Minerals and Mining Act, 2006 (Act 703).

This Act provides rules relative to rights regarding minerals and mining operations in Ghana. This Act consisting of 112 articles aims at revising and consolidating the law relating to minerals and mining and to provide for connected purposes. As General principles, it establishes that (i) every mineral in its natural state is the property of the Republic; (ii) to secure the development or utilization of a mineral resource, the President may acquire the land or authorize its occupation and use; (iii) the Minister responsible for mines may reserve land from mining; (iv) the Minister may negotiate, grant, revoke, suspend or renew mineral rights; (v) to export, sell or otherwise dispose of a mineral a license must grant by the Minister; (vi) the Government has the right of pre-emption of all minerals. The cadastral system is dealt with in article 8. Mineral rights, including the qualification and procedures for the grant, applications, assignments, amendments to the licenses, and obligations of holders, are the object of articles 9 - 16. Art. 17 states that a holder of a mineral right may obtain, divert, impound, convert, and use water from a river, stream, underground reservoir, or watercourse within the land the subject of the mineral right. Protection of natural resources, public health, and the environment is a must for the holder of the mineral right (art.18).
The Act empowers the President to compulsory acquire land for the development or utilization of a mineral resource but the Minister may declare land to be reserved from becoming the subject of an application for a mineral right. The Minister may grant a reconnaissance licence, a prospecting licence, a mining lease, a restricted reconnaissance licence, a restricted prospecting licence or a restricted mining lease in accordance with provisions of this Act.
Before undertaking an activity or operation under a mineral right, the holder of the mineral right shall obtain the necessary approvals and permits required from the Forestry Commission and the Environmental Protection Agency for the protection of natural resources, public health and the environment. The Act makes mention of an environmental impact statement of a licence holder and contains various provisions aiming at the protection of the environment.
The Act deals also with (i) public access to information (arts.20 and 21); (ii) fees and royalties (arts.22-26); (iii) dispute resolution (art.27); (iv) reconnaissance license (arts.31-33); (v) prospecting license (arts.34-38); (vi) mining lease (arts.39-46); (vii) procedures in case of discovery in the course of mining operations of a radioactive mineral (arts.62-64); (viii) surface rights and compensation (arts.72-75); (ix) industrial mineral (arts.76-80); (x) small scale mining (arts.82-99); (xi) register of mineral rights (art.103); (xii) license to buy and deal in minerals (art.104