|
MERCURY LAW, 1989 (PNDCL 217)
ARRANGEMENT OF SECTIONS
Section
1. Possession etc. of Mercury
without Licence.
2. Power to Grant and Revoke
Licence.
3. Buying and Transferring Mercury
from or to Unauthorised Person.
4. Small-Scale Gold Miners
Authorised to Possess Mercury.
5. Offences and Punishment.
6. Cancellation of Licence by
Court and Forfeiture.
7. Burden of Proof.
8. Repeal.
9. Interpretation.
IN pursuance of the Provisional
National Defence Council
(Establishment) Proclamation,
1981, this Law is hereby made:
Section 1—Possession Etc. of
Mercury Without Licence.
Any person who—
(a) imports any quantity of
mercury into the country; or
(b) has in his possession or buys,
sells or transfers any mercury,
except under a licence issued
under this Law shall be guilty of
an offence and shall on conviction
be liable to a fine not exceeding
¢2,000,000.00 or to a term of
imprisonment not exceeding two
years or to both.
Section 2—Power to Grant and
Revoke Licence.
(1) The Secretary for Trade may
issue a licence to any person
authorising him to import into the
country, possess, buy, sell or
deal in mercury, subject to such
conditions as may be specified in
the licence.
(2) The Secretary for Trade may,
at any time cancel any licence
issued by him under this Law if he
is satisfied that —
(a) the licensee is in breach of
any of the terms and conditions of
the licence or this Law; or
(b) it is in the national interest
to do so.
Section 3—Buying and Transferring
Mercury from or to Unauthorised
Person.
Any person who—
(a) buys or receives any mercury
from a person not authorised to
sell or deal in mercury; or
(b) sells or transfers any mercury
to a person not authorised to buy
or have possession of mercury,
shall be guilty of an offence and
shall on conviction be liable to a
fine not exceeding ¢2,000,000.00
or to imprisonment for a term not
exceeding two years or to both.
Section 4—Small-Scale Gold Miners
Authorised to Possess Mercury.
(1) Notwithstanding anything
contained in any enactment to the
contrary licensed small-scale gold
miners may purchase from licensed
mercury dealers such reasonable
quantities of mercury as may be
shown to be necessary for the
purpose of their mining
operations.
(2) Small-scale gold miners shall
observe good mining practices in
the use of mercury for carrying
out mining operations.
Section 5—Offences and Punishment.
Any small-scale miner who —
(a) sells or deals in mercury;
(b) is found to be in possession
of more mercury than he reasonably
requires for his mining
operations; or
(c) does not observe good mining
practices in the use of mercury
for his mining operations,
shall be guilty of an offence and
shall on conviction be liable to a
fine not exceeding ¢2,000,000.00
or to imprisonment for a term not
exceeding two years or to both.
Section 6—Cancellation of Licence
by Court and Forfeiture.
(1) The court before which any
person who holds a mercury licence
is convicted of an offence under
this Law may order such licence to
be cancelled.
(2) Any quantity of mercury with
respect to which an offence has
been committed under this Law
shall by order of the court be
forfeited to the State.
Section 7—Burden of Proof.
In any proceedings under this Law,
the burden shall be on the person
charged for dealing in or
possessing mercury to prove that
he holds a valid licence to
possess or deal in such mercury.
Section 8—Repeal.
The Mercury Ordinance (Cap. 184)
is hereby repealed.
Section 9—Interpretation.
In this Law unless the context
otherwise requires —
"mercury" means the metal known as
mercury or quicksilver.
Made this 19th day of April, 1989.
FLT.-LT. JERRY JOHN RAWLINGS
Chairman of the Provisional
National Defence Council
Date of Gazette Notification: 19th
May, 1989.
|
