The legal framework governing mining activities has undergone a fundamental reform with the enactment of Law No. 25-12 of 3 August 2025, published in Official Journal No. 52 of 7 August 2025 (the “New Mining Law”). This legislation  repeals Law No. 14-05 of 24 February 2014 (the “Former Mining Law”), whose structural deficiencies had severely constrained mining development. The New Mining Law forms part of a broader wave of economic liberalization initiated in 2019 with the new Hydrocarbons Law (Law No. 19-13), continued with the progressive dismantlement of the 51/49 rule in non-strategic sectors under the 2020 Supplementary Finance Law (Law No. 20-07), and consolidated by Law No. 22-18 of 24 July 2022 on Investment (the “Investment Law”) which introduces a one-stop shop mechanism for foreign investment projects  and enhance investor guarantees.

The central regulatory body for the mining sector is the National Agency for Mining Activities (ANAM), whose role has been considerably reinforced by the New Mining Law. ANAM’s statutory missions encompass: promoting mining investment; providing assistance to investors; managing the mining cadastre; granting mining titles and authorizations, including preparing the accompanying specifications (cahiers des charges); organizing competitive tenders; exercising administrative and technical control over mining operations; and exercising mine police powers. A second agency, the Geological Survey Agency of Algeria (ASGA), is responsible for geological infrastructure, mineral inventory, and the legal deposit of geological data. Both agencies are independent administrative authorities with legal personality and financial autonomy. The wali (regional governor) retains an advisory role in the title-granting procedure. On the industrial and economic ground, the New Mining Law also relies on a state owned company and its subsidiaries (together the  “National Enterprise”) which is vested with specific equity and legal rights in order to safeguard sovereign interests.

Algeria is a civil law jurisdiction. Algeria is a signatory to the New York Convention (1958) and, as confirmed by the preamble to the New Mining Law, which expressly references the ICSID Convention ratified by Presidential Decree No. 95-346 of 30 October 1995 and the MIGA Convention ratified by Presidential Decree No. 95-345 of 30 October 1995, affords international investors access to multilateral investment dispute resolution mechanisms.

Algeria possesses exceptionally rich mineral and fossil resources. The mineral heritage is formally defined under the New Mining Law to encompass radioactive mineral substances, solid fuels, metallic mineral substances, precious metals, precious and semi-precious stones, meteorites, and non-metallic mineral substances including those used in construction materials.

The mineral inventory constitutes an integral part of the national geological infrastructure. It is defined as a descriptive and estimative record of the components of the country’s mineral heritage with the objective of identifying and assessing national mineral resources. The procedures for establishing the mineral inventory, as well as the format for presenting the annual balance of mineral resources and mining reserves, are to be determined by regulation. To date, the latest known official mineral resources balance dates to end 2018.

Therefore, among the priorities of the ASGA is to update the national inventory of minerals and metals resources of the country and issue the National Geological Data Bank.

Currently, the most significant deposits under development are iron ore (Gara Djebilet, the world’s second-largest such deposit), phosphate (Djebel Onk), zinc and lead (Tala Hamza-Oued Amizour), gold (Amesmessa), promising prospects in diamonds (Djebel Reggane), rare earth elements and quarry materials.

One of the most consequential innovations of the New Mining Law is the outright abolition of the “strategic mineral substances” category, which had constituted one of the primary obstacles to sectoral development under the Former Mining Law. Under the Former Mining Law, deposits designated as ‘strategic’ were subject to a restrictive derogatory regime: their exploration and exploitation were reserved exclusively for public economic enterprises whose share capital was directly or indirectly held by the State or a public institution. The list of strategic substances was to be specified by regulatory decree — a decree that was never published. This legislative gap placed all operators in a state of paralysing legal uncertainty.

The New Mining Law resolves this deadlock. All mineral and fossil substances — radioactive minerals, solid fuels, metallic minerals, precious metals, precious and semi-precious stones, meteorites, and non-metallic minerals — are subject to a single unified regime, without any distinction between ‘strategic’ and ‘non-strategic’ substances. Crucially, no substance category is reserved to public entities. This standardization removes a structural source of uncertainty and opens the entire sector to all eligible operators, including foreign private investors.

While Algeria does not maintain a formal critical minerals policy in the sense of a published list with specific regime, the legislature has embedded within the competitive tender provisions a mechanism enabling the State to prioritize the exploitation of pre-identified deposits. ANAM may submit already-evaluated or identified ore bodies to competitive tender for the granting of exploration permits. The Agency determines the selection criteria, including the potential participation rate of the National Enterprise and any specific requirements.

State support for Algeria’s mining sector is expressed primarily through legislative and institutional mechanisms designed to reduce barriers to entry and secure the investment framework, rather than through direct subsidy schemes.

On the institutional front, ANAM plays an active facilitation role for investors, centralizing permit procedures and organizing competitive tenders. An open data policy is codified in the New Mining Law providing that the National Geological Data Bank is open to the public, and that geological information and data falling with the public domain are freely available for consultation, on a chargeable or free-of-charge basis.

Recognized as a priority high-value-added sector within the meaning of the Investment Law, mining sector is eligible for the “sectors regime”. This regime confers upon mining investments a comprehensive set of fiscal, parafiscal, and customs advantages, structured across two distinct phases corresponding to project implementation and subsequent operation.

The Investment Law also provides for the “structuring project regime” which is open to investments with a high potential for wealth and job creation, that are likely to increase the attractiveness of the region and create a ripple effect on economic activity for sustainable economic, social and territorial development. that contribute, essentially, to:

• import substitution ;
• export diversification ;
• integration into global and regional value chains regional value chains;
• acquisition of technology and know-how.

Arguably, major mining projects may benefit from the “structuring project regime” if the criteria are fulfilled.

In addition, the New Mining Law introduces two specific fiscal support mechanisms:

• the provision for deposit reconstitution (provision pour reconstitution de gisement), which allows exploitation permit holders to deduct from their taxable profit amounts to be reinvested in mining research aimed at identifying new reserves; and
• the provision for rehabilitation and site restoration (provision pour réhabilitation et remise en état des lieux), which allows tax deduction of amounts to finance rehabilitation works and post-mining management.

The New Mining Law has profoundly reshuffled the foreign investment regime in the mining sector in the sense of more flexibility and predictability. This trend must be analyzed from 4 perspectives:  title holders, equity structure, authorities’ prior approval and preemption right.

• Title holders: the New Mining Law provides the foundational rule: (i) for prospection authorizations and exploration permits (mines or quarries), the applicant may be either an Algerian-law or a foreign-law legal entity while this latter option was prohibited under the Former Mining Law; (2) for exploitation permits (mines or quarries): the applicant must be an Algerian-law legal entity; (3) for artisanal exploitation, slag heap exploitation, meteorite collection, and quarry substance exploitation authorizations: the applicant must be an Algerian physical or legal person.
• Equity structure: mining exploitation title holders are not anymore subject to the compliance with the “51/49” requirement. The New Mining Law provides that the National Enterprise shall own at least 20% of the share capital of the Algerian-law company held by foreigners when that company applies for a mining exploitation permit. Unless the National Enterprise decides otherwise, this 20% participation may not be diluted in the event of a capital increase. By agreement, the National Enterprise and the foreign party may agree to a participation exceeding 20% if the economic interest is justified for both parties. In the context of competitive tenders, the National Enterprise’s participation rate is not capped and may exceed 20%. With regard to quarries exploitation activities, permits are granted exclusively to Algerian-law entities with at least 51% Algerian ownership.
• Prior approval: Any transfer of rights and obligations arising from a mining title must receive ANAM’s prior approval within 90 days of receipt of the application.
• Preemption right: In parallel to the prior approval, the National Enterprise is granted with a 60-day pre-emption right over any transfer of an exploitation title held by an Algerian company owned by foreign shareholder(s). It is exercised under the same conditions and procedures as the proposed transfer. Failure to exercise within the 60-day period is deemed a waiver. The pre-emption right does not apply to intra-group transfers.

The New Mining Law does not contain standalone provisions on the repatriation of funds. The framework applicable to the repatriation of funds by foreign investors operating in Algeria’s mining sector rests on the general guarantees introduced by the Investment Law which constitutes the reference foundation in this area and extends to mining investment projects. The Investment Law expressly guarantees foreign investors the right to freely transfer abroad net dividends and profits, proceeds from the sale or liquidation of their investments, and any other amounts related to the investment, in the contribution currency or in any freely convertible currency.

In practice, fund transfers are executed through licensed banks operating in Algeria, subject to the oversight of the Bank of Algeria. Compliance with foreign exchange regulations remains a significant practical point of attention for foreign investors.

To benefit from the transfer guarantee, several cumulative conditions must be met, notably a minimum equity contribution of the foreign investor representing 25% of the total investment cost.

The New Mining Law does not establish general restrictions on the export of minerals and metals in the form of quotas or outright bans on the export of raw material. However, it introduces mechanisms designed to promote the local transformation of mineral and fossil substances extracted in Algeria, reflecting a broader policy of industrial valorization of national resources:

• ANAM may request title holders to contribute to the domestic market supply for mineral substances, with conditions defined in the specifications (cahier des charges).
• ANAM may require title holders to process, refine, or transform part or all of their mining production in Algeria, including through partnerships with Algerian or foreign entities. These provisions are discretionary powers of ANAM — they are not absolute export restrictions — but their exercise creates project-specific obligations that can affect export volumes and offtake structures.

It is also to be noted that the New Mining Law defines mining exploitation to include the ‘valorization’ of extracted mineral substances, but limits valorization to first-transformation operations. Any additional industrial transformation is explicitly excluded from the definition of mining activity. This distinction has practical significance: activities beyond first transformation are not governed by the mining regulatory regime but by other regulatory frameworks, which may include separate authorization requirements

The New Mining Law does not introduce a specific tariff regime for mining activities; duties applicable to the export or import of minerals and metals fall under the Algerian Customs Code and general tariff regulations.

The New Mining Law establishes a mandatory national participation mechanism in the capital of exploitation companies. The National Enterprise shall own a minimum of 20% in the capital of the Algerian-law company partially held by foreigners when applying for a mining exploitation permit. Unless the National Enterprise decides otherwise, this stake may not be reduced in the event of an increase in the share capital of the legal entity mentioned in the preceding paragraph.

Notwithstanding the above, the National Enterprise and the foreign party may agree to a stake exceeding 20% in the capital of the legal entity governed by Algerian law, if the economic benefit is justified for both parties.

Likewise, in the case of the competitive bidding process, the National Enterprise’s stake in the capital of the Algerian legal entity is not limited and may exceed 20%. In this specific context, it could be envisaged to grant to the National Enterprise higher equity shares as a way to compensate costs incurred to develop infrastructures in the relevant perimeter. Such compensation mechanism already exists in the oil and gas sector, where research efforts undertaken by the national oil company (NOC) and the development of infrastructure on perimeters offered for bidding can be compensated under the hydrocarbon agreement.

Quarries exploitation permits are granted exclusively to Algerian-law entities with at least 51% Algerian ownership.

All mineral and fossil substances — whether discovered or not — located in the national terrestrial territory, subsoil, or in maritime spaces over which Algeria exercises sovereignty or sovereign rights, are public property (propriété publique) belonging to the national community. The State manages these resources in the framework of sustainable development, under the conditions established by the law.

The holder of exploitation titles acquires ownership of the mineral substances it extracts, subject to payment of applicable royalties.

The legal nature of mining titles is established as follows:

• .Exploration mining titles (mines and quarries) are movable property (biens meubles), assignable and transferable under the conditions fixed by the New Mining Law, but not divisible and not susceptible to lease (amodiate) or mortgage. Exploration mining titles can be held directly by foreign entities which was not possible case under the Former Mining Law.
• Exploitation mining titles (mines and quarries) create limited real rights (droits réels de durée limitée), distinct from land ownership (propriété du sol). They are movable property (biens meubles) and may be subject to transmission, transfer, lease (amodiation), and mortgage. The expiry of an exploitation title results in the extinction of all mortgages over the real rights. Foreign investors may only hold exploitation rights through Algerian-law companies complying with requirements defined by the New Mining Law.

Algerian mining law clearly distinguishes the regime of mining titles from the regime of surface land ownership. Mining titles pertain to substances contained in the subsoil and confer no property right over the corresponding surface land within the mining perimeter.

Occupation of national domain land or privately-owned land is free of charge when it relates to prospecting and exploration and causes no prejudice. If works cause prejudice to the surface owner (holders of real rights, their beneficiaries, or legal occupants), fair financial compensation must be paid, sought first by amicable agreement and, in its absence, fixed by the competent court based on the value of the product the surface owner could have derived from normal use during the occupation period. The same indemnification principle applies to national domain lands of any status. If occupation deprives the surface owner of enjoyment of the land for more than three years, or renders the land unfit for normal use after works, the surface owner may require the title holder to acquire the land at a price based on its value during occupation.

Where public interest requires, the construction of works and installations — whether inside or outside the mining perimeter — may be declared of public utility, enabling expropriation procedures under applicable legislation. This public utility declaration can extend to storage, processing, transport, and evacuation infrastructures.

Easements of access, passage, and aqueduct may be granted to title holders by wali order for landlocked perimeters, following direct notification to affected landowners and a local inquiry. These easement procedures provide meaningful access rights but require advance planning, as the wali order process takes time and must be published at the land conservation office (conservation foncière).

Foreign entities can now directly obtain prospection and exploration permits, facilitating early-stage investment and technical input. They are not required to set up a company incorporated in Algeria to perform research activities as it was the case under the Former Mining Law

The New Mining Law distinguishes between two research phases: prospection (prospection minière) and exploration (exploration minière).

• Prospection consists of topographic, geological, and geophysical examination, site reconnaissance, and other preliminary surface-level mineral research to determine the mineralogical attributes and geological characteristics of a field. The prospection authorisation (autorisation de prospection de mines) is granted by ANAM to any requesting person on a free perimeter, in chronological order of registration, after approval of the research plan. It may cover one or more mineral substances. Its duration may not exceed one year, with one single extension of maximum one year. The holder must regularly communicate results to ANAM and ASGA. Discovery of mineral substances during prospection confers priority to obtain an exploration permit over all or part of the related perimeter, subject to ANAM’s approval of the research plan.

• Exploration involves geological and geophysical studies of geological structures and underground geology, evaluation works including excavation, drilling and coring, physical and chemical analysis of minerals, mineralogical tests, definition of the valorization process, and economic feasibility examination, including environmental protection and post-mining aspects. The exploration permit is granted by ANAM on a free perimeter after approval of the research plan. Priority is given to the prospection permit holder. Where multiple applicants seek the same perimeter, the first applicant receives priority. The mining exploration permit is granted for a maximum initial period of four years, with a maximum of two renewals of up to two years each. The quarry exploration permit is granted for a maximum of two years, with two renewals of one year each. Renewal requires satisfaction of all obligations under the preceding period and submission of an adapted work program. At each renewal, the perimeter may be reduced in proportion to the new work program.

The New Mining Law enshrines the “inventor’s right” which is the cornerstone of the emergence of a viable mining value-chain and is pivotal to allow juniors-majors synergies to thrive. The holder of an exploration permit who discovers a commercially exploitable deposit benefits from a priority to obtain the corresponding exploitation permit. ANAM has the power to award a maximum two-year grace period to an exploration permit holder that has made a discovery but cannot, for economic reasons confirmed by an independent expert, submit an exploitation permit application — a provision that significantly reduces the risk of losing discovery rights due to adverse market conditions.

The exploitation permit confers its holder, within the limits of the defined perimeter and duration, the exclusive right of prospecting, exploring, and exploiting, as well as the right to carry out all valorization and commercialization operations for the substances specified in the permit.

The mining exploitation permit is granted for a maximum period of 30 years, with possible successive renewals for as long as exploitable reserves permit, each renewal for a period not exceeding 20 years. The quarry exploitation permit is granted for a maximum of 15 years, with renewals of maximum 10 years. Renewal is conditional upon execution of commitments during the preceding period and ANAM’s approval of an updated development plan. Renewal is granted in the same form and conditions as the initial permit. If exploitation works reveal mineral substances other than those covered by the permit, or require extension outside the initial perimeter, the holder may request an amendment of the permit’s scope or integration of contiguous zones, granted in the same form as the initial permit.

Exploitation titles and authorizations are granted after processing of the application and approval of the development plan (plan de développement). From this perspective; it is to be noted that administrative procedures have been substantially streamlined to anticipate the arrival of new players.

Indeed, with the exception of mining exploration permits, applications for mining titles and authorizations are subject to a preliminary administrative inquiry by the wilaya (province) concerned by the mining activity, resulting in an opinion from the wali (governor).

A favorable opinion issued by the territorially competent wali for the granting of an exploration mining title remains valid when this title is converted into an exploitation mining title within the limits of the initially granted area.

This continuity mechanism significantly enhances legal certainty for operators by securing local approvals at an early stage of the mining lifecycle. In practice, it reduces conversion risk, shortens project timelines, and encourages careful upfront perimeter planning, while preserving the wali’s prerogatives should the project later expand beyond its originally approved footprint.

Quarrying permits are issued by the territorially competent wali, upon a reasoned opinion from ANAM on the file submitted by the wilaya, which must include the development and exploitation plan for the deposit.

As a principle, the holder of mining exploitation rights acquires ownership of the mineral substances it extracts, subject to payment of the royalties (redevances) provided for under the legislation in force.

In this respect, the New Mining Law has effected a major methodological reform. Indeed it repeals the fiscal provisions and Annexes of  the Former Mining Law and provides that taxes (taxes), royalties (redevances), and provisions (provisions) relating to mining activities shall be fixed by subsequent Finance Laws. This major shift is designed to provide policy makers with the flexibility to calibrate taxes and royalties yearly without having to amend the New Mining Law. From an investor perspective it can however be seen as triggering tax uncertainty. This gap of legitime objectives is to be bridged through stabilization clauses to be inserted into relevant contractual deeds.

It is however to be noted that the 2026 Finance Law does not contain any specific tax and royalty provision related to mining activities. Consequently the Former Law regime remains applicable on a transitory basis by application of article 215 of the New Mining Law.

A specific attention shall be given to upcoming Finance Laws to assess the evolution of the current regime specified in Annexes I, II and II of the Former Mining Law.

Both security over and assignment of Mining Titles are authorized under the New Mining Law.

The security regime discriminates between exploration and exploitation titles:

• Exploration titles are movable property, assignable and transferable, but not divisible and not susceptible to lease (amodiation) or mortgage.
• Exploitation titles create limited real rights, transferable, leasable (amodiable), and mortgageable.
• Neither exploration nor exploitation titles are divisible.

The lease (amodiation) regime requires ANAM’s prior agreement which can only  (i) be granted to a person satisfying the conditions required for attribution of the title, (ii) cover the entire perimeter granted, and (iii) may not exceed the validity period of the mining title. The lease (amodiation) must be notarized (acte authentique).

Similarly, the mortgage regime requires ANAM’s prior agreement. It may only be established in favour of a financial institution subject to Algerian legislation. The mortgage only covers the right to exploit but can in no case span over in-situ reserves. The mortgage must also be established by notarial deed (acte authentique).

The transfer regime relies on :

• A prior approval requirement: Any act by which the holder of a mining title plans to transfer, in whole or in part, the rights and obligations arising from said mining title, is subject to ANAM’s prior approval. This latter shall issue its decision within ninety (90) days from the date of receipt of the transfer request. The request for the transfer of rights and obligations arising from a mining title must, in particular, specify the details of the terms and conditions, both economic and financial, of the transfer. Where a transfer is approved, the transferee is mandated to  sign a new set of specifications (cahier des charges) containing a new work program and the new technical and financial effort they commit to undertaking.
• A pre-emption right: The National Enterprise is vested with a pre-emption right upon the transfer of rights and obligations arising from a mining title held by a company incorporated under Algerian law, whose shareholders are foreign natural or legal persons, whether resident or non-resident. However, this preemption right does not apply when the transfer is made to an affiliated entity.

The pre-emption right may be exercised within a period not exceeding sixty (60) days from the date of receipt of a copy of the transfer request communicated by ANAM. It is exercised under the same conditions and procedures as the proposed transfer.

Any transfer occurring in violation of the aforementioned is null and void and results in the withdrawal of the mining title, without prejudice to the other provisions of this law.

Algeria does not maintain a specific legal framework for indigenous peoples’ rights in the sense understood by international law (notably ILO Convention No. 169), as Algerian law does not recognize the concept of indigenous peoples as a legal category. Consequently, the principles of Free, Prior, and Informed Consent (FPIC) have not been formally transposed into Algerian mining legislation.

However, from a wider standpoint, the New Mining Law provides that exploitation permits must include three categories of local content obligations: (i) preference for Algerian suppliers of goods and services produced in Algeria, provided their price, quality, and delivery conditions are competitive; (ii) priority use of Algerian workforces by the permit holder and its subcontractors; and (iii) training of Algerian workforces covering all qualifications required for development works, to be provided directly or indirectly at the start of development works.

The obligations of priority employment of Algerian labour and training from the start of development works, constitute indirect benefit-sharing mechanisms with local communities.

Title holders are also required to accommodate mining students and technician trainees from universities, schools, and training institutes, under schedules agreed with those institutions.

In addition, the comprehensive rehabilitation and post-mining management obligations — including the requirement to restore the site to a state close to its initial condition acceptable to ANAM and environmental authorities — and the risk prevention system are designed to protect proximate populations well beyond the operational life of the project.

The New Mining Law integrates a structured environmental framework as a fundamental prerequisite for access to mining titles:

• Exploitation titles: any applicant for a mining or quarry exploitation permit, a slag heap exploitation authorization, or a quarry exploitation authorization must attach to its application (i) an environmental impact and danger study (étude d’impact) (ii) an environmental management plan; and (iii) a rehabilitation and restoration plan. This latter must be reviewed every five years. It must assess all costs related to site remediation operations, and operators are required to establish a rehabilitation provision, tax-deductible under certain conditions of reinvestment, to anticipate the financing of closure work. In the event of closure due to the depletion of reserves, the operator is required to remove all installations from the perimeter and restore the site to a condition close to its original state, as deemed acceptable by the ANAM (National Agency for Mining and Aquaculture) and environmental authorities
• Exploration titles: Applicants for mining or quarry exploration permits and artisanal exploitation authorizations must provide an environmental impact notice (notice d’impact).

The distinction between the full impact study (exploitation phase) and the lighter notice (exploration/artisanal phase) is calibrated to the scale and duration of the activity..

Moreover, the New Mining Law enshrines the “polluter pays principle”. It provides that any environmental damage resulting from mining activities must be addressed by the party responsible for the damage, through the implementation, in kind, of environmental protection and site restoration operations and/or through financial compensation. To hedge their responsibility, mining titles holders are mandated to subscribe civil liability and special mining risk insurance policies.

On the ground, the “polluter pays principle” is enforced by a dedicated mining police (police des mines). It is entitled to control the implementation of environmental management plans and compliance with environmental legislation. It can notify the environmental administration of any potentially infringing events.

Remarkably, the classified facilities (établissements classés) regime does not apply to mining research and exploitation with the exception of treatment, refining, enrichment, and valorization installations for extracted mineral substances. This exclusion was long expected and provides enhanced legal certainty for exploration and extraction operators which are not anymore subject to the dual regulatory burden of both mining and classified facilities legislation for their core activities.

The New Mining Law maintains and reinforces health and safety provisions applicable to mining operations.

Mining activities must be conducted using best international techniques and practices to prevent and reduce risks or damage to persons, property, installations, and the environment, and all means must be deployed for optimal reserve recovery while respecting protection rules for persons, property, and the environment. This dual objective — production optimization and safety compliance — is codified as a single overarching operational standard.

Title holders are specifically required to maintain exploitation, emergency, and safety works and installations in compliance with applicable legislative and regulatory standards. They are mandated to comply with regulatory and technical conditions applicable to the use of explosives, safety and health of persons, public hygiene and sanitation, essential characteristics of the surrounding environment, environmental protection, industrial safety, and chemical product use. Title holders are also compelled to provide sufficient and competent technical supervision for all mining exploration and exploitation operations, in accordance with the specifications (cahier des charges).

Health and safety obligations are integrated into the broader supervisory framework exercised by the mining police (police des mines). Public agents are empowered to conduct regular inspections and verify compliance with rules and standards securing hygiene, safety, and operating conditions in accordance with mining best practice, in order to ensure conservation of the mining domain, protection of water sources, public roads, surface buildings, the environment, and archaeological sites.

Title holder are required to establish, at their own expense, a mining risk prevention system that is transparent and accessible to public agents.

Responsibility for damage caused by mining activity is defined in broad terms and is not limited to the title perimeter or its validity period. To cover health and safety risks, title holders are mandated to subscribe to a special insurance policy against mining risks, in addition to the standard civil liability policy.

The New Mining Law does not include specific provisions regarding mandatory climate risk disclosure for mining sector operators, beyond the general environmental impact study and management plan requirements applicable as a condition of exploitation permit grant. Algeria does not, to date, have a sectoral non-financial reporting framework comparable to the regimes adopted in certain European jurisdictions.

The environmental documentation required under the New Mining Law — specifically the environmental impact studies, danger studies, environmental management plans, and rehabilitation plans — provides a meaningful documentary foundation for operators seeking to align their Algerian operations with international climate disclosure frameworks. The requirement that the rehabilitation and site restoration plan be revised every five years creates a regular update cycle that can be coordinated with external sustainability reporting cycles.

In addition, title holders are required to ensure rational use of natural energy resources (utilisation rationnelle des ressources naturelles de l’énergie), which, albeit not a formal energy efficiency or decarbonisation obligation, provides a regulatory basis for energy management program.

Title holders are also required to respect regulatory and technical conditions applicable to the essential characteristics of the surrounding terrestrial or maritime environment, environmental protection, industrial safety, and the protection of biological and water resources. These comprehensive environmental compliance obligations, while not expressed in climate-specific language, collectively constitute a de facto environmental stewardship regime that overlaps meaningfully with the scope of international climate risk disclosure frameworks. Foreign investors subject to CSRD or comparable mandatory sustainability reporting obligations should map their Algerian operational data against these legislative requirements to build an integrated compliance and disclosure system from project inception.

The New Mining Law does not introduce specific decarbonisation obligations for mining sector operators. The Algerian mining sector is not, at present, subject to carbon pricing mechanisms, sectoral greenhouse gas emission reduction targets, or mandatory carbon offset obligations.

However, mining activities should be conducted using best international techniques and practices to prevent and reduce risks and damage to the environment. The New Mining Law notably requires rational use of natural energy resources and compliance with environmental protection and industrial safety conditions. These provisions, while not constituting explicit decarbonisation obligations, establish a general duty of environmental best practice that could — in the event of regulatory evolution — serve as the statutory basis for more specific energy or emissions obligations imposed by ANAM directive or regulatory decree. Operators with ambitious internal decarbonisation programs should document their energy efficiency and emissions reduction measures in their annual activity reports to ANAM, thereby creating a baseline that evidences voluntary decarbonisation commitment and may prove advantageous in future regulatory or investor engagements.

The emergence of sector-specific climate regulation constitutes a medium-term regulatory risk that financial models for long-duration projects should incorporate through scenario analysis and appropriate sensitivity testing. This risk is amplified by the annual Finance Law mechanism introduced by the New Mining Law: since all fiscal parameters are subject to annual revision, the government could introduce a carbon-related levy or environmental fiscal measure applicable to mining activities through a Finance Law without amending the Mining Law itself. This pathway for rapid introduction of new fiscal charges — including carbon-related ones — should be explicitly addressed in fiscal stabilisation clauses negotiated within investment conventions.

Beyond the general environmental obligations arising from environmental protection legislation, Algeria does not, to date, have specific climate change legislation directly applicable to mining sector operators. No carbon tax or emissions trading scheme is currently in force in Algeria.

As explained under Q13, mining specific taxes provided under the Former Mining Law regime remain applicable on a transitory basis until their amendment through Finance law. These specific mining taxes are composed of (i) permit issuance fees (Annex I), (ii) a surface area tax (Annex II) and an (iii) extraction royalty (Annex III).

A specific attention shall be given to upcoming Finance Laws to scrutinize the evolution of the current regime specified in Annexes I, II and II of Former Mining Law.

The two specific fiscal-support mechanisms defined in the New Mining Law — i.e., the provision for deposit reconstitution (provision pour reconstitution de gisements) and the provision for rehabilitation and site restoration (provision pour réhabilitation et remise en état des lieux) — are key features of the mining tax regime that operators should leverage. The deposit reconstitution provision allows holders of exploitation permits to deduct from taxable profit amounts to be reinvested in mining research to identify new reserves. The rehabilitation provision allows deduction of amounts to finance rehabilitation works and post-mining management. Both provisions create effective tax incentives for reinvestment in the sector and for provisioning against closure liabilities.

The New Mining Law forms part of a broader legislative reform dynamic that repositions Algeria as a central mining investment destination moving deliberately against the prevailing global trend. While numerous mineral-producing states are tightening their public control over mining resources, Algeria has adopted a deliberately contrarian strategy by permitting foreign investors to hold up to 80% of the share capital of exploitation companies. This positioning constitutes a powerful signal to the international investors and is designed to accelerate the integration into global value-chains.

This process shall be backed by regulations yet to be enacted specifying the conditions and procedures for the granting, renewal, amendment, suspension, withdrawal, relinquishment, leasing, or transfer of mining titles and authorizations.