Mines and Minerals Act

73. Security for compliance Mines and Mi71erats [CAP. 66:01 3 PART X Withdrawal ef applications, surrendfff and termination ef mineral concessions, etc.

74 — Withdrawal of applications

74. Withdrawal of applications

75 — Surrender of area or part thereof covered by mineral concession

75. Surrender of area or part thereof covered by mineral concession

76 — Minister's power to suspend or cancel a mineral concession

76. Minister's power to suspend or cancel a mineral concession

78 — Delivery of docume}Jts on termination

78. Delivery of docume}Jts on termination

79 — Pending applications

79. Pending applications PART XI Regulations

80 — Regulations

80. Regulations PART XII Penalties and offences

81 — Imposition of penalty on holder of mineral concession

81. Imposition of penalty on holder of mineral concession

84 — Summary imposition of penalties

84. Summary imposition of penalties PART XI I I Records and ieformation

85 — Records to be maintained by Minis.ter

85. Records to be maintained by Minis.ter

86 — Certain records supplied to Minister to be confidential

86. Certain records supplied to Minister to be confidential

87. Saving SCHEDULE An Act to regulate the law relating to Mines and Minerals-; Act 30, 1976, to provide for the granting, renewal and termination of' S.L 175,"1976· mineral concessions; to provide for the payment of royal- ties; and for matters incidental to and connected with the foregoing [Date of Commencement: 1st January, 1977] PART I Preliminary

1 — This Act may be cited as the Mines and Minerals Act. Short title

1. This Act may be cited as the Mines and Minerals Act. Short title

2 — ( l) In this Act, unless the context otherwise requires, Inter•

2. ( l) In this Act, unless the context otherwise requires, Inter• "authorized officer" means a person authorized by the Minister to pretation .exercise the powers· conferred by section 6 ( l) ; "building and industrial minerals" mean barite, basalt, clay, dolomite, feldspar, granite, gravel, gypsum, laterite, limestone, mica, magnesite, marble, phosphate rock, sand, sandstone, slate and talc, when used for agricultural, building, road making or industrial purposes in Botswana, and such otht.r- minerals as the Minister may from time tcr time declare, by notice published in the Gazette, to be building and industrial minerals; "building and industrial minerals permit" means a permit issued under section 52: L.R.O. 111977 4 CAP. 66:01] Mines and Minerals "Chief Government Mining Engineer" means the Chief Govern- Cap. 44:02 ment Mining Engineer appointed under section 3 of the Mines, Quarries, Works and Machinery Act; "diagram" means a document containing geometrical, numerical and verbal representations of a piece of land, which has been signe<l by a land surveyor and which has been approved or certified by the Director of Surveys and Lands or other officer Cap. 33:01 empowered under the Land Survey Act, so to approve or certify a diagram; "holder" means the holder of a mineral concession under this Act; "in default" means in breach of any of the provisions of this Act or of any of the provisions of a mineral concession; "lapse" means the extinguishment of a mineral concession for any reason; "mine", when used as a noun, means any place, excavation or working wherein, whereon or whereby any operation connected with mining is carried on, together with all buildings, premises, erections and appliances belonging or appertaining thereto above and below the ground for the purpose of winning, treating or preparing minerals, obtaining or extracting any mineral or metal by any mode or method or for the purpose of dressing mineral ores; "mine", when used as a verb, means intentionally to win minerals and includes any operations directly or indirectly necessary therefor or incidental thereto, and "mining" shall be construed accordingly; "mineral" means any substance, whether in solid, liquid or gaseous form, occurring naturally in or on the earth, formed by or subject to a geological process, but excluding public and private water when used for a primary, secondary or tertiary use, as Cap. 34:01 defined in the Water Act; "mineral concession" means a reconnaissance permit, a prospecting licence, a mining lease, a restricted prospecting licence, a restricted mining lease, or a building and industrial minerals permit; "mining area" means the land subject to a mmmg lease; "mining lease" means a right to mine required under Part VI; "ore" means a natural aggregate of one or more minerals which may be mined and sold at a profit or from which some part may be profitably extracted; · "private land" means all land and all interests in land other than unalienated land or interests therein; "programme of mining operations" means such a programme approved on the granting or renewal of a mining lease and includes any amendment thereto made in purc;uance of the provisions of this Act; /,.R.O. 1/197? iW.ines and lvfinerals fCAP. 66:01 5 "programme of prospecting operations" means such a programme approved on the granting of a prospecting licence and includes any amendment thereto made in pursuance of the provisions of this Act; "prospect" means intentionally to search for minerals and includes determining their extent and economic value; "prospecting area" means the land subject to a prospecting licence; "prospecting licence" means a right to prospect acquired under Part V; "radioactive mineral" means a mineral which contains by weight at least one-twentieth of one per cent (O.o, per cent) of urfoium or thorium or any combination thereof, including but not limited to the following - (a) monazite sand and other ores containing thorim; (b) carnotite, pitchblende and other ores containing uranium; "reconnaissance" means the search for minerals by geophysical surveys, geochemical surveys and photo-geological surveys or other remote sensing techniques and surface geology in connexion therewith, but does not include drilling, excavation or other sub-surface techniques; "reconnaissance permit" means a right to search for minerals acquired under Part IV; "reconnaissance programme" means such a programme approved on the granti'ng of a reconnaissance permit and includes any amendment thereto made in pursuance of the provisions of this Act; "restricted mining lease" means a right to mine acquired under Part VII; "restricted prospecting licence" means a right to prospect acquired under Part VII; "specially authorized officer" means an authorized officer speciaUy authorized by the Minister to exercise the powers conferred by section 6 (2); "termination" means the lapse of a mineral concession whether by expiry of time, surrender or cancellation, and where ,any surrender or relinquishment is in respect of part only of the area covered by a mineral concession then the mineral conces- sion shall be deemed to have lapsed in respect of that surren- dered or relinquished area; "tribal territory" means - (a) tribal territory as defined in the Tribal Territories Act; Cap. 32:03 (b) the area of the Barolong Farms; "working for profit" means producing a mineral product with the intention of use or sale. (2) (a) Where in this Act provision is made for a matter _to be referred to arbitration, the matter shall be referred to a ~ingle arbitrator appointed by the parties. L.R.0. 1/197) 6 CAP.66:01] Mines and Minerals (b) In the event of the parties being unable to agree on a single arbitrator,each party shall choose an arbitrator, and the arbitrators so chosen shall choose an umpire. (c) Arbitration proceedings shall be conducted in accordance Cap. 06:01 with the Arbitration Act. (3) Where in this Act any application, report or other document is required to be submitted to the Minister, - (a) in the case of a reconnaissance permit, prospecting licence or restricted prospecting licence, such application, report or document shall be submitted through the Director of Geological Survey; and (b) in the case of any other mineral concession and in all other cases, shall be submitted through the Mining Commissioner. PART II Ownership of minerals and acquisition of mineral rights Ownership of 3. Subject to the prov1S1or'ls of the Mineral Rights in Tribal minerals Territories Act, all rights of ownership in minerals are vested in the vested in Republic Republic. Cap. 66:02 Acg uisition 4. (1). Subject to the provisions of this Act, the right to conduct of mineral reconnaissance for, to prospect for and to mine, minerals may be concession acquired and held only under and in accordance with the provisions of this Act, notwithstanding any right of ownership or otherwise which any person may possess in and to the soil on or under which minerals are found or situate. (2) No person may conduct reconnaissance for, prospect for or mine, minerals except as provided in this Act. (3) Nothing in this Act shall prevent a member of any tribe from taking, subject to such conditions and restrictions as may be pres- cribed, minerals from any land from which it has been the custom of members of that tribe to take minerals and to the extent that this is permissible under the customary law of that .tribe. (4) Notwithstanding the provisions of this Act, the Minister may, subject to such conditions as he may determine, authorize any person to undertake investigation into the g-eological resources of Botswana. Restriction 5. No mineral concession shall be granted to or held by - on (a) an individual who - acquisition of mineral (i) is under the age of 21 years; concession (ii) is not a citizen of Botswana or has not been ordinarily resident in Botswana for a period of 4 years or such other period as may be prescribed; (iii) is or becomes an undischarged bankrupt, having been adjudged or otherwise declared bankrupt, whether under the laws of Botswana or elsewhere; or L.R.0. 1/1917 Mines and Minerals [CAP. 66:01 7 (iv) has been convicted, within the previous 10 years, of any offence of which dishonesty is an element, or of any offence under this Act, the Employment Act, or any Cap. 47 :OJ similar written law in force outside Botswana, and has been sentenced to imprisonment without the option pf a fine or to a fine exceeding P300 or the equivalent thereof; {b) a company - (i) which has not established a domicilium citandi et executandi in Botswana; (ii) unless, in the case of a mining lease, such company is incorporated under the Companies Act; or Cap. 42:0l (iii) which is in liquidation except where such liquidation is part of a scheme for the reconstruction or amalgamation of such company. PART III Administration

6 — (I) An authorized officer may, at all reasonable ti mes, enter Power of

6. (I) An authorized officer may, at all reasonable ti mes, enter Power of upon any reconnaissance area, prospecting area or mining area, or certain officers to any premises or workings thereon or thereunder, other than a enter upon dwelling house, for the purposes of - prospecting (a) generally inspecting any such area, premises or workings and areas, etc::. examining reconnaissance, prospecting or mining operations or the treatment of minerals being performed or carried out thereon; (b) ascertaining whether the provisions of this Act are being complied with; (c) ascertaining whether any nuisance exists in such area, such premises or workings; (d) giving directions and taking steps to enforce any provisions of this Act, or to abate or remove any nuisance; {e) taking soil samples or specimens of rocks, ore, concentrates, tailings or minerals situated upon such area, premises or workings for the purpose of examination or assay; (/J examining books, accounts, vouchers, documents or records of any kind; or (g) obtaining such information as he may deem necessary. (2) A specially authorized officer may - (a) enter at all reasonable times upon any land with such persons, animals, vehicles, appliances, instruments and materials as are necessary; (b) break up the surface of such land for the purpose of ascertain- ing the rocks or minerals within or under the same; (c) take and carry away samples and specimens of the soil, rocks or minerals found therein or thereon; l.R,0. I/IY77 8 CAP. 66:01] !'vliws and .!vf innals (d) fix any post, stone, mark or object to be used in the survey of any such land; te) dig up any ground for the purpose of fixing any such post, stone, mark or object; (/) enter into or upon any land through which it may be necessary to pass for the purposes of such survey: Proyided that - (i) it shall not be lawful to fix any post, stone, mark or object within any walled or fenced garden or orchard without the consent of the owner or lawful occupier thereof; (ii) as little damage and inconvenience as possible shall be caused .by the exercise of the powers conferred by this subsection and the owner or lawful occupier thereof shall be entitled to compensation for any damage sustained in the exercise thereof; and (iii) before· abandoning any land all excavations shall be backfilled or otherwise made safe. Power to. 7. The Minister may direct the holder of a mineral concession to require produce for inspection by an authorized officer any books, accounts, production of records "'mchers, documents or records of any kind concerning the mineral concess10n. Indc,mnity of 8. No public officer or other authorized officer shall be liable for officers anything done or omitted to be done honafide in the performance or purported performance of any function vested in or delegated to him by or under this Act. Public 9. (I) No public officer shall, directly or indirectly, acquire any officers right or interest in any mineral concession, and any document or prohibited from transaction purporting to confer any right or interest on any such acq11iring officer shall be null and void. mineral (2) No public officer employed in the Ministry shall acquire or concessions retain any share in a private company carrying on prospecting or mining operations in Rotswana: Provided that the Minister may authorize a departure from the provisions of this subsection where, in his opinion, the operations in Botswana of the company concerned form a negligible part of the total operations of that company. Recovery of 10. Any fees, dues, rents or payments which may become due in fees, etc. respect of any mineral right or under the provisions of this Act shall be a debt due to Government and recoverable in a court of competent jurisdiction. Retention of 11. (I) No core or sample obtained in the course of the exercise cores and of powers conferred by a mineral concession shall be destroyed or samples otherwise disposed of except for the purposes of assay, identification L.E/.0. 1/1977 A-fines and lifi1u:rals (CAP.66:01 9 or analysis without the permission in writing of the Minister, who may grant such permission subject to such conditions as he may deem fit to impose. (2) Where any core or sample is retained for the purpose of complying with subsection (I), there shall be maintained a record in such degree of particularity as the Minister may require sufficient for the identification of the core or sample and the location and geological horizon of its origin. (3) Any person who destroys or disposes of a core or sample in con,travention of subsection (I) or fails to maintain a record as required by subsection (2) shall be guilty of an offence.

12 — ( 1) The holder of every mineral concession shall, in the Preference

12. ( 1) The holder of every mineral concession shall, in the Preference conduct of his operations under such concession, and in the purchase, for Bo1swana construction and installation of facilities, give preference, to the products, maximum extent possible consistent witl-i safety, efficiency and etc. economy, to - (a) materials and products made in Botswana; and (b) service agencies located in Botswana and owned by Botswana citizens or bodies corporate established under the Companies Act. (2) The holder of a mineral concession shall, in all phases of his operations, give preference in employment to citizens of Botswana to the maximum extent possible consistent with safety, efficiency and economy. (3) The holder of a mineral concession shall, in his operations, conduct training programmes in consultation with the Minister for the benefit of employees so that such employees may qualify for advancement. PART IV Reconnaissance permits

13 — (]) A person wishing to conduct reconnaissance in Botswana Right to

13. (]) A person wishing to conduct reconnaissance in Botswana Right to shall first obtain a reconnaissance permit as provided in this Part. conduct reconnais- (2) No reconnaissance permit shall be issued in respect of any sance area over which a prospecting licence or a mining lease is in existence. (3) A reconnaissance permit shall not permit the holder thereof to enter on any land except with the consent of the owner or lawful occupier thereof. (4) A reconnaissance permit shall not give an exclusive right to conduct reconnaissance over the area specified therein. (5) A reconnaissance permit shall not carry any right to obtain a prospecting licence or a mining lease over the area covered thcre~y. (6) A reconnaissance permit shall terminate, in respect of any area,ifthe holder thereof is granted a prospecting licence in respect of the same area. 1..//.0. l/1\177 lO CAP. 66:01) .Mines and i'vfinerafs Application . 14. ( 1) A person wishing to obtain a reconnaissance permit for recon nais- shall make written application to the Minister, giving in his applica" sancc permii 1ion - (a) his full name and nationality, and, in the case of an applica- tion by a partnership or other association of persons, the full names and nationalities of all partners or of all such persons, or, in the case of an application by a corporate body, the registered name of such body; (b) a description of the area for which the application is made, together with a plan thereof to such scale as may be pres- cribed; (c) a proposed reconnaissance programme, with details of the equipment expected to be used in connexion therewith, and the names of the persons to be responsible for the conduct thereof; (d) the period within which the reconnaissance programme is expected to be completed; and (e) such additional information as the Minister may require. (2) A reconnaissance permit may be granted by the Minister, in his discretion, and may be made subject to such conditions as he may determine. Duration of 15. A reconnaissance permit shall be of such duration, noc ex- reconnais· ceeding one year, as the Minister, in his discretion, may determine. sance permit Form and 16. ( 1) A reconnaissance permit shall be in such form as may be content of prescribed and shall indicate - reconnais- sance permit (a) the date of issue and the period for which it is issued; (b) the area covered thereby; (c) the conditions imposed by the Minister, and shall have attached thereto a plan of the reconnaissance area. (2) A reconnaissance permit shall not be transferable. (3) The holder of a reconnaissance permit may at any time relinquish all or any part of the area covered thereby. Obligations 17. (I) The holder of a reconnaissance permit shall, within 3 of holder of months after the expiration thereof, submit a report to the Minister reconnais- sance permit setting forth his evaluation of the mineral prospects in the area subject to the reconnaissance permit; such report shall be accom- panied by the negatives of all aerial photographs taken in the course of the reconnaissance programme, together with - (a) all geological, geochemical and geophysical maps, profiles, diaRrams and charts made by such holder; (b) copies of all tests and analyses made by such holder; (c) copies of all reports made by such holde1, including inter- pretations concerning the mineral prospects in the area covered by such permit; and LR.0. I/J977 Mines and Minerals [CAP. 66:01 II (d) a statement of the direct costs incurred by the holder in the reconnaissance programme. (2) The holder of a reconnaissance permit shall not, without the written permission of the Minister and subject to such conditions as he may determine, remove any mineral from a reconnaissance area except for the purpose of having such mineral analysed, determining its value, or conducting tests thereon. PART V Prospecting licences

18 — Subject to the provisions of Part VII, a person wishing to Application

18. Subject to the provisions of Part VII, a person wishing to Application obtain a prospecting licence shall make written application to the for prospecting Minister, giving in his application - licence (a) his full name and nationality, and, in the case of an applica- tion by a partnership or other association of persons, the full names and nationalities of all partners or of all such persons, or, in the case of an application by a corporate body, the registered name of such body; {b) in the case of a corporate body, the full names and national- ities of the directors and the full name and nationality of any shareholder who is the beneficial owner of more than five per cent of the issued capital; (c) full informa.:ion as to his financial status, technical com- petence and experience; (d) a description of the area over which a prospecting licence is sought, together with a plan thereof to such specification as may be prescribed; (e) the name of the mineral for which he wishes to prospect; (f) the period for which the prospecting licence is required; (g) a proposed programme of prospecting operations and th·e estimated cost thereof; (h) the applicant's proposals with regard to the employment and training of Botswana citizens; (i) numbers ofany prospecting licences held within the preceding 10 years by the applicant or any person controlling, controlled by or under joint or common control with the applicant; and (j) such further information as the Minister may require.

19 — (I) Subject to the provisions of subsection (2), the Minister Consideration

19. (I) Subject to the provisions of subsection (2), the Minister Consideration may, in his discretion, grant a prospecting licence. of application (2) In considering an application for a prospecting licence, the for Minister shall be satisfied that - prospecting (a) the applicant has adequate financial resources, technical licence competence and experience to carry on effective prospecting operations; (b) the proposed programme of prospecting operaLions is adequate; 12 CAP. 66:01] kfines and lvlinerafs (c) the applicant's proposals for the employment and training of Botswana citizens are adequate; (d) the proposed prospecting area is not the same as or does not overlap an existing prospecting area or mining area unless the app!ication is for a different mineral; (e) the applicant is not in default; and (I) the applicant is able and willing to comply with any term or condition applicable to a prospecting licence. (3) The Minister may cause such investig;ations to be made or such negotiations or consultations to be carried on as he may deem necessary to enable him to decide whether or not to grant a pros- pecting licence. Prospecting 20. Subject to the prov1s10ns of this Act, a prospecting licence Iicences to be may be issued subject to such terms and conditions as the Minister subject to terms and may in each case determine. condirinns Notification 21. ( l) The Minister shall cause the applicant to be notified in,. of grant or writing of his decision on the application and, if the grant of a rejection prospecting licence is approved, such notification shall include the terms and conditions on which it is granted. (2) If the applicant - (a) notifies the Minister, in writing, within 60 days of the date of notification or within such further period as the Minister may allow, that he accepts the terms and conditions to be attached to the prospecting licence, the Minister shall cause the prospecting licence to be issued; (b) fails to notify the Minister in accordance with the provisions of paragraph (a), the application shall lapse. Form and 22. ( l) A prospecting licence shall be in such form as the Minister content of may determine and shall - prdpecting licence (q) include the terms and conditions on which it is granted; (b) include a description and plan of the prospecting area and specify the mineral to which it relates; and (c) state the period for which it is granted. (2) There shall be appended to a prospecting licence the pro- gram me of prospecting operations. Duration and 23. (I) Subject to the provisions of this Act, a prospecting Licence renewal of shall be valid for such period, not exceeding 3 years, as may be prospecting licence 1,pecified therein (2) The holder of a prospecting licence may, at any time not later than 3 months before the expiry of such licence, apply to the Minister for renewal thereof; subject to the provisions of this Act, a renewal may be granted for a period not exceeding 2 years and for a further period not exceeding 2 years thereafter. Minl!s and Minaals [CAP. 66:01 13 (3) An application for renewal of a prospecting licence shall state the period for which renewal is sought and shall be accom- panied by- (a) a report on prospecting operations so far carried out and the direct costs incurred thereby; (b) a proposed programme of prospecting operations to be carried out during the period of renewal and the estimated cost thereof; and (c) such other information as the Minister may require. (4) Notwithstanding the provisions of subsection (2), the Minister may renew a prospecting licence for a period or periods in excess of the periods specified in that subsection where, in his opinion, special circumstances exist justifying such further period or periods. (5) The Minister shall not renew a prospecting licence if - (a) the applicant is in default; or (b) he considers that the proposed programme of prospecting operations is inadequate: Provided that - (i) before rejecting an application for renewal under paragraph (a), the Minister shall give notice of the default to the applicant and shall call upon the applicant to remedy such default within such time as he may allow; and (ii) before rejecting an application for renewal under paragraph (b), he shall give the applicant opportunity to make satisfactory amendments to the proposed programme of prospecting operations upon such terms as the Minister may determine. (6) On the renewal of a prospecting licence the Minister shall cause such licence to be amended accordingly and there shall be appended thereto the programme of prospecting operations. 24. t I) If, . in the course of exercising his rights under a pros- Discovery of pecting licente, the holder thereof discovers any mineral not minerals no l included in included therein, he may apply to the Minister for an amendment pros pee ting of his prospecting licence to include such mineral. licence (2) An application for amendment to a prospecting licence under subsection ( l) shall specify the mineral discovered, shall give particulars of the situation and circumstances of the discovery and shall have appended thereto a proposed programme of prospecting operations in connexion therewith. (3) Subject to the provisions of subsection (4), the Minister may, in his discretion, permit the amendment of a prospecting licence to include the mineral concerned. (4) An amendment of a prospecting licence shall not be per- mitted if any person other than the applicant is the holder of a prospecting licence or a mining lease in respect of the mineral concerned over the area in which it was discovered. 14 CAP. 66:01] Nfines and Mimrals Size or 25. (1) Subject to the provisions of this Act, a prospecting licence prospecting shall cover such area, not exceeding l 000 km 2, as may be specified area ther.ein. (2) Subject to the provisions of subsection (4), the prospecting area shall be reduced in size to eliminate therefrom - (a) at the end of the initial term of the prospecting licence, not less than half of the initial area; and (b) at the end of any period of renewal, half of the remaining area, or such lower proportion as the Minister may in any case agree. (3) The holder of a prospecting licence shall designate, prior to the end of each of the periods referred to in subsection (2), the area or areas to be eliminated from the prospecting area and, in default thereof, the designation shall be made by the Minister. (4) Where a person holds 2 or more prospecting licences for the same mineral or minerals the Minister may, for' the purposes of the elimination, under subsection (2), of part of the areas thereof, permit the areas covered thereby to be deemed to be one area; the subject of one such prospecting licence. Rights of 26. Subject to the provisions of Part VIII, the holder of a pros- holder of pecting licence may, in the exercise of his rights thereunder, enter prospecting licence upon any land to which his prospecting licence relates together with his servants and agents and may - (a) prospect thereon for the mineral to which his prospecting licence relates; (b) make boreholes and such excavations as may be necessary; and (c) erect camps and put up temporary buildings for machinery necessary for prospecting pUFposes. Obligations 27. ( 1) The holder of a prospecting licence shall - of holder of (a) commence prospecting operations within 3 months, or such prospecting licence further period as the Minister may allow, of the date of issue of his licence ; (b) demarcate and keep demarcated the prospecting area in the prescribed manner; (c) carry on prospecting operations in accordance with the programme of prospecting operations; (d) notify the Minister of the discovery of the mineral to which his prospecting licence relates within a period of 30 days of such discovery; (e) notify the Minister of the discovery of any mineral deposit of possible economic value within a period of 30 days of such discovery; (J) backfill or_ otherwise make safe any borehole or excavation made during the course of his prospecting operations, to the satisfaction of the Chief Government Mining Engineer; L.R.O. l/1977 Mines and Minerals [CAP. 66:01 15 (g) unless the Chief Government Mining Engineer otherwise stipulates, remove, within 60 days of the expiry of his pros- pecting licence, any camp, temporary buildings or machinery erected or installed by him, and repair or otherwise make good any damage to the surface of the ground occasioned by such removal, to the satisfaction of the Chief Government Mining Engineer; (h) subject to the conditions of his prospecting licence and to the provisions of section 28, expend on prospecting, in direct expenditure, not less than such amount as may be specified in his prospecting licence; and {i) submit to such persons at such intervals such reports and such affidavits containing such information and supported in such manner as may be prescribed. (2) Any moneys required to be spent under the provisions of subsection (1) (h) and which are not so spent shall be a debt due to Government recoverable in a court of competent jurisdiction. (3) The holder of a prospecting licence shall keep, to the satis- faction of the Minister, full and accurate records of his prospecting· operations which shall show - (a) boreholes drilled ; (b) strata penetrated, with detailed logs of such strata; (.c) minerals discovered; Cd') the results of any geochemical or geophysical analysis; (e) the results of any analysis or identification of minerals removed under section 30; (fJ the geological interpretation of the records maintained under paragraphs (a) to (e) inclusive; (g) the number of persons employed; (h) other work done in connexion with the prospecting licence; and (i) such other matters as may be prescribed, and shall supply, at least once in every 3 months, copies of such records to the Minister, together with any reports prepared as a result of such records: Provided that the Minister may, in his discretion apd on application being made to him in that behalf, dispense with or modify any or all of the requirements of this subsection. {4) Any person who fails td keep any record required to be kept undeHubsection (3) or who fails to supply any record to the Minister or who supplies any false or misleading record .shall be guilty of an offence.

28 — (I) The holder of a prospecting licence may, from time to Amendment

28. (I) The holder of a prospecting licence may, from time to Amendment time, notify the Minister of amendments he wishes to make to his of programme of programme of prospecting operations and such amendments shall, prospecting unless the Minister rejects the same within 2 months after being so operations notified, have effect after such period. L.IlO. IJJY-7i 16 CAP. 66:01] .lvfinr.1· and /vlinerals (2) The Minister may, on application being made to him by the holder of a prospecting licence, limit or suspend the obligation to carry on prospecting as required by section 27 (1) (c), or to expend moneys as required by section 27 (l) (h), for such period and on such terms as he may specify. Transfer of 29. ( l) No prospecting licence shall be transferred without the prospecting approval of the Minister and any purported transfer without such licence approval shall be void and of no effect. (2) In any application for the approval ofa transfer, the applicant shall give to the Minister such details of the transferee as would be required in the case of an application for a prospecting licence, together with such other information as the Minister may require. (3) Subject to the provisions of subsection (4), the Minister may, in his discr-etion, refuse to give approval to the transfer of a prospect- ing licence. (4) The Minister shall give his approval where the proposed transferee of a prospecting licence is a person controlling, controlled by, or under joint or common control with, the holder of the pros- pecting licence, provided that such transferee is not disqualified under any provision of this Act from holding a prospecting licence and the Minister is satisfied in accordance with the provisions of section 19 (2). (5) Where the Minister has given his approval to the transfer of a prospecting licence, the transferee shall assume and be responsible for all rights, liabilities and duties incurred by the transferor under the prospecting licence prior to the transfer. Removal and 30. The holder of a prospecting licence shall not, without the disposal of written permission of the Minister and subject to such conditions as minerals he may determine, remove any mineral from a prospecting area except for the purpose of having such mineral analysed, determining its value or to conduct tests thereon. PART VI \,fining leases Who may 31. ( 1) Subject to the provisions of this Part, only the holder of apply for a prospecting licence may apply for a mining lease and only for an a mining lease area within his prospecting area and only in respect of the mineral covered by such prospecting licence. (2) An application made under subsection (I) shall be made not less than 3 months prior to the expiry of the prospecting licence. (3) Notwithstanding the provisions of subsection (2), the Minister may grant permission to an applicant for a mining lease to mine in the mining area for such period and subject to such conditions as he may determine. Application 32. Subject to the provisions of Part VII, a person wishing to for mining obtain a mining lease shall make written application to the Minister, lease giving in his application ~ l.R.O. 1/1977 Mines and Minerals [CAP. 66:01 17 (a) his full name and nationality, or, in the case of an application by a partnership or other association of persons, the full names and nationalities of all partners or of all such persons, or, in the case of ~n application by a corporate body, the registered name ofsueh body; (~ in the case of a. corporate body, the full names and national- ities of the directors and the full name and nationality of any shareholder who is the beneficial owner of 5% or more of the issued capital ; (c) full information as to his financial status, technical com- petence and experience; (d) the number of his prospecting licence; (e) the name of the mineral which it is intended to mine; (f) details of the mineral deposit and a comprehensive report thereon which 9hall include details of all known minerals, proved, estimated ·and inferred ore reserves and mining conditions; (g) details, illustrated by an approved plan, of the area in respect of which the application is made; (h) the period for which the lease is sought; (i) a technological report on mining and treatment possibilities and the intention of the applicant in relation thereto; U) a proposed programme of mining operations which shall include - (i) the date by which the applicant intends to work for profit; (ii) the capacity of production and scale of operations; (iii) the estimated overall recovery of ore and mineral products; (iv) the nature of the product; (v) the marketing arrangements made for the sale of the mineral product; and (vi) a detailed programme for the progressive reclamation- and rehabilitation of lands disturbed by mining and for · the minimization of the effects of such mining on : adjoining land and water areas; _, (k) a detailed forecast ot capital investment, operating costs and sales revenues and the anticipated type and source of financing; (/) a programme for the employment and training of Botswana citizens; (m) a report of the goods and services required for the mining operations which can be obtained within Botswana and the applicant's intention in relation thereto; (n) details of expected infrastructure requirements; and (o) such further information as the Minister may require or as may be prescribed. l.RJJ. 1/1977 18 CAP. 66:01] .\1inrs and .lfi111,rnis Consideration 33. The ~inister shall consider every application for a mmrng of lease and shall, subject to sections 34 and 35, cause a mining lease application for mining to be issued. lease Grounds to 34. ( 1) In considering an application for a mmmg- lease the be considered Minister shall be satisfied that - in application (a) the proposed programme of mining operations will ensure for mining the most efficient and beneficial use of the mineral resources lease in the proposed mining area; {b) the proposed mining area is not the same as or does not over- lap an existing prospecting area or mining area, unless the Minister is satisfied that the rights of the holder of any existing mineral right in respect of such area will not be prejudiced thereby; (c) the applicant has adequate financial resources, technical competence and experience to carry on effective mining operations ; . (d) the applicant is able and willing to comply with any term or condition applicable to a mining lease; and (e) the applicant is r.i.ot in default. (2) The Minister shall not reject an application on any of the grounds referred to in - (a) subsection (1) (a), unless the applicant has been so notified and has failed to propose amendments satisfactory to the Minister to his proposed programme of mining operations within such reasonable time as the Minister may allow; and (b) subsection (1) (e), unless the applicant has been given details of the default and has failed to remedy the same within such_. reasonable time as the Minister may allow. (3) The Minister may cause such investigations to be made or such negotiations or consultations to be carried on as he may deem necessary to enable him to decide whether or not to grant a mining lease. Mining lease 35. Subject to the provisions of this Act, a mining lease shaU be subject to issued subject to such terms and conditions as the Minister may in terms and conditions each case determine, including in particular - (a) a condition requiring the applicant to agree to the Govern- ment or a person nominated on behalf of the Government acquiring or having an option to acquire an interest in the mining operations to be carried out in the proposed mining area; and {b) conditions concerning the processing, disposal or sale of the mineral. Notification 36. ( l) The Minister shaJI cause the applicant to be notified of of approval, his decision on such application and, if the grant of a mining lease is etc. of application approved, the notification shall include the terms and conditions upon which the mining lease will be issued. I, I(_{) li 1977 Mines and Minerals [CAP. 66:0l 19 (2) If the applicant - (a) notifies the Minister in -Y.fiting within 60 days of the date of the notification referred to in subsection {I) that he accepts the terms and conditions upon which the application is approved, the Minister shall issue a mining lease containing suah terms and conditions; (h) fails to notify the Minister in accordance with paragraph (a), his application shall lapse.

37 — (I) A mining lease shall be in such form as the Minister may Form and

37. (I) A mining lease shall be in such form as the Minister may Form and determine and shall - content of mining lease (a) include a description and plan of the area and the name of the mineral to which it relates; (b) state the period for which it is granted; and (c) include the terms and conditions upon which it is granted. {2) There shall be appended to a mining lease the prognmme of mining operations.

38 — ( 1) Subject to the provisions of this Act, a mining lease shall Duration and

38. ( 1) Subject to the provisions of this Act, a mining lease shall Duration and be valid for such period, not exceeding 25 years, as may be specified renewal of mining lease therein. (2) The holder of a mining lease may apply to the Minister for the renewal of his lease at any time not later than one year before the expiry of such lease and, subject to the provisions of subsections (4) and (7), the Minister may, in his discretion, grant a renewal of such lease. (3) An application for renewal of a mining lease shall state the period for which renewal is sought and shall be accompanied by - (a) a proposed programme of mining operations to be carried on in the period of renewal; and (h) detailsof- (i) the latest proved, estimated and inferred ore reserves; (ii} the capital investment to be made in, and production costs and revenue forecasts in respect of, the penod of renewal; (iii) any expected changes in methods of mining and treat- ment; and (iv) such further information as the Minister may require, and shall be presented in such a way as to give a clear in- dication of any expected increase or reduction in mining activitie~ and the estimated life of the mine. ( 4) The Minister shall reject an application for renewal if - (a) the applicant is in default: (h) the Minister is not satisfied that - (i) development of the mining area has proceeded with reasonable diligence; (ii) minerals in workable quantities remain to be produced: or l.R.O. 1/1977 20 CAP. 66:01] .l /iw I and M inera!s (iii) the proposed programme of mmmg operations will ensure the most efficient and beneficial use of the ml:neral resources in the mining area. (5) The Minister shall not reject an application on the ground referred to in ~ (a) subsection (4) (a), unless the applicant has been given details of the default and has failed to remedy the same within such reasonable time as the Minister may allow; (b) subsection (4) (b) (i) or (ii), unless the applicant has been giben reasonable opportunity to make written representations thereon to the Minister; or (c) subsection (4) (b) (iii), unless the applicant has been so notified arid has failed to propose amendments to his pro- posed programme of mining operations satisfactory to the Minister within such time as the Minister may allow. (6) The period of renewal of a mining lease shall be for such period, not exceeding 25 years, as the Minister may determine. (7) The renewal of a mining lease shall' be subject to such terms and conditions as the Minister may determine. (8) On the renewal of a mining lease, the Minister shall amend the lease accordingly and append thereto the programme of mining operations to be carried out in the period of renewal. Amendment 39. The holder of a mining lease may, from time to time, notify of the Minister of amendments he wishes to make to his programme of programme of mining mining operations and such amendments shall, unless the Minister operat,uns rejer.ts them within 2 months after being so notified, have effect after such period. Rights 40. (I) Subject to the provisions of this Act, any other written conferred by law and any condition in his mining lease, the holder of a mining mining lease lease may, in the exercise of his rights thereunder, enter upon any land to which his mining lease relates with his servants and agents and may- (a) take all reasonable measures on or under the surface to mine the mineral to which his mining lease relates; (b) erect the necessary equipment, plant and buildings for the purposes of mining, transporting, dressing, treating, smelting or refining the mineral recovered by him during mining operations; (c) dispose of any mineral product recovered; (d) prospect within his mining area for the mineral for which he holds a mining lease and for any other mineral except one for which a prospecting licence is held over the same area by another person; and (e) stack or dump any mineral or waste product in a manner approved by the Chief Government Mining Engineer. (2) If, in the course of exercising his rights thereunder, the holder of a mining lease discovers any further deposits of the mineral for l.11.0. l/!917 Mines and Minerals [CAP. 66:01 21 which he holds a mining lease or any mineral not included in such lease, he shall, within 30 days after such discovery, notify the Minister thereof, giving particulars of the mineral discovered and the site and circumstances of the discovery, and may apply to the Minister to have the mining of such deposit or such mineral included in his mining lease, giving in his application a proposed programme of mining operations in respect of that mineral. {3) If the Minister is satisfied with a proposed programme of mining operations submitted under subsection (2), he may approve such application on such terms and conditions as he thinks fit and shall amend the mining lease accordingly. (4) The holder of a mining lease may apply to the Minister to have his mining area enlarged and the Minister may, subject to the provisions of subsection {5), approve of such application if he is satisfied that such approval will ensure the most efficient and bene- ficial use of the mineral resources of Botswana. (5) A mining area shall not be enlarged so as to include any area over which a person other than the applicant is the holder of a prospecting licence or a mining lease in respect of the same mineral.

41 — ( l) Subject to the provisions of this Act, the holder ofa mining Obligations

41. ( l) Subject to the provisions of this Act, the holder ofa mining Obligations lease shall - of holder of mining lease (a) commence production on or before the date referred to in the programme of mining operations as the date by which he intends to work for profit; (b) develop and mine the mineral covered by his lease in accord- ance with the programme of mining operations: Provided that the Minister may, on application being made to him by the holder of a mining lease, limit or suspend such programme for such period and on such terms as he may specify if he is satisfied that, in the circumstances, it is fair and reasonable so to do; (c) demarcate and keep demarcated the mining area in such manner as may be prescribed and, within 3 months of the date referred to in paragraph (a), submit to the Minister a diagram of the mining area; (d) keep and maintain an address in Botswana, full particulars of which shall be registered with the Minister, to which ;i.ll communications and notices may be addressed; and (r) notify the Minister as soon as he begins to work his mining area for profit. (2) The holder of a mining lease shall -• (a,\ maintain at the address kept in accordance with subsection (l)(d}- (i) complete and accurate technical records of his operatious in the mining area in such form as the Minister may approve; l.11.0. 1/J~;- 22 CAP. 66:01] Mines and Minerals (ii) copies of all maps, geological reports, including inter- pretations, mineral analyses, aerial photographs, core logs, analyses and tests and all other data obtained and compiled by the holder in respect of the mining. area: (iii) accurate and systematic financial records of his oper- ations in the mining area and such other books of accounts and financial records as the Minister may require; if such holder is engaged in any other activity not connected with his operations under the mining lease, he shall maintain separate, books of accounts of his operations under such lease; (b) permit an authorized officer at any time to inspect the books and records maintained in pursuance of paragraph (a) and shall deliver to the Minister, without charge, copies of any part- of such books and records as the Min-ister may from time to time require; (c) submit to the Minister such reports, records and other infor- mation as he may from time to time require concerning the conduct of his dperations in the mining area; and (d) furnish the Minister with a copy of every annual financial report showing the profit or loss for such year and the state of financial affairs of the holder at the end of each year. Wasteful 42. ( l) If the Minister considers that the holder of a mining mining and lease is using wasteful mining or treatment practices he may notify treatment practices such holder accordingly and require him to show cause, within such time as the Minister shall specify, why he should not cease to use such practices. ,(2) If, within the time specified in any notice issued under subsection (I), the holder ofa mining lease fails to satisfy the Minister that he is not using wasteful mining or treatment practices, or that the use of such practices is justified, the Minister may order the holder to cease using· such practices within such time as he may specify. ( 3) If the holder of a mining lease fails, after being ordered so to do, to cease using wasteful mining or treatment practices, the Minister may .cancel the mining lease or may suspend such mining lease for such period as he deems fit. Merger or 43. ( 1) If the Minister considers that the public interest or the co•ordination interests of the holders of mining leases covering neighbouring or of mining leases contiguous mining areas would best be served with regard to the efficient and economic exploitation of minerals by the merger or co-ordination of all or part of the mining operations of such holders, he may direct such holders to effect such merger or co-ordination within such time and on such terms as he may specify. (2) Before giving any directions under subsection ( l ), the Minister shall afford the holders of the mining leases concerned reasonable opportunity to make representations to him in writing. L..R.O. I/ 1917 Mint's and /vlinerals [CAP.66:01

44 — ( 1) The holder of a mining lease shall notify the Minister -- Suspension

44. ( 1) The holder of a mining lease shall notify the Minister -- Suspension (a) one year in advance, if he proposes to cease production from of production his mine; (b) 6 months in advance, if he proposes to suspend production from his mine: (c) 3 months in advance, ifhe proposes to curtail_ such production, and shall, in all cases, give reasons for such cessation, suspension or curtailment. (2) If, for reasons beyond his control, the holder of a mining lease terminates, suspends or curtails production from his mine, he shall, within 14 days of such termination, suspension or curtailment, notify the Minister thereof. (3) On receiving notification under subsection (I) or (2), or if he otherwise becomes aware of any cessation, suspension or curtail- ment of production, the Minister shall cause the matter to be investigated and shall either -- (a) give his approval to suc_!i cessation, suspension or curtailment: or (b) direct the holder of the mining lease to resume full production at the mine by such elate as he may specify. (4) Approval of cessation, suspension or curtailment may 'be gwen subject to such conditions as the Minister may impose.

45 — ( 1) No person shall export any radioactive mineral except Export or

45. ( 1) No person shall export any radioactive mineral except Export or under and in accordance with the terms and conditions of a permit radioactive minerals granted by the Minister. (2) The grant of a permit under subsection (I) shall be in the discretion of the Minister. (3) A permit issued under subsection (I) shall be in such form and shall be subject to the payment of such fee and such terms and conditions as the Minister may determine.

46 — ( 1) No person shall, in any mining area, carry on any business Trading in

46. ( 1) No person shall, in any mining area, carry on any business Trading in for which a licence is required under the Trading Act without the mmmg areas Cap. 43:02 consent of the Minister: Provided that such consent shall not entitle any person to cany on any such busines.~ except under and in accordance with the provisions of the Trading Act. (2) No person shall, in any mining: area, erect any building- or other structure for the purpose of carrying on any such businC'ss without the consent of the holrlrr of' thr mining lrai,c.

47 — (I) No mining lease or any interest therein shall be transfer- Trapsfer or

47. (I) No mining lease or any interest therein shall be transfer- Trapsfer or red, assigned, mortgaged or dealt with in any other way without assignn1ent of mining lease the approval of the Minister, and any purported transfer, assign- ment, mortgage or dealing without such approval shall be void and of no effect. (~) In any application to the .\1inister for his approval under subsection (I}, the applicant shall give such particulars C011l'erning L. R. 0. I /l 977 24 CAP. 66:01] Mines and Minerals the proposed transferee, assignee, mortgagee or other party con- cerned as the Minister may require. (3) The Minister may, in his discretion, grant or refuse his approval to any transfer, assignment or mortgage or other dealing with any mining lease or interest therein, and may impose such conditions as he may deem fit. Restriction 48. Without the prior written approval of the Minister, no on transfer person shall dispose of and no person shall acquire, directly or of shares indirectly, any interest in the holder of a mining lease which would confer a voting right or other financial interest exceeding 20% of the total or any right to appoint directors, and, in considering any application for such approval, the Minister may call for such infor- mation as he considers necessary. PART VII Buildittg and industrial minerals A. Restricted Pro.1pecting Licences Restricted 49. (I) A person wishing to prospect for building or industrial prospecting minerals may, subject to the provisions of this Part, apply for a licence in respect of restricted prospecting licence: building or (2) The provisions of Part V shall apply mutatir mutandis to a industrial restricted prospecting licence, subject to the following variations minerals and exceptions - (a) the prospecting area shall not be more than lO km~: (b) the provisions of section 24 shall not apply; and (c) the obligations of section 27 shall apply subject to such variations and exceptions as the Minister may make in any particular case. B. Restricted Mining Leases Right to 50. ( 1) A person wishing to mine building or industrial minerals mine may, subject to the provisions of this Part, apply for a restricted burltling or industrial mining lease. minerals (2) No person shall make application for a restricted mining lease unless he is the holder of a restricted prospecting licence or a prospecting licence in respect of the same area and the same mineral: Provided that where the Minister is satisfied that the area over which such a lease is required has been sufficiently prospected, he may waive the requirements of this subsection. Application 51. The provisions of Part VI shall apply mutatis mutandis to a for restricted mining lease subject to the following variations and restricted mining lease exceptions - (a) the Minister shall not grant a restricted mining lease unless he is satisfied that the intended capital expenditure on plant, equipment and industrial buildings will be not less than P50 000 or such other sum a.s the Minister may, in any particular case, determine; l.R.O. 1/1971 Mines and Minerals [CAP. 66:01 25 (b) the period, not exceeding 15 years, for which a restricted mining lease may be granted or renewed shall be in the discretion of the Minister; and (c) the obligations under section 44 relating to the cessation, suspension or curtailment of production shall apply subject to such variations or exceptions as the Minister may make in any particular case. C. Building and Industrial Minerals Permits

52 — ( l) Subject to the provisions of this Part, a person may apply Applicatio11

52. ( l) Subject to the provisions of this Part, a person may apply Applicatio11 for a building and industrial minerals permit to mine building or for building and industrial minerals. industrial (2) A person wishing to obtain a build.ing and industnai minerals minerals permit shall apply to the Minister, giving in his application - permit (a) his full name and nationality, or, in the case of an application by a partnership or association of persons, the full names and nationalities of all partners or of such persons, or, in the case of an application by a corporate body, the registered name of such body; (b) in the case of a corporate body, the full names and national- ities of the directors and shareholders; (c) details, illustrated by a sketch plan, of the area, not exceeding 0,5 km'\ for which the permit is sought; (d) particulars of the building or industrial minerals for which the permit is sought; (e) the proposed programme of working, with details of the employees to be employed; and (f) such other information as the Minister may require. (3) An application for a building and industrial minerals permit relating to - (a) any area in respect of which consent is required under any written law shall be accompanied by evidence that such consent has been obtained: (b) land of which the applicant is not the owner shall be accom- panied by evidence that the consent of the owner, or, in the case of tribal territory, the consent of the appropriate land board, has been obtained; or (c) a prospecting area or mining area or part thereof shall be accompanied by evidence that the consent of the holder ofi:he prospecting licence or mining lease has been given, unl.:ss the Minister is satisfied that such holder will not be prejudiced by the issue of a building and industrial minerals permit. (4) Subject to the provisions of section 53, the Minister may, in his discretion, grant or refuse to grant a building and industrial minerals permit. (5) Subject to the provisions of this Part, a building and industrial minerals permit shall be in such form and shall contain such terms and conditions as the Minister may determine. l.R.O. 1/1977 26 CAP. 66:01) :Wines and Minerals Who may 53. (I) Subject to the provisions of subsection (2), a building and hold industrial minerals permit shall not be granted to a person who is building and industrial not a citizen of Botswana. minerals (2) The Minister may exempt any person from the provisions of permit subsection ( l) if he is satisfied that -- (a) it is in the public interest that a building and industrial minerals permit should be granted to such person; or (b) (i) the permit applied for is in respect of building or industrial minerals required for specific works; and (ii) the applicant has given an undertaking that the minerals concerned will not be sold or otherwise disposed of for profit. (3) In this section "citizen of Botswana" means -- (a) in relation to an individual, an individual who is a citizen of Botswana; (b) in relation to a partnership or association of individuals, a partnership or association which is composed exclusively of individuals who are citizens of Botswana; and (c-) in relation to a corporate body, a corporate body which is incorporated under the Companies Act-· (i) which is certified by the Minister to be controlled by the Government; or (ii) (aa) whose membership is composed exclusively of persons who are citizens of Botswana; (bb) whose directors are exclusively citizens ofBotswana; or (cc) which is controlled by individuals who are citizens of Botswana. Fees for 54. There shall be payable in respect of a building and industrial building and minerals permit such fee as may be prescribed. industrial minerals oermit Demarcation 55. The holder of a building and industrial minerals permit of area shall, within 3 months of the issue thereof, demarcate the area covered by building and covered by such permit in such manner as may be prescribed. industrial minerals permit Duration, 56. (!) Subject to the provisions ofsubsection (3), a building and renewal and industrial minerals permit shall be valid for such period, not ex• termination of building ceeding 5 years, as the Minister may determine and may, on applica- and tion made to the Minister, be renewed for further periods not industrial exceeding 5 years at a time. minerals permit (2) A building and industrial minerals permit shall not be transferable. l.R.O, l/197i Mines and Mineral:r (CAP. 66:01 27 (3) The Minister may terminate a building and industrial minerals permit if he is satisfied that the holder thereof has entered into an arrangement with a person who is not a citizen of Botswana, as defined in section 52 (3), which arrangement has the effect of transferring to that person the benefit of such permi l.

57 — The holder ofa building and industrial minerals permit may0 Rights under

57. The holder ofa building and industrial minerals permit may0 Rights under subject to the provisions of this Act and to any other written law, a building and enter upon the area covered by such permit with his servants and industr.ial agents and ~· · minerals (a) mine the minerals to which his permit relates: permit (b) dispose of the minerals to which his permit relates; and (c) erect such temporary structures, other than residential buildings, as may be necessary for the purposes of mining.

58 — The holder of a building and ind us trial minerals permit shall Duties of

58. The holder of a building and ind us trial minerals permit shall Duties of (a) notify the Minister of any change in his address; holder of building and (b) mine the mineral to which his permit relates within the area industrial covered by his permit in conformity with good mining minerals practice; permit (c) submit a report to the Minister each year during the currency of his _permit and any renewal thereof g:iving - (i) the mineral production from the area covered by his permit in the preceding year and the value of such production; (ii) the average number of employees during the preceding year; and (iii) a brief description of his plant, vehicles and equipment: and (d} at the termination of his permit, clear and make safe the area covered by his permit, to the satisfaction of the Chief Govern- ment Mining Engineer. D. Spaial Rights

59 — (I) Nothing in this Act shall prevent - Special

59. (I) Nothing in this Act shall prevent - Special (a} a local authority on land owned by it: rights with regard to (b} the owner or lawful occupier of any land owned or occupied building and byhim;or industrial (c) the holder of a mineral concession on land the subject or minerals such concession, prospecting for and mining building and industrial minerals to be used solely for building, roadmaking or agricul'tural purposes on such land, so long as the exercise of such powers is not inconsistent with or detrimental to the rights of any other mineral concession holder. (2) For the purposes of subsection (I), a land board established under the Tribal Land Act shall Be deemed to be a ioca1 authonty. Cap. 32:02 l.R.O. 1/1977 28 CAP. 66:01] Mines and Minerals PART VIII ifineral concessions and surface rights Restriction 60. ( 1) No holder of a mineral concession shall exercist any right on exercise thei'eunder -- of rights under a (a) without the written consent of the President, upon mineral (i) any land dedicated as a place of burial: concession (ii) any land containing any ancient monument or national Car- 59:03 menument, as defined in the MOtlum-ettts and Reb·s Act; or (iii) any land set aside or used for the purposes of Govern- ment; (b) without the written consent of the owner or lawful occupier thereof, - (i) upon any land which is the site of or 'Which is within 200 metres of any inhabited, occupied or temporarily unoccupied house or building; (ii) within 50 metres of any land which has been cleared or ploughed or otherwise bona.fide prepared for the growing of agricultural crops or upon which agricultural crops are growing; (iii) upon any land from·which, during the year imrne<liately preceding, agricultural crops have been reapc:;d; or (iv) upon any land which is the site ofor is within lO0 metres o(any cattle dip, tank, dam or private water, as defined in the Water Act, I 967: Provided that where consent is unreasonably withheld the Minister may authorize the holder of a mineral right L0 exercise all or any of his rights thr.reunder on such land, subject to such conditions as he may deem fit; (c) in a national park, without permission obtained under section Cap. :-18:0::I. 16 of the National Parks Ace; (d_1 upon any land reserved for the purposes of a railway track or within 50 metres of any railway track, without the written consent of the railway administration concerned; (e) upon any land within, or within 200 metres of, the boundaries of any township, without the consent of the loqi authority c:oncerned; (j) upon any street, road, highway, public place or aerodrome, without the consent of the Minister or other authority having control thereof; (g; upon any land on which building and industrial minerals are being mined on behalfofGovernment or a local authority, or by any persoq holding a permit under Part VII, without the consent of the Minister, such local authority or the holder of such permit, as the case may be; or (h) upon land specified by the Minister, by notice published in the Gazette, to be land upon which reconnaissance, prospect- ing or mining is prohibited or restricted. L.II.O. 1/1977 Mines and Minerals [CAP. 66:01 29 (2) A person exercising any right under a mineral concession shall produce evidence of the possession or such concession to the owner or lawful occupier of any land upon which such right is to be exercised upon demand being made to him in that behalf, and, in defauh of such production, such person may be treated as a tres- passer. (3) No person shall exercise any righl under a mineral concession upon any land other than unaliena(ed State !and unless he has given at least 14 days' notice of his intention so to do in such manner as the Minister may approve, giving in such notice details of the area in which the right is to be exercised and the dates of expiry of his permit or licence. (4) A notice given under subsection (3) shall be valid only for the period of validity of the mineral concession and the person giving such notice shall not exercise any right under such permit or licence in respect of the Janel to which the notice relates after the expiry thereof and, in the event of a renewal of such concession, he shall give fresh notice unrler subsection (3).

61 — ( l) The owner or lawful occupier of any land within the Right to

61. ( l) The owner or lawful occupier of any land within the Right to area of a mineral concession shall retain the right to gra?,e stock upon graze stock, etc. or to cultivate the surface of such land insofar as such grazing or cultivation cfoes not interfere with the proper working in such area for reconnaissance, prospecting or mining purposes. (2) In the case of a mining area, the owner or lawful occupier of any land within such area shall not erect any building or structure thereon without the consent of the holder of the mining lease, or, 11' such consent is unreasonably withheld, the consent of the Minister. (3) The rights conferred by a mineral concession shall be exer- cised reasonably and so as to affen as little as possible the interests of any owner or lawful occupier of the land to which such rights are exercised consistent with· the reasonable and proper conduct of the operations concerneci.

62 — (1) The holder of a mmrng lease may, if he requires the Acquisition

62. (1) The holder of a mmrng lease may, if he requires the Acquisition exclusive use of the whole or any part of the mining area, and shall of exclusive rights.by if so requested by the owner or [awful occupier of any part of such holder of area, obtain a lease thereof or other rights to use the same upon such mining lease terms as to the rents to be paid therefor, the duration thereof or the exlent or area of the land to which such lease shall relate as may be agreed between such holder and such owner or lawful occupier, or, failing such agreement, as may be determined by arbitration: Providecl that~- (i 1 the holder of a mining lease shall not obtain a lease of 01 other rights over any land specified in paragraphs (a) and (c) to (g) inclusive of section li'l ( I) except with Lhe consents of the µersons specified in such paragraphs: L.R.O. 1/1971 · 30 CAP. 66:01] Mines and Minerals (ii) in the case of tribal land, any rents payable under this sub- section shall be payable to the land board within the area in which the land is si tuatc; and (iii) an arbitrator appointed in pursuance of this subsection may, on application by any interested party, apportion any rent payable under this subsection between the owner and any lawful occupier. (2) In assessing any rent payable under the provisions of this section, an arbitrator shall determine the matter in relation to values at the time of arbitration current in the area in which the mining lease is situate for land of a similar nature to the land con- cerned but without taking into account any enhanced value due to the presence of minerals. Compen- 63. ( 1) The holder of a mineral concession shall, on demand sation for being made by the owrter or lawful occupier of any land subject to dis tu rbancc of rights, etc. such right, pay such owner or occupier fair and reasonable com- pensation for any disturbance of the rights of such owner or occupier and for any damage done to the surface of the land by such operations and sha11, on demand being made by the- owner of any crops, trees, buildings or works damaged during the course of such operations, pay compensation for such damage: Provided that -- (i) payment of rent under the provisions of section 62 shall be deemed to be adequate compensation for deprivation of the use of land to which such rent relates: (ii) in assessing compensation payable under tl-iis section, account shall be taken of any improvement effected by the holder of the mineral right or by his predecessor-in-title, the benefit of which has or will enure to the owner or lawful occupier thereof: (iii) the basis upon which compensation shall be payable for damage to the surface of any l,rnd shall be the extent to which the market value of the land (for which purpose it shall be deemed saleable) upon which the damage has occurred has been reduced by reason of such damage, but without taking into account any enhanced value due to the presence of minerals: and (iv) no compensation shall be payable lo the holder of a State Grant of land or his successors-in-title in respect of any operations under a mineral concession existing at the date of such GranL. (2) If the holder ofa mineral concession fails to pay compensation when demanded under the provisions of this section, or ii' the owner or lawful occupier of any land is dissatisfied with any compensation offered, the dispute shall be determined by arbitration. (3) A claim for compensation under the provisions of'·subsection ( 1) shall be made within a period of 4 years from the date when sue h L.R.O. 1{1977 .\!i11r.1 and Minerals (CAP. 66:01 claim has accrued, failing which, notwithstanding- the pronswn.~ of' any other written law, such claim shall not lw f"nfor('c.ihk.

64 — (.I) Where the President considers that any land is required Compulsory

64. (.I) Where the President considers that any land is required Compulsory to secure the development or utilization of the mineral resources ol acquisition or land Botswana, he may compulsorily acquire such land. (2) Acquisition of land under this section shall be dcernccl to he for a publil' purposr in terms of the provisions of' the An')l1isitio11 iii Property Act and any acquisition under th is section shall be effcctC'd Cap. 32 1 C 1 in accordance with the provisions of that Al't. P.\RT IX Fina11r'inl

65 — (I) Subject to the provisions of this Part, the holder or a Royalties

65. (I) Subject to the provisions of this Part, the holder or a Royalties mineral concession shall be liable to pay royalties to the Government on any mineral obtained by him in the course of the exercise ur his rights thereunder at the rates prescribed in the Schedule. (2) The Minister may, by notice published in the Gazette, amend all or any of the provisions of the Schedule, including the manner in which the amount of royalty may be computed, whether in relation to the market value of such mineral, the profitability of any mining operations or otherwise, and, in particular and without prejudice to the generality of the foregoing, may amend the Schedule by reference to the source of any mineral or to the holder of any particular mineral concession. (3) For the purposes of this Part "royalty" includes all sums, by whatever name called, payable by way of consideration for the right to mine any mineral.

66 — ( 11 The ;1,.finistcr may, on behalf of the Government, enter Agreements

66. ( 11 The ;1,.finistcr may, on behalf of the Government, enter Agreements into an agreement concerning royalties with any person who i~ or regarding royalties may become liable to the payment of royalties under this Act. (2) No agreement entered into under this section shall have effect unless and until it is ratified by an Act of Parliament but upon rati- fication an agreement shall be deemed to have come into operation on the date specified in that agreement. (3) An agreement entered into under this section may vary the provisions of this Act insofar as such provisions - (a) impose liability to royalties: or (b) regulate the imposition of such liability. (4) If any agreement entered into under this section imposes any liability to royalties, such liability shall be deemed to be a liability imposed under this Act and the provisions of this Act shall apply thereto.

67 — ( 1} The Minister may remit, in whole or in part, any royalty Remission or

67. ( 1} The Minister may remit, in whole or in part, any royalty Remission or royalties payable on any mineral, or on any mineral produced from any specified deposit, for such period as he may determine if he considers it expedient in the interests of the production of such mineral so to du. LR.O, !/1977 32 CAP. 66:01] Mines and Minerals (2) The Minister may exempt from liability to royalty samples of minerals required for the purpose of assay, analysis or other exam- ination. Provisional 68. ( l) Where, for any reason, it is imprnctical to assess the royalty amount of any royalty due, the Minister may assess a provisional royalty. (2) When any royalty due has been ascertained, the holder of the mineral concession concerned shall pay any sum which may be required to complete such ascectained royalty or be entitled to be repaid any sum paid in excess of the ascertained royalty. Deferred 69. The Minister may, on application being made to him by the payment of holder of a mineral concession, defer payment of any royalty due royalty from such holder for such period and subject to such conditions as he may determine. Prohibition 70. (I) If the holder of a mineral concession fails to pay any on disposal royalty or provisional royalty due in respect of that concession on or of minerals before the clue date or any extension thereof, or if the Minister has reason to believe that minerals have been _produced from any area and royalties have not been paid in respect thereof, the Minister may, by order served on the holder of the mineral concession con- cerned, prohibit the disposal of any mineral from such area, or from any other area held by such holder under a mineral concession until all outstanding royalties have been paid or until an arrangement has been made, acceptable to the Minister, for the payment of such royalties. (2) Any holder of a mineral concession who contravenes or fails to comply with the provisions of an order given under subsection ( l) and any person who, knowing of such an order and contrary thereto, receives any mineral from the area concerned, shall be guilty of an offence. Annual 71. ( l) There shall be due and payable to Government by every charges in holder of a prospecting licence or restricted prospecting licence an respect of prospecting annual charge in such amount as the Minister may determine or as licences may be prescribed. (2) The annual charge payable under the provisions ofsubsection ( l) shall be payable on the issue of a prospecting licence or restricted -pr0specting licence and thereafter annually on the anni ,/ersary thereof until the termination of such licence. ( 3) Where a prospecting licence or a restricted prospecting licence is granted over land in a tribal territory, one-half of any moneys received under the provisions of this section shall be appropriated as a p;rant-in-aid to the district council within the area of which the land is situak. Annual 72. ( 1) There shall be paid by the holder of every mining lease charges or restricted mining lease an annual charge in such amount as the in respect of mining leases Minister may determine or as may be prescribed. LJl.,0. 1/1917 Mines and Minerals [CAP. 66:01 33 (2,1 The annual charge payable under the provisions ofsubsc('tion 11) shall be payable on the issue of a mining lease or a rcstrictL·d mining lease and thereafter annually on the anniversary thereof until the termination of such lease.

73 — The Minister may, from time to time, make such arrange- Security for

73. The Minister may, from time to time, make such arrange- Security for ments as to him appear appropriate to secure that the holders (Ir compliance mineral concessions comply with the provisions of this Act,_ and, without pr~judice to the generality of the foregoing, may an-cpl guarantees, whether from shareholders or othC'rwise, in respect ()r ~uch compliance. PART X Withdrawal of applications, surrender and termination oj mineral concessions, ttc.

74 — An applicant for a mineral concession or any renewal thereof Withdrawal

74. An applicant for a mineral concession or any renewal thereof Withdrawal may withdraw his application at any time before such application of applications is approved or rejected by notifying the Minister, in writing, that he withdraws such application.

75 — (I) Subject to the provisions of section 44 and of any condition Surrender of

75. (I) Subject to the provisions of section 44 and of any condition Surrender of in his mineral concession, the holder of a mineral concession may area or part thereof surrender the area covered by his mineral concession or part thereof covered by by-· mineral (a) giving the Minister not less than 3 months' notice of his concession intention to surrender the whole or part of the area con- cerned; ( b) applying to the Minister for and obtaining a certificate of surrender; and (c) complying with such conditions as the Minister may deter- mme. (2) If the application for a certificate of surrender is in respect of part only of the area covered by the mineral concession, the holder thereof shall -· (a) in his application,-· (i) if it relates to a mining area, provide a diagram of the area to be surrendered: (ii) in the case of any other mineral concession, provide a reliable plan, in a form acceptable to the Minister, of the area to be surrendered; and (iii) in all cases, give the results of prospecting carried out; and (b) if the application is approved, demarcate the remaining area in the prescribed manner. (3) No surrender of any area covered by a mineral concession shall be effective until the Minister has issued a certificate of sur- render in respect of that area. ( 4) A surrender shall be without prejudice to any liabilities or obfigations incurred by the holder in relation to the area surrendered prior to the date of surrender. L. R. 0. 1[1971 34 CAP. 66:01] .\!inPs and :\1intra Ir (5) On the issue of a certificate of surrender the Minister shall, - (a) if the surrender is in relation to the whole area covered by a mineral concession, cancel such concession; or (h) if the surrender is in respect of part only of the area covered by a mineral concession, amend the concession accordingly. Minister's 76. ( l) Subject to the provisions of this section, the Minister may power to 'suspend or cancel a mineral concession if the holder thereof - suspend or cancel a (a) fails to make any of the payments required by or under this mineral Act on the due date: com::ession (h) contravenes any provision of this Act or the conditions of his mineral concession or the provisions of any other written law relating to mines and minerals; (c) dies or becomes insolvent or commits any act of bankruptcy or enters into any agreement or scheme of composition with his creditors or takes advantage of any written law for the benefit of debtors or, in the case of a company, goes into liquidation, except as part of a scheme for the reconstruction or amalgamation of the holder thereof: (d) makes any statement to the Government in connexion with his mineral concession which he knows or ought to have known was false; or (e) for any reason becomes ineligible to apply for a mineral concession under the provisions of section 5. (2\ Before suspending or cancelling a mineral concession under paragraphs \a) and (b) of subsection ( 1), the Minister shall give the holder thereof notice in writing specifying the particular failure or contravention and calling upon the holder to remedy the same within such period, being not less than 30 days, as may be specified in such notice. (3) If the holder of a mineral concession fails to remedy any failure or contravention specified in paragraphs (a) and {b) of subsection (I) within the period specified in a notice issued under subsection (2), or if there is an event specified in paragraphs (c), (d) and (e) of subsection ( 1), the Minister may, by notice to the holder thereof, cancel the mineral concession forthwith. ( 4) On cancellation of a mineral concession under the provisions of this section, the rights of the holder thereof shall cease but without prejudice to any liabilities or obligations incurred in relation thereto prior to the date of cancellation. Assets on 77. (I) Subject to the provisions of this Act and to any provision termination to the contrary in his mineral concession, the holder or former holder of a mineral concession may, within 6 months after the date of termination of his concession, remove from the mineral area any buildings, fixed machinery or other movable property. (2) If the Chief Government Mining Engineer certifies that any buildings or fixed machinery are necessary for the care and mainten- ance of any mineral area, such buildings or fixed machinery shall not be removed without the consent of the Minister. L.R.O. l/1971 .vfinfs and .V!inl'rals rcAP. 66:01 35 ( :3 1 1f consent lo remove any buildings or fixed machinery is refused under subsection (2), any person who acquires a mineral :concession over the area concerned shall purchase such buildings or fixed machinery from the previous holder who shall sell the samC' to such person at such fair and reasonable price as shall be agreed upon, or, if the parties are unable to agree on a price, at such price as shall be fixed by arbitration. (4) Any dam and the waters impounded thereby shall be left intact and any machinery or appliances connected therewith may be removed only with the consent of the Minister.

78 — (1) Upon termination of any mineral concession the holder Delivery uf

78. (1) Upon termination of any mineral concession the holder Delivery uf thereof shall deliver to the Minister - documents on termination (a) all records which the holder is obliged under the provisions of this Act to maintain: (b) all plans or maps of the area covered by the mineral con- cession prepared by the holder or at his instructions: and (c) such other documents relating to the mineral concession as the Minister may direct. (2) Any person who fails to deliver any document required to be delivered under the provisions of subsection (1) within 14 days of being called upon so to do by the Minister shal1 be guilty of an offence.

79 — Where the holder of~

79. Where the holder of~ Pending (a) a prospecting licence has made application for a renewal applications thereof or for a mining lease over part of the area covered by his prospecting licence; or (b) a mining lease has made application for a renewal thereof, the Minister may extend the period of validity of such prospecting licence or mining lease, as the case may be, pending his decision on the application. P,\RT XI Rrg11fatio11.1

80 — (I) The Minister may make regulations for the better Regulations

80. (I) The Minister may make regulations for the better Regulations carrying into effect of this Act and, in particular and without, pre- judice to the generality of the foregoing, regulations may prnvide for the folio.wing matters or purposes - (a) prescribing anything which in terms gf this Act is to or may be prescribed; (b) for making of returns of minerals won and for the valuation .of such minerals, and the sampling, weighing and testing of any mineral; (c) the manner in which applications under this Act shall be made, and any additional information to be supplied by applicants; (d) the shape of the areas over which mineral concessions may be granted: I .. R.O. 1/1977 36 CAP. 66:01] Mines and Minerals (e) the manner in which areas and boundaries shall be marked, beaconed and surveyed and the fees payable in respect ol such survey; (/) the grazing of cattle or other animals on the area covered by a mineral concession; (g) the gathering of fuel and the cutting down and use of timber for the purposes of carrying on prospecting and mining operations; (h) the renewal, transfer, assignment and surrender of mineral concessions; (i) the returns to be rendered and the nature of the accounts, books and plans to be kept by the holders of mineral con- cess10ns; (j) the method of calculation of the amount of royalties and the manner and time of payment thereof; (k) the fees to be paid in respect of any matter or thing done under this Act; ( l) the amalgamation of mineral' concessions; (m) the contribution by parties benefited of a fair share of the cost of pumping in cases where pumping in one mine benefits other mines; (n) the defiling or wasting of water, wherever situated and wherever obtained; (o) the restriction or prohibition of prospecting operations in or near any river, pan, lake or stream; and (p) the nature and adequacy of such sketch plan rcquirc<l for the purposes of this Act. (2) Regulations under subsection (l) (j) may (a) prohibit the export of any mineral unless or until the royalty payable thereon has been paid or secured; (b) specify the person or persons by whom royalty shall be payable and may specify whether two or more persons are jointly and severally liabl~ to pay such royalty; (c) provide for the examination of mineral consignments and the issue of export per mi ts in respect thereof; (d provide for the remission or refund of royalty' or any part thereof in any case or class of case and the manner in which and conditions on which such remission or refund may be made; (e) confer upon any public officer specified therein such powers of inspection and enquiry as may be reasonably necessary for the proper carrying out thereof. {4) Regulations made under this section may provide a penalty for the contravention thereof in any amount not exceeding P500 and to imprisonment for 6 months. l.R.0. 1/1977 Mines and Minerals fCAP.66:01 37 PART XI [ Penalties and offences

81 — (I) If the Minister considers that the holder of a mineral Imposition

81. (I) If the Minister considers that the holder of a mineral Imposition concession is in breach of any of the provisions of this, or of any of penally on holder of the terms or conditions of such concession, he may, in lieu of of mineral proceeding under any other provision of this Act, notify the holder concession accordingly and require him to show cause, in writing, within such reasonable time as the Minister shall specify in the notifio.tion, why he should not incur a penalty for such breach. (2) If, within the time specified in a notification, the holder of a mineral concession fails to satisfy the Minister that - (a) the alleged breach has not occurred; ( b) the holder has taken all appropriate precautions, due care and reasonable alternative measures with the ..-object of avoiding such breach; or (c) there was a reasonable excuse for the breach, the Minister may order that there be imposed on the holder a penalty in such sum, not exceeding P5 000, as the Minister may deem appropriate having regard to the nature of the breach, its seriousness and the other occasions, if any, upon which the holder has been in breach of this Act or of the terms or conditions of his mineral con- cession. (3) If the Minister makes an order under subsection (2), the penalty imposed may be recovered in any court of competent jurisdiction.

82 — Any person who - Offences

82. Any person who - Offences (a) fails, neglects or refuses to a1low or provide aJl reasonable facilities and assistance to an authorized officer; (b) fails, neglects or refuses to comply with any direction given under section 7; (c) obstructs, hinders or delays an authorized officer in the performance of his duties under this Act; (d) conducts reconnaissance, prospects or mines otherwise than in accordance with the provisions of this Act; (e) in making application for a mineral concession or any renewal thereof, knowingly makes any statement which is false or misleading in any material particular; U) in any report, return or affidavit submitted in pursuance of the provisions of this Act, knowingly includes any information which is false or misleading in any material particular; "(g) fails to notify the Minister in pursuance of the provisions of section 27 ( 1) ( e) or 41 ( 1) (e) ; (h) removes or disposes of any mineral contrary to the provisions of section 30; (i) exports any radioactive mineral in contravention of section 45 or who fails to comply with the terms or conditions of a permit issued under that section; L.R.O. 1/1977 38 CAP. 66:01] .Wines and Minerals (j) carries on business in contravention of section 47 { l) or who erects any building or other structure in contravention of the provisions of section 4 7 (2); (k) removes any buildings, fixed machinery or other movable. property contrary to section 77; (l) places or deposits, or is acce:;ssory to the placing or depositing of, any minerai in any place with the intention to mislead any other person as to the mineral possibilities of such place; (m) mingles or causes to be mingled with any sample of ore any substance which will enhance the value or in any way change the nature of such ore with the ·intention to cheat, deceive or defraud; or (n) being engaged in the business of milling, leaching, sampling~ concentrating, reducing, assaying, transporting or dealing in ores, metals or minerals, keeps or uses any false or fraudulent scales or weights for weighing such ores, metals or minerals, or uses any false or fraudulent assay scales or weights or enriched fluxes used for ascertaining the assay value of minerals, knowing them to be false or fraudulent, shall be guilty of an offence. Penalties 83. ( 1) Any person guilty of an offence under this Act shall be liable, on first conviction, to a fine of Pl 000 and to imprisonment for 12 months. (2) On a second or subsequent conviction for an offence under this Act, a court may impose a penalty which does not exceed double the penalty referred to in subsection ( l). Summary 84. ( l) An authorized officer may, if satisfied that any person is impositiori of guilty of an offence under this Act, summarily demand from such penalties person the payment of a fine not exceeding P50 in respect of such offence. (2) Any person from whom payment of a fine has been demanded under the provisions of subsection (1) shall have the right to elect to admit liability and pay the fine, or to dispute liability, and such person shall be informed of such rights at the time by the person making the demand. (3) The payment forthwith or within such time as the person making the demand may specify of a fine shall operate as a bar to any further proceedings against the person making such payment in respect of the offence concerned. (4) An authorized officer receiving payment of a fine shall cause a receipt to be given in such form as may be prescribed, and shall cause the fine to be paid into the general revenues of the Republic. (5) An election made under subsection (2) shall be irrevocable. PART XIII Records and information Records to be 85. (1) The Minister shall maintain records of all mineral maintained. concessions issued under this Act in sufficient details as to show - by Minist'tr L.R.O. 1/1971 Mines and Minerals [CAP. 66:01 39 (a) the name of the holder of the mineral concesswn; (b). the area subject to mineral concession; (c) the date of issue and duration of the mineral concession; and {d) the mineral for which the concession is granted. (2) Records maintained under subsection ( 1) shall be open to inspection by members of the public during normal Government office hours, and members of the public shaIJ be permitted to take copies thereof.

86 — Records supplied to the Minister under section 27 (3) shall, Certain

86. Records supplied to the Minister under section 27 (3) shall, Certain so long as the person supplying the same or his successor-in-title records supplied to retains a prospecting licence over the area to which the records Mii,iste~ to relate, be treated as confidential and shall not be divulged without be the consent of the person supplying the same or his successor-in- confidential title: Provided that nothing in this section shall prohibit the-disclosure of any confidential information - (i) where such disclosure is necessary for the purposes of this Act; (ri) for the purposes of a prosecution under this Act; (iii) to any person being a consultant to or officer employed by the Government who is approved by the Minister to receive such confidential information.

87 — Nothing in this Act shall affect the continued validity of ally S:ni111!

87. Nothing in this Act shall affect the continued validity of ally S:ni111!: title to, interest in or right over, any minerals, of whatsoever nature, subsisting immediately prior to the coming into operation of this Act (hereinafter called "existing right"): Provided that ~- (i) any grant or concession being or deemed to be - (a) a State Grant ofa Special Prospecting Licence issued under the provisions of section 8 of the Mines and Minerals Act (hereby repealed), shall be deemed for Lhc purposes ol" this .\rt Lo be- a prospcning licence issued under the provisions ol' Part \-': (b) a State Grant ora mining lease issued under the pro- visions of sectiuu '.!4 of the Mines and Minerals Act, shall be deemed for the purposes of this Act to be a mining lease issued under the provisions of Part VI, and insofar as it confers a right to peg claims for the purpose of acquiring a right to mine shall be deemed to confer a right to apply for a mining lease under the provisions of Part VI; (ii) in the event of any conflict between the terms and con~ ditions of any existing right and the provisions of this Act, the terms and conditions of such existing right shall continue to be valid and enforceable notwithstanding the provisions of this Act and, where provision is made in the grant or concession conferring such existing right for its extension or renewal, such terms and conditions may be l.R.0. 1/1977 40 CAP. 66:0lj Mines and Minerals incorporated in the grant or concession as extended or renewed under this Act notwithstanding that such extension or renewal is, in other respectsi subject to the provisions of this Act. SCHEDULE (s. 651 l. The royalties payable on~ {a) building and industrial mincra{s, shall be three per cent of the gross market value; (b) coal, shall be.five per cent of the gross market value; (c) precious stones, shall be ten per cent of the gross market value; (d) semi-precious stones, shall be five per cent of the gross market value: (e) oil shale, shall be three per cent of the gross market value; (I) petroleum and ·natural gas, shall be ten per cent of the gross market value; (g) radioactive minerals, shall be.five per cent of the gross market value; (h) precious metals, shall be.five per cent of the gross market value; and (i) any other mineral or mineral product not otherwise mentioned, shall be three per cent of the gross market value.

2 — The term "gross market value" shall, for the purposes of this scale of

2. The term "gross market value" shall, for the purposes of this scale of royalties, be defined as being the gross marketable value of the mineral or mineral products, less any costs incurred for transport of output prior to sale or disposal, for insurance and such other costs as the Minister may allow. L.R.O. 1/1977

Mines and Minerals Act

عن هذا القانون

أين تقرؤه

النص