LEGISLATIVE OVERVIEW

The legislative framework for mining in Ghana is laid down in the Minerals and Mining Law, 1986, PNDCL 153 (Law 153) as amended by the Minerals and Mining Amendment Act 1993, Act 475 (Act 475) and modified by the provision of the Constitution of 1993 (The Constitution). Within this legal framework, the State is the owner of all minerals accurring in their natural state within Ghana's land and sea territory, including its exclusive economic zone. All minerals in Ghana are vested in the President on behalf of and in trust for the people of Ghana. Thus, of who owns the land upon or under which minerals are situated, the exercise of any mineral right requires, by lwa, a licence to be granted by the Minister for Mines (the sector Minister) who acts as an agent of the State for the exercise of powers relating to minerals. Mineral rights are legally defined to include the the rights to reconnoitre, prospect for, and mine minerals. The sector Minister is also authorised to exercise, within defined limits, powers relating to the transfer, amendment, renewal, cancellation and surrender of mineral rights. The powers conferred upon the Minister must be exercised contingent upon the advice of the Minerals Commission (MINCOM), which has the authority under the Constitution to regulate and manage the utilisation of mineral resources and co-ordinate policies in relation to minerals. Law 153 specifies the forms of mineral rights that the sector Minister is empowered to grant, the duration of the grant, the size of the concessions, and eligibility criteria for the grantee, as well as the precedure for application for mineral rights. The Law also spells out in broad terms the rights and obligations of a holder of a mineral right and the terms and condition upon which each mineral right grant should be made. A mineral right granted is not transferable or tradable in any form except with the prior written consent of the sector Minister.

MINING REGULATIONS

There are a number of mining related laws and regulations that have been put in place to promote and regulate the extraction and marketing of various minerals in the country. The following is a summary of the various laws affecting the mining sector in Ghana. Principal Legislation Principal laws include:

• Constitution, 1993
• Additional Profits Tax Law 1985 (PNDCL 122)
• Diamonds Decree 1972 (NRCD 32)
• Diamonds [Amendment] Law 1989 (PNDCL 159)
• Gold Mining Products Protection Ordinance (Cap 149)
• Mercury Law 1989 (PNDCL 217)
• Minerals and Mining Law 1986 (PNDCL 153)
• Minerals and Mining Amendment Act 1994 (Act 475)
• Precious Minerals Marketing Corporation Law 1989 (PNDCL 219)
• Rivers Ordinance (Cap 226)
• Small-Scale Gold Mining Law 1989 (PNDCL 218)
• State Gold Mining Corporation [Acquisition of Assets Amendment] Decree 1968 (NLCD 218). Subsidiary

LEGISLATION ADDITIONAL LAWS

• Diamond Mining Industry Protection Regulations 1927
• Minerals (Offshore) Regulations 1963 (L.I. 257)
• Minerals Regulations 1937
• Minerals Regulations 1962 (L.I. 231)
• Minerals Regulations 1963 (L.I. 253)
• Mining Regulations 1970 (L.I. 665)
• Mineral (Royalties) Regulations 1987 (L.I. 1349)
• Prospecting and Digging Licence Regulations 1950
• Transactions in Gold Regulations 1947.

MINERAL LEGISLATION INDEX

 »Mining and Mineral Law 1986

 »Minerals and Mining Law (Amendment)

 »Small Scale Gold Mining Law 1989

 »Mercury Law 1989

 »Diamond (Amendment) Law 1989