Mines and Quarries Act - Act no. 7 of 2005.

The purpose of this Act, consisting of 123 articles, is to provide for the exploration of minerals, for the conduct of mining and quarrying operations and for incidental and correlated matters. The area of application of the Act extends to the land beneath the territorial sea, the seabed and the subsoil of the continental shelf of the Gambia, but it does not apply to the exploration for or production of petroleum. The Act defines the relevant terms, including: building material; continental shelf; development agreement; disposing of tailings and waste rock; environment; extracting; land; mine; mineral; prospecting operations; quarry.
The Act gives the State the entire ownership and control of all minerals and watercourses of Gambia where minerals may be found. Without specific authorisation and designation by the Secretary of State, prospecting, mining or quarrying operations are forbidden. The Act specifies the conditions for applying for licenses and for the granting, assignment, cancellation and surrender of licenses, for their effects and retention, in case of major and minor mining operations. Certain conditions may be imposed by the Secretary of State, including: protecting the environment of Gambia and the State’s mineral interests; declaring a reserved area for minor mining operations. Similar provisions concern quarrying operations.
The Act concerns the conclusion of development agreement with licensees, in order to provide for measures related to fiscal stability of a long term mining project and payment of royalties and fees, environmental matters, settlement of disputes. Concerning mineral rights, the Act provides for their definition; the obligation to insure for the holder of a mining or quarrying permit; limitation of liability; obligations of land owners; compensation for damage of crops and trees; powers of chief geologist, including: entering the premises for inspection, inspecting records, seeking evidence of offences; settlement of disputes; making rules in respect of the hearing of disputes. The Act also concerns dealing and possession of restricted minerals and measures related to; offences and fines; administrative provisions and power of arrest and seize minerals and instruments; compliance with environmental protection; Secretary of State’s power to make regulations to implement this Act; transitional provisions.