Minerals and Mining Act, 2006 (Act No.703 2006).
Country
Type of law
Legislation
Abstract
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 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)
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)
Attached files
Web site
Date of text
Repealed
No
Source language
English
Legislation Amendment
No