New Caledonia Mining Code

Country / jurisdiction: New Caledonia · Year: 2009 · Status: In force · Level: National · Type: Voluntary

The Mining Code of New Caledonia, established in 2009, serves as a comprehensive regulatory framework for the mining sector. It aims to incentivise the conversion of ore to metals within New Caledonia and consolidates scattered mining regulations into a cohesive code. The Code simplifies foreign investment procedures, facilitates dialogue between mining operators, authorities, and local communities, and establishes an environmental protection framework with approval processes and rehabilitation obligations. It also supports the export of metallurgically transformed products and the preservation of resources through the creation of provincial technical reserves.

The Mines and Quarries Service, part of the Direction of the Mines and Energy in New Caledonia (DIMENC), grants exploration permits and mining concessions.

Exploration permits, valid for three years and renewable twice, cover one or more contiguous 100-hectare squares.

Mining concessions, with a maximum initial term of 50 years and renewable every 25 years, are granted to permit holders who demonstrate a minable deposit. Operators under mining concessions are categorised into three groups: companies operating domestic refineries, small miners, and subcontractors for mine owners.

Additionally, the right to export minerals is granted by government decree after a review by the Mines and Quarries Service.

The Department of Industry, Mining and Energy at the Government of New Caledonia (DIMENC) oversees environmental conditions for mineral extraction and processing. This department collaborates with the Nickel Fund for the reforestation of mine sites, aligning with the Code’s environmental goals.

Further regulation is to be passed to develop the national resource scheme of New Caledonia.

Official source: https://juridoc.gouv.nc/JuriDoc/JdCodes.nsf/tree2?OpenPage&code=CN