THE RELATIONSHIP BETWEEN MINING LAW AND LAND LAW
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Kolwezi is home to a number of housing concessions, which eventually became mining sites. From then on, mines and land were subject to the same and unique legislation, and their management method was the concession. As mines were state property, the first legislation governing them already laid down the principle of their separation from the land, by imposing restrictions on the occupier of the land, who could not engage in the exploitation of mines located in the subsoil of its surface. Several successive laws in the mining sector have established the principle of separating and distinguishin...
Kolwezi is home to a number of housing concessions, which eventually became mining sites. From then on, mines and land were subject to the same and unique legislation, and their management method was the concession. As mines were state property, the first legislation governing them already laid down the principle of their separation from the land, by imposing restrictions on the occupier of the land, who could not engage in the exploitation of mines located in the subsoil of its surface. Several successive laws in the mining sector have established the principle of separating and distinguishing the land regime from the mining regime. In the case in point, the best solution would be to make effective the procedure for expropriation in the public interest, which is a procedure enabling the Administration, in the general interest, to compel a private individual to sell his or her property for a consideration, either to itself or to a legal entity under private law.
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