MINERALS ACT AND REGULATIONS (AMENDMENT) DECREE, 1969  (NLCD 344)

ARRANGEMENT OF REGULATIONS

Regulation

1.  Amendment to Act 126.

2.  Revocation of regulation 15 of LI 231.

3.

4. Commencement.

IN pursuance of the Proclamation entitled "Proclamation for the Constitution of a National Liberation Council for the administration of Ghana and for other matters connected therewith", published in Gazette No. 11 of 28th February, 1966, this Decree is hereby made:—

Regulation 1—Amendment to Act 126.

The Minerals Act, 1962 (Act 126) is hereby amended:—

(a) in section 2 thereof by the addition next after subsection (3) thereof, of the following new subsection:—

"(4) Notwithstanding any other enactment for the time being in force, a licence granted in respect of any of the matters specified in subsection (1)(a) of this section in accordance with regulations made under this Act and executed by the Commissioner responsible for Lands and Mineral Resources or the Commissioner to whom functions under this Act are assigned by the National Liberation Council, or by a person authorised by any such Commissioner in that behalf by notice published in the Gazette, shall be valid and have full effect."

(b) by the addition next after section 2 thereof, of the following new section:—

2A. "Licence to Prevail in Cases of Conflict.

Where any enactment for the time being in force is in conflict with any term of a licence as is mentioned in section 2(1) and (4) of this Act, the term of the licence shall to the extent of the conflict prevail over that enactment."

Regulation 2—Revocation of regulation 15 of LI 231.

The Minerals Regulations, 1962 (LI 231) are hereby amended by the revocation of regulation 15 thereof.

Amendment of LI 257.

Regulation 3— The Minerals (Off-shore) Regulations, 1963 (LI 257) are hereby amended:—

 (a) in regulation 10 thereof by the substitution for subregulation (1) of that regulation, of the following new subregulation:—

"10 (1) Every licensee shall, as far as is practicable, so conduct his operations as to ensure that:—

(a) the sea is not polluted thereby;

(b) no organic life is damaged thereby; and

(c) no mineral or water-bearing formations of the sea bed are damaged thereby by the introduction therein of any extraneous matter.";

(b) in regulation 18 thereof by the substitution for subregulation (1) of that regulation, of the following new subregulation:—

"18 (1) Operations under an off-shore licence may, in the event of war or an emergency declared by the Government, be restricted or suspended if, either

(a) the Commissioner responsible for Defence, for the purpose of the defence of the Republic; or

(b) the Commissioner responsible for the Interior, for securing the internal security of the Republic, so directs.";

(c) by the revocation of regulation 21(5) thereof; and

(d) by the substitution for regulation 21 A thereof, of the following new regulation:—

21A. "Certain Regulations not to Apply to Certain Petroleum Licences.

Regulations 2, 3(1)(b), 4, 6, 21 and 22(b) of these Regulations shall not apply to any off-shore licences for the prospecting of petroleum executed by or on behalf of the Government on or before the 1st day of January, 1969 or to any licences for the winning of petroleum deriving therefrom."

Regulation 4—Commencement.

This Decree shall be deemed to have come into force on the 27th day of November, 1968.

Made this 18th day of April, 1969.

BRIGADIER A. A. AFRIFA

Chairman of the National Liberation Council

Date of Gazette Notification:  25th April, 1969.