Authority, may apply for a renewal of a certificate of competence for consultancy services after rectifying the causes that led the reject his application for renewal.

 

27.Application for a Certificate of Competence for Technical Service.

An application for certificate of competency for technical service in mining sector shall contain the following:

1/ where the applicant is anatural person:

  1. a) information specified under paragraph (a), (b) and (c) of Article 24 (1) of this Regulation;
  2. b) copy of educational qualification;
  3. c) documents of previous work experience, if any;
  4. d) documents showing the material preparation of the applicant for intended technical service.

2/ where the applicant is a legal person:

 

  1. a) information specified under paragraph (a) and (b) of Article 24(2)  of this Regulation;

 

  1. b) name, address and nationality of the person who authorized to sign on behalf of the applicant organization;

 

  1. c) relevant documents of educational back ground, work experience and employment contract made with the employee;

 

  1. d) documents specified under paragraph (d) of sub-article (1) of this Article;

 

  1. e) original and a copy of memorandum and articles of association authenticated by relevant authority.

 

 

  1. Issuance, Duration, Renewal and Revocation of Certificate of competence for technical service

1/ Application to obtain certificate of competence for technical service in mining sector if submitted according to Article 27 of this Regulation by fulfilling the requirements, it shall be registered by ascertaining payment of appropriate fees.

2/ The Ministry shall issue a certificate to the applicant, upon verifying that the application lodged pursuant to sub-article (1) of this Article fulfills the conditions specified for the issuance of a certificate.

 

3/ A certificate of competence for technical service shall be valid for one year.

4/ The holder of certificate of competence for technical service may apply in writing for renewal 30 days prior to the expiry of the validity period.

 

5/ The Ministry may renew a certificate after verifying the payment of renewal fees, provided that the applicant has not contravened any provision of the Proclamation, Regulations and directives.

6/ Notwithstanding the provision of sub-article (3) and (5) of this Article, the Ministry may at any time revoke the certificate competence on the following grounds:

  1. a) where the service delivery is below the standard required by directive;

 

  1. b) where there is a breach of any provision of the Proclamation, Regulations and directives.

7/ Where the Ministry revokes or refuses renewal a certificate of competence, it shall notify the applicant in writing the reason in detail within 10 days.

 

8/ The holder whose certificate of competence revoked may apply for issuance of a new certificate of competence after one year counted from the date of revocation by rectifying the causes of revocation.

 

9/ The holder of a certificate whose certificate is revoked due to non-observance of renewal period may not be granted another certificate for one year starting from the date of revocation of previous certificate.

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