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MINES AND MINERALS ACT( CHAPTER 21:05)

 

 

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

  1. Short title.
  2. Rights to minerals vested in President.
  3. Acquisition of mining rights.

PART II

ESTABLISHMENT AND FUNCTIONS OFMININGAFFAIRS BOARD

  1. Establishment and functions of Mining Affairs Board.
  2. Constitution of Board.
  3. Filling of vacancies.
  4. Remuneration of members of Board.
  5. Procedure of Board.
  6. Powers of Board in relation to applications.
  7. Witnesses may be examined on oath.
  8. Penalty for obstruction.

PART III

REGISTEROF APPROVEDPROSPECTORS

  1. Register of Approved Prospectors.
  2. Application for registration as approved prospector.
  3. Expiry and renewal of registration.
  4. Cancellation or suspension of registration.
  5. Effect of expiry, cancellation or suspension of registration.
  6. Duplicate certificate of registration as an approved prospector.

PART IV

ACQUISITION AND REGISTRATION OFMININGRIGHTS

  1. Prospecting licences.
  2. Appointment of approved prospector as representative of holder of prospecting licence.
  3. Duplicate prospecting licence.
  4. Duration of prospecting licence.
  5. Holder of prospecting licence to be 18 or older.
  6. Sale of prospecting licence forbidden.
  7. Land open to prospecting.
  8. Rights of prospecting and pegging conferred by prospecting licence.
  9. Cancellation of certain rights to timber conferred by certain title deeds.
  10. Surface rights of holder of prospecting licence.
  11. Meaning of “land under cultivation” and “permanent improvements”.
  12. Ground not open to prospecting.
  13. Disputes between landowners and prospectors.
  14. Registration of arable land.
  15. Roads and railways may be included in location under certain conditions.
  16. Reservations against prospecting and pegging.
  17. Reservation of timber on application by landowner.
  18. Reservation of timber on instruction of Minister.
  19. Notice of intention to prospect.
  20. Hours of pegging and posting notices.
  21. Manner in which notices to be posted.
  22. Prospecting notices.
  23. Discovery of minerals or precious stones.
  24. Pegging of precious metal, precious stones or base mineral blocks.
  25. Registration notices.
  26. Registration of blocks.
  27. Numbering of locations.
  28. Pegging of sites.
  29. Registration of sites.
  30. Sites to be attached to location.
  31. Cancellation of certificate of registration.
  32. Beaconing of locations.
  33. Survey for excess areas.
  34. Excess areas lawfully pegged.
  35. Excess areas not lawfully pegged.
  36. Determination of number of claims in block.
  37. Re-adjustment of internal beacons of groups of base mineral locations.
  38. Wilful overpegging.
  39. Impeachment of title, when barred.
  40. Lost certificates of registration.
  41. Address to be given to mining commissioner.
  42. Obligations of partnerships and companies.
  43. Cancellation of certificate of registration without abandonment.

PART V

PROSPECTINGAND PEGGINGON GROUND RESERVED AGAINST PROSPECTINGAND PEGGING

  1. Interpretation in Part V.
  2. Application for authority to prospect on reserved ground.
  3. Procedure on provisional approval.
  4. Grant or refusal of application.
  5. Board’s powers in regard to application for authority to prospect.
  6. Extension and amendment of authority granted under section 67.
  7. Board may authorize more extensive prospecting operations.
  8. Extension and amendment of authority granted under section 69.
  9. Holder of authority may apply for order.
  10. Grant or refusal of order by Administrative Court.
  11. Persons to whom copies of order to be sent.
  12. Authority or order may not be ceded.
  13. Rights of holders of authorities and orders.
  14. Revocation of authority or order.
  15. Approval of transfer of mining location.
  16. Forfeiture of mining location.
  17. Withdrawal of reservation.
  18. Compulsory acquisition of land by holder of an authority or order.
  19. Factors to be considered in fixing price.
  20. Relinquishment of rights under an authority or order.
  21. Board’s authority required for acquisition of mining title in certain circumstances.

PART VI

EXCLUSIVE PROSPECTING RESERVATIONS

  1. Interpretation in Part VI.
  2. Application for order.
  3. Hearing of application by Board.
  4. Board’s recommendation in respect of application.
  5. President may approve or refuse order.
  6. Issue of order.
  7. Rights granted under order may not be ceded.
  8. Limitation of area of reservation.
  9. Duration of order.
  10. Challenge of validity of order, when barred.
  11. Submission of programmes of work.
  12. Deposit by concession holder in respect of longer period.
  13. Powers of Board in regard to programmes.
  14. Failure to submit programme.
  15. Report by concession holder on work carried out.
  16. Failure to complete programme.

 

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