Tanzania Enacts the Mining (Technical Support to Small Scale Miners) Regulations, 2025

The Government of Tanzania, through the Ministry of Minerals, has enacted the Mining (Technical Support to Small Scale Miners) Regulations, 2025 under Government Notice No. 260 of 2025 (the TA Regulations). The TA Regulations came into force on 25 April 2025 and mark a significant development in the regulatory landscape governing small-scale mining activities.

The TA Regulations establish a dedicated framework for the provision of Technical Support to small scale miners defined as holders of Primary Mining Licences (PMLs) with the objective of enhancing safety, technical proficiency, environmental compliance, and long-term sustainability within the sector.

As the TA Regulations are currently available only in Kiswahili, this update is based on an internal interpretation of the published version.

Key Definitions

Technical Support Agreement (TSA) means a formal, written agreement between a PML holder and a Technical Support Provider for the provision of specified Technical Support.

Technical Support means mining expertise, equipment, methodologies, or specialised skills not locally available, intended to facilitate mineral exploration, extraction, processing, or knowledge transfer, as envisaged under section 8(3) of the Mining Act, Cap. 123 of 2010 (the Mining Act)

Technical Support Provider means any person or entity qualified and authorised to deliver Technical Support under the Mining Act and TA Regulations.

Objectives of the TA Regulations

The TA Regulations are intended to achieve the following:

1. strengthen the technical and operational capacity of small scale miners;
2. encourage safer, more sustainable, and legally compliant mining practices;
3. facilitate structured partnerships between local miners and qualified technical service providers; and
4. support national efforts to formalise and professionalise the small-scale mining sub-sector.

Eligibility of Technical Support Providers

In accordance with section 8(2) of the Mining Act, a PML holder may only engage a foreign Technical Support Provider where the Mining Commission, upon recommendation from the Resident Mines Officer, confirms that the required technical expertise is not available within Tanzania.

The Mining Act together with the Mining (Local Content) Regulations, GN No. 3 of 2018 (the Local Content Regulations), imposes mandatory local content obligations on mineral right holders in relation to the procurement of goods and services. Specifically, where the required goods or services are not available in Tanzania, such goods or services must be procured through a local company that has entered into a joint venture with a foreign entity. The Local Content Regulations further mandate that preference shall be given to Tanzanian citizens and indigenous Tanzanian companies defined as companies in which:

• at least 20% of shares are owned by Tanzanian citizen(s);
• at least 80% of management positions are held by Tanzanian citizens; and
• 100% of non-managerial and other staff positions are occupied by Tanzanian citizens.

Where goods or services are not available locally, a foreign company may only provide such goods or services in Tanzania through a joint venture with an indigenous Tanzanian company, in which the indigenous company must hold a minimum equity interest of 20% in the joint venture. Please note similar requirements will apply to a foreign Technical Support Provider. 

In addition, a Technical Support Provider shall be disqualified from participation if they:

1. are adjudged bankrupt or subject to any form of insolvency proceedings; or
2. have been convicted within the past ten (10) years of an offence involving fraud, dishonesty, or a breach of Tanzanian mining laws or comparable foreign legislation.

Conditions and Restrictions on TSAs

All TSAs must be submitted to the Mining Commission for approval and registration. The Mining Commission is obligated to provide written reasons where approval/registration is refused.

To be eligible for approval, a TSA must adhere to the following conditions among other things:

1. be executed in writing between the PML holder and the Technical Support Provider;
2. cover no more than ten (10) tenements within the same mining area;
3. be valid for a period not exceeding three (3) years, with renewals permitted up to a cumulative total of ten (10) years;
4. be written in either Kiswahili or English;
5. be governed by the laws of the United Republic of Tanzania; and
6. comply with all local content requirements under the Mining Act and Local Content Regulations.

Please note that both the PML holder and the Technical Support Provider must ensure that no foreign national operates within the mining area without proper authorisation from the immigration and Mining Commission.

Aside from the above the TA Regulations sets out the obligations of the PML holders and Technical Support Provider which must be incorporated in the TSA and adhere to during the implementation of the TSA.

Oversight and Institutional Framework

Responsibility for the implementation and oversight of the TA Regulations rests with the Mining Commission, supported by its Zonal and Regional Offices, which are empowered to do the following among others:

1. conduct inspections of mining sites before and after Technical Support is rendered;
2. deploy multidisciplinary teams to assess and support implementation of the TSA;
3. collaborate with academic institutions, private sector experts, and relevant government agencies to facilitate the delivery of Technical Support; and
4. monitoring and oversee compliance. 

Conclusion

The introduction of the TA Regulations underscores the Tanzanian Government’s commitment to formalising and modernising the small-scale mining sector. By establishing clear procedures, eligibility criteria, and oversight mechanisms, the TA Regulations aim to unlock the sector’s economic potential while safeguarding the interests of local miners, communities, and the environment.

PML holders and prospective Technical Support Providers are strongly advised to familiarise themselves with the TA Regulations and engage proactively with the Mining Commission to ensure full compliance with the new framework.