Minerals Act, 1962 (Act 126)

3. (1) Every holder of a licence granted under section 2 shall- Rentsatcd pay, subject to thfa. Act and any other enactment- c_ompensa. (a) in respect of stool land- hon. (i) rent for the use of land required for the .rmrpo.<:es of such licence; and (ii) compensation for any disturbance or injurious affection to such land; and (b) in respect of land other than stool land- (i) on which there were no improvements during the eight years imme&ately preceding the decla- ration by the President under section 2 (b); 3 Act 126 Minerals Act, 1962 compensation of not more than twice the value of the consideration pald by th~ present holder of rights in the land; and (ii) on which there have been improveni?nts whJciJ are in existence at the time of the said declara~ tion, compensation determ.ined in accordance with the provisions. of the State Lands Act, 1962 (Act 125), (2) If there is at1y disagreemcn~ as to the amount of the rent to be palu under paragraph (a) (i) of section 3 (!), such amount shall be fixed by the Minister and his decision thereon shall be final. (3) If there is any disagreement as to the amount of tho com~ peosation to be paid under paragraph (a) (ii) or (b) (i) of sectio~ 3 (l}, such amount shall be fixed by the Minister from whose decision there shall be an :1-p:pel.\l_ to th'<>' High Court within threo montho of such decision, Account to 4. Revenue under this Act shall be paid into the appropriate which account maintained for thtl purposes of the Administration of ,e.vcnue. Laud~ Al:l, 1962 (Act l.Z3), and shall be disbursrd in accordance paid, etc. with the provisions of that Act. Pres!dettt to 5. (I) The President shall, on behalf of the Republic of have the: risbt of Ghana in trust for the People of Ghana, have the right Qf pre- pre-emplfon emption of all minerals raised, won, or gotten in Ghana or from of minerals, lands covered by territorial waters by any existing hold~r or by any etc. holder of a licence granted under this Act and of products derived from the refinitlg or treatment of such minerals. (2) The President may. by exec11tive in.strument in the form of an order, appoint any statutory corporation to act as his agent for tb.e exercise of his right of pre~emption 1-tnder ftubsection (1), subject to such conditions as may bo specified in the· instrument. ""rice to 1'e 6. The_ prk:e to be pa.id for minerals or products taken, in the ,)aid on exercise of the right of pre-emption, undet section 5 shalt~ P(Htn!)tion, (a) if it has been provided for in a written agreementt be the price specified therein; and (b) if it has not been so provided for, be tho p11bli.cly quoted market rate ruling for such minerals or pro~ ducts as- delivered at the ruino ot plant, as the- case may be, at whioh snch right of pre~emption in respect of such minerals or products was exercised: Provided that where there is no such wntten agreement o.r no such rat•, the price shall bo decided upon by the High Coutt, 4 Minerals Act, 1962 Act 116

7. The nght of pr~mption provided for by this Act shall eMend to all mmerals or products sold to other customers by the person to .ix.tend to ;t~~~!ticn a~<dn::;l whom i;uch ilghL is cx.r;acisl.N-, but which_have 1tot kft the millc:£ah, boundaries of Ghana or territorial waters or the atr space of Ghana !~~;;a,dy and the price to be paid for such minerals and products shall b-e the aold. rate referred to in section 6 or the actual contract price at which such rnin.,.nik ,:,r produ~ts were !:Old, wb-ic-hever i.<: Jes<.:., togPth.P.r with- (a) the actual costs of transport from the mine or plant, as the case may be, to the port, railway station ot locality at which such min~rals or products were taken in the exercise of such ri2ht: and {b) a-ny actual penalties or damages which such person may prove that he has suffered by reason of the cancellation or alteration of seal rail, road or air tra1,sport or of charters of vessels or planes for the conveyance of such mmerals or products; and (c) any actual costs of insurance of such minerals or pro~ ducts: Provided that such penalties or damages shall only be payable on a charter or freight agreement actually entered into for a parti.. cular voyage or despatch by sea., air, rail or road and not on any general charter or freight agreement in respect of .any prospective voyage or despatch.

8. Every person, who upon the President or his agent making Obstruction known his __intention of exercising his right of pre-emption in respect 0: :r;;cisf of any_ mineral$ or products under this Act prevents or obstructs the ~m~tlon. exercise of such right shall, on conviction by a court of competent .1urisctictiot1, be gUilty of an offence which· shall be a misderneaoour, and shall in addition to nny other punishment imposed by that Court, be liable to pay an amount equivalent to twice the value of such minerals or products and to the cancellation of any licence hold by him under this Act or of any dghts menlioned ill paragraph (a) of the proviso to section I of this Act.

9. O) The Minister may for the purposes_ of this Act require in Furnishing wtiting any person to furnish him, within the p_eriod specified in of informa• tkin o.od hb request, such informatioo and documents as may be mentioned dotulllelitS, therein. Provided that in the case or a person noll~resident in Ghana the request shall be made to the attorney appointed in acc:ordance with :;ecli.on 9 of the Concessions Act, 1962 (Act 124). (2) Every person requested to furnish any information or document under subsection (1) shall, within the period specified in the request, furnish such information or document. 5 Act 126 Minerals Act, 1962 (3) Every person contravening the preceding pt?vi~io?-s ~t this ~ectiou shall, on conviction by a court of competent Junsd1ct1on, ~e 1ruilty of an offence which shall be a misdemeanour, and sh~U m addition to any other punishment imposed 'by that Cour~, be hable Lu .i Jlui:: vf .£0100 fu1 t;;Ytlt:y I.lay in wlrid.1. fo: lms Leen m default, such default to be deemed to commence one week after the date of the receipt of the request of the Minister referred to in_ subsection (I). Offences by 10. In the case of an offence under this Act committed by a hn-rlT~ of pe~om. body of persons~ (a) where the body of person\\ is. a. body corporate; every director and officer of that body corporate shall be guilty of that offence; and {b) where the body of per.sons is a firm, every pa.rtnci: uf that firm shall be deemed to be guilty of that offence. Provided that no such. person shall be deemed to be gui.lty of that offence if he proves that the offence was committed without · hi~ knowkagP- or that he exe-roii:ed .ill due diligence to prevent the commission of the offence. Regulation~. 11. (l) The President may by legislative instrument, make regula- tions prescribing the form and terms of licences under thi.s Act. (2) Subject to the pr<.ivil'>ions of i-.ufocctiuu (1), lhc Minister may by legislative instrument make such regulations as may be necessary for giving effect to the purposes and provisions of this Act. ¼terpre- 12. In this Act, unless the context otherwise requires~ tr.rion. " 1niuern.h .. include minerals and ores of au kinds including precious stone\\, coal, mineral oil and gases; " Minister " means the Minister to whom functions under this Act are assigned by the President; · ·• port" include$ un nirport; " rivers " include the tidal waters and estuaries of rivers; "stool land " i;h.;3.ll hsve the same-meaning as in the Adminis- tration of Lands Act, 1962 (Act 123); .. " territorial wat~rs " means the torritorinl watei:s of Gh.,.mi. . below low water mark; · " watercourses " iadude lakes with visible inlets or outlets but do not include lakes the inlets or outlets to which are not visible. · Repeals. . 13. Tbe provisi~ns of the Mineral Oil Pre-emption Ordinance (Cal?· 154), oi sect10n 3 (1), 29, 45, 48, 55 and 86 of the Minerals Ordm11!~ (Cap. 155) and of section 5 of the Tema Town and Port (Acqms1t101; of Land) Ordinance, tQ5"J (No. 38) are hereby rep,mlcd: . ~rov1ded ~hat aoy statutory instrument made under those prov1s10ns and in force immediately before the commencement 6 Minerals Act, 1962 Act 126 of this Act. shaU, until such iustrument 1s altered, revoked or other~ wise oodified under this Act, continue in force as if such instrument had been made under this Act.