Decree No. 2013-991 Of July 11, 2013

Original Language Title: Décret n° 2013-991 du 11 juillet 2013

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Decree No. 2013-991 of July 11, 2013 Decree No. 2013-991 of July 11, 2013, quashing the Decree n ° 2009-728 of August 3, 2009, granting the company mining concessions for exploitation of limestone in the classified forest of Bandia, clays and laterites Tricia and for installation of a cement plant in the classified forest of Thiès in the Thiès Region Sénégalaise des Industries (SDI).

REPORT of PRESENTATION the Société Sénégalaise des Industries (SDI) headquartered at 12 boulevard Djily Mbaye - B.P. 4449 - Dakar Senegal holds mining concessions for exploitation of limestone in the classified forest of Bandia, clays and laterites Tricia and for installation of a cement plant in the classified forest of Thies, in the Region of Thies, attributed by Decree n ° 2009-728 of August 3, 2009.

This Decree is a procedure for cancellation for breach of obligations of start-up of mining operations, including its failure to invest groups operations defined in the mining agreement signed on July 3, 2009.
Indeed, the SDI project involved the construction of a cement plant integrated with a capacity of clinker of 1.1 million tonnes per year (3500 t/d) and a capacity of 1.4 million tonnes of cement a year before the end of the year 2012. The total amount of the project was estimated at Euro 200 million. Today, investment operations are not actually incurred by the SDI.

By letter of formal notice No. DMG-MEM-03053 November 29, 2012, the company had been invited to comply with law No. 2003-36 of 24 November 2003 on the Mining Code and Decree No. 2004-647 of 17 May 2004 laying down detailed rules for the application. After review of the response of the society on January 29, 2013, it remained finding that the SDI have failed its investment commitments.

In addition, the justifications advanced are not valid reasons. On the basis of these findings, the company was informed by letter of 28 February 2013, that the State reserves the right to take action, without delay, the withdrawal of the decree in accordance with article 32 of the Mining Code, which provides that the mining concession may be subject to removal by decree after not followed up within a period of three (3) months for the reasons (i) non-compliance with obligations and commitments defined in the mining convention and (ii) non-realization of the program of work and annual budgets.

That is, Excellency the President of the Republic, the economy of the draft decree that I submit to your approval and signature.

The President of the Republic, pursuant to the Constitution;

Having regard to Act No. 64-46 June 17, 1964 on the domain and the texts adopted for its application;

Pursuant to law No. 2003 - 36 of 24 November 2003 on Mining Code;

Having regard to Decree No. 2004 - 647 of 17 May 2004 laying down detailed rules for the application of the law on Mining Code;

Having regard to Decree No. 2012 - 427 of April 3, 2012 concerning the appointment of the Prime Minister;

Considering Decree No. 2012 - 647 of July 4, 2012 on the powers of the Minister of energy and Mines;

Mindful of Decree No. 2012-1223 of 5 November 2012 on the distribution of the services of the State and control of public institutions, societies and corporations with public participation between the Presidency of the Republic, the Prime Minister's Office and the ministries, amended by Decree No. 2013-11 January 3, 2013.

Considering Decree No. 2013 - 277 of February 14, 2013 concerning the composition of the Government.

Given the mining agreement signed on July 3, 2009 between the State and the society Sénégalaise des Industries (SDI);

Mindful of Decree No. 2009-728 of August 3, 2009, granting the company Sénégalaise des Industries (SDI) of the mining concessions for exploitation of limestone in the classified forest of Bandia, clays and laterites Tricia and for installation of a cemetery in the forest classified Thies;

Mindful of Decree No. 2011-1031 25 July 2011 amending article 2 of Decree No. 2009-728 of August 3, 2009, giving the company Sénégalaise des Industries (SDI) of the mining concessions for exploitation of limestone in the classified forest of Bandia, clays and laterites Tricia and for installation of a cement plant in the forest classified Thies;

Having regard to the letter of formal notice No. DMG-MEM-03053 November 29, 2012;

Having regard to the letter reply No. 01/001/SDI/DGA/2013 January 29, 2013;

Having regard to the letter of formal notice No. 0675/MEM/DMG/ad from February 28, 2013;
The report of the Minister of energy and Mines, enacts as follows: Article 1. -The grants mining for exploitation of limestone in the classified forest of Bandia, clays and laterites Tricia and for installation of a cemetery in the classified forest of Thiès in the Thiès Region, attributed to the company Sénégalaise des Industries (SDI) headquartered in 12 boulevard Djily Mbaye, p.o. box 4449 Dakar, Senegal, by Decree No. 2009-728 of August 3, 2009. Annuls Article 2. - the Minister of energy and Mines and Minister of economy and finance, are responsible, each in relation to the implementation of this Decree which shall be published in the Official Journal.

Made in Dakar, July 11, 2013, by the President of the Republic: Macky SALL Prime Minister Abdoul MBAYE.