(1) This Act may be cited as the Mines and Quarries Act.

(2) This Act shall come into force on such date as the Minister may appoint by an Order in the Gazette.

(1) This Act extends to the land beneath the territorial sea, and the seabed and subsoil of the continental shelf of The Gambia.

(2) This Act does not apply to the search for or production of petroleum.

(1) In this Act, unless the context otherwise requires :

« arbitration » means arbitration in accordance with the Alternative Dispute Resolution Act ;

(Cap. 6:08)

« authority » means a quarrying permit or licence granted in accordance with Chapter IV ;

« building material » means any form of rock, stone, gravel, sand, clay, volcanic ash or cinder, sandstone, laterite, cockleshell, limestone or other mineral intended for use in the construction of a building, road, dam, airport or similar work ;

« Chief Geologist » means the person for the time being heading the Geological Unit ;

« countinental shell » has the meaning assigned to it in the Continental Shelf Act ;

(Cap 26:01)

« court » means a duly constituted court and includes a District Tribunal ;

« development agreement » means an agreement referred to in section 27 ;

« disposing » in the definition of « mining operation » and « quarrying operation », includes the disposal of tailing and waste rock ;

« environment » has the meaning given to it in the National Environment Management Act ;

(Cap 72;01)

« extracting »in the definition of « mining operation »

(a)Includes the physical, chemical, electrical, magnetic or other way of separation of a mineral, including crushing, grinding, concentrating, screening, washing, jigging, tabling, electro-winning, solvent extraction, heap leaching, flotation, fluidised bedding, carbon-in-leach and carbon-in-pulp processing ; and

(b) Ecludes :-

(i) A process in a smelter, refinery or anywhere else by which a minera lis changed to another substance, or

(ii) Testing or assayinga small quantity of a mineral in a laboratory (other than one operatingunder a mineral right) or in a teaching institution ;

« Geological Unit » means the State agency responsible for supervising, monitoring and regulating mining and quarrying operations ;

« holder » in respect of a licence, a retention licence, permit or authority, means :-

(a) The person to whom the licence, permit or authority was granted ; and

(b) If the licence, permit or authority has been lawfully assigned, the person to whom it has been assigned ;

« land » includes land covered by water ;

« licence » has the meaning given to it under section 8 ;

« mine » :-

(a) As a noun, means an area where a mining operation is carried out, and includes an excavation system of excavations made for the purpose of, or in connection with, the getting of mineral (whether in its natural state or in solution or suspension) or products of mineral, an open-cast mine and an area where a minera lis won by dredging or other means ; and

(b) As a verb, means to carry out a mining operation ;

« mineral » mens a substance whether in solid, liquid or gaseous form occuring naturally in or on the earth, or in or under the seabed formed by or subject to a geological process and :-

(a) Includes any metalliferous ore, buildings material, earth material and material that may be used to improve the quality of the soil for agriculture ; and

(b) Excludes petroleum and surface water ;

« mineral right » means a right granted by a licence, permit or authority ;

« mining licence » means a mining licene granted in accordance with Chapter II ;

« mining operation » means an operation carried out at, or in connection with, a mine with a view to, or for the purpose of :-

(a) Winining a mineral from a place where it occurs ;

(b) Extracting a mineral from its natural state ; or

(c) Disposing of a mineral in connection with, or waste substances resulting from, the winning or extraction ;

« mining permit » means a mining permit granted in accordance with Chapter III ;

« Minister » means the Minister responsible for the amdministration or this Act ;

« notice » means notice in writing ;

« petroleum » means :-

(a) A naturally occurrring hydrocarbon, whether in a gaseous, liquid or solid state ;

(b) A naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state ; or

(c) A naturally occurring mixture of one or more hydrocarbons, whether in a gaseous, liquid or solid state, and one or more of the following, that is, hydrocarbon sulphide, nitrogen, helium and carbon dioxide ;

« prescribed » means prescribed by regulations made under this Act ;

« prospect » means to search for a mineral by any means, and includes :-

(a) Carrying out work and removing samples necessary to test the mineral bearing qualities of land ; and

(b) Reconnaissance operations ;

« prospecting licence » means a prospecting licence granted in accordance with Chapter II ;

« prospecting permit » means a prospecting permit granted in accordance with Chapter III ;

« prospecting operations » means operations carried out in the course of prospecting ;

« quarry » means an excavation or system of excavations made for the purpose of, or in connection with, getting a building material, being neither a mine nor merely a well or bore-hole or a well and bore-hole combined ;

« quarrying licence » means an operation carried out at, or in connection with, a quarry with a view to, or for the purpose of :-

(a) Winning a building material from a place where it occurs ;

(b) Extracting a building material from its natural state ; or

(c) Disposing of material in connection with, or waste substances resulting from, the winning or extraction of a building material ;

« quarry permit » means an authority granted in accordance with Chapter IV

« reconnaissance licence » means a reconnaissance licence granted in accordance with Chapter II ;

« reconnaissance operation » means to search for a mineral ;-

(a) By geophysical surveys, geo-chemical surveys and photo-geological or other non-intrusive surveys ; or

(b) By the study of surface geology ;

« regulations » means regulations made by the Minister under section 115 ;

« retention licence » means a retention licence granted in accordance with Chapter II.

(2) A person, being an individual, is an undischarged bankrupt for the purpose of this Act if, whetherin The Gambia or elsewhere, the person :-

(a) Has been adjudged or otherwise declared bankrupt, by whatever named called, and has not been discharged ;

(b) Has entered into an agreement or scheme of composition with his or her creditiors and that agreement or scheme continues to subsist ; or

(c) Has taken advantage of a law for the benefit of debators and the person continues to take advantage of that law.

(3) A person, being a body corporate, is financial difficulties for the purpose of this Act if it :-

(a) Is in liquidation, not being a liquidation which is part of a scheme of reconstruction or amalgamation ;

(b) Is the subject of a subsisting court order for its winding up or dissolution ; or

(c) Has made a composition or arrangement with its creditors that still subsists.

(4) There is a limited assignement of a mineral right in the normal course of business for the purpose of this Act if the assignement of the right is to :-

(a) An affiliate, if the obligations of the affiliate are guaranteed by the assignor or by a parent company, approved by the Chief Geologist, that directly or indirectly controls the assignor ; or

(b) A bank or other financial institution by way of mortage or charge given as security for a loan or guarantee in respect of operation authorised by the right ; or

(c) Another person who constitutes the holder of the mineral right.

(5) For the purpose subsection (4) an affiliate, in respect of a holder of a mineral right, is a company that :-

(a) Directly or indirectly controls or is controlled by the holder of the right ; or

(b) Is controlled directly or indirectly by a company that directly or indirectly controls the holder of the right.

(1) The entire property in and control of :-

(a) All minerals, in, under or on any land in The Gambia : and

(b) All rivers, streams and water-courses throughout The Gambia,

that were declared to reside in the State before the commencement of this Act by section 3 (1) of the Minerals Act repealed under this Act shall continue to reside in the State.

(2) For the avoidance of doubt, it is hereby declared that the entire propety in and control of all minerals, in, under or on the sea-bed and subsoil of the continental shelf of The Gambia resides in the State.

(3) Subsections (1) and (2) are subject to :-

(a)Any express grant by the State to the contrary made before and subsisting immediately before commencement of this Act ; and

Any mineral right grabted in accordance with this Act.

(1) A person shall not ;-

(a) Carry out reconnaissance operations for a mineral ; or

(b) Prospect for a mineral or carry on mining or quarrying operations for a mineral,

Unless the person is authorised to do so in accordance with a mineral right granted under this Act.

(2) A person who contravenes subsection (1) commits an offence and is liable on conviction :-

(a) In the case of an individual, to a fine of not less than one hundred thousand dalasis or imprisonment for a term not exceeding three years, or to both the fine an imprisonment ; or

(b) In any other case, to a fine of not less than five hundred thousand dalasis.

(3) A mineral obtained otherwise than as authorised by this Act remains the property of the State and may be reclaimed by the State from any person for the time being in possession of it.

(4) Subsection (3) applies notwithstanding any claim, right or title any other person may have or allege to have the mineral.

(1) The title to a mineral may be obtained as a result of a mining operation authorised under this Act.

(2) A mining operation may be either a major mining operation or a minor mining operation.

(3) Title to minerals thatare building materials may be obtained as a result of a quarrying operation authorised under this Act.

(1) The Minister shall, by regulations, prescribe the criteria to be used to determine whelther a mining operation is a major mining operation or a minor mining operation.

(2) Those criteria may be prescribed by reference to any consideration but may, in particular, be prescribed by reference to :-

(a) The expenditure the mining operation is likely to involve ; and

(b) The use of any specialist technology the mining operation is likely to require.

In this Chapter, unless the context otherwise requires :-

« licence » means a reconnaissance licence, a prospecting licence or a mining licence.

(1) A major mining operation may be carried out in three phases, namley, a reconnaisance phase, a prospecting phase and a mining phase.

(2) A reconnaissance licence is required to undertake the reconnaissance phase, a prospecting licence to undertake the prospecting phase and a mining licence to carry out the mining phase.

This Part applies to applications for the grant of licences and to the assignement, concellation and surrender of licences.

(1) An application for a licence shall be :-

(a)Made on form provided or approved for the purpose by the Chief Geologist ;

(b) Accompanied by the prescribed fee ; and

(c) Submitted to the Chief Geologist.

(2) The application shall contain details of :-

(a) The area in respect of which the licence is sought ; and

(b) The mineral or minerals the applicant is seecking or intends to mine.

(3) An applicant shall submit to the National Environment Agency a project brief on the area in respect of which the licence is sought as required under part V of the National Environment Management Act.

(Cap. 72:01)

(4) The Chief Geologist may require the applicant to provide such further informations as is reasonably necessary to enable the application to be considered by the Minister.

(5) Tanhe Chief Geologist may, in particular, require the applicant to provide details of :-

(a) The financial and technical resources available to the applicant ;

(b) Any mineral right granted or previously granted to the applicant ;

(c) How the applicant intends to deal with environmental considerations related to the operation ; and

(d) In the case of an application for a mining licence, the applicant’s forecasts and plans of operation.

(1) The Chief Geologist shall deal with applications for licences in the order in which they are received.

(2) Subsection (1) does not apply in respect of applications received as a result of an invitation to tender for a licence, which are to be dealt with in the prescrived manner.

(1) An application for a mining licence shall not be made except by a person who :-

(a) Holds a licence to carry out prospecting operation in the area it is intended to mine ; and

(b) Has, in accordance with the conditions of that licence, notified the Minister of the discovery ofcommercial quantities of mineral in that area.

(2) The application shall be made within two months of the notification required under sebsection (1) (b).

(3) The Minister may extend the period specified under subsection (2) if he or she is satistified that :-

(a) There were sufficient reasons why the application could not be made during that period ; or

(b) It is in the public interest to do so.

(4) This section does not apply in respect to do so.

(a) An application made as a result of an invitation to tender for a mining licence ; or

(b) An application by the holder of a retention licence to mine in the area and for the mineral or minerals specified in the licence.

(1) The Chief Geologist shall prepare a written report on each application for a licence.

(2) The Chief Geologist shall, when preparing the report, consult each Government Department, Government agency and Local Government authority that may have an interest in the application or the operation or the operations that the licence would authorise were it to be granted.

(3) The Chief Geologist shall also consult any other person, whether in The Gambia or elsewhere, as the Minister may direct.

(1) The Chief Geologist shall submit each application for a licence andhis or her report on the application to the Minister together with a recommandation as to the action to be taken.

(2) The Minister may :-

(a) Grant the licence sought ;

(b) Grant the licence sought but place limits on the area or minearls or both to which it applies ;

(c) Refuse the application ; or

(d) Require the Chief Geologist to provide futher information and to resubmit the report.

(3) The Minister shall take into account the recommendation of the Chief Geologist when considering an application for a licence but shall make his or her own decision on the application and need not act in accordance with recommendation.

(4) The Minister shall not grant a licence that is inconsistent with a mineral right granted to any other person.

(5) Where the Minister is satisfied that a licence should be granted but subsection (4) applies, the Minister may terminate the existing right on terms agreed on with the holder of the right, or failing agreement, on terms determined by arbitration.

(6) The Minister may refuse to grant a licence if he or she is satisfie that it is in the public interest that no more licences of that type should be in force at that time.

A licence shall not be granted to a person who, being :-

(a) An individual, has not attained the age of eighteen years or is an undischarged bankrupt ; or

(b) A body corporate, is in financial dificulty.

(1) A licence may be granted subject to conditions, which shall be set out in the licence.

(2) The Minister may impose conditons to :-

(a) Protect the State’s mineral interests ; and

(b) Protect the environment of The Gambia ;

(c) Ensure the safety of the operations authorised by the licence and of those undertaking those operations ;

(d) Protect the lawful interests of any other person who has a mineral right ; and

(e) Ensure that the activities permitted by the licence are undertaken and are undertaken within a reasonable time.

(3) In particular, the Minister may impose conditions requiring the holder of the licence to :-

(a) Undertake the activities permitted by the licence in compliance with a programme agreed with the Chief Geologist ;

(b) Expend in undertaking those activities or any part of them an amount being not less than an amount approved by the Chief Geologist ; and

(c) Take measures agreed with the Chief Geologist for the protection and rehabilitation of the environment ; and

(d) In the case of a mining licence, provide a bond in the prescribed form to the Chief Geologist’s satisfaction, sufficient to finance the costs of rehabilitating and making the mining area safe on the termination of mining operations should the holder of the mining licence fail to meet the obligation to do so.

(4) The Minister may impose conditions that have effect after the period of validity of the licence.

(5) Conditions imposed under subsection (3) are enforceable notwithstanding that, for other purposes, the period of validity of the licence has ended.

(1) A prospecting licence shall not be granted unless it is granted subject to its holder complying with the conditions set out in subsection (2).

(2) The conditions the holder shall comply with under subsection (1) are that he or she shall :-

(a) Commence prospecting within three months of the grant of the licence or within any extension of that period the Chief Geologist may approve ;

(b) Undertake prospecting in compliance with a programme agreed with the Chief Geologist ;

(c) Give immediate notice to the Chief Geologist of the discovery of any mineral deposit of commercial value, the obligation to do so not being limited to mineral deposits for which the holder of the licence was authorised to prospect ;

(d) Make an immediate report to the Chief Geologist and the Director-General of the National Centre of Arts and Culture of any archeological finding ;

(e) Expend, on prospecting during the period of validity of the prospecting licence, an amount that is not less than the amount specified in the licence.

(1) A licence shall be in form approved for the purpose by the Chief Geologist.

(2) There shall be specified in the licence :-

(a) The name and address of the holder of the licence ;

(b) The area in respect of which it is granted, which may be illustrated by a plan ;

(c) The mineral or minerals in respect of which it is granted ; and

(d) Its period o validity.

A licence may be granted in the case of :-

(a) A reconnaissance licence, for any period not exceeding one year ;

(b) A prospecting licence, for any period not exceeding three years ; and

(c) A mining licence, for :-

(i) Twenty-five years, or

(ii) The estimated life of the mine,

Whichever is shorter.

(1) The Minister may, on the advice of the Chief Geologist, extend the period of validity of a licence.

(2) When advising the Minister, the Chief Geologist shall, in particular, have regard to the extent to which the holder of the licence has :-

(a) Made use of the licence, and

Complied with its conditions and the requirements of this and any other Act relevant to the operations authorised by the licence.

(1) A holder who whishes to extend the period of validity of a licence shall :-

(a) Make an application to the Chief Geologist ; and

(b) Accompany the application by the prescribed fee.

(2) The holder shall make the application during the period of validity of the licence and shall :-

(a) In the case of a mining licence, make it before the last year of the term of the licence ; and

(b) In any other case, make it in sufficient time to allow the application to be considered before the period of validity of the licence expires.

The period of validity of a licence may be extended, in the case of

(a) A reconnaissance licence, by one period not exceeding one year ;

(b) A prospecting licence, by two periods each of two years ; and

(c) A mining licence, by :-

Whichever is the shorter.

(1) Subject to subsection (2), a licence shall not be assigned without the written approval of the Minister.

(2) A licence shall not be assigned to a person to whom it could not be granted.

(3) The Minister shall not unreasonably withhold or delay approval.

(1) The Minister may exercise his or her power under subsection (2) where the Chief Geologist :-

(a) Has given the Minister notice that the holder of a licence :-

(i) Has failed to comply with any condition specified in the licence or a requirement of this Act ; and

(ii) After being given reasonable notice to comply with the condition or requirement of this Act ; and

(b) Advised the Minister that the holder of a licence :-

(i) Has failed to comply with a condition specified in the licence or a requirement of this Act and as a result damage has been caused, and

(ii) After being given a reasonable opportunity to do so, has failed to make good that damage or to offer compensation sufficient to make good the damage or to take any measure or measures the Minister has required the holder to take to prevent any further damage of that kind in the future.

(2) Where subsection (1) (a) or (b) applies, the Minister may by notice to the holder of the licence :-

(a) Cancel the licence ; or

(b) Suspend the validity of the licence either indefinitely or for such period as the Minister may determine.

(1) The holder of a licence may, at any time by application made to the Chief Geologist, request that :-

(a) The licence be cancelled ; or

(b) The period of validity of the licence be suspended.

(2) The application shall be accompanied by such information as is necessary to enable the Chief Geologist to advise the Minister on the application.

(3) The Minister may, after considering the advice of the Chief Geologist :-

(a)Grant the application on such term and conditions as he or she considers appropriate to safeguard the interests of The Gamba ; or

(b) Refuse the application.

(4) If the Minister agrees to cancel the licence he or she may, in particular, do so o terms that require the holder of the licence to undertake work required to make a mining area safe and to rehabilitate the environment.

(5) If the Minister agrees to suspend the period of validity of the licence he or she may, in particular, do so on terms that require the holder of the licence to undertake work required to make mining area safe during the period of suspension and to protect the environment during that period.

(6) The cancellation or suspension of the period of validity of a licence does not affect a liability of the holder of the licence that arose before the cancellation or suspension.

(1) The Minister may, on behalf of The Gambia, enter into an agreement that relates to :-

(a) The grant of a licence ;

(b) The conduct of mining operations under a licence ; or

(c) The financing of mining operations under a licence.

(2) The Minister shall not enter into a development agreement that would be inconsistent with this Act.

(a) The holder of a licence ;

(b) An applicant for a licene ;

(c) The holder ofa retention licence ; or

(d) An applicant for a retention licence.

(1) A development agreement may contain provisions that :-

(a) Guarantee the fiscal stability of a long term mining project ;

(b) Relate to the circumstances or the manner in which the Minister or the Chief Geologist will exercise a discretion conferred on him or her by this Act ;

(c) Relate to environment matters ; or

(d) Deal with settlement of disputes.

(2) For the purpose of guaranteeing the fiscal stability of a long term mining project a development agreement may make special provision for the payment of royalties, taxes, fees and other fiscal imposition.

(3) A development agreement may, in respect of environmental matters that are project specific and not covored by enactments of general application, cointain provisions that :-

(a) Define the obligations and liabilities of the holder of a licence ; and

(b) In an appropriate case, limit those obligations and liabilities.

(4) A development agreement may provide for :-

(a) The settlement of disputes that relate to :-

(i) The terms and conditions of the developmenrt agreement

(ii) The administration of this Act, and

(iii) The tems and conditions of a licence ; or

(b) A dispute to be settled by international arbitration.

A discretion conferred on the Minister or the Chief Geologist under this Act shall be exercised subject to, and in accordance, with any stipulation contained in a relevant development agreement.

(1) This section applies where the Minister considers that, within a specified area, it would be in the public interest for applications for a licence to be invited by tender.

(2) The Minister may, by notice in the Gazette :-

(a) Designate an area as an area to which this section applies ; and

(b) Invite people to tender for a licence in respect of the area.

(3) The licence may :-

(a) Be a reconnaissance licence, a prospecting licence or a mining licence ; and

(b) May relate tospecified mineral.

(4) Where this section applies, the tenders received shall be compared having regard, in particular, to the following matters :-

(a) The programme of operations that the applicant proposes to carry out ;

(b) The expenditure commitments the applicant is prepared to make ;

(c) The financial and technical resources of the applicant ; and

(d) The expererience of the applicant in the conduct of prospecting and mining operations.

(5) The Minister shall not designate an areathat is the subject of a mineral right if the grant to the licence in respect of which tenders would be sought would be inconsistent with the terms of that right.

(6) Where the Minister is satisfied that an area should be designated but subsection (5) applies the Minister may terminate the existing right on terms agreed with the holder of the right or failing agreement on terms determined by arbitration.

(1) A reconnaissance licence gives its holder the right to carry out reconnaissance operations which are to be carried out in the area and in respect of the mineral or minerals specified in the licence.

(2) Unless the licence otherwise provides, the licence does not give the holder an exclusive right to carry out reconnaissance operation in that area or for that mineral or those minerals.

(3) The reconnaissance operations may be carried out by the holder of the licence or by a person acting on behalf of the holder.

(4) Areconnaissance licence does not authorise an intrusive servey of hand.

(1) A prospecting licence gives its holder the exclusive right to prospect in the area specified in the licence for the mineral or minerals specified in the licence.

(2) The prospecting may be carried out by the holder of the licence or by a person acting on behalf of the holder.

(3) A prospecting licence does not authorise the removal of minerals except insofar as may be necessary to test the mineral bearing qualities of land.

(1) A mining licence gives its holder the exclusive right to carry on mining operations in the area specified in the licence for the mineral or minerals specified in the licence.

(2) The holder of a mining licence has the right, for the purpose of carrying out mineral operation to :-

(a) Enter the area specified in the licence and take all reasonable measures on or under the surface of the are for the purposes of the mining operations ;

(b) Erect in the area necessary equipment, plant and buildings for the purposes of mining, transporting, dressing or treating the mineral recovered by the holder of the licence in the course of mining operations ;

(c) Subject to the payment of royalties, dispose of any mineral recovered ; and

(d) Stack or dump any mineral or waste products in a manner provided for in the licence or approved by the Chief Geologist.

(1) This Part applies where :-

(a) The holder of a prospecting licence has notified the Chief Geologist that the holder has discovered, within the area specified in the licence, a deposit of mineral of the type specified in the licence that is of commercial value ; but

(b) For a temporay reason the deposit cannot be developed immediately.

(2) The reason may be technical restraints or adverse market conditions or other economic factors.

(1) Where this part applies, the holder of the prospecting licence may apply to the Minister for a retention licence.

(2) A retention licence gives the holder of the licence the right to apply for a mining licence at a later date and in the meantime prohibits the grant of the licence to another person.

(3) The application for the retention licence shall be made to the Chief Geologist and shall be accompanied by supporting documents.

(4) The documents shall include details of :-

(a) The extent, prospects for recovery and the commercial signifiance of the mineral deposit ;

(b) The relevant technical restraint or adverse market conditions or other economical factors that make it impossible to develop the deposit immediately ; and

(c) Any other information as the Chef Geologist may reasonably require in order to prepare a report for the Minister.

(1) The Chief Geologist shall prepare a written report on an application for a retention licence.

(2) When preparing the report, the Chief Geologist must consult each government Department, Government agency and Local Government authority that may have an interest in the application.

(3) The Chief Geologist shall also consult any other person, whether in The Gambia or elsewhere, as the Minister may direct.

(1) The Chief Geologist shall submit each application for a retention licence and his or her report on the application to the application to the Minister together with a reconmendation as to the action to be taken.

(2) The Minister may :-

(a) Grant the licence sought ;

(b) Grant the licence sought but place limits on the area or minerals or both to which it applies ;

(c) Grant the licence sought but limit its period of validity ;

(d) Refuse the application ; or

(e) Require the Chief Geologist to provide further information and to resubmit the report.

(3) The Ministershall take into account the recommendation of the Chief Geologist when considering an application for a retention licence but shall make his or her own decision on the application and need not act in accordance with the recommendation.

(4) The Minister may refuse to grant a retention licence on the grounds that he or she is satisfied that it is in the public interest that :-

(a) No more retention licences should be granted at that time ; or

(b) The mineral deposit should be worked as soon as praticable.

(1) A retention licence may be granted subject to conditions which shall be set out in the licence.

(2) Conditions may be imposed to :-

(a) Protect the State’s mineral ;

(b) Protect the environment of The Gambia ; and

(c) Protect the lawful interests of any other person who has a mineral right in the area.

(1) A retention licence shall be in a form approved for the purpose by the Chief Geologist.

(2) There shall be specified in the licence :-

(a) The name and address of the holder of the licence ;

(b) The area in respect of which it is granted, which may be illustrated by a plan ;

(c) The mineral or minerals in respect of which may be illustrated ; and

(d) Its period of validity.

A retention licence may be granted for an initial period of one year.

(1) The Minister, on the advice of the Chief Geologist, may extend the period of validity of a retention licence for one year at a time, but the total period of extension shall not exceed five years.

(2) The Chief Geologist shall, when advising the Minister, have regard, in particular, to the extent to which the relevant circumstances have changed since the retention licence was granted.

(1) An application to extend the period of validity of a retention licence shall be

(a) made to the Chief Geoligist by the holder of the licence ; and

(b) accompanid by apdated supporting documents

(2) The supporting documents shall indicate

(a) if the extent, prospects for recovery and the commercial significance of the mineral deposit have remained the same ;

(b) whether the relevant technical restraints, or adverse market conditions or other economical factors that made it impossible to develop the deposit immediately still exit ; and

(c) any other information the Chief Geoligist may reasonably require in order to prepare a report for the Minister

(3) The application shall be made

(a) during the period of validity of the retention licence ; and

(b) in sufficient time to allow the application to be considered before the period of validity of the licence expires.

in this Chapter, unless the context otherwise requires

« permit » means a prospecting permit or a mining permit

(1) A minor mining operation may be carried out in two phases

(a) a prospecting phase ; and

(b) a mining phase

(2) A prospecting permit is required to undertake the prospecting phase and a mining permit is required to carry out the mining phase.

(1) This section applies where the Minister , after consulting the Chief Geologist, is satisfied that it would be in the interests of the orderly development of the mining industry in The Gambia if and area were to be reserved exclusively for minor mining operations either in respect of minerals generally or in respect of a particular mineral.

(2) Where this section applies, the Minister may by notice in the Gazette, designate an area as reserved exclusively for minor mining operations.

(3) The notice shall state whether the designation is in respect of minerals generally or in respect of a particular mineral, which shall be specified in the notice.

(4) The Minister shall not designate an area

(a) that is subject to any other mineral right ; or

(b) in witch the Minister has invited application for licences by tender, if to do so would be inconsistent witch that right or the invitation to tender.

(5) Where this section applies, regulations may establish a scheme for the orderly allocation of permits in the designated area and for the general administration of the area.

This Part applies to applications for the grant of permits and the grant, assignment, cacellation and surrender of permits.

(1) An application for a permit shall be

(a) made on a form provided or approved for the purpose by the Chief Geologist ;

(b) accompanied by the prescribed fee ; and

(c) submitted to the Chief Geologist.

(2) The application shall contain details of

(a) the area in respect of which the permit is sought ; and

(b) the mineral or minerals the applicant is seeking or wants to mine.

(3) The Chief Geologist may require the applicant to provide such further information as is reasonably necessary to enable him or her to consider the application.

TheChief Geologist shall deal with applications for permits in the order in which they are received.

(1) The Chief Geologist may

(a) grant the permit sought

(b) grant the permit sought but place limits on the area or minerals, or both to which it applies ; or

(c) refuse the application.

(2) The Chief Geologist shall not grant

(a) a permit that is inconsistent with the terms of a mineral right granted to any other person ;

(b) a mining permit in respect of an area that exceeds the size of area or dimensions prescribed by regulations for mining permits.

(3) Where the Chief Geologist is satisfied that a permit should be garanted but subsection(2) (a) applies, the Minister may terminate the existing right on terms agreed with the holder of the right or, failing agreement, on terms determined by arbitration.

(4) The Chief Geologist may refuse to grant a permit on the grounds that he or she satisfied that it is in the public interest that no more permits of that type should be in force at that time.

(1)The Chief Geologist shall not grant a permit to

(a) anindividual whonhave permanent residence status in the Gambia,

(b) a partnership unless it is composed exclusively of

(i) individuals who have permanent residence status in the Gambia,

(ii) bodies corporate incorporated in the Gambia, or

(iii) a combination of both individuals who have permanent residence status in the The Gambia and a body corporate incorporated in The Gambia.

(2) If the holder of a permit becomes a person to whom a permit may not be granted, by virtue of this section, the period of validity of the permit is deemed tobe suspended.

(3) The permit may nevertheless be assigned in accordance with this act by the holder of the permit and, on the assignment, the suspension shall be taken to have been revoked.

(4) The fact that

(a) the holder of a permit is no longer a person to whom a permit may be granted ; or

(b) the period of validity of a permit has been suspended,

doesnot affect the liability of the holder of the permit arising before or during the period of suspension.

A permit shall not be granted to

(a) An individual who has not attained the age of eighteen years or is an undischarged bankrupt ; or

(b) a body corporate that is in financial difficulty.

(1) A permit may be granted subject to conditions, which shall be set out in the permit.

(2) The Minister may impose conditions to

(a) protect the State’s miniral interest ;

(b) protect the environment of the Gambia ;

(c) ensure the safety of the operations authorised by the the permit and of those undertaking those operations ; and

(d) protect the lawful interests of any other person who has a mineral right.

(3) The Minister may impose conditions that have effect after the end of the period of validity of the permit.

(4) The conditions are enforceable notwithstanding that, for other purposes, the period of validity of the permit has expired.

(1) A permit shall be in a form approved for the purpose by the Chief Geologist.

(2) There shall be specified in the permit

(a) the name and address of the holder of the permit ;

(b) the area in respect of which it is granted, which may be illustrated by a plan ;

(c) the mineral or minerals in respect of which it is granted ; and

(d) its period of validity.

A permit may be granted for an initial period of one year.

The Chief Geologist may extend the period of validity of a permit by a period of one year at a time.

(1) An application to extend the period of validity of a permit shall be

(a) made to the Chief Geologist by the holder of the permit ; and

(b) accompanied by the prescribed fee.

(2) The application shall be made

(a) during the period of validity of the permit ; and

(b) in sufficient time to allow the application to be considered before the period of validity of the permit expires.

(1) Except as otherwise provided by this section, the holder of a permit may assign the permit or an interest in the permit.

(2) A permit shall not be assigned to a person to whom it could not be granted.

(3) Unless it is a limited assignment in the normal course of business, a mining permit shall not be assigned without the written approval of the Chief Geologist.

(4) If the holder of a permit is more than one person each of those persons may individually assign his or her interest in the permit.

(1) This section applies where the holder of a permit

(a) has failed to comply with a condition specified in the licence or a requirement of this Act ; and

(b) after being given reasonable notice to comply with the condition or requirement, has failed to do so.

(2) This section also applies where the holder of a permit

(a) has failedto comply with a condition specified in the permit or a requirement of this Act and that as a result damage has been caused ; and

(b) after being given a reasonable opportunity to do so, has failed to

(i) make good that damage,

(ii) offer compensation sufficient to make good the damage, or

(iii) take any measure or measures the Chief Geologist has required the holder to take to prevent any further such damage in the future.

(3) Where this section applies, the Chief Geologist may, by notice to the holder of the permit

(a) cancel the permit ; or

(b) suspend the validity of the permit either indefinitely or for such period as the Chief Geologist may determine.

(1) The holder of a mining permit may, at any time by application made to the Chief Geologist, request that

(a) the permit be cancelled ; or

(b) the period of validity of the permit be suspended

(2) The application shall be accompanied by such information as is necessary to enable the Chief Geologist to determine the application.

(3) The Chief Geologist may

(a) grant the applicationon such terms and conditions he or she considers appropriate to safeguard the interests of The Gambia ; or

(b) refuse the application

(4) If the Chief Geologist agress to cancel the permit he or she may, in particular, do so on terms that require the holder of the permit to undertake work required to make a mining area safe and to rehabilitate the environment.

(5) If the Chief Geologist agress to suspend the period of validity of the permit he or she may, in particular, do so on terms that require the holder of the permit to undertake work required to make a mining area safe during the period of suspension and to protect the environment during that period.

(6)The cancellation or suspension of the period of validity of a permit does not affect any liability of the holder of the permit that arose before the cancellation or suspension.

(1) The Minister may, in respect of the designation of an area as an area reserved exclusively for miner mining operations, at any time, by notice in the Gazette

(a) revoke the designation in respect of the whole or any part of the area ; or

(b) revoke the designation in respect of any mineral to which it applies.

(2) A permit granted in respect of

(a) an area, the designation if which is revoked, shall be taken to have been cancelled in respect of that area ;

(b) a mineral, the designation if which is revoked, shall be taken to have been cancelled in respect of that mineral;

(3) The holder of a permit to which subsection (2) (a) or (b) applies shall be paid compensation of such amount as may be ageed or, failing agreement, as may be settled by arbitration.

(1) A prospecting permit gives its holder the right to prospect in the area specified in the permit for the mineral or minerals specified in the permit.

(2) The permit does not give the holder

(a) an exclusive right to prospect in that area or for that mineral or those minerals ;

(b) the right to prospect in a part of the area specified in the permit that has been demarcated in accordance with this Act by the holder of any other prospecting permit ; or

(c)the right to prospect for a mineral in an area where the holder of a mineral right has an exclusive right to prospect for, or mine or quarrythat mineral.

(3) The prospecting may the carried out by the holder of the permit or bye a person acting on behalf of the holder.

(1) The holder of a prospecting permit has the right to demarcate, in the prescribed manner, an area within the area specified in the permit.

(2) The size and dimensions of the area demarcated shall not exceed the prescribed size and dimensions.

(3) When the holder of a prospecting permit

(a) has demarcated an area ; and

(b) has informed the Chief Geologist that he or she has done so,

The holder has the exclusive right within that area to prospect for the mineral or minerals specified in the prospecting permit.

(4) The exclusive right lasts for

(a) six months ; or

(b) the remaining period of validity validity of the prospecting permit, whichever is shorter.

(1)A mining permit gives its holder the exclusive right to carry on mining operartions in the area specified in the permit for the mineral or minerals in the permit.

(2) Amining permit also gives the holder the right

(a) to enter on the area specified in the permit and to take all reasonable measures on or under the surface of the area for for the purposeof the mining operations ;

(b) to erect on the area necessary equipment, plant and buildings for the purposes of mining, transporting, dressing or treatingthe mineral recovered by the holder of the mining permit in the course of mining operations ;

(c) subject to the payment of royalties, to dispose of any mineral recovered ; and

(d) to stack or dump any mineral or waste product in a manner provided for in the permit or approved by the Chief Geologist.

(3) The rights of a holder of a mining permit may be exercised by a person acting on his or her behalf, provided that the person is a person to whom a permit may be granted.

In this Chapter, unless the context otherwise requires

‘‘authority’’ means a quarrying permit or a quarrying licence.

(1) A quarrying permit is required to carry out small scale temporary quarryingactivities.

(2)A quarrying licence is required to operate a large scale public or private quarry.

This part applies to applications for the grant of authrity and the grant, assignment, cancellation and surrenderof authority.

(1) An application for an authority must be

(a) made on a form provided or approved for the purpose by the Chief Geologist ;

(b) be accompanied by the prescribed fee ; and

(c) be submitted to the Chief Geologist.

(2) The application shall contain details of

(a) the area in respect of which the authority is sought ; and

(b) the building material or building materials the applicant intends to quarry.

(3) The Chief Geologist may require the applicant to provide such further information as is reasonably necessaryto enable him or her to consider the application.

The Chief Geologist shall deal with applications for authority in the order in which they are received.

(1) The Chief Geologist may

(a) grant the authority sought ;

(b) grant the authority sought but place limits on the area or building materials, or both to which it applies ; or

(c) refuse the application.

(2) The Chief Geologist shall not grant an authority that is inconsistent with the terms of a mineral right granted to any other person.

(3) Where the Chief Geologist is satisfied that an authority should be granted but subsection(3) applies, the Minister may terminate the existing right on terms agreed with the holder of the right or failing agreement on terms determined by arbitration.

(4)Where the Chief Geologist may refuse to grant an authority on the grounds that he or she is satisfied that it is in the public interest that no more authority of that type should be in force at that time or in respect of the relevant area.

An authority cannot be granted to a person who

(a) being an individual, has not attained the age of eighteen years or is an undischarged bankrupt ; or

(b) being a body corporate, is in financial difficulty.

(1) An authority may be granted subject to conditions, which shall be set out in the authority.

(2) Conditions may be imposed to

(a) protect the State’s mineral interests ;

(b) protect the environment of The Gambia ; and

(c) ensure the safety of the operations authorised by the authority and of those undertaking those operations ; and

(d) protect the lawful intersts of any other person who has a mineral right.

(3) Conditions may be imposed that have effect after the end of the period of validity of the authority.

(4) the conditions are enforceable notwithstanding that, for other purposes, the period of validity of the authority has expired.

(1) An authority shall be in aform approved for the purposes by the Chief Geologist.

(2) There shall be specified in the authority

(a) the name in address of the holder of the authority ;

(b) the area in respect of which it is granted, which may be illustrated by a plan ;

(c) the building material or building materials in respect of which it is granted ; and

(d) its period of validity.

(1) A quarrying permit may be granted for an initial period not exceeding one year.

(2) A quarrying licence may be granted for an initial period not exceeding four years.

(1)The Chief Geologist may extend the period of validity of a quarrying permit bye periods each not exceeding one year.

(2) The Chief Geologist may extend the period of validity of a quarrying permit bye periods each not exceeding four years.

(1) An application to extend the period of validity of an authority shall be

(a) made to the Chief Geologist by the holder of the authority ; and

(b) accompanied bye the prescribed fee.

(2) The application shall be made

(a) during the period of validity of the authority ; and

(b) in sufficient time to allow the application to be considered before the period of validity of the authority expires.

(1) Except as otherwise provided by this section, the holder of an authority may assign the authority or an interest in the authority.

(2) An authority cannot be assigned to a person to whom it could not be granted.

(3) If the holder of an authority is more than one person, each of those persons may individually assign his or her interst in authority.

(1) This section applies where the holder of an authority

(a) has failed to comply with a condition specified in the authority or a requirement of this Act ; and

(b) after being given a reasonable notice to comply with the condition or requirement has failedto do so.

(2)This section also applies where the holder of an authority

(a) has failed to comply with a condition specified in the authority or a requirement of this Act and as a result damage has been caused ; and

(b) after being given a reasonable opportunity to do so, has failed to

(i) make good that damage,

(ii) offer compensation sufficient to make good the damage ; or

(iii) take any measure or measures the Chief Geologist has required the holder to take to prevent any further such damage in the future.

(3) Where this section applies, the Chief Geologist may, by notceto the holder of the authority

(a) cancel the authority ; or

(b) suspend the validity of the autority either indefinitely or for such period as the Chief Geologist may determine.

(1) The holder of a quarrying licence may, at any time by application made to the Chief Geologist, request that

(a) the licence the cancelled ; or

(b) the period of validity of the licence be suspended.

(2) The application shall be accompanied by such information as is necessary to enable the Chief Geologist to determine the application.

(3) The Chief Geologist may

(a) grant the application on such terms and conditions he orshe considers appropriate to safeguard the interests of The Gambia ; or

(b) refuse the application.

(4) If the Chief Geologist agress to cancel the licence, he or she may, in particular, do so on terms that require the holder of the licence to undertake work required to make a quarrying area safe and to rehabilitate the environment.

(5) If the Chief Geologist agress to suspend the period of validity of the licence, he or she may, in particular, do so on terms that require the holder of the licence to undertake work required to make a quarrying area safe during the period of suspension and to protect the environment during that period.

(6) The cancellation or suspension of the period of validity of a quarrying licence does not affect a liability of the holder of the licence that arose before the cancellation or suspension.

(1) A quarrying permit gives its holder, subject to the payment of royalties, the right to

(a) carry on temporary small scale quarrying for building material in the area and for the building material or building materials specified in the permit ; and

(b) use or dispose of any building material or building materials obtained.

(2) A quarrying permit does not give the holder an exclusive right to quarry for the building material or building materials in that area.

(3) The quarrying may be carried out bye the holder of the permit or by a person acting on behalf of the holder.

(1) A quarrying licence gives its holder the exclusive right to carry on quarrying operations in the area specified in the licencefor the building material or building materials specified in the licence.

(2) The quarrying licence also gives the holder, for that purpos, the right

(a) to enter on the area specified in the licence and to take all reasonable measures to carry on the quarrying operations ; and

(b) to erect on the area necessary equipment, plant and buildings for the purposes of quarrying, transporting, dressing or treating the building material or building materials recovered bye the holder of the licence in the course of quarrying operations ;

(c) subject to the payment of royalties, to use or dispose of any building material or building materials recovered ; and

(d) to stack or dump any building materials or waste products in a manner provided for in the licence or approved bye the Chief Geologist.

(3) This rights of a holder of a quarrying licence may be exercised bye a person acting on his or her behalf.

(1) A right conferred by a mineral right shall be exercised

(a) reasonably ; and

(b) so as not to affect injuriously the interest of an owner or occupier of the land over which the right extends.

(1) This section applies to the holder of a minig licence, mining permit or quarrying licence and to a person acting on behalf of such a holder who is carrying out a mining or quarrying operation on behalf of the holder.

(2) A person to whom this section applies shall maitain an insurance coverage in respect of the mining or quarrying operations he or she is undertaking.

(3) The insurance shall be of such amounts and against such risks as are customarily or prudently insured in the international mining or quarrying industry in accordance with good international mining industry or quarrying industry parctice.

(4) A person to whom this section applies shall provide the Chief Geologist with certificates that show the insurance is in effect and when requested provide copies of the policies.

(5) The insurance shall cover

(a) loss or damage to the installations, equipment and other assets used in or in connectionwith the mining or quarrying operations ;

(b) loss of property, damage or bodily injury suffered by a third party ; incurred in the course of or as a result of the mining or quarrying opperations ;

(c) to the extent that such cover is commercially available, pollution and environmental damage caused in the course of or as a result of mining or quarrying operations for which the holder of the relevant licence or permit, or the State may be held responsible;

(d) Liability to employees engaged in the mining or quarrying operation; and

(e) The liability to indemnify the State in accordance with this Act.

(6) If requested to do so by the Chief Geologist, a person to whom this section applies shall maintain an insurance cover, which the Chief Geologist reasonably considers necessary in the public interest.

(7) Where insurance cover in respect of the pollution an environmental damage referred to in subsection (5) © is not commercially available to a person to whom this section applies, the person shall, if required to do so by the Chief Geologist, provide a performance bond, bank guarantee or similar arrangement that is commercially available to the person to cover liability for the damage.

(1) The section applies to the holder of a mining licence, mining permit or quarrying licence and to a person acting on behalf of such a holder who is carrying out a mining or quarrying operation on behalf of the holder.

(2) A person to whom this section applies shall indemnify the State.

(3) The indemnity shall be in respect of any action, claim, demand, injury, loss or damage that is a result of an act or omission in the conduct of mining or quarrying operation carried out by the person required to provide the indemnity.

(4) The indemnity shall cover claims for loss or damage to property and injury or death to persons.

(5) A person or body referred to in subsection (6) shall not be liable in damage for anything done or omitted to be done in the discharge or purported discharge of any function under this Act or under regulation made under this Act.

(6) The person and bodies specified in subsection(5) are

(a) The State;

(b) The Minister;

(c) The Chief Geologist, and

(d) a person who is, or is acting as, an officer, employee or agent of the Minister of the Geological Unit, r performing a duty or exercising a power on behalf of the Minister of the Geological Unit.

(7) Except as specifically provided by this act, a person is not entitled to claim or to receive compensation in respect of a change in the value of a mineral right, being a change

(a) Resulting from

(i)The modification of a condition of a mineral right;

(ii) The revocation of a mineral right, or

(iii) A refusal to grant permission to the assignment of a mineral right, or

(b)Otherwise resulting directly or indirectly to the exercise pf a function under this Act.

(8) Subsection (7) is included for the avoidance of doubt and does not limit the operation of subsection (5).

(1) A lawful occupier of land specified in a mining license; mining permit or quarrying license shall not erect a building or structure on the land without the consent of the holder of the license or permit.

(2) If the Chief Geologist considers that the consent is being unreasonably withheld, he or she may consent to the erection of the building or structure.

(3) In this section and section 85

“Lawful occupier”, in relation to land, means a person in actual occupation of the land.

(1) This section applies if, in the course of reconnaissance, prospecting, or mining or quarrying operations

(a) The rights of the owner or lawful occupier of land are disturbed; or

(b) Crops, trees, buildings stock or works belonging to the owner or occupier of land are damaged.

(2) Where this section applies the holder of the mineral right by virtue of which the operation were carried out shall pay the lawful occupier fair and reasonable compensation in respect of the disturbance or damage.

(3) The compensation payable is to be reduced by any amount by which the value of the land has been enhanced by the reconnaissance, prospecting, or mining or quarrying operations.

(4) Where the amount of compensation to be paid is disputed, either party may refer the matter to the Chief Geologist who shall deal with the matter in accordance with this Act.

(1) The Chief Geologist or an authorised officer may enter premises at any time for all or any of the purposes specified in subsection(3).

(2) The premises that may be entered under subsection (1) shall be an area over which a mineral right has been granted or premises or a working place used in connection with the operation authorised by a mineral right.

(3) The Chief Geologist or authorised officer may enter the premises to:

(a) Inspect the area, premises or working place;

(b) Examine prospecting, mining or quarrying operations, or the treatment of minerals;

(c)Ascertain if the conditions of a mineral right and the requirements of this Act are being complied with;

(d) Ascertain if a nuisance exists on the area, premises or working place;

(e) give directions and take steps to enforce a condition of a mineral right or a requirement of this Act, or abate or remove a nuisance;

(f) take, examine or assay, soil samples or speciments of rocks, ores, concentrates tailings or minerals on the area, premises or working place;

(g) examine accounts, vouchers, documents, maps, drilling logs, or records of any kind relevant to the operation authorised by the mineral right;

(h) obtain information necessary for the administration of this Act.

(4) In this section, “authorised officer” means a public officer authorised by the Chief Geologist to take action under this section.

(1) The Chief Geologist or an authorised officer may, at all reasonable times, inspect and take a copy of a document kept by the holder of a mineral right pursuant to this Act.

(2) In subsection (1)

“authorised officer” means a public officer authorised by the Chief Geologist to take action under the section; and

“doculent” includes accounts, voucher, map, drilling, log and record.

(1) A person who, without reasonable excuse, hinders or obstructs of Chief Geologist, an authorised officer or any other person carrying out a function under this Act commits an offence.

(2) A person who commits an offence under subsection (1) is liable on conviction to a fine of fifty thousand dalasi or imprisonment for a term not exceeding three years, or to both the fine and imprisonment.

(3) It is a defence for a person to show that he or she was in control of premises the Chief Geologist, authorised officer or other person wished to enter and that when he or she requested the Chief Geologist, authorised officer or other person to produce evidence of his her right to enter the premises he or she failed to do so.

(1) This section applies where the Chief Geologist has reasonable grounds to believe that evidence relating to the commission of an offence under this Act may be located in any premises, vehicle, vessel, or aircraft.

(2) Where this section applies, the Chief Geologist or a person authorised by him or her may enter the premises, vehicle, vessel or aircraft and search for the evidence.

(3) The entry may be made without warrant and using such force as may be reasonable necessary.

(1) The Chief Geologist may inquire into and decide a dispute in respect of prospecting mining or quarrying operations.

(2) The dispute may be between :

(a) The persons engaged in the prospecting, mining or quarrying operations; or

(b) A person engaged in those operations and another person, not being the State.

(3) The dispute may be in connection with:

(a) The boundaries of an area subject to a mineral right;

(b) The claim by a person to be entitled to erect, cut, construct or use a pump, line of pipes, flume, race, drain, dam or reservoir for mining or quarrying purposes;

(c) The claim by a person to take, divert, use, or deliver water, for mining or quarrying purposes;

(d) The assessment and payment of compensation pursuant to this Act; or

(e) Any other prescribed matter.

(4) The Chief Geologist may:

(a) Make any order necessary to give effect to his or her decision; and

(b) Order the payment of compensation by one party to a dispute to the other.

(1) The Chief Geologist may send a copy of an order he or she has made to a civil court within the local limits of whose jurisdiction the subject-matter of the order is situated.

(2) The Chief Geologist shall certify the copy of the order to be a true copy of the original order.

(3) The civil court shall enforce the order in the same manner in which it would enforce its own orders.

(4) The fees payable on the enforcement of the order are those that would be payable on the enforcement of a like order made by civil court.

92. Appeal to High Court.

(1) A person aggrieved by a decision or order of the Chief Geologist in respect of a dispute may appeal to the High Court.

(2) The appeal shall be made within thirty days from the date on which the decision or order is giving or made.

(1) A person aggrieved by a decision or order of the Chief Geologist in respect of a dispute may appeal to the High Court.

(2) The appeal shall be made within thirty days from the date on which the decision or order is giving or made.

(1)The Chief Geologist may make rules in respect of the hearing of disputes by him or her.

(2)The rules may provide for:

(a)The initiation and conduct of proceedings; and

(b)The keeping of records and notes of evidence.

(1) The Chief Geologist shall maintain a register of mineral rights.

(2) The register shall contain a record of each application, grant variation and dealing in, assignment, transfer, suspension and cancellation of a mineral right.

(1) The Chief Geologist may give a certificate certifying a matter specified in subsection.

(2) The certificate may be received in proceeding before a court as evidence of the matter certified.

(3) Subsection is without prejudice to the right of a person to adduce evidence in rebuttal.

(4) The matter that the Chief Geologist may certify are that a specified:

(a) Mineral right was granted, transferred, suspended or cancelled on, or

(b) Land is, or was on a specified date, the subject of a specified mineral right;

(c) Mineral is a mineral to which specified mineral rights relates;

(d) Condition is, or was on a specified date, a condition of a specified mineral right;

(e) Condition was a condition subject to which a specified consent was given under this Act;

(f) Person is, or was on a specified date, the holder of a specified mineral right.

(5) In subsection (4), “specified” means specified in the certificate.

In the chapter, unless the content otherwise requires

“deal in”, in respect of a restricted mineral, means to purchase, sell, deal in, receive or dispose of by way of barter, pledge or otherwise, the restricted mineral, either as principal or as agent;

“possess” in respect of a restricted mineral, means to have possession or control of the restricted mineral either personally or through an agent or employee;

“restricted mineral” means a mineral declared to be a restricted mineral by regulations made under section

“special licence” means a licence to deal in or possess a restricted mineral granted in accordance with regulation made under section.

The Minister may, by regulations, declare any mineral, in its refined or unrefined state or in both states, to be a restricted mineral.

(1) Unless specifically authorised to do so by a mineral right, a person shall not deal in or possess a restricted mineral except with, and in accordance with a special licence.

(2) A person who contravenes subsection (1) commits an offence and is liable on conviction.

(a) In the case of an individual, to a fine of not less than fifty thousand dalasis or imprisonment for a term not exceeding three years or to both the fine andimprisonment, or

(b) In any other case, to fine of not less than five hundred thousand dalasis.

(3) A court that finds a person guilty of an offence under this section may, in addition to any other penalty it imposes, order that the restricted mineral connected with the offence be forfeited to the State.

(1) The Minister may make regulation to establish a system for licensing persons to deal I or possess restricted minerals.

(2) Regulations made for the purpose of subsection may, In particular, do all or any of the following:

(a) Prescribe the manner in which an application for a licence to deal in and possess a restricted mineral may be applied for;

(b) Prescribe how an application for a special licence shall be dealt with;

(c) Prescribe the matters to be taken into consideration before a special licence may be granted;

(d) Prescribe the persons to whom a special licence may or may not be granted;

(e) Prescribe the qualification a person must possess and the security a person must give before a person may be granted a special licence;

(f) prescribe the manner in which and the person by whom a special licence may be granted;

(g) Prescribe the conditions subject to which a special licence may be granted;

(h) Prescribe how a special licence may be amended, assigned, surrendered or revoked;

(i)Prescribe the fees, royalties and other charges to be paid for or under a special licence;

(j)Permit the Minister or the Chief Geologist, or both to exercise powers under the regulations at their discretion;

(k)Prescribe the records to be kept by holders of special licences and the form in which they may be kept;

(l)Prescribe the action to be taken by person who find themselves in possession of a restricted mineral other than in accordance with a mineral right or special licence;

(m)Prescribe offences and penalties in respect of the system established under subsection.

(1) A person who receives information relating to the business or other affairs of a person:

(a) Under or for the purpose of this Act; or

(b) Directly or indirectly from a person who has received it;

Shall not disclose the information without the consent of the person to whom it relates and, where paragraph (b) applies, the person from whom it was received.

(2)A person who fails to comply with subsection (1) commits an offence and Is liable on conviction to a fine of not less than twenty thousand dalasis or imprisonment for a term not exceeding two years, or to both the fine and imprisonment.

(3)This section does not apply to information:

(a)That, at the time of disclosure, had already been made available to the public from other sources; or

(b)In the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it.

(4) This section does not preclude the disclosure of information necessary to enable a person to discharge a function under this Act.

(1) This section applies where it is proved that an offence under this Act committed by a partnership, body corporate or an unincorporated association was committed with the consent or connivance of, or was attributable to neglect or default on the part of:

(a) A person who is partner, director, manager, secretary or other similar officer of the partnership, body corporate or association, or

(b) A person purporting to act in that capacity.

(2) Where this section applies, the person referred to in subsection (1)is also guilty of the offence and is liable in the same manner as the partnership, company or association to the penalty provided for the offence.

A person who knowingly and wilfully aids, abets, counsels, causes, procures or commands the commission of an offence under this Act is liable to be dealt with, tried and punished as a principal offender.

(1) A person shall not knowingly:

(a) Make a statement in an application under this Act that is false or misleading in a material particular, or

(b) Include in a report return or affidavit submitted in compliance with this Act, information that is false or misleading in a material particular.

(2) A person who fails to comply with subsection commits an offence and is liable on conviction to a fine of fifty thousand dalasis or imprisonment for a term not exceeding two years or to both the fine and imprisonment.

(1) A person shall not

(a) Place or deposit material in a place with the intention of misleading another person as to the mineral possibilities of that place; or

(b) Mingle, with a sample of ore, a substance that will enhance the value or in any way change the nature of the ore with the intention of cheating, deceiving or defrauding another person.

(2) A person who fails to comply with subsection commits an offence and is liable to a fine of not less than fifty thousand dalasis or imprisonment for a term not exceeding two years or to both the fine and imprisonment.

(1) A person shall not, without reasonable excuse, obstruct or hinder the holder of a mineral right from doing an act that the holder is authorised to do by this Act or the mineral right.

(2) A person who fails to comply with subsection (1) commits an offence and is liable to a fine of not less than fifty thousand dalasis or imprisonment for a term not exceeding two years or to both the fine and imprisonment.

(3) In subsection (1), a reference to the holder of a mineral right includes a person acting on behalf of that holder.

When assessing the level of a fine to be imposed in respect of an offence under this Act, the court imposing the fine shall take into account:

(a)The measure of any benefit the person gained or was likely to gain by virtue of the offence;

(b)The length of any period during which the conduct giving rise to the offence continued;

(c)Whether the person has previously been convicted of an offence of the same or similar nature and, if so, on how many occasions; and

(d)Any special, unusual or unexpected circumstance that gave rise to the commission of the offence.

(1) An officer of the Geological Unit, a police officer, a customs officer or a Badge Messenger may stop a vehicle or vessel engaged in transporting or moving minerals on any road or inland waterway for the purpose of inspection of the minerals.

(2) Anofficer of the Geological Unit, a police officer, a customs officer, an Alkalo or a Badge Messenger may arrest, without a warrant, a person who may be reasonably suspected of having committed an offence under this Act, if:

(a) The person refuses to give his or her name or addressor gives a name or address which he or she believes to be false, or

(b) There is reason to believe that the person will abscond,

But a person so arrested shall be taken before a court or to the nearest police station without unreasonable delay.

(1) An officer of the Geological Unit, or a police officer not below the rank of sergeant, may seize a mineral reasonably suspected of having been unlawfully obtained and an instrument or a thing reasonably suspected of having been used in the commission of an offence under this Act.

(2) An action shall not be brought against the officer, or person acting under his or her direction in respect of damage to the instrument or thing seized in pursuance of the provisins of subsection (1).

The Geological Unit may, after obtaining an order from a Magistrate

(a)sell any mineral, instrument or thing seized and pay to Government treasury the proceeds of the sale after deducting the expenses of the sale ;

(b)allocate the mineral, instrument or thing to the use of Government ;

(c)in the case of beach sand, re-deposit the sand at the beach at the expense of the offender ; or

(d)in the case of an instrument or thing, destroy the instrument or thing.

(1) This section applies to a decision by the Minster

(a) not to issue a licence ;

(b) as to the conditions imposed by a licence ;

(c) not to approve the transfer of a licence ;

(d) as to the conditions imposed on an approval to transfer a licence ;

(e) as to the period of validity of a licence or to the period of any extension or further extension of the period of validity of a licence ; or

(f) to suspend or to cancel a licence.

(2) This section also applies to a decision by the Minister made on an appeal to the Minister against a decision by the Chief Geologist.

(3)The Chief Geologist does not have a right of appeal under subsection (2).

(4) A person aggrieved by a decision of the Minister to which this section applies may appeal to the Hight Court for a judicial review.

(1) This section applies to a decision by the Chief Geologist

(a) not to issue a permit or authority ;

(b) as to the conditions imposed by a permit or authority ;

(c) not to approve a trnsfer of a permit or authority ;

(d) as to the conditions imposed on an approval to transfer a permit or authority ;

(e) as to the term of a permit or authority or to the term of any extension or further extension of the term of a permit or authority ; or

(f) to suspend or cancel a permit or authority.

(2) A person aggrieved by a decision of the Chief Geologist to which this section applies may appeal against the decision to the Minister

(3) On an appeal under this section the Minister may

(a) confirm the decision of the Chief Geologist ;

(b) order the Chief Geologist to revoke his or her decision ; or

(c) order the Chief Geologist to take some other action in accordance with this Act.

(4) The Chief Geologist shall comply with an order made under subsection(3).

(5) This section does not prejudice any right a person may have to apply to the Hight Court for judicial review.

A fee, royalty or other charge due to the State under this Act is a debt due to the State and may be sued for accordingly.

Nothing in this Act or in a mineral right granted under this Act exempts or is to be interpreted as exempting a person from compliance with the National Environment Management Act.

(1) An authorised person may enter any premises to carry out geological investigation and research.

(2) Unless the occupier otherwise agrees, an entry into premises under subsection(1) shall not be made unless

(a) at least forty-eight hours written notice of the intention to enter the premises has been given to the occupier of the premises ; and

(b) the entry is made at a reasonable time having regard to the use of the premises.

(3) An authorised person has no authirity to enter premises under this section unless, when asked to do so bay a person apparenty in occupation of the premises, the authorised person produces for inspection his or her appointment as an authorised person.

(4) An authorised person entering premises under this section shall not cause damage to those premises other than a damage that may be necessary to carry out the geological investigation or research in respect of which the entry was made.

(5) An authorised person entering premises under this section may be accompanied but such other persons and by such equipment supplies and vehicles as the circumstances may reasonably require.

(6) In this section, ‘‘authorised person’’ means the Chief Geologist and any other officer or person authorised in writing by the Chief Geologist to carry out geological investigation and research on behalf of the Geological Unit.

(1) The Minister may make regulations to give better effect to this Act.

(2) In particular, regulations may provide for matters that this Act states are to be prescribed or are to be provided for by regulations.

(3) Regulations may provide

(a) for fees, royalties and other charges payable by virtue of this Act ;

(b) for the way in which a fee, royalty or other charge is to be calculated ;

(c) that different fees, royalties and other charges shall be payable in respect of different types of mineral rights, different minerals and different locations ;

(d) that, in addition to any application fee, there shall be payable to the State, in respect of all or any mineral right, an annual charge payable on the grant of the mineral right and then annally on the anniversary of the grant so long as the right subsists ;

(e) for the annual charge to be paid and for different charges to be paid in respect of different types of mineral rights, differnt minerals and different locations ;

(f) for the procedures for inviting tenders and the conditions for tendering in response ;

(g) for how an area specified in a mineral right is to be properly and efficiently worked ;

(h) for the proscription of wasteful practices ;

(i) for the standards for work and machinery connected with prospecting ang mining ;

(j) for the measures to be taken to protect the environment, including measures

(i)to protect the air, surface and ground waters and soil from pollution ; and

(ii) requiring the restoration of land on which mining or quarrying operations have beenconducted ;

(k) for the measures to be takenin respect of an area where mining or quarrying operations are being carried out relating to sanitation and health, including the establishment of cemeteries ;

(l) that accidents and deaths occurring in connection with prospecting, or mining or quarrying operations are to be reported and for the manner in which they are to be reported ;

(m) the measure to be taken to make land, works or machinery over or with wich prospecting, mining or quarrying operations take ;

(n) for the records, accounts, books and documents that shall be kept, the manner in which they are to be kept, the manner and time they are to be produced for inspection and the period during which they shall be retained :

(o)

For the Minister, the Chief Geologist or a public officier authorised by either of them to do s ogive directions,

(p) that mineral rights are not to be granted in an area specified in the regulations or in an area of a type or description specified in the regulations,

(q) that mineral rights or a specified mineral right is not to be exercised :

(i) in an area specified in the regulations or an area of a type or description specified in the regulations, or

(ii) is not to be exercised within a specified distance of the area,

(r) that the mining or quarrying of a specified mineral does not need approval under this Act, and regulations made for that purpose may provide that :

(i) they apply in an area specified in the regulations or in an area of a type or description specified in the regulations, and

(ii) the approval of some other person or body is needed to mine or quarry the mineral and provide how that approval may be sought and given ; and

(srep) that a breach of any provision of the regulations is an offence and provide for a fine or imprisonment, or both in respect of the offence.

The Minerals Act is hereby repealed.

(1) A mining lease granted under section 29 of the repelead Minerals Act and in force immediately before the commencement of this Act shall continue in force, as if it were a mining licence granted by the Minister under this Act.

(2) Subject to this Act, a mining lease shall continue in force :-

(a) With any necessary amendments to make it applicable under this Act, and

(b) For a period expiring on the same date as it would have expired had this Act not been enacted.

(3) Notwithstanding the provisions of subsection (1), a person who is to be taken as the holder of a mining licence by virtue of that subsection shall have the same right on the expiration or other determination of that licence to remove a plant, building or other property as the person would have had under section 40 of the Minerals Act had that Act not been repelead.

(1) A mining right granted under section 24 of the Minerals Act and in force immediately before the commencement of this Act shall continue in force, notwithstanding the repeal of that Act, as if it were a mining permit granted by the Chief Geologist under this Act.

(2) Subject to this Act, a mining right shall continue in force :-

(a) With any necessary amendments to make it applicable under this Act ; and

(b) For a period expiring o the same date as it would have expired had this Act not been enacted.

(1) An exclusive prospecting licence granted under section 13 of the Minerals Act and in force immediately before the commencement of this Act shall continue in force nothwithstanding the repeal of that Act by this Act, as if it were a prospecting licence granted by the Minister under this Act.

(2)Subject to this Act, an exclusive prospecting licence shall continue in force :-

(a)With any necessary amendments to make it applicable under yhis Act ; and

(b)For a period expiring on the same date as it would have expired had this Act not been enacted.

(1) A prospecting right issued under section 11 of the Minerals Act and in force immediately before the commencement of this Act continues in force, notwithstanding the repeal of that Act as if it were a prospecting permit granted by the Chief Geologist under this Act.

(2)Subject to this Act, a prospectingright shall continue in force :-

(a) with any necessary amendments to make it applicable under this Act ; and

(b) for a period expiring on the same date as it would have expired had this Act not been enacted.

(1) A licence granted under section 68 of the Minerals Act and in force immediately before the commencement of this Act shall continue in force, nothwithstanding the repeal of that Act as if it were a special licence granted in accordance with regulations made under of this Act.

(2) Subject to this Act, a special licence shall continue in force :-

(a) with any necessary amendments to make it applicable under this Act ; and

(b) for a period expiring on the same date as it would have expired had this Act not been enacted.

(1) A thing done under the Minerals Act that could have been done under this Act, and not invalidated on the repeal of the Minerals Act shall continue to have effect as if done under this Act.

(2) A proceeding in respect of anything done under the Minerals Act that could have been taken under that Act if it had not been repealed by this Act may be taken under this Act.

(3) A proceeding pending under the Minerals Act immediately before the commencement of this Act may be continued under this Act.

(4) An application made under the Minerals Act before the repeal of that Act and outstanding at the commencement of this Act shall have effect as if it were an application made under this Act and shall be dealt with accordingly.

(5) Nothing in this section prejudices the general application of section 10 of the Interpretation Acct (which relates to the effect of repeals).

(1) The Minister may make regulations containing further transitional and saving provisions.

(2) Regulations made under subsection (1) may, in particular, provide that a provision of this Act shall :

(a) not apply to or un respect of a specified person or class of person or class of persons or in respect of a mining or quarrying operation carried out by that person or class of persons or the possession or purchase of a specified mineral by that person or class of persons ;

(b) apply with such modifications as are specified in the regulations, or

(c) not apply with modification soecified in the regulations during such period as is specified in the regulations.

(3) regulations made under subsection (1) may also provide that, notwith stading the repeal of the Minerals Act, a provision of that Act shall continue to apply (either for a definite or indefinite period) to or in respect of a person specified in the regulations, as if that Act had not been repealed and either with or without modification specified in the regulations.

(4) Regulations made under subsection (1) may be made to have effect retrospectively.