No. 14 Mining 2010
THE MINING ACT, 2010
A RRANGEMENT OF S ECTIONS
Section Title
PART I
P RELIMINARY P ROVISIONS
1. Short title and commencement.
2. Application.
3. Disapplication to petroleum.
4. Interpretation.
PART II
G ENERAL P RINCIPLES
5. Control of minerals.
6. Authority required for prospecting or mining.
7. Mineral rights and exclusivity.
8. Restriction on grant of mineral rights.
9. Mineral rights transferable.
10. Development agreement
11. Validity of development agreement.
12. Review of development agreement.
13. Joint and veral obligations.
14. Priority between competing applications.
15. Applications for mineral rights by tender.
16. Exclusive areas for primary licenes.
17. Specified gemstone.
18. Offences relating to unauthorid trading of minerals.
PART III
A DMINISTRATION
19. Appointment of commissioner for minerals and other officers.
20. Execution and delegation of functions of Commissioner.
21. Geological rvices.
22. Geological survey, mapping and prospecting.
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23. Mining Advisory Board.
24. Committees of the Board.
25. Prohibition against the disclosure of information.
26. Zonal Mines Offices.
27. Indemnity
PART IV
M INERAL R IGHTS
DIVISION A
Prospecting Licence and Retention Licence:
(i) Prospecting Licence
28. Application for prospecting licence.
29. Prospecting licence by tender.
30. Minimum expenditure.
31. Condition for grant of prospecting licence.
32. Grant, renewal and relinquishment of prospecting licence.
33. Notification of grants.
34. Content of prospecting licence.
35. Rights of holder of prospecting licence.
36. Obligations of holder of a prospecting licence.
(ii) Retention Licence
37. Application for retention licence.
38. Grant of retention licence.
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DIVISION B
Special Mining Licence and Mining Licence
(i) Applications for Special Mining Licence and Mining Licence
39. Applicants.
40. Effect of application under this head on prospecting licence.
(ii) Special Mining Licence
41. Application for special mining licence.
42. Grant of special mining licence.
43. Duration of special mining licence.
44. Content of special mining licence.
45. Renewal of special mining licence.
46. Rights of holder of special mining licence.
47. Obligations of holder of special mining licence.
48. Amendments of special mining licence by holder.
(iii)Mining Licence
49. Application for mining licence.
50. Grant of mining licence.
51. Rights of holder of mining licences.
52. Obligations of holder of mining licences.
53. Renewal of mining licence.
DIVISION C
Primary Licences
54. Application for primary mining licence.
55. Grant and validity of primary mining licence.
56. Renewal of primary mining licence.
57. Allocation of primary mining licences to mine in exclusive primary area.
58. Conversion of primary mining licences to mining licences.
DIVISION D
Processing, Smelting and Refining Licences
59.Mineral right holder to t aside minerals for processing, smelting or refining
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60.Application and grant of licence for processing minerals
61. Application and grant of licence for smelting or refining minerals
DIVISION E
Supplementary provisions affecting mineral rights
62. Surrender of land subject to mineral right.
63. Suspension and cancellation of mineral rights.
64. Abandonment of land subject to mineral rights
65. Appeals
66. Penalty for failure to pay royalty.
67. Extension of mineral rights during applications.
68. Enlargement of mineral right.
69. Holder of certain mineral right suspending mining operations.
70. Maximum area for mineral rights.
71. Allocation of mining licence by tender.
72. Termination of mining licence where production is insufficient.
PART V
L ICENCES FOR D EALING IN M INERAL OR M INERALS
(i) Dealer licence
73. Application for dealer licence.
74. Grant of dealer licence.
75. Duration and renewal of dealer licence.
76. Rights of holder of dealer licence.
77. Holder to keep records and accounts.
78. Minimum turnover requirements.
79. Termination of dealer licence for default.
(ii) Broker Licence
80. Application for broker licence.
81. Grant of broker licence.
82. Duration and renewal of a broker licence.
83. Rights of holder of broker licence.
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84. Holder to keep records and accounts.
85. Termination of broker licence for default.
86. Prohibition against dealing in certain minerals.
PART VI
R OYALTIES, F EES AND O THER C HARGES
87. Royalties.
88. Payment in lieu of royalties.
89. Provisional asssment of royalties.
90. Sorting fees.
91. Prohibition on disposal of minerals.
92. Charges in respect of mineral rights and licences.
93. Recovery of fees.
PART VII
R ESTRICTIONS, R EPORTS AND THE R IGHT OF E NTRY
94. Security of gold and gemstones mining operations.
95. Restriction of rights of entry of holder of a mineral right.
96. Rights under a mineral right to be exercid reasonably.
97. Compensation, relocation and rettlement.
98. Removal of minerals.
99. Wasteful practices.
100. Reports, records and information.
101. Authorid officer's power of entry.
PART VIII
D ISPUTES S ETTLEMENT
102. Commissioner may decide disputes.
103. Enforcement of Commissioner's orders.
104. Appeal to High Court.
105. Rules.
PART IX
R EGISTRATION OF M INERAL R IGHTS
106. Registers of mineral rights.
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