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CHAPTER 21:05
MINES AND MINERALS ACT
Acts 38/1961, 24/1962 (s. 2), 18/1963 (s. 24), 19/1963 (s. 12), 7/1964, 22/1964 (s. 54), 10/1966, 9/1967 (s.
17), 30/1968 (s. 38), 17/1969, 61/1969, 80/1971 (s. 33), 39/1973 (s. 52), 46/1973, 15/1975, 22/1976, 41/1976,
42/1976 (s. 10), 48/1976, 7/1978, 8/1978, 41/1978 (s. 12), 15/1979, 32/1979, 37/1979, 29/1981, 20/1982,
26/1987, 8/1988, 9/1990, 14/1991, 3/1992, 22/1992 (s. 9), 10/1993, 10/1994; 9/1997 (s. 10); 12/1997 (s. 15;)
22/2001 (s. 4, 12/2006 (s. 46); 10/2009(ss34-44); R.G.N.s 153/1963, 801/1963, 214/1964, 386/1964, 216/1970, 217/1970, 313/1970, 88/1974, 1135/1975.
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY Section
- Short title.
- Rights to minerals vested in President.
- Acquisition of mining rights.
PART II
ESTABLISHMENT AND FUNCTIONS OFMININGAFFAIRS BOARD
- Establishment and functions of Mining Affairs Board.
- Constitution of Board.
- Filling of vacancies.
- Remuneration of members of Board.
- Procedure of Board.
- Powers of Board in relation to applications.
- Witnesses may be examined on oath.
- Penalty for obstruction.
PART III
REGISTEROF APPROVEDPROSPECTORS
- Register of Approved Prospectors.
- Application for registration as approved prospector.
- Expiry and renewal of registration.
- Cancellation or suspension of registration.
- Effect of expiry, cancellation or suspension of registration.
- Duplicate certificate of registration as an approved prospector.
PART IV
ACQUISITION AND REGISTRATION OFMININGRIGHTS
- Prospecting licences.
- Appointment of approved prospector as representative of holder of prospecting licence.
- Duplicate prospecting licence.
- Duration of prospecting licence.
- Holder of prospecting licence to be 18 or older.
- Sale of prospecting licence forbidden.
- Land open to prospecting.
- Rights of prospecting and pegging conferred by prospecting licence.
- Cancellation of certain rights to timber conferred by certain title deeds.
- Surface rights of holder of prospecting licence.
- Meaning of “land under cultivation” and “permanent improvements”.
- Ground not open to prospecting.
- Disputes between landowners and prospectors.
- Registration of arable land.
- Roads and railways may be included in location under certain conditions.
- Reservations against prospecting and pegging.
- Reservation of timber on application by landowner.
- Reservation of timber on instruction of Minister.
- Notice of intention to prospect.
- Hours of pegging and posting notices.
- Manner in which notices to be posted.
- Prospecting notices.
- Discovery of minerals or precious stones.
- Pegging of precious metal, precious stones or base mineral blocks.
- Registration notices.
- Registration of blocks.
- Numbering of locations.
- Pegging of sites.
- Registration of sites.
- Sites to be attached to location.
- Cancellation of certificate of registration.
- Beaconing of locations.
- Survey for excess areas.
- Excess areas lawfully pegged.
- Excess areas not lawfully pegged.
- Determination of number of claims in block.
- Re-adjustment of internal beacons of groups of base mineral locations.
- Wilful overpegging.
- Impeachment of title, when barred.
- Lost certificates of registration.
- Address to be given to mining commissioner.
- Obligations of partnerships and companies.
- Cancellation of certificate of registration without abandonment.
PART V
PROSPECTINGAND PEGGINGON GROUND RESERVED AGAINST PROSPECTINGAND PEGGING
- Interpretation in Part V.
- Application for authority to prospect on reserved ground.
- Procedure on provisional approval.
- Grant or refusal of application.
- Board’s powers in regard to application for authority to prospect.
- Extension and amendment of authority granted under section 67.
- Board may authorize more extensive prospecting operations.
- Extension and amendment of authority granted under section 69.
- Holder of authority may apply for order.
- Grant or refusal of order by Administrative Court.
- Persons to whom copies of order to be sent.
- Authority or order may not be ceded.
- Rights of holders of authorities and orders.
- Revocation of authority or order.
- Approval of transfer of mining location.
- Forfeiture of mining location.
- Withdrawal of reservation.
- Compulsory acquisition of land by holder of an authority or order.
- Factors to be considered in fixing price.
- Relinquishment of rights under an authority or order.
- Board’s authority required for acquisition of mining title in certain circumstances.
PART VI
EXCLUSIVE PROSPECTING RESERVATIONS
- Interpretation in Part VI.
- Application for order.
- Hearing of application by Board.
- Board’s recommendation in respect of application.
- President may approve or refuse order.
- Issue of order.
- Rights granted under order may not be ceded.
- Limitation of area of reservation.
- Duration of order.
- Challenge of validity of order, when barred.
- Submission of programmes of work.
- Deposit by concession holder in respect of longer period.
- Powers of Board in regard to programmes.
- Failure to submit programme.
- Report by concession holder on work carried out.
- Failure to complete programme.
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