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Benefit-sharing of proceeds from minerals: a legal analysis of the shortfalls of Tanzania's new Mining Laws and Regulations on Beneficiation

Beneficiation is the process whereby minerals undergo value addition before exportation. For the beneficiation process to be successful, it must be regulated effectively by legislation. The United Republic of Tanzania (Tanzania), being a resource-rich country, enacted new mining laws and regulations...

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Main Author: Mussa, Ahmed
Other Authors: Mostert, Hanri
Format: Thesis
Language:English
Published: Department of Private Law 2022
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access_status_str Open Access
author Mussa, Ahmed
author2 Mostert, Hanri
author_browse Mostert, Hanri
Mussa, Ahmed
author_facet Mostert, Hanri
Mussa, Ahmed
author_sort Mussa, Ahmed
collection Thesis
description Beneficiation is the process whereby minerals undergo value addition before exportation. For the beneficiation process to be successful, it must be regulated effectively by legislation. The United Republic of Tanzania (Tanzania), being a resource-rich country, enacted new mining laws and regulations to improve mining activities' economic benefits. However, Tanzania continuously fails to realise the intended purpose of the new mining laws and regulations, particularly in respect of benefit sharing. The bottom line is that this country fails to acquire a fair share of its mineral resource benefits. This dissertation argues that the beneficiation of minerals is one way to enhance a host nation's economic benefits from exploiting its mineral resources. The dissertation analyses the new Tanzanian mining laws and regulations on beneficiation and discusses their shortfalls. First, this dissertation inquires how the new Tanzanian mining laws and regulations promoted minerals' beneficiation as a benefit-sharing enhancement mechanism. Second, this dissertation inquires how Tanzania can improve these laws to ensure an increased share of benefits from mineral activities. This dissertation argues that the new Tanzanian mining laws and regulations have shortfalls and practical challenges on beneficiation. This dissertation offers recommendations to the Tanzanian government to carry out beneficiation to develop Tanzania and its citizens.
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institution University of Cape Town (South Africa)
language eng
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license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2022
publishDateRange 2022
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publisherStr Department of Private Law
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spelling oai:open.uct.ac.za:11427/35948 Benefit-sharing of proceeds from minerals: a legal analysis of the shortfalls of Tanzania's new Mining Laws and Regulations on Beneficiation Mussa, Ahmed Mostert, Hanri Cramer Richard Henry Private Law Beneficiation is the process whereby minerals undergo value addition before exportation. For the beneficiation process to be successful, it must be regulated effectively by legislation. The United Republic of Tanzania (Tanzania), being a resource-rich country, enacted new mining laws and regulations to improve mining activities' economic benefits. However, Tanzania continuously fails to realise the intended purpose of the new mining laws and regulations, particularly in respect of benefit sharing. The bottom line is that this country fails to acquire a fair share of its mineral resource benefits. This dissertation argues that the beneficiation of minerals is one way to enhance a host nation's economic benefits from exploiting its mineral resources. The dissertation analyses the new Tanzanian mining laws and regulations on beneficiation and discusses their shortfalls. First, this dissertation inquires how the new Tanzanian mining laws and regulations promoted minerals' beneficiation as a benefit-sharing enhancement mechanism. Second, this dissertation inquires how Tanzania can improve these laws to ensure an increased share of benefits from mineral activities. This dissertation argues that the new Tanzanian mining laws and regulations have shortfalls and practical challenges on beneficiation. This dissertation offers recommendations to the Tanzanian government to carry out beneficiation to develop Tanzania and its citizens. 2022-03-06T18:38:50Z 2022-03-06T18:38:50Z 2021 2022-03-06T18:38:09Z Master Thesis Masters LLM http://hdl.handle.net/11427/35948 eng application/pdf Department of Private Law Faculty of Law
spellingShingle Private Law
Mussa, Ahmed
Benefit-sharing of proceeds from minerals: a legal analysis of the shortfalls of Tanzania's new Mining Laws and Regulations on Beneficiation
thesis_degree_str Master's
title Benefit-sharing of proceeds from minerals: a legal analysis of the shortfalls of Tanzania's new Mining Laws and Regulations on Beneficiation
title_full Benefit-sharing of proceeds from minerals: a legal analysis of the shortfalls of Tanzania's new Mining Laws and Regulations on Beneficiation
title_fullStr Benefit-sharing of proceeds from minerals: a legal analysis of the shortfalls of Tanzania's new Mining Laws and Regulations on Beneficiation
title_full_unstemmed Benefit-sharing of proceeds from minerals: a legal analysis of the shortfalls of Tanzania's new Mining Laws and Regulations on Beneficiation
title_short Benefit-sharing of proceeds from minerals: a legal analysis of the shortfalls of Tanzania's new Mining Laws and Regulations on Beneficiation
title_sort benefit sharing of proceeds from minerals a legal analysis of the shortfalls of tanzania s new mining laws and regulations on beneficiation
topic Private Law
url http://hdl.handle.net/11427/35948
work_keys_str_mv AT mussaahmed benefitsharingofproceedsfrommineralsalegalanalysisoftheshortfallsoftanzaniasnewmininglawsandregulationsonbeneficiation