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MINERALS
AND
MINING (AMENDMENT) ACT, 2015
ACT 900
ARRANGEMENT
OF SECTIONS
Section
1.
Section
25
of
Act
703
amended
2.
Section
99
of
Act
703
amended
3.
Section
106
Act
703
amended
4.
Section
107
of Act
703
amended
5.
Section
110
of
Act
703
amended
6.
Repeal
and
savings
ACT
OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
MINERALS AND MINING (AMENDMENT)
ACT, 2015 (ACT
900)
AN ACT to amend the Minerals and
Mining Act, 2006 (Act 703) to
provide for Regulations to be
made to prescribe the manner for
the payment of royalties; the
confiscation of equipment used
in illegal small scale mining
and for related matters.
DATE OF ASSENT:
PASSED by Parliament and
assented to by the President:
Section 25 of Act 703 amended
1. The Minerals and Mining Act,
2006 (Act 703), referred to in
this Act as the principal
enactment, is amended by the
substitution for section 25 of
"Royalties
25. A holder of a mining lease,
restricted mining lease or small
scale mining lease shall, in
respect of minerals obtained
from its mining operations, pay
royalty to the Republic at the
rate and in the manner that may
be prescribed."
Section 99 of Act 703 amended
2. The principal enactment is
amended by the substitution for
section 99 of
"Offences and penalties
99. (I) A person who sells or
buys minerals without a licence
granted under section 97 or I 04
or without a valid authority
granted under this Act or any
other enactment commits an
offence and is liable on summary
conviction to a fine of not more
than
three thousand penalty units or
to a term of imprisonment of not
more than five years or to both.
(2) A person who,
(a)
without a licence granted by the
Minister, undertakes a small
scale mining operation contrary
to the provisions of this Act,
or
(b)
acts in contravention of a
provision of this Act in respect
of which a penalty has not been
specified,
commits an offence and is liable
on summary conviction to a fine
'of not more than three thousand
penalty units or to a term of
imprisonment of not more than
five years or to both.
(3) A foreigner who undertakes
small scale mining operations
contrary to the provisions of
this Act commits an offence and
is liable on summary conviction
to a fine of not less than
thirty thousand penalty units
and not more than three hundred
thousand penalty units or to a
term of imprisonment of not more
than twenty years or to both.
(4) A Ghanaian who employs or
engages a foreigner to illegally
undertake or participate in
small-scale mining commits an
offence and is liable on summary
conviction to a fine of not less
than two thousand penalty units
and not more than twenty
thousand penalty units or to a
term of imprisonment of not less
than five years and not more
than ten years or to both.
(5)
Where a person is arrested for
an offence under subsection (3)
or (4), any equipment used in or
associated with the commission
of the offence and any product
derived from the commission of
the offence shall, regardless of
the ownership of
the equipment or product, be
seized and kept in the custody
of the police.
(6) A court which convicts a
person for an offence under
subsection (2), (3) or (4) shall
in addition to the penalty that
it may impose, order the
forfeiture of any equipment or
product seized under subsection
(5) to the State.
(7) The Minister shall, within
sixty days after the
confiscation of the equipment or
product, allocate the equipment
or product to the appropriate
state institution and publish in
the Gazette the name of
the state institution to which
the equipment
or product is allocated.
(8) In this section, "court"
includes the Circuit Court."
Section 106 of Act 703 amended
3. The principal enactment is
amended in section 106 by the
addition
of a new subclause (2) as
follows:
"(2) Without limiting section
99, a court before which a
person is convicted under this
Act shall order the forfeiture
to the State of the mineral in
respect of which the offence was
committed. "
Section 107 of Act 703 amended
4. The principal enactment is
amended in section 107 by the
deletion of subsection (2).
Section 110 of Act 703 amended
5. The principal enactment is
amended in section 110 by the
addition of a new paragraph
after paragraph (u) in
subsection (2) as follows:
"(v) prescribing the rate for
royalty and the manner of
royalty payments in respect of
minerals."
Repeal and savings
6. (1) The Minerals and Mining
(Amendment) Act, 2010 (Act 794)
is repealed.
(2) Despite the repeal of Act
794, the rate of royalty in
force immediately before the
commencement of this Act shall
continue in force until the rate
is altered.
Date of Gazette
notification: |
