P.N.X).C.L 153,

' AM) = G MW, 1986

of th$ ~ra~sional. N a t i o q a k D e f (Establish-

PAET I-OWrmsm~ OF M m - VD G O ~ N M B N T WT OF PRDEMP~oN

1. Every mineral ia its natural Btate in. uuder or unon a w h d mmherdp' in Ghana, rivers, streams, water-courses. throughout Ghaaa the .

excIusive er:oaomic zone and any area covered by territorial waters or contined,tal shelf is the property of the RepubLic of Ghana and shall be vested in the Prqvisivnal National Defence,Council for and an W of the people of Ghana.

:2. W h e ~ I d is reqSed to .secure. the dendqmermt or C o m e r y utilisation of a mherd.resource the Couad may acquire the land ~ ~ s l t l ~ n

or authorise i t s occupation and useunder any apglicable~wactment of land. for thc (iioc*&iug iu f~rse.

'3. (1) E b R t as otherwise provided h this Law or any other mttat ion enactment, no person shall export, sell or ~therwise,dispose of any z&FCsf mind unless he holds a licence granted by the Secretary for that purpose.

(2) 'An application for the,liceitce.dl be made in writ* to the Secretary in a ~ r h d t h such regulations as may be pres- cribed.

(3) 'K'hc Secretary may issue *the licence in su& form am! on such mdtions as he may determme.

(4) A licenoe issued under subsection (3) of this section shall nnt be tmnsferahle?.

4. (1) The Government hall have the right of of all Gown- minerals raised, won or obtained in Ghana slnd from my area Jmgidt covered by tenitorid waters, exclusive economic zone, or the m-, mption. tinixtal shdf and of products dcrivcd ~SVIP the & k g or trcatnleut of 8UCh dll@~.

(2) .The ~ o k & m m m a ~ , by an Executive Instrument, appoint any statutory co~poration to act as its agent for the exercise of the right ot' pre-emption rdnFerred by krbrectim (l) of this section.

5. (1) The price to bwpaid for minerals or products taken m the ~ripa to be exercise of the right of pre-emption under section 4 of t.h& i s w P& on . shalt- pmmptron.

(a) where it ha3 been provided fdx in ;a wri>ten apment, be the p* specified therein; and

MINERALS AND MINING LAW, 1986

[b) where it has not bew prwidcd for in a writtbn agree*

Inenty th%rbl icly quoted market rate prevailing for the min s or products as delivered at the mine or plant where the right of prsepptioa i respect of the minerats or products was exerused.

(2) %we there is no such agreomont or prevailing market ate, the p m shall be decided upon by an arbitration appomted mder the Arbitration Act, 1x1 (Act 38).

Risht of. 6. (1) The right of'&?-emptioa under section A of this Law shall ,YE$': extend to all minerals Or products sold to other customers by the minerals person against wham such right is exercised, but which havs-not already wld. left the boundaries, tedtorilrl watersor air sp&c.c of Ghana.

(2) The price to be paid for such minerals or products W bethe mte grovidedfor section 5 ofthis LBWOC the actual.mtpw price at which such minerals OF pr~dwts were sdd, whichever is less, together with-

(Q) the acrud cost of trmsportaT.ion from & m& or plant to the port, railway station or l d t y to which the miaerds or product^ were taken in the exercise of the right of pre-mpt1~1;

(b) any actual penalty or damage which the person againet whom the righ$of pre-emption is aerdsd may prove that he has suffered by reason of any andat ion or alteration of sea, rail, road or air airtransportation or of chatter of vessels or planes for the transportation of the miuerals or pruduct~; a d

(c) any actual cost bfiasw8aoeof theminerd8 or products. (3) Any penalty or cost of w e payable by virtue of para-

graph (b) of subswti& (2) of this section, shall be paid only in rwpeot of a charter or frei.&t agreement ontored into for rsprrhcular voyage w despatch by sea, Jr, rail. or ~oad and net in respett of a general charter or freight agreement for my prospective voyage Or dmpatcb.

o t ~ , ~ ~ t ; o ~ 7. (1) Any patson wha obstruote the Government or .its a p t b a e - from exercising its right of pre-emption h respect of atay &L&

f&"b,'$,,n, or products under this ~ a w commits an OE- a d s~ on sum- mary conviction be liable to a £me not exceeding $T500,000.00 or to imprisonment for a term not exceding two years or boa.

(2) Where aay person is convicted of an o f f a under subsec- tion (1) of this section, he shall in addition to any other punishmat that the Court may impose, be tiabk to pay ad amount equivalent to twice the value of the minerds or products and to the mPoeUation by the Secretary OF any mineral right held by him ugder t h i n Law.

MlN.ER4LS AND MINING LA W, 19sd

8. (1) mare a nlinoral right is for rccannaismncc, ptospcotiag Governmeat

or n im i of m i a d s , the Gowmmont shall acqnire a ten per cent ~~~- iaterest in the ri&ts and obIigations of such mineral operations in msped. of which no financial contribution $hall bo paid by Govem- mmi.

(2) Tb.e Govommt sh& have the option to acquire on such terms as SW he agreed upan between the holder of a mining lease and the Government a further twenty per cent interest in the rights and obligati% in ay Wing opxations wbre any minesd is dis- oowred is o ~ n m e r c i d quantities m p t that where the operation is for the mining Q? salt, the Govern& shall have the option to acquire a further forty-five per cent interest in thesalt operations.

(3) Where the parties fail to agree on the tarms of the acquisi- h by Govern- of any intmest in any mineral operations under this section, the matter shalI be r e f e d to arbitratio~l in amordance with section 31 of this Law.

(4) The provisions m subsections (I) and (2) of this section shall not exclude the Government from further participation ir any mintral Opratioas and tlny furher pcrmti+ativu Sal1 bs wdca su~ l l terns as the parties may agree.

PART 1 1 - A D M I ~ ~ A T I O N 9. The Secretsry &all in cansultption witb the Minerals Corn- aid

mission appoint an officer to be kmw as the C M Inspector of InSWtor of Mines who shall exmi~e the powers and perform the functions speci- 6ed in relation to bim under this Law, and who shall,under the dim- tion of the Secre-, generafly s u ~ v i w the proper carrying out of the PrQV&fon$ O f thls -W.

10. (1) T b Chief In or bf Mines or ~ f s ~ wthorised by Fununctimr of W may at au r.rumb=es Enter my ~ r r n a i s o c c . prospect- aid mg or mining area or my premises in such area other than dwelling $ E ~ ~ ~ ~ fiausc, fw any of the folIowiug purposes -

(a) to bmk up the adace of land h such ara for the se of ascertaining the rocks or d w d s in or

:xtbs h d ; jb) to take samples or specimen aE rocks, ore or concen-

trates, tailings or minerals situated in an area wder a mined right forittspestion ar assay;

(c) to inspect tbe explosives msgszine upon any miner and direct in whsf mstwm my explosives sball be stored;

(a) to mspect the a m of mmr& operations to ascertain w b t k any nuisaace is m t e d in the a m by the mineral operatims;

(e) to emmine documents and *or& required to be kept under t h i s Law, any te&atims made thereunder or

MINERALS AND MINING LA W, 1986

me terms and conrtmns ot any mueral right and take copies of such documents:

(fl to mter into or upm ay laad through whicb it may be necessary to pass for tbe purpose of a y survey; or

(g) to give directions and effect aI1 acts that are incidental or m d u c i ~ e to the attainmat of his fu11~tim~ mder this Law.

(2) The Chief Inspector of Mines or an officer authorised by him shall have power to hold an inquiry wheae~es a lke or an occur- rence resulting in serious injury happens on any l a d subject to a n k e d right.

Mines 11. ( 2 ) Tbe holder of a mhmd right ha11 at all tim& have a Manager. . responsible mauagsr in charge of his mineral operations.

(2) The holder of a mineral right shall notify the Chief Ia%pec- tor nf Mines in writing of every appnintmenr nf a rnmqeer and of every change of a manager.

o h ~ m c ~ h 12. Any person who, without reasmsbie excuse hinders or ohttiicts the Chief inspector of Mines or an officer authorised by

of M,,=. ~ r n from carr ' g out q y of his functions wide: @is b w commits an offewe m22a~ he h b ~ e on summary coav~caan ta a k c not exceeding 9100,000.00 or to imprisonment for a term not exceeding twelve months or to both.

~WIIY 13. The Chief Xnqector of ~ i n e s or ap offiw authorised by him of &U nu1 be llable for any tllhg done or brained ro be done fll good

faith in the exercise af his powers or functions under this Law.

M~neral 14. (1) Notwifhstanditagr any right or title which any person m y have to any land in, upon or unda which minerals are situated, no person &all conduct recomaissauce of, prospect for or miue any mineral in Ghana unless he has been granted a mineral right by the Secretary in the form of a liceace or lease as the case may be.

(2) The Semtary shall on behalf of rhe RepubIic have power to negotiate, grant, revoke, suspend or renew any mineral right under this Law subject to a power of disallowance exercisable by the Cowcil within thirty days of such g m t , revocation, mpausion or renewals. The powers of the Secretary under this subsection shall

exercised on the advice of the Minerals Commission.

wifimtio,, 15. Except for such persons as may be bxempted by the Secretary for the grant ofl the advice of the Minemls Commip~lm except as otherwise ofm'nd righ(s. provided in this UW, no prsan &ilU qualify for.thc grant af a

mheral rlght unless it is a body cmporare or an unincorporated body of persons registered or established Ghma under an enact- ment for the time,bcing in force.

MINEIPAS AND MINING LXW, 1986

16, (I) Subject to the prtlvisinns of this Law. a mineral right shall Tern af a be granted by athe Secretary on such terms and conditions as the 7;;: Secretary may on the advice of the Minerals Commission determine,

(2) Without prejodica to subscciion b) of this section mineral right shall specify the shape, orientation and dimms~on, incfudiug diagram and plan of the area to which it relates and shaIl have appended thereto a programme of mineral operations approved by the Sectctary.

17, ( 1 ) All ~pplir~tinnq fnr the grant, reWcation, rrur;pension Or Applknrinn renewal of a mineral right shall be submitted to the Secretary in accordance with such regulations as may be prescribed.

(2) AU applications for the grant or renewal of a mineral right shall have appended theretoastalement niving-

(a) particulars of the h a c i a ? and t m i c a l resources avdable to the appIicant for the mineral operatims;

(b) an estimate of the amount of money proposed to be spent cm the operations;

(c) particulars of the programme of proposed mineral operations; and

'(4 particulars of the applimt's proposals with respect to the employment and training of Ghmaians.

(3) Copies of every application shall at the time of submis- sion of the application to the Secretary be forwarded by the appli- cart to the Minerals Commission, the h& Commission, the Forestry Commissia~ in cases whexe forestry resources we to be nffcoted by the m i n d operations e~visaged, and the hblic Age- m a t s B M .

B. (I) The Secretary shall notify the applicant in writdg of his omnt ,f decision on the application, a d where the application is approved, menl tbc oatEcat iom of &c approval W i~cl.udcthetmmsand aonditiono =& on which the mineral right is to be granted. and noti6ca-

. (2) Where m applics~ti~n is approved and the applicant is Of

~ t i f i e d under subsection (1) of this section, he sbl l witbin sixty days of the date of the notification or within such furfhes period as a e S a w may allow, notify the S m e t q in vmtiug of hrs acceptance ofthe gat.

(3) The Secretary shall upon receipt of the notification of acceptanceunder $ubsection (2) of this section, grant a mineral right to applicant.

(4) Where an appliant who has ken notified under this d o n fa$ to hotify the Secretary of his acceptaue in inaccordance with sub- e~t i f in (?) nf thiq wrtihn the nnnliratinn ckoll 1-n-p

MINERALS AND MINING LAW, 1986

(51 A mineral right granted the Secretary pder this section shall be deemed a requlslte and suikient authority over the laud in respect of which the right is granted.

Tramfa Or 19. NO mineral right or any interest th'er:eia shall be transferred, assignment or rnin-I assinn& or dealt with in m y ~ t h e r manner without the prior a m - ribtr . val in writing of the Secretary.

No removal 20. (1) The holder of .a mineral right shalt not remove or destroy of any m e r a l obtained by him in the course of his mineral operations

witho~~t the permissim in ofthe Chief Inspector af Mines. (2) Any permission w t e d under subsection (1) of this

sacton PM be on such wdifion'~ as the cbjef Xnspctm of may determine,

(3) Notwithstmding the provisian in euhsectinn (I) of this section, coxes and,+$es.rnay be retained by a holder for the purpose of assip, idgppgrioa or analysis of the mineral.

(4) Where arry w ~ e or sample is retained under subscctian (3) of this swtim, the holder shall maintain in respect of the core or sample $U& m ~ u b r s as (he Chief Inspector of Mines mlry,.in consultation with the Director of Geological Survey determe sufficient for the identification of the core or sample and the location and geologicd horizon of its origin.

wcsnur for 21. (1) NO person shall obtain, &v&, impound or canvey water ! from any river, sfxeam m watercourse for mining or other industid

purposes without a licence granted by the Sekretary for that purpose. (2) An application for lime under this section shall be

made in writing to the Secretrrry in accorcbee with 611th reguhtiono as may be prescribed.

(3) A licence for the obtaining, diverting, i m p o ~ d i n g or conveying of water Fxom any river, swam or watercourse for mining tw other industrial p ses SW be issued by fhe Secretary ro sum tom and on such o o ~ o n s as he may detammc.

(4) A licence issued lmder subsection (3) of this &ion shall sot be transferred without the prior approval in writhg of the Secretary.

PART IV-TAXES, INCENTIVES AND BENEFITS

~ ~ y a l t b . Fa.. (1) A holder of a minmg lease shall be liable to pay to the Republic royalty h respect of minerals obtained by him from his mining operations.

(2) The Secretary W 6n the @ice of the Minerals Com- mission d e t d e the rate of royalty payable under this section bv the llnlder of x mining Iease. provided zhat the Mte of royalty

7 P.N.D.C.L. 155.

payable ahFlll not be more thm 17 per m t or Jew t h n 3 pep cent af the total revenue of kiwi& obtained by t b hoIder from his d i n g operations.

(3) Notwithstanding the provisiuns in subsections (1) aud (21, the Swreeary may in consultation with the W o r r y for Finance and Wnormc Ylaaatng and on the aim= of the MmmUs Uomrmsslaa defer wholly or in part the royalty payable an aay mineral for such period as he may determine where he is satided &at it is the national iateyest md in tbe interest of the production of such m i n d RD in do

' (4 Samples Of minerals required fol: W y , analysis or other examination may beexempted from liability for royalties at the dis- cretion of the Smetary.

23. (1) A holder of a mInIng Iease sbaU pay inoom tax at xhe pay~leor rate of fosty-3~e per m$ (45 YJ. o f Tax.

(2) The holder of a mining 1.s.a &&U be Liable to pay Addi- tional Frofit Tax as provided uada the Additional Profit Tax Law, 1985 (P-N.D.C.L. 1221.-

24. There shall be payable by every hoIder of a mineral, right such ~entnt annual rental c h ~ g e s .amay be prescribed by reguZations in respect ehaz'eg. of the area to whrch ha Iscence or lease selah.

25. (1) Royalaics, fccs, mts or o t h ~ r paymmt3 which fall duo RGC+*~~Y

in res ect of any mineral right or otherwise under the provisions of of *W this &W sh.1 be a debt due to the Republie and recovsrabb in the court.

(21 The k t t ~ l ~ rftay. from time to time make such arr.ange- ments as appear appropmte to ensure that the holders of mmml rights comply withthe provisions of this Law9 and, without prejndice to the generaliw of the foregoing may accept guwanteos, whether from shareholders or otherwise, in ~ s p e c t of such complianoe.

26. 'The holder 01 B mmmg lease sMU whae qualified be ent~iled tapbtu to the following capital allowances- altowances.

(Q) depreciation or capital allowance of 75 per mt of the capital ekgdture iamrred in year of investmat and 50 per cent in subseq~~ent yaats;

(b) losses in each -Gal yea? not exceeding the valu~ of capital allowances' for the year may be carried' forward;

(c) -investment allawaace of five per cent; (d) capifahtim Of all expenditure on tecowissance

aad pmpacting approved by the Secreay w the advice of the Minerals Commission where the holder ..*h.,," A-*->---

P.M.D.C.L. 153.

MINERALS m D MINING LAW, 1986

Additional 27. The &l@ of a mineral right dull be granted the following benefits as appxopriate-

(@-exemption from payment ef customs import duties in respect of plant, machlaery, equipment and awe~o& mportecl SpeClhCally. end txduuvely for tbe com- menoement of the mineral operations and may after establishment, receive additional relief from payment of customs and excise duties as provided in the Mining List :

(b) exemption of staff from payment of income tax relating tp furnished accommodation at the mine site;

(c) immigration quota in respect of the approved number of expatriate personnel;

(4 permal remittance quota for expatriate personael free from any tax irnpased by any enactmert for the transfer of extend currency out of Ghana;

(e) exemption from the s&ive alien employment taxuudet the Sehrive Alim Employment lCnx Dccrcc, 1373 (N.R.C.D. 201).

ncrerment 28. The Secretary for Fiaance and Economic Planning in consul- of stamp tation with tbe Secretary may defer wholly or in part the payment duty. of rcgistratim aad stamp dutics fox a p ~ ~ i o d uot oxwcdhg five

years where.th Secretary is satisfied that the circumstances pre- vailing at the time of the application for the benefit justify such deferment.

lransfer- 29. (1) What: Ulc: hoIder of a mining lease earns foreign exchmge aUlityof from his mining operations he may be permitted by the Bank of

Ghana t~ retain in an e x t d m o u n t a portion othis foreign exchange earnings f ~ r use in acquiring spare paas and other inputs required for the mining operations which would otherwise not be readily available without the use of such earnings.

(2) Where the net earnings of a holder of a mining lease from his mining operations is in foreign exchange he shall be permitted by hthe Secretaryfor Finance and Economic PLannitlg, in consultation with thc Oc-tary %ting & h od~Luaf * G Mina& Cv&iuu, to retain in aa external munt , not less than 25 per cent of his foreign exchange earnings far a q u h g machinery arrd equipmm Spare parts and raw wterials as weU' as for debt servicing, dividend payment and remittance in respect 6f quotas for expatriate pemn- llcl*

(3) +I external account operated by virtue of subsection (2) of this sect~on shall be held in trust on behalf of the holder by a trustee appointed by the holder with the consent of the Bank of Ghana.

M Z N E W .AND 986

30. &&but tu CLu. y~vriaiun of f h h Law a ~QUUC Q f a m i n ~ I m o e ~ c r y k = -r 6haU be guatant& free transferability through the Bank of Ghana :Ehds or b the case of a net forejgn exchaage earning hold? through the exteraal ~co0~11t opened with .the permission of tba Secxda~y for Firmre and E~onomic Planning in wavertible currency of-

(a) dividends or net profits attributable to the iavatments of such wnvertibIe curreracy;

(b) payments in respect of iaaa servicing where a foreign ?am has been obtained by the holder for his mining ~perahms ;

(C) the remittance of forGg capital in the evmt of ale or liquidation of the mirring operativns OT any interest therein attributable to foreim investment.

31. (1) Where asy dispute arises between a h o k of a minerat. right and th Government in respect of say matter under Part IV of this h w all &orts be M& through mutual discussion to reach m amicable settlement.

(2) Where any dispute arises b e t w w a holdm who is a c i t i w of Ghana aad tbe Government it, mpect of any matter under Part IV of this i s w which is not amicably settled as provided in subsection (1) OF this Section, the dispute may bs submitted to arbit~aticd for settlement in accordnnce with the proviriom of tthe: Arbitration Act, 1961 (Act 38).

(3) Where an dispute arises between a holder who i s not a c i t h of Ghana an the Government in respect of any matter under Past iV of this Law which is not amiably settled as prauidod subsection (1)vf this h t i o o the dispute may be submittedtoarbitra- tion-

(a) in accordance d th the m1es of procedure for arbitra- tion of the United Natiam Commissmn on Interm- tionaI Trade Law; or

(b) wit& the framework of any bilateral or sduItilatemI ageemat on investment pxote&on to wbrcb the Governmept md the country of which the holder is a national are pa~tim: nr

(c) in accordance with sky other htvaationd machinay for the setthent of investment disputes agreed to by

.the parties. (4) 4) ~he~ecretary on the advice of the Miqerals Commission

my specgy the particul~lr mode of arbitration to b resorted to in the case of a dispute relathag to any matter uadex Pafi N of this Law at~d S U G ~ sgecific~tiiw shall constitute theconseat of the Govanm~nt or the Agency thereof and of the holder to submit to that forum.

MINE:RALS AND MINING LA W, 1986

PART V + ~ ~ N N ~ C & AND PROSPBCTING

B ~ C Q ~ ~ ~ L F 32. (l) perso~l shall mirth for any mineral in Cfhm by s@lirrock reconaaissanw unless he is granted a mineral right ia the fonn of

r e w ~ i s s ~ m l i w by Secrdary., (2) Tbe Smetary may on application duiy made and sub-

jwt tothe p*ovkiom nf this JAW pant n reconnai~sane l i v n e (3) A remwi16- Emcernrry be graated for a period not

exceedhg twelve months. (4) A mnnaissance Licence may h k.spect of my mineral

to which the licence relates confer on the holder thereof an exclusive right to carry m raca~lnaissance for a specified mintrat ia the reccm- aaissance area.

Rearridon 33. (1) No recomaissance licence W be granted in respect of ua of an a m in or which cbastitutm-

skoc. (a) a prospecting area w~w.re another pepson holds in respect of that area a prospectin g Licence or a remimd prospecting liceace h rtspect of a mined to which the rtxmnais~~uce licence, if granted, wodd relate;

(b) a mining area where another person holds ut respect of that area a W i g lease ia respect of a mineral to which the m u n a i s s a m Iience, if granted, would date;

(c) a restricted mining a m where another person holds in respect of,Ethat area a mining lea= in respect of a mineral to which the recbmoissance licence, if granted, would relate.

(a 2 )ae an area is subject to a rmaissancs licence which confers on tbe holder Qmmf an exdusive right to caay on ran- over that area, for a specified mwa1, no other mnnaissanoe limce &all be granted over that area in mpect of the mineral to wbicb such exclusive right relates.

(3) Where an area to which a reconnsissaoce licence relates ~ m e s a mining a m or pact af a mining area the reconnaimce licence shall cease to have eff& in relation to such mining area. 34. (I) Subject to this LW, any reguhtions made thereunder

hdw d' md the mditims that may be stated ia the lioence a mansissame b w mated mdar this Law shall c m h OII the haider of the Iim tbe right to carry on reeonuaissanoe in the reconnslssartce aqm.

(2) For the purposes of exercising tbe right mnfened mder suWm (1) of this d m , the holW of a rtcoanaissanm licence may G V ~ W A i t 6 1 w ~ u d i b j 4 1 * k a and ~ x a t tom+* bui1&gs mcIWnp mstdktions ir my waters whicb form payi of the monuaissaace area.

MINERALS AND MINING LAW, 1986

(3) ' f i e ho1Qcr of rewwaimancr: &-'c: dull 001 augagc ia any driuiDg, excavation or otber under surface operations, except where such operatime are autborisad by Ibe licence granted to him.

35. (1) h holder of a recoanaimce licence m y , not later Apphhon than thrw months before th e,xpiratLW of the l i c e , apply for a F,'","* renewal of the licence in respect of all of part of the reconnaissance samI.hse. area.

(2) An application made under subwtm (1) of this section *ball bo la su& form as the Secretary may predbp.

(3 Where an application for the renewal of a remmaissance lioence is made mdcr this section,.tb Secretary may, if hs is satis- fied &at i t i s in the public interest to do so, retlew the licence wirb or without variation5 of any ofthe oodtims attached to the original licence.

(4) No rtwnnaissauce licence shall be renewed at any one tima for a p i p e r i o d exceeding twelve months,

36. {l) KowpersonkW.l p$spect fir nny mineraiin Ghana unless ~ r a ~ r k h g behasbeeP p u t e d a prospecting Iioerzce by the h f a r y . nfena.

(2) Subject to the provisions of this Law, the Secretary may on an applWoa duly made grant a prospwtrhg licence.

(3) fiubject to s u b d o n (5) of t h i s section ao prospecting IioencesbaU begmted for a period exoeedinghree years.

(4) Except a pravidd in subxttion (5) of th is section the size. of the arm in respect of which a prospectiag licence may be want& sknlt nnt ex& 150 sauare kjlometres in the amme.

Tbe Council may in of any parti+r graat of a prospectkg liceace where it considers it in the national hterest to ex& t b limits pro~ded in mhecfions (3) and (4) of thk section, direct that thegrant sbllexceed thesaid limits.

'

14) No prospectmg licence shall be granted by the Secretary unless-

(a) the appl iat has adequate fkmiat resources, technical competence and experience to carry on effective pros- pt iug *rat&%; .

(b) tbe proposed programme of prospecting operatians is adequate;

(c) c) a p p h t ' s groposat fur the ernplwat and train- ing of Chsnriiln mr6nnel me adequate:

(4 the applicant is able and willing to comply with the tmms and conditions applicable to the prospecting )i-; and

(e) the ~ 1 h t is sot h default,

MINERALS AND MINING LA W, 1936

(8) Where an area is subject to a pmsp~g. limoe, ao other prospecting MW &all be granted over land in titat am in respect of my h a I to which tpat pmqmting licence ?law.

(9) Where an area is subjeA to a reconnaissance licence which coders on the holder an exclusive right to carry on reoirnnaissauce in that area in temct of a amxifiecl miseral. a vmwtinp: Scence shalt not be gr~te;l in r q m i of the mineral to whi&sut:h GgcIusi~c right date% to m y person othe. than the holder of t h ~ rec~rInaibsatI~e

kamal of a 37. (1) The bolder d a prospeoting licence m y , at any lime but 0 r n ~ ~ I I n g m. not Bter than t6m months before tbe .expiration of the Bcenw,

apply to tha W o t a r y foe a tanawd of the ticettce.

(2) An app1'iation for renewal of a pospecting 5- s M state ths period for which the rmewa1,is mght a d shall be p m - paaied by suchdacuments~the Swzetilry may prescribe.

(3) Upon aa applhtiw duty mndc \m& aubwtbn (I) d thin section, the Secretary may subject to the prouisiom of this Law, g a t a renewal of the licence for a perid not exwechg two years.

(4) W e the ha& has made m application for a m w a i d the Licence over part of the a m rovered by the praspacthg licence and the licence m y expire befow i h w application is @mid the Secretary may extend tbe priod of validity of the pros ecting licence for such period as he may determine pending his Liroo on the application.

&tensloG or 31. (1) The Secretary may op the expiration of the p d o d of pprlod of renewal, and upon an appl~catron made, in that behalf, grant a * mewd of the 1i-m for a further. period not exceding two years.

(2) Subject to the provi8ioas of s u b i o n (4) of this &an and to any modification of the requirments contained m the pros- p ~ c t i a g l i ~ w , the prospecting area shitll, in the event ofthe reaewal of the licence in respect theof, b0 reduwd m s i i to eliminate thdrom-

[Q) at the end of the biljd paid uf th ha-, not lvsrrss half of the hitid area; and

(b) at the d d my period of renewal, haIf of t k r e mahing are&

(3) 7%~ holdnr ef B prwpcctiag lioeme &d prkr tu the end of each of the periods spec%& in subsection (2) of this section, indicate the area or arps to be shed off from the pro~mting area and, in default the Secretary Pall determine the area to be shed oft

MINERALS AND MINING LA W, 1986

Ejlw a holds twa or NW p ~ p w t i n g lbw$ for tha mineralor miner&, tha Secretary may, far the purposes of subsection (2) of this section consider the area coverad by these Jisenaes to k one area, *

38. (l) Subject to subsechas (2) and t3) of tttis section. the R&Uan of k o t a r y &fi not reaeW a prospecting h%ce ;F- awhtian

for orrenewal (01 the sppfidajlt h in default: of P-C- <@ the propased program of prospecting apratians to lug

be carried out dw'ing the period of renewal of the Iimw is madeqwk

for t b renewal d a prospecting licence on the graund that the applicant i s in &a& m1&

the Secretary h 8 gven theqppTicsint notr.ceto remedy the default and the opplimt has failed to do so nrith;l suck reasonable period as may bt p c i f ~ e d in the notice.

(3) No 8ppIicatim far the renewal of a p r q d g limce shall be rejected on the pound that the proposed progamme of operaticas is inadeqwk d e s s the a p p l i a has bec3tl givea an W i i t y to make appropriate amendments t* the p~ogramme and he has, within W& reawnabIe period as the Secretary may permit, fail+ to do so.

40. (I) Wbem in the course of exercising his right wder a pros- n i m ~ e d peotrng ~~cenoe, ?he holder dimvets any mine~a1 nor included ln hls ~ u c t * ~ lioena, he may apply ta the Sewetary for an a m d e n t of fsis ~~~~~$ prospiiner kmoe to include that m i n d . ~ i m s

(2) An applimti~4 for aq mmdment of a prospecting limoe ~ m d ~ quhcar)inn {I) nf tkia @fitinn shnll-

(U) &pc@ the mineral d i m d ; (b) state particulars of the situation aad the cu~~rn~tmces

of the discovery; and (t) h v i a p m d thereto a pro~osed Dropramme of pros-

pecting operatim h respect of W minerd. (3) Subjer;t to the provisions of subsation (4) of &is section,

the %aetary may p m i ! the amendment of ?he prospecting licence to include the mineral &wovered.

(4) No amendmeat of a pt'ospectmg licence shall be permitted under this soctiofl where a perm o k tban ~t appS1;;~t holds B mtmaW& licence h respect d the area with the right to mmmoitre for the Wvered.

41. (l) Subject tb the pfoVisiOn8 Of thls &W, the holder of a m pospwting lime may 2 the nrerciek d b w rights wder the jicmcc, hoger of ater upon any lahd to wbi& tbs 1i-m relate+-- E'ztw

{a) to pmspect for the mineral to which the licence &at@;

M?NER ALS AND MINING T,A W, 1.M6

(h) to m& boreholes and such excavations as may be neaessary;

(c) erect camps and put up temporary buildings nects- u ~ y fur proupwring uperalivns.

Obllsation 42. (1 ) The blder of a prospecting licence shd- of hoI& of a prospactme (a) wmmems prospecting opratio~s withh three months ~ioem from the date: of the issue oithe licence, or at such time

as the S-ry may specify; (B) dema~ate and keep h ~ r m t d the ~prespfzhng area

in the p m d b e d manner ; (c) carry on prospecting operations in acmdanoe with the

promamme of vrospeCting operations: (d) no* the Secretary through the Cbid Inspector of Mines of my discovery of the mineral to which his prospecting limce relates within a period of thirty days from the date of discovery;

(e) nutm the Secretary rhrough the Chid Inspector of Mines of the dimvery of any mineral deppsit which js of possible economic value within a penod of &ty days from the date of discovery;

in fill back or otherwise make safe to the satisfactifin nf the Chief Inspector of Mines any borehole or exca- vation made during the course of prospecting opera- tiom ;

(g) unless the aid Inspector of Mines otherwise stipulates, remove, within sixty dnya from thc datc 01 tfic c x p h tion of the prospecting licence my amp, temporary buildings or machinery erected or idstalled by him, and repair or o tw i se m& good damage to tbc surface of the ground msioned by such removal, iu tbesatW%tion of rhe CRief Inspector of Mines;

(h) subject to the conditions of the prospecting licence, expend m prospecting not less than such amount as may be a p d e d in the prospecting liceace;

(i) a t b i t to ~ l w h p h c o n e at i n f d ~ ati may & pmscribed, ~eprts or other documents containing such informauon and supported in such m n e r as may be pmcribed.

(2) h y monies required to ba spent under paragraph (h) of s u ~ o d (1) of this d o n and which are not so spent shall be a debt due to theRepublic and recoverable fmrn tbqi holder in thecourt.

(3) The holder of a prospecti~g Iicence shall h p , to the satisfador of the Secretary, full and m a t e of the pros- pecting operatie nhnwing such p t i m ~ h r s as ihe S e t a r y . may pmcribe.

MINERALS 'AND MINING U W, 1986

p bolder of a pros-g lma W at lust once io every our months furnish the Secretw with copies of the rmgds kept by h m Wer ~s section.

(S) Records firrnished to the Secretary mdet subsection (4) of tbis section &U, as long as the Roldm or his successor-it.-titb retaios the prospecting licence over the area to which the mc~rds tclaleh h d d ay WUG~GIIIIE~LJ w d sit& not be divulged wiZhOUr the consent ofthe Bolder.

(6) Nothing in this d o n &U probibit the disclosure of any ooniidential informatib~--

(a) where such did~sme is necessary for the purposes o£ thii h or any other en8ctment;

(b) for the purposes of a p~secutior uada this Law; (c) to my parcon baing a coadtaot to or ap O%CET

employed by the Comcil who is authorised by tELe to receive such confidential information.

8. (1) The holder of a prosptxting lioenoe shall notify the Secre- $=zdm=nt tw of any amondmmt he d o h s to make to his pgrdmmc of mwpf sopspecling operations and such amurdmmt shall, utl1ess rdmted Q ~ W I W

f y the S&I?&L~ dthh two m~ntbs, .t)a ha ha bao notified, have effeut after that period.

(2) The Secretary may, upon au appliwrion mode to him by the holder af a proqectiug licam, h i t or wspxd the obligation of the holder to carry m prospeoting aperatioas under such tarns and*conditions as he may on the advice oftbe M'merals Commission determine.

44 (1) Whem a holder of prepecting licence has established Minards that a mineral to which his licence relates exists in commercial qusattws wthn the grospwtlag ara he shall nottfy the SmezaPy of this in w r i t h g and may apply to the Secretary in writing for a rnlarng b. mining lease in mspect OF the land which mstit~tes his proqxctidg asd.

(2) Au appllciltlon wder subsedtioa (l) of sWU be made mt hier tbm three months from the date of the notice or within sucb fbitberpuiad as the SBCntary may detamine.

(3) Subject to the pmvisiane of tbis l a w , upon an application duly madE un&r duba~itian (1 ) of Qis sation h hetay shall grant fho applicant a mining lease on sucb ccmditions as h may deteree.

M I N b R A L S AND MINIrW LA PP; i88q

Application 45. (1) Whece a person other rhan.tha bolder of a prospecting a mining licence establishes to the satisfaction of the Secretary that min-l

in co-qciaI clua~ltities exists in any .!and, thp person may apply ;%sting for a m l n g Iease over that land, natw~tbstmdmg that such person , does not hold a prospecting Ijcenseover that land.

(2) Upon an application duly made under subsection (1) af *hie ~ectinn the Swretary may grant the applidant a mining lease on such conditious m he may w the advice of the Minerals Com- mission determine.

(3) No miuing lease shall be granted under thk section in respect of m y land which is hdd hy another person-

(a) &er a mining fease of a restricted mining lease;

(b) .under a p r o p t i n g Licence or a restrict& prospcting licence;

(c) undet a reconnaissaacs licence which giv& the holder exclusive rights id respect of a speczed minerd'and the applicattan for a mining lease has been made in respect of that mineral.

Dualion. *. ( 1 ) Except as provided in subsection (3) of this section, a %n$&. rniarng lease shall be valid for a period not emceeding thirty years.

(2) Except as provided in subsection (3) of this section the size of the aeea in respect of which a mining Ipnw may he ~ a n t e d shaU not ex& 50 square kilometres for any grant or in the aggre- gate 150 square kilametres.

(3) The Council may ia respect of any particdar grant of a mining tease where i t considas that it is in the national interest to exeed the limits provided in subsections (1) md (2) of this section, direct that the grant shaU exceed thefsaid Limits.

(4) A mining lease shallnot begranted to an applicant unless- (a) The proposed programof n ~ i u g u ~ r a t i u ~ s submitted

by himensuxos the most efficient, b & c i a I and timely <m of the m i n d r e 3 ~ ~ ; e s concerned;

(b) the proposed programme of mining oprations sub- lnittcd by him takos proper account of environmental sltfety factors;

(c) the area of land over which the mining lease is mu&t is not h excess of the area reasonably required to carry out the propns~d ppmn.@mmp: of rniriingoperations: .

{d) the applicadt is ~t in dekult.

(5) The Secretary shall not reject an application for a mining 1- made under Ehls Law-

(a) On & 8~0Qlld8 m@kd $l Para ~anhs In), (b). (c) cif subacenon (4) of this sectmn d e s s the appliant has been given an opportunity to qake apprqriate amend- ments to his application or to MS pr~posed programme of mining operations and has within such reasonable time% the Sohretaty pay permit, f d e d to do so ; or

(b) on the grounds that the applioaul t is in default unless he has given the applicant notice of the defadt and the applicant has failed within such reasonable time may be specified in the notice to remedy the defadt.

47. Whera my land h subject to more than one prospecting Land subject licane no mining lease shBf be granted over that land fo any appli- cant far a mining lease unless- ing bcence.

(a) the thcetary is satisfied tb;tt: (i) the rights of any other holder of a prospectiag

l imm over tbat land would not be substan- tially prejudiced by the grant of the mining lease; Or

(11) It is in the public interest thal the miuir~g IWG be grated; or

(6) any other holder of a prospecting licence over that land consents in writing to the grant of the mininglease.

48. ( l ) The holder of's m u g kase may apply to the Secretary Ren.ewal of far the ~mewal of his lease at any time not later than one year before mnla 'use. the expiration of such lease.

(2) The Smetary m%y grant the renewal of a mining lease for a pcriod not exoccding thirty years and on such cunditions as he may determine.

(3) Where the holder of a mining lease h,= made an applica- tion for the renewal of the lease and the leas6 may expiie before tbe application is nranted the S e a t may extend the pe~iad of validity of the mining lease for such as he may dnermlm padmg hrr decision on the application.

(4) Upon the r ~ w a l of a mining hi%, tbe Secretary shall amend the base accordmgly and append thereto the programme bf

op~ratione to bc carricd out during thc pctiod of renewal.

49. The holder of a mining lease $hall notify the Secretary of m y Amendment amendments he intends to make to his programme of m&g Opera- P O -

t h and such amendments shall, wless the Secretary rejects them E T ~ w i t h three months after being SO mtifid, have &et aft?? t h ~ t m t i n n a .

period.

mgna con- ferred by mining h.

Diupvcv of further mincral and 0% mltseral?i.

Enlaxmcnt of mining a m

50. Subject to the provlsrona ot thts Uw, my otLler enactment and any conditions in the mining lease, the hdder of a mining lease may enter upon the land to which his mining leme reIates fur the folbwillg purposes-

(Q) to take aU reasonable measures an or under the surface to mine the mineral to which his mining lease relates;

(b) to erect the necessary equipment, plant and buildiags for the purposes of mining, transporting, dressing, treating, smelting or mfming the mmetal recovered by hun durixag thminlng OperaUons;

(c) to prospect wi#b his min'i area; (4 to stack or dump any m i n d or waste product in a

manna appfoved by the Chief Inspectot of Mines. S L ( l ) Where IU the course of exer~kiiig his rights under this

Law the hold= of a mining discovers my further &gosits of the mineral in respect of which ho holds the mining lease or any other mineral not inchkcl ir the'minir g lease, he shall within thirty days of such di~covery, notify the Secretary in witiug of the discovary.

(2) ThB notificrttion given to the Secretary under subsec- tion (1) of this section &all--

(Q) contain prticulsrs of the mioeraI diwvered; and (b) the site and circumstances dthe dimvery .

(3) The holder of a mlalng lease may on norltyhg the sesecre- tary of ibe discovery of fulther mineral deposits or other mineral apply to the Secretary For the ~nclusion of the area of the further depositsor the mineral discovered in his mining bse .

(4) An application made ~mder si~hmtion (3) nf thi~ section shall have appended thereto the oposed p r o m m e of mining d" operations in respect of the further eposits or themineraldisoovered,

(5) Where the Secrotary is satisfied with the proposed pro- gramme of mKmg operations, he may ap rove the application on $U& toms a d ormdrtlan% as Re thrtLW1 it a M shall umrdin@y amend the mining lease.

52, The holder of a mining base may apply to the Secretary for the enlargement of the mining area to which the h= ~elatcs snd the m t a r y may, subjet fn f h ~ povicions of this LAW, approve the application if he is satisfied that such approval is in the national i~tewst.

53. (1) Sub'ect to the provisions of this Law, the holder of a mining k m $all-

(a) CoWeXICe ~mrnei~ciai prorlu~tioi~ W or WwMt thn date specified in the programme of mlraig opnt io~s;

(b) subject to subsection (2) of this &m, develop and mine ths m k r a l covered by the lease in a m h e d t h the programme of mining operations;

P.N.D.C.L. 153.

MINERALS AND MINING LAW, 1986

(c) d e m t e &ad keep demarcated the mining area in manner as may be prescrihd ;

(d) snbmit to the S e m ~ r y though the Chicf inspector of Mjnes, withi4 three months from the date specified in the proyamme OF mining operations, a diagram of the mining area;

(a) keep aad maintain h Ghana m addross whinh oball be registered with the Secretary, and to which all cornmu- nications andna.tfces may beaddressed ;

(fl notify the Secretary as sooa as he starts commercial p~oduction.

12) The Secrera~y my, on an application made to him by the boIder of a mining lease, limit or suspend the programme of rn.Mjng oprations referred to in paragraph (b) of eubwtioa ( l ) of this section for such period and an such terms and conditions as he may on thc odvicrj of thc Mincrals Commiesiun dctcrminc i f hc is satisfied that in the circumstauces ir is fan and reasonable to do so.

54. (1) In pursuance of a localisation policy every hdder of a %mltm~t

m&hg I- &all mbmk for the approval of the Minorals Commis- yQudnv sian s detailed progrnrnme for the recruitment and training of the Gh~tloua~e.

Ghanaian pm50md. (2) For the purposes of subsection (1) of this m i o n "locali-

sation" means a training programme desigred towards the eventual rephemen t of expatriatepcrsortnd by Ghaian personnel.

55. The holder of a mining lease shall mamnin at the address Furher kept in accordance with paragraph (e) of subsection (1) of section 53 such documents and records as may be prescribed and shall permit mining remac. an authbrisd officer at any reasonable rime to inspect such docu- ments ar~d rc~urdr.

56. (1) Where, the Secretary considers tha& the holder of a *teful d i g lsse is using wasteful mining m treatment practices be m y notify such holder accordingly and require him to S W c2ure, ~ t ~ ~ t i ~ . w i t h such period as the Secretary shall specify, why he should not ceasvto use such practices.

(2) IF, within the period specified in a mt~ct issued under subsection (1) of this section the holder of the mmmg lease fails to satisfy the Secrerary that he is not using wasteful mining or treat- ment practrces, or that tfle use of such practices !S jushfid, the Sace tay may ordef the holder to cease usiq such practices within such pcriod as be may specify.

(3) Where thc holder of a mining Ikase, aAer &ing erdered to -BR wing wasteful mia'mg or trestmsnt practicpa, ffails to d o m, the Secretary may meel or suspend the mining lease far such prii as htt th'mks Bt.

M M u e r of mintw' lease.

Suspmsion of ~ r o d u ~ lion.

Permit far 0 t h ~ busi- ncm m . mining area.

hilFKR&S AND MINING LA W, 1986

57. '(1) Where the Secretary, after taking amuat of the public interest and the interests of the holders ormining leases m v h g neighbouring or cantiguous mining areas, considers that the effi- cient and econnmic explo~tatioh of the minerale concerned rhquire the merger +of all or part of the mining opatiws of such bbhkm, he may direct the holders to effect such merger within such time and on such terms as he my specify,

(2) Before giving any directions under subsection (I) of this sectiou, the Secrcla~ y srhall alfod thu h o l h ~ s or ~Jac urrlihg leasus concerned reasonable apportunity to make representatims to him m writing,

58. (1) The holder of a mining Ieasa &all notify the Secretary- (a) me year in advance where ae proposes to cease p m

duction from his h e ; (b) six months in advance where he proposes to suspend

production from his mine; (01 three months in advance where he proposes to curtail

such production ; and shall, in all cases, give reasons for such cessation, susperrsion.or curtailment.

(2) Where, for reasons beyond his control, the holder of a miiing lease ceases, suspads or curtails production from a mine, he shall, within fourteen days of such cessalion, suspension or curtail- ment, notify the Secretary of this.

(3) Upon receiving the notacation under subsection (1) or (2) of this b~ction VL X l r ~ olh~l w k b u w ~ ~ a a w l u s wS a u y wssath, suspension or curtailment of production, the Secretary shaU cause the matter to be investigated and- shall subject to any relevant requirement contained in the mining lease,

(a). dve pis approval for such cessatioa, suspension or curtadmeat; or

(b); direct the holder &.the mining lease to resume Pull production at the mine by such date as he may specify.

(4) Approval d mation, suspension or curtailment may be given subject to such wnditfans as the Smmlary rnay on the advlce of the Miaerals Commission determine.

59. (1) No person shall carry on in A -g area any business fdr which a permit or other authorisation 'is required m& a y rmactlncat for thc tima king in forcc u11l883 thbt pcrsbn has the mswt of fhB Secretary to carry on such busiuesb.

(2) Subject to subsection (1)'of tbis section no $erson shall erea in a mining ar& building 4 r other structure for the purpdge of carrying on any such busiuess without the'cbnseht of the hold& of the mining lease.

2 1 P.N,D.CL 153,

MINERALS AND MINING LA-

60. (l) A company which is the holder of a mining lease shall e$:;f qot without the prim consat in writing of tlie Secretary-

M reptat trnnstsr of any equity sbre or b e % in ' a h s e . the wmpanj to auy particular person or a nominee of such person; or

(b) enter iuto an apemeat, arrangement, or understaading, (wether er;fotcable as a legal right.or not) witb any p a r t ~ m h ~ person,

'if the effezt of, doing so wodd be to give to that particular person or any other person, control of the company.

(2) Upon an ap lication dul made to him mder subswtion (1) of tha aectiar the %cratary shai give hhia consat if he considers that the public interest would not be prejudiced by the .change of control of the company, otherwise he SW refuse to givehis wnsmt; add for the purpose of considering any such application the S e c d r y may reqi~ent qllch information as he considers necessary to onable .him &termhe the application.

(3) For tho purposes of this section- : (a) a person is deemed to have control of a company-

Q if that person or His nnminee hdds or that person m d his nominee hold a total of twenty pw cent or more d the issued equity shares in the company ;

(ii) if that person is entitled to appoint or prevent &U dppiutn~~ut VS b I C or more rlMn llaV ofthe directors of the company; or

(iii) if that petson is entitled to exercise or control the exercise of the right to cast votes in respect of not less than two-- of tbe total n~irnher of VOW in respect of the issued equity sbares in the compaay ;

(b) "Equity &arei* or "pref~rmce share" has @rtl&g assigned to it wder seclion 48 of the Companies Code, 1963 (Aot 173);

(c) !he reference in paragraph (a) (iii) of subsection (3) of this section to the entitlement to controI the exercise of the right to cast votes shall be read as including an entitlement to coatrol the sxercise of that right dir,ectly and includes control that is exercisable as a resdt of or by means of trust.

PART VII-RADIO-ACPTIVE MINERALS romslons of this Law relating to reconnaissance, Proswine 61. (1) 'I32 .' -' .

prqspectjng mmmg of minerals in Ghana shall, subject to the t:",z,".'"g prbvisions contained in Qis Part apply to radiwctive minerals with active such m0di6&0m aa may be necessary. minerals.

Holder of radio-active mfncial right to report hls operations.

Export of radio-aaive mineral.

0fEc.m and penalties.

Powera of starch and anet.

MINERALS AND MZNfNG LAW, 1986

p} Wher: any radio-active minerat is discovered in tbe r;ouiae uf ~xornaiag any right & this Faw or Uder-anp* o t b enbctmmt, !he holder of the mineral right or such -other authority s h l l immediately notify the Secretary or the Ch~ef Itlspector of Mines and the Director of Geological Survey of tha dis~overy.

(3) Where a y radio-active mmgrsl is d i s c o v d on any lrmd other than land subject to a rnmerd rigbt, llla owner of the lad shall immdioteby notify the Secretary, the Chief Inspector of Minos and the Director d Geological Survey of the discovery.

6L. A holder of a llcance or lease under his Part shall within thw first weak of every month furnish the Secretary with a true report m writing of the prospecting and mining operations ~ d u c t e d by him in the imedigely preceding mm& with rmpect to radi+active minerals.

63. (1) No pwson shall export any radio-active mineral except under and in accordance with the terms and conditions of a permit gmtd by the Secretary on the advice of the Minerals Commi~sim fat tkat p\Epo*

(2) A permit issued under subsection (l) of this section shall h in such fom and sbal1 be subject to the paaymert of su~b fee as tbe Secretary may prescribe.

64. ( I ) Any p c w u whu cunuaveneu ursy or the provisiu~rs or this Part or obtains a permit by means of 8ny fake statement or representation commits an offence and shall on summary conviction

liable to rt fine not exceeding $5M),000.00 or ID imprisonment for aterm not exceeding two years ol both.

(2) The court before whicb say .perso& is c o ~ v i ~ t d of an offence under subsection (1) of this section shall order the foffeiture to the State of any ~adioactive mineral obtained by the person convicted.

65. ( i ) Any Police Offiaer not below the rank of an Inspector, any senior oflicer of the Mines Department, and any ofioer autho. r i d in writing by the Secretary or the Chief Inspector of Mines may for the purpose of enforcing the provisions of this Part, without warrant-

(U) enter and w c h a y p& where he bas reamable grounds to suspect that h offence under this Part has been, or isabout to be wmmittd;

{b) xmh and artest any person whom he has rcasonablc grounds to slispect to have committed, or is about to commit an offence under this Part;

MINERALS AND MIMING LA W, 1985

(c) seize my radioactive mineral which he suspects to have been obtained contrary to the prouiuims of this Part;

(4 s& any prospecrlng or mining aypatatus which 1s used or about to be used in th c~ramiss isn of an oBence mder this Part.

PART %II-SURRENDEI~. SUSPENSION AND CANCELLATION OF MINERAL RIGHTS

66. (l) The holder of arry mineral right wh6 wishes to surrender S-dm atl OT my part of the land subject to tbe miaeral right shall apply *neral to tho Sccrctary through thc CIr i~f Inspo~tor of Minns for a cortifi- "gh'S' att: d swmdw mt iata ohm montks More the date on wbich he wishes the susre& to fake eEwt;

(2) An application under subsection ( 1 ) of this section sbll be in accordance with such regulations as may be prescribed.

(3) Subject to subsection (4) of l h i s seotion upon an applica- tion duly made under subsection (1) of this section ths Secretary shall through tbe Cbkf lnspectur of Mines issue a certifiate of surrender in mspect aF the land to which the application mhtes.

(4) The Secretary shall not issue a certificate of surrender- (a) to an applicant who is in Maul t ; (h} to zan applicant who faas to give records and reports in

relation to h ~ s mineral operations; (C) where he i s not satisfied that the applicant will surren- da the land in a condition which is safe and accords with good mining practice;

(d) in respect of any Iand if the remaining area o f tba iand aftor such sur1cndcl would nol h of the slaap UI

dimensim prescribed with respect to any such area. (S) Where a certiiicate bf surrender is issued under this section

the Secretary shall, where part only of the land subject to the mineral right is surrendered. amend the relcvaat licence accofdingly 02

cancel the mineral right whae the surrendw is in respect of the whole area covered by the mineral right.

(? The Wetmy, shall through the Chief Iaspoctoi of Mina giw nwcs to the appltcant of the amendment or cancellation of Llw luIumd ri$L 41d whure Iiraw iri surrtruda~, issue a ~vrtfflcaie of surrender.

(7) Land in resptct of which wtificate of surrender is issued shall be treated as having been surrendered with effect from the date on which-notie of the surrender is given under suhsecti~n {6) of this s4xtbn.

Suspension and oncella- *on oi mineral right.

Vesting of prowty on tcrmjnation of mining lease.

.MINERALS AND MINING ,LA W, 15'86

(8) The surrender of any land under this @on shall not affect any liability incur- by any person in respect of that land before the date on which the surrender took effect.

67. (l) The Secretary may suspend or cancel a mineral right if .the holder-

(a)' fds to make my of the payments required by or under rhis Law on the due date;

(b) is in breach of any provision of this Law or the con- ditions of the mineral right 01 the pmvjsions of my other enactment relating to mines and minerals;

(c) becomes insolvent or bankrupt, enters into any agree- ment or scheme of cornpasition with his creditors. or takes advantage of any eaactment for the benefit of his debtors or goes into liquidation, except as part of a scheme for an arrmgomert or ~lmdgamniion ;

(4 makes m y statement to the Secretary in connectloa with his m i n e d right which he hows or ought to have known to be false; or

(e) ,for ar y reason becomes ineligible to apply for a m e r a l right undm the provisions of this hw.

(2) The Secretary shall before suspending or cancchg any mineral right give notice to the holder in such manner as shall be prcscribd and a l l in SW& nirliur; xequi~c; the Ilolh to remedy any breach of the condi~ion of his rnireral right and whsre such breach caunot be remedied t o show cause to the satisfactior of the Secretary why the mineral right should not be suspended or cancelled.

(3) On cancellation 01 a mneral nght under this section, the right of the holder shall cease but without prejudicu to any liabilities or obligations iscurred by m y person in relation thereto prior to the date of thecmIkttion.

68. (1) Except as may otherwise be provided in the mining lease, all immovable assas of the holder under the mining lease &all vest in the Republic on tha effptive date of the termination of the. lease.

(2) All movable assets of the holder in tha mining area which are fully depreciated for tax purposes shall v a t hn the Republic withaut charge on the effective date of such termination. and any ' such property not then fuDy depreciated for tax purposes shall be o f f a d for sab to t b ~ Ropublic w i t h sixty days fiollt ih~.eITwiive date of termination at the depreciated cost.

MlNERkLS AND MINING LAW, 1986

(3) Wbre the Republic fails to p u r c h aug assets o E d for sale m mrdance with subsection (2) of this seclion; the amer may remove or othe~wise dispose of such assets within such period as tfra Secretary may determine and aftsr the expiration of such petiod tho assds shall bccomc tho proporty of tht Rcpubli~ without Cbrge. '

69. (I) Upoa termitbation of a mineral risk the foimsr holder D d i v g . of thereof shall deliver to the Secretary- dcamxnts to

Stcretary on ?a) all records which the bolder is obliged under ths pro- ~ l ~ ~ h o n

visions of this Law or regulations made thereunder R~~~~~~~ to maintain;

(b) aU plans or 'maps of the area cavered by the: mineral right preparcd by tho boldcr or at his instructions; and

(C;) such other document relating to the mineral right as thesecretary may direct.

(2) h y parson who faits to detiver, within thirty days from .be date of .his being called upon to da so by the Secret a y , any tlaeummt which i s required to be delivered under subsection (1) of ;his sec~ion shall be s i l l y of an oKence.

70, ( 1 ) The holder of a mineral. right shall exercise his rights Surface under this Law subject to such limitations rclating to surface rigbts 'khts. as the Secrotay may premibe.

(2) The rights cmfexxd by a rninerd right shall be exercised m a mauner consktmt with the reasonable and proper conduct of the Operations cpncmieed so as to affect as little as possible the &west of any Iawful occupier of the land in respect of which such rights are exercised.

(3) The I ~ w f d occupier of m y had within an area subject to a mineral right shd1 retain the right to graze livestockupon or to cultivate the swfaoe of sa& land in so far as such grazing or cuIti- vation does not interfere with tbe mineral operations in tha area.

(4) In the m e of a mining area, the owner or lawful occupier of the b d within the minbg area shall not erect any bdding or structurei without the Wsent of the holder of the mining lass, or if such consent is unreasonably withheld, without the con- sent of the h t a r y .

71. (1) The owner or occupier of my land subject to a mineral Compact- right may apply to.the holder of the r a t for mmpensatior for any distwbarce of the rights of such owner md for any damage done ,,,,., to the surface of the land, building, works or improvemanis or to surface livestock, crops or trees in the area of such minerrrl operations. rish".

MINEMLS AND MINING LA W, I986

(2) An-applicatiw for compensation under subsection (1) of this section shall be copied to the ~~ and t+ h d Valuation hard.

(3) The amount of compensaDon payabie under subseaion (X) of thh section shall, subject to the approval of th Land Valua- tion Board, be determined by agreement between the parties con- cerned and if the palties are unable to reach an a m e n t ss to the amount of compen=tion, the matter shall be referred to the Secre- tary who shall in consultation with the Land Valuation Board determine the compensation payable.

~nvta t ioo of 72. The holder of a &a1 light shall in ~!IE exerci~s af his ggzit. rights under the lioenm or lease have dare regard to the effect of the miaerat operations on the mvir~fprnmt and shall take such steps as may be remsary to pnvept pollution of the environment as a rmult of such mineral owratims.

M 73. (I) Nfi pman nhatl- I 'mccs and lea- (a) search for any building or industrid mineral by recon-

naissance; (b) prospect for any buildh g or iadustfial mineral; or (c) d u s ru>y L u i l L g v1 i~*du*li*rl n~i~,wut ,

without a restricted mnnaissance licence, restricted prospecting limca or restricted minirg lwe respectively panted by the Secre- tary.

(2) Except as prowded in rhis lJart and subject to any specific provision made in this Law in respect of building and industrial minerals, the provisions of this Law relating to mineral rights shall apply to building and industrial miuerals subject to such exemptions and mod5cations as the Secretary may on the advice of the Minerals Commission by regulations prescribe,

Limib an 74. (1) A restricted reoomaissance l ~ m c e , a restricted prospecting mm* lice^^ and a restricted mining lease shall not-be amended to include and thwein any mineral othm than thtt huildnz rrr indntrid mi-1 in

respectof which the licence or lease was panted; (2) Subject to subsection (3) of section 46 a restri~ted mining

lease shall be valid for a period not exceeding fifteen years as the Secretary may on the advice of the Minerals Commission determine and may on an application made to the Secretary be renewed for f d e r periodsnot exceeding fifteen years atany one time.

27 P.N.D.C.L. 153.

MINERALS AND MINING LA W, 1986

(3) No rat1 i ~ t d mining Iaso shall h gr ant4 to any appiiwnt unlesg such appficsnt holds a restricted prospecting l i a c e in respect of the building or industrial mineral applisd for.

75. (1) No restricted resonnaissance licence, restricted prospeot- Quolificatio~ k g li-W or restricted m~ning h shall be panted to any paraan ~ ~ $ $ l i m * who is not, a &h of Ghana. wtricwd

(2) The Secretary may on the advim of the Mina& Corn- ZZE,, mission exempt m y person from the provision of subsection [I) of this s~ t ion where he is satistied tW-

(U) it isin the public interest that a restrictdreconnmsance. a restricted prospecting licence or a festrictd mining lease be granted to such person; or

(83 (i) the restricted reconnaissance licsnw, nhe mtrititcd prvspmtir~g li- or restricted mining learn applied for is m r a p t of building or industrial minerals required for speciiic works; and

(;i) the applicant ha^ given an undartakmg that h e minerals concerned will not be sold or otherwise disposed of for profit.

(3) The Secretary may mad a mineral right granted under this Part where he is satisfied that tba h o l h has entered into an armgemat wifh a person whg is not a citizen of Ghana which arrangement has the 0fect o£ transferring to that pason tbe banefit of such mioeral right. 76. Nothing in this h w skd prevent- Special rights

{a) a local authority on land owned by it ; ur w n a obcu~ier w~th

(b) the owner 01 lawful ompier of any land owned or 0Nupkd by him; 0r indosmal -- -. -- --

(c) tM holder of any mineral right on land to which the r a t &arcs,

from prospecting for and mining any building w idustrial minerals 10 be used by such owner, occupier or holder solely for building, road making or agricultural purposes on such land, so long as the m r c k of such right i s not inconsistent with or detrimental to the rigbt of any other person boiding a mineral might m respect of such h d .

77. (1) Where. the Seorstiiry after consultation with the Mherds SmaL.aak rommiasinn ~ m . i d a a thnt i t i~ in the pirhlir interet to Bnmurage mineral prospecting and mining of minerals in any area of land by methods OF'"". not hvolving substantial . expenditure or, the use of specialised technology, fia may by notice in the Gazette, that area for small-scale mineral operation and p m i b the mineral to be mined.

M I N E U S AND MINING LAW, 198b

(2) W h m area has been designated for small-sale m h d operahon under subwt~on (I) of this mioq the Smetary may oa the advice of the Minerals Commissioa+n respect of tBat a t q a d in relation to any mineral p r ~ c r i ~ exclude nt mndify by ree~ulati~ any of the pxovbions of thirs Law which would otherwise apply to pm~&g or mining operations ia,r$at area and for the miadals prescribed.

(3) Nothing in subsecti~ls (2) of this section &all h read or can suued as authorishp anything to be done- . S

(0) which has the eKxt of modifying or mthguishiag the rights of any person holding a mhctraI right over a designated area or any part thereor; or

fb) w W a&ls the rights uf a4y u t b t ~ ~XYUIZ ex- CO the exteut that those rights might have been affected if no exclusion or modi6catioa had b m made umda subsection (2) of this taction.

E41 The ~rovkion in ssctim 75 of thin I a w which relatw 'to the q&li&a60a of appl ia ts for building and industrid minerals hall appIyYto appHcants for small-scale mineral operation.

PART XI-MISCBLLANEOUS PROWIONS hf=rcu= m. (1) 7x10 Bolder of a tnfaera right shall m the amduct of hrs $,69,ymd +d operations, and h tIte purchase, wstruction axld'in&aL- m p k o ~ t tlm of facilities, give preference to- ur C ) h a d ~ n ~ . (a) materials and products made in Ghana;

(b) 33ervioo agmcicsl-tcd in Ghnnaaodownod by (i) Ghanaians; (ii) companies or partnership registered uader

the Companies M u 1963 (Act 1 3 ) m the I ~ ~ ~ ~ q o r a t e d Private Partnershi~s Act, 1962 (Act 152);

(G) public coxporatjon, . to the maximum extmt possible and cbusistent with safety, &cimcy and economy.

(2) The holder of a mirerd right shall, in ail phases of his operations, give prefereuw ir employment to citizens of G h a tb the maximum extent possible ancl consistent with safety, &ciency and ecoaomy.

Rtcords and 79; (1) 1 ho .Sfmetafj~ shall maintain r ~ r d s of all &era1 right* f d h i n 8 01 jganted under this LW and, subject to such condi€ions as the Secre- i*Qb'orr, tary may premih, such records ,&a11 be open to inspection by

members af the public during ndnial-official workisg hours and members af the public may m payment nf such feen rrs mny he prescribed be permitted to t a b capies of such rewrds.

29 P.N.D.C.E. 153;

M I N E U S AND MINING LAW, 1986

(LJrThe Secrerar)r.may, for the purposes of this Law, m writing ruquost my person to futaisb him w i W the period speded in the ques t , suc! information and documents as may be sPecified in tbe request.

80. (l) A r y ~XSOII w h o - Dffrarcr.

(a) conducts reoonnaiasance, prospecis for or mines minerals otherwise thaw in awordance dtb the pro- visions-of this Law;

(b) in making application for mineral right or renewal thereof,.ho~mg.ly makes ar y statement which is false ormidIeadiag in at~y material particular ;

(c) in any report, return or affidavit submitted in pur- susace of the provisions of this Law, bowingly hcludFs any informatiofi whioh is falm pr mideading in any matarial particular;

(4'removes or disposes of any mineral contrary to the provisioas of, this Law;

(P) =&err m bus'megg Ln mtrav+mtior of subswtion ( 1 ) of section'59 or erects any b d c h g or other stmture in contravention of the provisions of subsection (2) of section 59;

( f) pofiutes the envirmmt mtrary to section 72; (g) ~emoves any bplldirg, ked machinery or other

movable proparty cormry to section 68; (h) places deposits, or causes to be placed or deposited

any mineral &I any place with the intention to mislead any other w o n ns M the mhraf pntqibilitiw of <itch place;

( i ) miogles or causes to be mi~gled with samples 01. ore any substances which will enhance tha value or in aay way change the name of such ore with the intestion to cheat, deceive or dsRaud;

0) being engaged in the business of milling, leaching, samplisg, concentrating, reduchg, assaying,' trans- porting or dealing ia orex, metals or desals , keeps or uses any false or fra~rhlmt scabs or wei&ts for weighitlg sucb ores, mefals or mirerals, or uses my .false or fraudulent assay s d e s or weights or mriched fluxes used for ascdahing the assay value of minerals, Ioxowing them to be false or f f a u d h t ;

(k).mls, nepcIs or x W m . ro comply wlra any dlrecaon .lawMy given under this Law;

(0 fails naglects or rduses to allaw or provide all reason- able fadities d a s s i s t i ~ ~ to any officer exercising nay pnwr-7 lander t h i ~ TAW:

MINERALS AND MINING LAW, 1986

(no) ohstructa, h;ndnrp nr .d*?aya nn anthnris~d o%wr in theperf~~mnceof his duties under this Law ; or

(n) contravenes any of theother provisions of this MW, %ha\\ be guilty of an ofhm.

Off- by 81. (1) %%ere an offence is commtted under this Law or under Of regulations made thdewder by a body of persons-

F* (U) in the case of a body corporate, ether than a partoar-

ship, every director ar an oBiw of body shall also bo d m d to bo guilty of the ofform; and

@) in tha case of a partnership every partnex or oBcer of that body shall be deemed t'o be guilty of that offence.

(2) No person shdf ba tieemed to km guilty of an offmm by virtue of s~lhsectitirnr ( I ) nf this .section if he proves that the affmoe was wmmitted witbut his h v l e d g e or comivanw, and that he aercised all due care and diligence to prevent ths commission of the offence having regard to all the ciroumstances.

~ d t y . 82. (j) Any person found guiIty qf an alf'ence uader this Law for w h ~ h no p i t y has been prouuled shall ba Iiablq on frsst conviction, to s fine not exceeding ~500,000.M) at to imprimment fm a m m not e x o d h g two years or to both.

(2) On a second or sukwguent conviction for an offace under this Law, a Court may tmposa a penalty which not exceed double the penalty referred to in sub&m (1) of this section.

(3) The Court before which any prson is convicted of an offewa under this Law may io additiort to aay penal@ that it may imp- order the forfeiture to the Republic ofany niin~ral in respect of which the o h was committed.

Rylulauons. 83, (1) The Secretary a y , by legislative instrument make regu- lations for the mnSwvation and dev~lopmmt of miaes and miumts and for the purpose of giving effect to the provisions of this LW.

(3 Without prejudice to the generality of snbsedim (I) of this section, regulations made u1ds this section may provide for-

(a) the shape of areas over which mineral rights may h grmted;.

(B) &6 examination d any miae or mined by an autho- rised officer;

(C) determixling the qualities of the minerals to barntractad; (6) the retention of aay m or s p e c h n of any mhra l

by any person m chats of a m m or cMInected there- with for 15s idmtifimtim of such orer or sampb lrnd for the takiag by an auWrid oficer of samples of such ote w swimem ;

MINEMM AN? MIFJNG LAW, 1986

(a) dhctions to be given to any person is charge of a mine m conaaobd therewith by an authdsad oEmr for the conservation and development of mines and xLli~aki ;

m rhe making of returns of minerals won and fw thc: valuation of such mhmls;

(g) the returns ,ta b r e a d a d in relation to accc~ts , books and plans iaquired to be kept by holders;

(h) thc aubmis3ioa by any p m a h charge of a znk or conceded derewitb of s~lcb m b s as the Sem&ry may specify ia the regulations a d for the maintcnsaac by such person of such words:

(if the dature and ade uacy of any .nap or plan required for thc purposes of his Law;

(j) the mergar cf mineral rights; (k) atha contribution by part is bmehtted by a fair share

of cost of pumpkg in cases wkra purzphg io one m e tsemat$ owr Tram;

(I) the restfiction of prospecting og8rations in 01 netrr my river, dam, lake, or sueam;

[m) prwmting the po1Iutim of watcrs, springs, streams, rivers ur lakus;

( m ) tbe manner h which areas and boundaries shall be marked, beacaned and surveyed and the fees payabh in respeot of such survey:

(o) tbs gr4aing of eattla or 0 t h animale on the minmsl afw ;

( p ) the gathering of hrewood and th0 cutting d&wn a d use of timber for the purpose of carrying on proapsting and mining operatioq;

(qj ;I: renewal, transfer, assignment and sunender of mmeral rights;

( p ) the protection of pits, h f t s and such atha daagerous PI-;

.Is) t b saporting of amihts; (r) emuring the safety of the public and the d a t y and

welfare of persons employed in mines and the carrying an of minsral operations in a =fa, proper and effective IUilll l lGf,

{U) preventing the employlwrat of incompetent persons to be id charge of machinery;

(P) preventing injury to persons or property in a mining zuea by chemimb;

MINERALS AND MINING LA W, 1986

(W) regdating the use of explosive in mineral operations; (X) f w s payable under this taw; (y) forms of applications and licences to be made and

issued under this taw;, (z) b e pemaltios for offences against the regulati,~ns aad

anything which is to bu prcscrihcd.

Intcr~reta- 84. 11) In this h w , unless the mntex t otherwise requires- tion. "authorised officer" means a person authorised by the

Sourotary or tho Qkf Inspotor of Mines to etrerci30 any power m futlction under tEs Law;

"benefits" include facilities, entitlements and exemptions conferred on a holder in respect of a miileral right;

"building and hdustrial minerals" means barite, b M t , clay, dolomite, feldspar, granite, gravel, gypsum, laterite, limestone, mica, magnesite, marble, phosphate, rock, sand, sandstone, slate and talc, whm mhed far we in Ghana far agriculture, building, roadmakiag or indu~try w d suvh other mineraIs as the Seoretary may from time to time declare, by notice p u b W in the Gazette, to be building and industrial rniuerals whun so mined;

"Capital" means all cash contributions, plant, m~hinery, equipment, buildings, spafa parts, raw materrals and other business assets other than goodwill;

"Chief Inspector of Mines" means the Chief Inspector of M h s appoiated uader &m 9.

c i t h of Ghana" means- (a) in relation to &U individual, an individual who is

a c i k of Ghana by virtue of my law fox the time being in force in G h ;

(b) ia rehtia to a pamrship or association of hdivtduals, a partnership or association which is composed exclusively of individuals who are citizens of G h w ;

'(c) b. d a t i a ~ ts a body corporato &+or tbaa publi~ corporation, a body corporate wh~ch is incorpo- rated in G h a under rha Companies Code, 1963 (Act 179), and

(i) which is certified by tbe Secretary to be Cohtr~kd by Government; or

(ii) whose membership is composed exclusively of persons who are citizen S of Ghana; or

P.N.D.C.L. 153.

MIN%US AND 'MWING LAW, 1986

. (iii) whose directors axe exclusively citizens of Ghana; or

{iv) which is controlled by individuals who are o i t k e of Ghana;

(4 in relation to a public corporation, a corporation tbat is established in Ghma by or undsr any elxlctment;

"rmtinmtal Pheff" nr "tb? exclusive ernnornit mne" means any area decla:ed by any enactmm t for the time bchg in force as the continental &elf or the exclusive economic zone of the Republic;

"Comcd" means the Px6vidonal Nationa! Defence Council; "Customs import duties" includes import duty, sales tax and

otber related charges; "Foreign capital" m m 9 car vatible curea cy, planr,

machinery, equipment, spare parts, raw materials and spy ulhw buaiucsb as=is other ihau gwrlwiU that enter Ghana with no initial disbursement of G h ' s foreign exchange and are intended for or related to mineral operations approved mdep t h ~ s Law;

"G~ver'nment" means the Government of Ghana ; "holder" means the holder of a mineraI nght under this

Law; ''h d6faultY' means in breach of any of thc provisions of

this Law: "Map or plan" means a docunlent wntahag gecmetrical

numerical and verbal representations of a piece af h d , which has been signed by a land surveyor and appved or wrrtified in such manner as the Chief Inspcttor of Mints may rsquirc;

"mine" when used as a noun, means auy place, excnrvation or waking wherein, whereon or whareby any o p a a t h connected with mining is carried on t o g o t k with all buildings, premises, erectiousmd appliances bdonging or apmtaining thereto abve and below the grmd for the putpose ,of w b l n g , treating or preparing minerals, obtaining or ext~ acting auy miheral or r n d by any mode or method or fw the purpose of d~essiag minerd ores, and includes a quarry whefe building- and industrial mir erals are mined;

h'mine" when used as a verb, means iatmthndly to win minerals, i ~ ~ d includes aay aperations directly or indirectly n e t : e s ~ therefor or incidental thereto, a i~d "mining" shall be construed accordingly;

MINERALS A N D MINING LAW, 1986

"mineral" mans m y subsiance in solid or liquid form occurring naturally in or on the earth, or on or under the seam, tormed by or subject to gealogml prmss including building and industrial minerals but does not include petroleum (as defined in the PetroIeum (Explo~ation and Production) l a w , 1984 (P.N.D.C.E: 84) or water :

''mineral. operatioos" means reconnaissance, prospecting or mining of mirerds ;

"mineral right" means a right to reconnoitre, prospect for or &e minerals given by the Secretary in the form of a reoonnalssance- lrcenck, a prospeiirog hcance, a minirpl lease, a restricted reconnaissance licence. a restricted prospecting licence or a restricted minkg lease;

"mining firm'' m ~ ~ i 1 9 the Ihnd dwienated as a mining area in a mining lase;

"Mining lease" means the area whicb is subject to a ri&t to mine under section 44 or 45 of this Law;

"mining operations" means the mining of minerals uader a mialng lease;

"prescribed" means p~scribed by Regulations; "a programme of mining operations" means such a pro-

gtamme approved on the granting of A mining lease and includes any rcmend~~~mtfhereto ~ladein pursuanw of the provisions of this Law;

"programme of prospectiag operations" means such a pro- gramme approved on the granting of a prospecting licence and includes any amendmeat thereto made in pursuance of the provisiolrs of this Law;

"programme of remnnaissance oparations" means such a programme approved on the granting or renewal of a reconnaissance licence and includes any amendment thcrcto medo in pursuanw of this Law;

"prospect" means inteatiomUy to search for minerals md includes operations to determine the extent and emno- mic value of any deposit;

"prospecting area" means thn land subject to a prnqwcting licence;

"pmspocting liceace" means a right to prospect acqtljred under section 36;

"provided" means provided under this Law, a mining lease, or uceace granted under ths ~ a w ;

"radio-active mineral" m m 6 a mineral which contains by weight at least one-twentieth of one per cent

MINERALS AND MINING LAW, 1986

(0.05 lper mt) of uranium or tholium or any eombir,$- tmm *hmmT, urchdmg but nob llrmted to the follow- ing-

(a) rnonazite sand and o h ores mts.iniag ihorium;

(B) carnotite, pitcbblmde and other. ores contain. iag uianium;

"reconnaissan~e" means the nerch for mhmals by geo- physical. geoch+cal md Mate-neolodd s m y s or ather remote segslng techd~ques and surface geoIo~ h m-tion thrcwith but does mt, mims n l imm grated under txxtiorr 32 so provides, include drillin& exavatim or other subsluface techaiques;

" rwwdamuw lir;surtd3 mcaus a right to condutt ~ccau- naissanw aqwred under section 32;

" r d ~ m ( ; ( f m" m m s the b ~ d subject to a rema- lbaiswa limes;

"rcgulatims" m m s Regulations made under aectiun 83 of this Law;

"Republic" means the RepubIic of G h m ; "restricted mining area" means the Iand subject to a

matrktcd mining lease ; ''restricted pra~~~t irng ma" means the land subject to 8.

restricted prwpting limnw; "restricted mining lease" means a lease to Miqe building

ot industrial mineraI; "~estiicted prospecting Licecoc" mean8 a licence to prospect

for building or industlial mined; "rat~icted recodssance licence" means a Licence ro

search for building or industrial mineral by recan- Ik$lksaace;

"Seryetary7' means the Provisiond N a W Defence ~ u n d i l ~ e t a r y for Lands ad NaSut al R ~ S Q U I ~ ;

"Sut~" means the Government of the Repubk of GrPs >a; "termjnstion" means the lap* of% mineral right by expiry

of time, gurrmdex or wucellatim.

85. (1) 'fhe fobwing enactrnents are hereby fapealed-- rcepc&b and

(i) Thc Minords Ordinan-, 1936 (Cap.' 155); %M.

(3) m Radio-Active M&& O r b w , 1946 (Cap. 151);

{is) ~ i ~ a l s Act. 1962 (Act 1261:

MINERALS A N D MINING LA W, 11986

(iv) The Mines and Minerak (Conservation and Dovelop- ment) Act, 2965 (Act 278);

(v) Mining Rights Reg~~Iations, 1905 (Cap. 153); and (vi), btion 1 of the. Mherala Act and Regdtions

[Ammdment) Decree, 1968 N.L.C.D. 308). (2) The provisions o f the Administra$iaa of Lauds (Amend-

ment)D&, 1979(A.P.R.C.D; 61) shalI to theextent that they appIy to mining rights cease to be operative on the ~ o m i n g into force of this Law aad accordingly all refeiences ia that Decree to mining rights am hemby repualed.

(3) Not~vihtanding the rapeal in subsechms I) and (2) of ,this 8&n, any regulations made under the repealed enactmmts &all so far aa they are consisteat with the provisions of this Law, continue informas ifthey were ruguIations madeundm m i o n 83 of this Law.

Tmaitianal 86. NatwithsWding t b repeal of the enactmts referred to in section 85 of thi~ Lfiw,,nny Ji~wre, 1ww or pkrmit nnted rmdw any of those mctmentts and subsisting immediatg bsfixe the

l*, etc. oomwnmmeat of this Law shall co~$inw in force subj& to such cmditions as the Secretary may determine.

Mod'&+bn 87. Th% fonowhg enactment+ ofedsbm enactments. (U) the Admhktlation of Laods Act, 1962 (Act 123);

(b) the tJancessions Ordinance, I939 (Cap. 136); (C) the Coucession s Act, 1962 (Act 124); (4 thq Aliens hot, I P63 (Act 160); (e) the Selective Alieras Emplqmetlt Tiix .DMW, 1973

(N.R.C.D. 201); (j) the Exchanp Control Act, 1961 (Act 71); IS) the ~ n h r n n Tax h r c e , 1875 (S.M.C.D. S):, (h) t!ri. Minerals Regulatio~ls, 1962 (L.I. 231) and

army ezlactmsnt relating to miaerals as defined undm section 84 of this Law shalt apply with such modifications as may be neoessary to give full effect to the pro~isiorls of this Lay.

Made this 4th day of Jdy, 1986.

FLT.-LT. JEElRY JOHN MWLINGS c/jaiumm ofthe ~rbvisiancrl National Defence Council

M e ol Gatcr#e wti-tion: 18th July, 1986.

PRlNTED BY T E -HAM& P U B L I m CORPORATIDN IPWNTINO DIVISION) ASSEMBLY PRESS, ACCPA, G-NA