Mines and Minerals Development Act, 2008 (No. 7 of 2008).
Country
Type of law
Legislation
Abstract
This Act makes provision with respect to large-scale, small-scale and artisanal mining and relative rights of exploration, exploitation and processing of mineral resources. Further provisions of this Act concern, among other things, use of water, surface rights, environmental protection and administration.
All rights of ownership in, searching for, mining and Rights to disposing of, minerals wheresoever located in the Republic are vested in the President on behalf of the Republic. Rights of prospecting for, mining and disposing of, minerals shall be acquired and held under and in accordance with this Act no person shall prospect for minerals or carry on mining operations or mineral processing operations except under the authority of a mining right or mineral processing licence granted under this Act. The Act provides for the granting of the following mining rights: (a) a prospecting licence; (b) a large-scale mining licence; (c) a large-scale gemstone licence; (d) a prospecting permit; (e) a small-scale mining licence; (f) a small-scale gemstone licence; and (g) an artisan's mining right. The following non-mining rights may be granted under this Act: (a) a mineral processing licence; and (b) a gemstone sales certificate.
This Act makes provision with respect to large-scale, small-scale and artisanal mining and relative rights of exploration, exploitation and processing of mineral resources. Further provisions of this Act concern, among other things, use of water, surface rights, environmental protection and administration. All rights of ownership in, searching for, mining and Rights to disposing of, minerals wheresoever located in the Republic are vested in the President on behalf of the Republic. Rights of prospecting for, mining and disposing of, minerals shall be acquired and held under and in accordance with this Act no person shall prospect for minerals or carry on mining operations or mineral processing operations except under the authority of a mining right or mineral processing licence granted under this Act. The Act provides for the granting of the following mining rights: (a) a prospecting licence; (b) a large-scale mining licence; (c) a large-scale gemstone licence; (d) a prospecting permit; (e) a small-scale mining licence; (f) a small-scale gemstone licence; and (g) an artisan's mining right. The following non-mining rights may be granted under this Act: (a) a mineral processing licence; and (b) a gemstone sales certificate. An application for a prospecting licence or a large-scale mining licence shall include an environmental management plan including the applicant's proposals for the prevention of pollution, the treatment of waste, the protection and reclamation of land and water resources, and for eliminating or minimising the adverse effects on the environment of prospecting operations. Applications for other rights shall be subject to similar requirements. The Director or Director of Geological Survey shall, in deciding on the grant of any mining right or mineral processing licence, take into account the need to conserve and protect the air, water, soil, flora, fauna, fish, and fisheries. Conditions regarding environmental protection attached to a licence may be prescribed by Statutory Instrument. A holder of a right shall be strictly liable for any harm or damage redress caused by mining operations or mineral processing operations and shall compensate any person to whom the harm or damage is caused. Liability shall also extend to any air, water or soil contamination or damage to biological diversity.
All rights of ownership in, searching for, mining and Rights to disposing of, minerals wheresoever located in the Republic are vested in the President on behalf of the Republic. Rights of prospecting for, mining and disposing of, minerals shall be acquired and held under and in accordance with this Act no person shall prospect for minerals or carry on mining operations or mineral processing operations except under the authority of a mining right or mineral processing licence granted under this Act. The Act provides for the granting of the following mining rights: (a) a prospecting licence; (b) a large-scale mining licence; (c) a large-scale gemstone licence; (d) a prospecting permit; (e) a small-scale mining licence; (f) a small-scale gemstone licence; and (g) an artisan's mining right. The following non-mining rights may be granted under this Act: (a) a mineral processing licence; and (b) a gemstone sales certificate.
This Act makes provision with respect to large-scale, small-scale and artisanal mining and relative rights of exploration, exploitation and processing of mineral resources. Further provisions of this Act concern, among other things, use of water, surface rights, environmental protection and administration. All rights of ownership in, searching for, mining and Rights to disposing of, minerals wheresoever located in the Republic are vested in the President on behalf of the Republic. Rights of prospecting for, mining and disposing of, minerals shall be acquired and held under and in accordance with this Act no person shall prospect for minerals or carry on mining operations or mineral processing operations except under the authority of a mining right or mineral processing licence granted under this Act. The Act provides for the granting of the following mining rights: (a) a prospecting licence; (b) a large-scale mining licence; (c) a large-scale gemstone licence; (d) a prospecting permit; (e) a small-scale mining licence; (f) a small-scale gemstone licence; and (g) an artisan's mining right. The following non-mining rights may be granted under this Act: (a) a mineral processing licence; and (b) a gemstone sales certificate. An application for a prospecting licence or a large-scale mining licence shall include an environmental management plan including the applicant's proposals for the prevention of pollution, the treatment of waste, the protection and reclamation of land and water resources, and for eliminating or minimising the adverse effects on the environment of prospecting operations. Applications for other rights shall be subject to similar requirements. The Director or Director of Geological Survey shall, in deciding on the grant of any mining right or mineral processing licence, take into account the need to conserve and protect the air, water, soil, flora, fauna, fish, and fisheries. Conditions regarding environmental protection attached to a licence may be prescribed by Statutory Instrument. A holder of a right shall be strictly liable for any harm or damage redress caused by mining operations or mineral processing operations and shall compensate any person to whom the harm or damage is caused. Liability shall also extend to any air, water or soil contamination or damage to biological diversity.
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Long title of text
An Act to revise the law relating to the prospecting for, mining and processing of minerals; to repeal and replace the Mines and Minerals Act, 1995; and to provide for matters connected with or incidental to the foregoing.
Date of text
Repealed
Yes
Source language
English
Legislation Amendment
No
Amended by
Implemented by