Regulations Parliament passes Minerals, Mining Law

The law criminalises illegal small scale mining but unlike the old law, it criminalises mining by foreigners and Ghanaians without a permit.

  • Published:
File photo play

File photo

24/7 Live - Subscribe to the Pulse Newsletter!

Parliament has  passed the Minerals and Mining ( Amendment ) Law, 2014. The object of the law is to amend the Minerals and Mining Act, 2006 (Act 703).

The amendments are two-fold, first to enable the Minister of Lands and Natural Resources, Nii Osah Mills, to make regulations to prescribe a rate for royalty payments and the second is to provide for the confiscation of equipment used in illegal small scale mining.

With regard to the payment of royalties, the law amends section 25 of Act 703 to remove the fixed rate of five per cent in respect of royalty payment and provides that the payment has to be made to the Republic at the rate, and in a manner as prescribed.  The payment of royalty is in respect of minerals obtained from mining operations.

Read more: 35 illegal miners feared dead in galamsey pit collapse

Just like Act 703, the law criminalises illegal small scale mining, popularly known as galamsey, but unlike the old law, it criminalises mining by foreigners and Ghanaians without a permit.

Clause two of the new law  criminalises the engagement of foreigners in small-scale mining operations and also makes it an offence for a Ghanaian to employ or engage a foreigner to undertake or participate in illegal small scale-mining activities.

See also: Delays in obtaining licenses hampering our business - Small Scale Miners

Clause three of the law empowers the court to order the forfeiture to the state of any mineral extracted as a result of the offence, while clause four ensures strict liability for offences committed under the law.

In that regard,  an accused person could be convicted even if it is proven that he or she did  not knowingly commit the offence.

Offences and penalties

Under the new law, a person who sells or buys minerals without a licence granted or without valid authority commits an offence and is liable to a summary conviction to a fine of not more than 3,000 penalty units or to a term of imprisonment of not more than five years or to both.

Currently, 100 penalty units are equivalent to GH¢1,200.

A foreigner who undertakes small scale mining operations contrary to the provisions of the law commits an offence and is liable on summary conviction to a fine of not less than 30,000 penalty units and not more than 300,000 penalty units or to a term of imprisonment of not more than 20 years or both.

Read also: Stop engaging children in galamsey - Minister

A Ghanaian  who employs or engages a foreigner to illegally undertake or participate in small- mining scale  in the country commits an offence and is liable on summary conviction to a fine of not more than 17,000 penalty units or to a term of imprisonment of not more than 10 years or to both.

Credit:graphic.com.gh

Recommended Articles

Recommended Videos





Top Articles

1 NPP Government Ghana fortunate to have Akufo-Addo as president- Rawlingsbullet
2 NPP Government Has Akufo-Addo’s deputy ministerial appointments been...bullet
3 State Asset Why NPP government seized NDC MP’s Toyota vehiclebullet
4 #PulseLive What President Nana Addo had to say during his first SOTNbullet
5 NPP Government We are going to fix difficult economy inherited...bullet
6 Campaign Over! Don't forget your promise to us - Akpeteshie...bullet
7 NPP Government Akufo-Addo hails troops' contribution in...bullet
8 Bribery Scandal I don't have evidence; allegation came...bullet
9 Bribery Scandal I never received any money from Agyarko...bullet
10 Sanctioned NDC suspends Teye Nyaunu for misbehaviorbullet

Top Videos

1 Video What Ghanaians are saying about Agyarko's bribery allegation casebullet
2 Election 2016 New NPP campaign ad features Mills, Rawlings calling for...bullet
3 Election 2016 Obinim threatens to rig elections for Mahama, Nana Addobullet
4 New Government Swearing in of Nana Akufo-Addo and Dr Bawumiabullet
5 Election 2016 Mahama tried bribing Bugri with GHC40,000 and a V8...bullet
6 Election 2016 IGP is an 'asshole' - Ken Agyapongbullet
7 Election 2016 President Mahama Commissions the Kwame Nkrumah...bullet
8 Election 2016 I'll vote for Mahama - Nyaho Tamakloebullet
9 Watch Gbese Mantse vows to abdicate if Nana Addo winsbullet
10 The Gambia Mahama touts achievements to ECOWAS leadersbullet

Politics