Land Law and the Extractive Industries : Challenges and Opportunities in Africa

This book analyses the nexus between land access and the extractive industries in Africa, specifically highlighting the gaps in energy, land and mining laws and the practical solutions needed to settle the increasing number of land disputes in resource-rich areas. Access to land is essential for the successful operation of energy and mining projects. However, there are often social, environmental and economic issues associated with acquiring land for these projects. Socially, many people are relocated; economically, local communities are not given adequate compensation; environmentally, pollution negatively impacts on the agricultural and fishing industries relied on by over 80 per cent of the local communities. Against this stark background, and drawing from the author’s fieldwork research, this book addresses the important question of whether the different land tenure systems, coupled with administration and registration procedures, are adequate to address the increasing land disputes in oil and mineral-rich African countries. Global Energy Law and Policy: Volume 7 Preface -- 1. Introduction to Land and Extractives in Africa -- 1.1. -- Introduction -- 1.2. Ownership and Control of Extractive Resources -- 1.3. Legal and regulatory frameworks governing the African Extractive Industries -- 1.4. Nexus between Land Access and Extractives -- 1.5. Structure of the Book -- 1.6. -- Conclusion -- 2. Land Law Reforms in Africa and Their Impact on the Extractive Industries -- 2.1. Introduction to Land Law in Africa -- 2.2. Land Law Reforms and Their Impact on the Extractive Industries: Case Studies -- 2.3. Environmental Impacts Associated with Extractives and Land Access -- 2.4. Conclusion -- 3. Land Access in the Perspective of the African Mining Sector -- 3.1. Introduction to Mining in Africa -- 3.2. Land Access in the Perspective of Large-Scale Mining -- 3.3. Land Access in the Perspective of Artisanal and Small-Scale Mining -- 3.4. Gender Justice and Mining: Impact of Land Tenure Systems -- 3.5. Mining Disputes and Land Access -- 3.6. Conclusion -- 4. Land Access in the Perspective of the African Energy Sector -- 4.1. Introduction to the African Energy Sector -- 4.2. Land Access in the Perspective of Petroleum Projects -- 4.3. Land Access in the Perspective of Renewable Energy Projects -- 4.4. Energy Disputes Related to Land -- 4.5. International Instruments and Good Governance -- 4.6. -- Conclusion -- 5. Other Pertinent Issues in the African Extractive Industry and Land Rights -- 5.1. Social Licence to Operate (SLO), Extractives and Land Access -- 5.2. Local Content, Extractives and Land Access -- 5.3. Regionalism, Extractives and Land Access -- 5.4. Concluding Remarks and Recommendations -- Bibliography -- Index Preface 8 Acknowledgements 10 Contents 12 List of Abbreviations 16 List of Tables 20 1. Introduction to Land Law and Extractives in Africa 22 I. Introduction 22 II. Ownership and Control of the Extractive Resources 30 III. Legal and Regulatory Frameworks Governing the Extractive Industries 34 IV. Nexus between Land Access and Extractives 41 V. Structure of the Book 49 VI. Conclusion 49 2. Land Law Reforms in Africa and their Impact on the Extractive Industries 50 I. Introduction to Land Law 50 II. Land Law Reforms and their Impact on the Extractive Industries: Case Studies 69 III. Environmental Impacts Associated with Extractives and Land Access 88 IV. Conclusion 91 3. Land Access from the Perspective of the African Mining Sector 92 I. Introduction to Mining in Africa 92 II. Land Access from the Perspective of Large-Scale Mining 104 III. Land Access from the Perspective of Artisanal and Small-Scale Mining 118 IV. Gender Justice in the Mining Sector 122 V. Mining Disputes and Land Access 123 VI. Conclusion 130 4. Land Access from the Perspective of the Energy Sector 131 I. Introduction to Energy Law 131 II. Petroleum Projects and Land Access 144 III. Renewable Energy Projects and Land Access 148 IV. Energy Disputes Related to Land 154 V. Conclusion 183 5. Conclusion: Pertinent Issues in the African Extractive Industries 185 I. Social Licence to Operate (SLO), Extractives and Land Access 185 II. Local Content, Extractives and Land Access 186 III. Regionalism, Extractives and Land Access 189 IV. Concluding Remarks and Recommendations 192 Appendices 193 Bibliography 207 Index 216 "This book analyses the nexus between land access and the extractive industries in Africa, specifically highlighting the gaps in energy, land and mining laws and the practical solutions needed to settle the increasing number of land disputes in resource-rich areas. Access to land is essential for the successful operation of energy and mining projects. However, there are often social, environmental and economic issues associated with acquiring land for these projects. Socially, many people are relocated; economically, local communities are not given adequate compensation; environmentally, pollution negatively impacts on the agricultural and fishing industries relied on by over 80% of the local communities. Against this stark background, and drawing from the author's fieldwork research, this book addresses the important question of whether the different land tenure systems, coupled with administration and registration procedures, are adequate to address the increasing land disputes in oil and mineral-rich African countries"-- Provided by publisher