III. Legal Framework
The mining sector in the Democratic Republic of Congo is regulated by Law No. 007/2002 of 11 July 2002 on the Mining Code and Decree No. 038/2003 of 26 March 2003 on Mining Regulations.
The new Code has the merit of reaffirming the principle stipulating that the rights to a mining concessions are distinct from those to a land concessions, so that a land dealer may not claim his title to demand any property right on mineral substances contained in the subsoil. Furthermore, the new Code performs a classification of mineral deposits in mines and quarries.
It mentions that the President of the Republic may declassify or reclassify a mining substance into quarry product and vice versa.
The Mining Code pursues the following objectives:
- Create a win-win framework for all;
- Develop and encourage infrastructure for all;
- Develop the human capital of DRC;
- Develop the local processing capacity;
- Develop the DRC as a destination for foreign capital and technology;
- Encourage the immediate development of the country.