Radio-active Minerals Act (No. 6 of 1948)

1. Short title.

2. Interpretation.

3. Prospecting and mining restricted.

4. Holder of licence to report his operations.

5. Export restricted.

6. Grant of licence or permit discretionary.

7. Form of licence and permit.

8. Governor-General to be notified on discovery of any radio-active mineral.

9. Offences.

10. Powers of examination.

11. Power of Governor-General to vary Schedule.

12. Regulations.

13. Saving. SCHEDULE LAWS OF ANTIGUA AND BARBUDA Radio-Active Minerals ( C A P . 362 3 RADIO-ACTIVE MINERALS (21st June, 1948.) 6/1948. S.R.O. 18/1949. 18/1989.

1. This Act may be cited as the Radio-Active Minerals Short title. Act.

2. In this Act- Interpretation. "licence" means a licence issued under the provisions of section 3; "mine" with its grammatical variations and cognate expressions, includes all operations for the inten- tional winning or obtaining of any radio-active mineral; permit" means a permit issued under the provisions of section 5; prospect" with its grammatical variations and cognate expresssions, means to search for any radio-active mineral, and includes such working as is reasonably necessary to enable the prospector to test the radio- active mineral-bearing qualities of the area concerned; " radio-active mineral" means any substance specified Schedule. in the Schedule and as amended from time to time in accordance with the provisions of this Act.

3. Notwithstanding anything to the contrary contained mining Prospecting and in any enactment relating to mining, no person shall within restricted. Antigua and Barbuda prospect for or mine, or attempt to prospect for or mine, any radio-active mineral except under and in accordance with a licence granted by the Governor-General. LAWS OF ANTIGUA AND BARBUDA 4 CAP. 362) Radio-Active Minerals Holder of licence to report his

4. Every holder of a licence shall within the first week operations. of every month furnish the Governor-General with a true report in writing of the prospecting and mining operations conducted by him in the immediately preceding month with , respect to radio-active minerals. Export restricted. 5 . No person shall export, or attempt to export, from Antigua and Barbuda any radio-active mineral except under and in accordance with a permit granted by the Governor- General in that behalf. Grant of licence or permit

6. The grant of a licence or a permit shall be in the discretionary. absolute discretion of the Governor-General who shall be under no obligation to assign any reason for refusing the grant thereof. Form of licence and permit.

7. Every licence and permit shall be in such form and for such period and be subject to the payment of such fee as the Governor-General may determine, and shall contain such terms and conditions as he may think fit to impose. Governor-General to be notified on

8. (1) If any of the radio-active mineral is discovered discovery of any on any land the person by whom such mineral is discovered radio-aciive shall forwith report such discovery to the Governor-General. mineral. (2) If any radio-active mineral is discovered on any land by any person, other than the holder of a licence under this Act, it shall not be removed from such land except with the consent of the Governor-General. Offences. 9. (1) Every person who- (a) prospects for or mines, or attempts to prospect for or mine, any radio-active mineral within Antigua and Barbuda without a licence; or (6) being the holder of a licence, prospects for or mines, or attempts to prospect for or mine, any radio- active mineral within Antigua and Barbuda otherwise than in accordance with any term or condition of his licence; or (c) being the holder of a licence, fails to comply with the requirements of section 4; or LAWS OF ANTIGUA AND BARBUDA Radio-Active Minerals ( C A P . 362 5 ( d ) exports, or attempts to export, from Antigua and Barbuda any radio-active mineral without a per- mit; or ( e ) being the holder of a permit, exports, or attempts to export from Antigua and Barbuda any radio- active mineral otherwise than in accordance with any term or condition of his permit; or (f) obtains, or attempts to obtain, a licence or per- mit by means of any false statement or representation; or (g) fails to comply with any of the requirements of section 8, shall, upon summary conviction or on conviction on indict- ment, be liable to imprisonment with hard labour for twelve months or to a fine of twenty-five thousand dollars or to both such imprisonment and fine: Provided that the Magistrate may, in his discretion, abstain from trying the case summarily and may commit the offender for trial for an indictable offence. (2) Upon conviction of any person for an offence under subsection ( 1 ) any radio-active mineral or prospecting or mining apparatus derived from or employed in the commis- sion of any act in respect of which such person was con- victed, shall be forfeited to Her Majesty.

10. ( 1 ) Any police officer not below the rank of Powers of examination. sergeant or any other officer or class of officers authorized in writing by the Governor-General in that behalf may, for the purposes of enforcing the provisions of this Act, without warrant or other legal process- ( a ) enter and search any place where he has reasonable grounds for suspecting that an offence under this Act has been, or is about to be committed; (b) search any person whom he has reasonable grounds for suspecting to have committed, or to be about to commit, an offence under this Act; (c) arrest any person whom he has reasonable grounds for suspecting to have committed, or to be about to commit, an offence under this Act; LAWS OF ANTIGUA AND BARBUDA 6 C A P . 362) Radio-Active Minerals (d) seize any radio-active mineral or prospecting or mining apparatus connected therewith which he has reasonable grounds to suspect to be, or to be about to derived from, or employed in, the commission of any offence under this Act. (2) Where any person is arrested, or any radio-active mineral or prospecting or mining apparatus is seized, under the provisions of subsection (1) such person, mineral and apparatus shall, as soon as practicable, be brought before the Magistrate of the district. (3) Every person who obstructs, or attempts to obstruct, whether actively or passively, any officer in the execution or purported execution, of his duties under this section, shall be liable, on summary conviction, to imprisonment with hard labour for six months or to a fine of five thousand dollars or to both such imprisonment and fine. Power of Governor-General .

11. The Governor-General may, by order published to vary Schedule. in the Gazette, alter, vary or in any manner amend the Schedule. Regulations. 12.· The Cabinet may make such regulations for giving better effect to the provisions of this Act as they may deem to be necessary or expedient. Saving. 13. Nothing in this Act shall be deemed to absolve any person from compliance with the provisions and requirements of any other Act for the time being in force in relation to mining or in relation to the export from Antigua and Barbuda of any mineral. SCHEDULE S. 2

1. Any mineral containing uranium or thorium and, in par- ticular and without prejudice to the generality of this paragraph, the substances hereinafter set out in this Schedule. LAWS OF ANTIGUA AND BARBUDA Radio-Active Minerals (CAP. 362 7

2. Minerals of the pitchblende group, including pitchblende, uraninite, ulrichite, broeggerite, cleveite and related mineral species.

3. Secondary uranium minerals including torbernite, autunite, uranite, rutherfordine, uranophane, gummite, thorogum- mite, uranocircite, kasolite, becquerelite, and other silicates, hydrates, carbonates, phosphates or arsenates of uranium.

4. Carnotite, tyuyamunite, and related uranium-bearing vanadate ores.

5. Uranium-bearing niobate-titanate-tantalate ores, including euxenite, polycrase, blomstrandine, priorite, sarnarskite, fergusonite, betafite and related minerals.

6. Monazite, thorite, and thorianite.