Nigerian Minerals and Mining Act, 2007 — official gazette scan (Ministry)

142. Jurisdiction ofthe Federal High' Court.  I.. NIGEItIAN MINEttALS ; ~ AND MINING ACT, 2~ , 2007 ACT ,N.:o.20 j I AN ArT ro REI>€AL rrrs MINERALS AND<Mn.lrINd ACT; No, 34 OF I 999ANO RE~'ENl\ct THE •NIGERIAN MINERALS AND MINING A(rr~2007i FOR ,THE PURI'OSES OF REGUUl(r1NG ALL ASPECTS OF THE EXl'LORATlON ANtiHxPLOlrATlONOb'·SOU[)'MINE~ALS 'IN NiGERIA; AND,FOR REltf.TED I'URI'OSES • ./';' ._J' ".' : ' .• t [29th Day ojMarch, 2007] Commence- ment ENACTED by the National Assembly ofthe Federal Republic of Nigeria=- . .' • -:~.' .,..•. ,'In:) . . 1 (i:,,. .1 __ GHAPTER I-MINEM4S, EXPkORATION" MIN~G ANI) QUARRYING PART I-OWNERSIIIP AND CONTROL OF MIN)'ORALS , , , '.' ". -,'!',') < • :' • - "".,;." < ~ - , ) 1•.........,( ~) The entire property in.aad controlof'all Mineral Resourcesin, under or Control of upon any land in Nigeria, its contiguous continental shelf ood all rivers, streams and property in Minerals. .water' courses.through out Nigeria, any area covered: by its,.territQri~l.waters or water, etc. constituency and the Exclusive Economic Zone is and shall be vested in the Government vested in the of the Federation for and on behalf of,~he p~ople o~Nig~ria. ' ;;,'" State. (2) Alllands in which minerals have been feund in commercial: quantities shall, from the commencement of this Act be acquired by the government of the federation in ,accordance with ,the provisions-of the 4~ lJ,&e,Al* "... (~) The property in mmei-al res'6'urc(:!sshall'pass from theGoverntrtentto the person by whtlmthe mil'leralre$ource~ atEft'<tWfully wbn,u~ritheirrecovery in accordance with this Act.· "" , i.-(I) No person sh:';\Ir:~af5h.fo~ ,o,r(:~PJ~i~'~inel1ll' res9~rce~iriNiiFfia or Prohibition di~ert or i~.B0und ~m~ffOor.the puwos,~,pf Mini~F, ~~~ep'!.aspr9J~i~~d in,thi~ Act. of Exploration (2) The provisions of this Act in respect of Reconnaissance, exploration and or exploitation of Mineral.Resources, ir Nigeriasha] I, ~ppl¥ to r~si:io,~,i\\e M inerals with exploitation of Minerals such modifications as may be determined by health arid public policy ,consid~r~rions, without , , '-', ~. authority. :;.-:! -'}.)-~' "" ~ ,,;"<.i. -tel ·.i'<C'·_l :il;j .' ~i;t ,- .. ' "'" , ~,--dI ~No mineral titlegranted und~phwACt ~~~1.I.aWP9r~fttreConnllf~~ance, Lands excluded exploration or expl()i~~ti~t;lof minera] resowce.~ot;l,.Rr inll(ll't~~&lW\Wn.l?fpea~ns on from or the,~cc~pa,tion of a»y,t !:an~;; '/ " 'W".iI);"" i' Minerals exploration & ) set apart for, or used for or appropriated or-dedicated t01lnymiHtarypwpose and excv.pt~ithJ?t prip[ appmJ~I.oft?e rre~i,d7nt; 'I' '" Exploitation. (b) within fifty,metres'M aneil plpeline1iceitceareatgrantedmder. tlwCAl ~ijleline Act; , '<,. ':i;! (c )QC<;uIl~ py any 19W~, v;J,ia&e, m~~hJ~u.r\lll,grCWJMIOfpe~ter:r\,aJIcestral, t ' ; S!lCr¢;Of ~~~RJQg.ic~l,l'ijte-> llPPlPPl<\a~~for ·IH;aj~)'Iay.qr".~j!Wlt~~l.W.~1l.W fifty  A 486 2007 No. 20 Nigerian Minerals and Mining Act or metres of a railway, or which is the site of, within fifty metres of, any government or public building, reservoir, dam or public road; (d) that is subject to the provisions of the National Commission for Museums and Monuments Act, Cap. N 19, Laws of the Federation of Nigeria, 2004 and the National Parks Service Act, Cap. N65, laws of the Federation of Nigeria, 2004; or (e) over which a Mineral Title has previously been granted bythe Mining Cadastre Office and where such Mineral Title is subsisting. (2) No reconnaissance activity shall be carried out and no mineral title shall be granted under this Act over any area that is designated as closed to mining operations. PART II-ADMINISTRATION OF THE Acr Functions of 4. Subject to the provision of this Act, the Minister shalJ- the Minister. (a) ensure the orderly and sustainable development of Nigeria's Mineral Resources; (b) develop a well planned and coherent programme of exploitation of mineral resources taking into account the economic development, ecological and environmental factors ; (c),lnonitor compliance with Community Development Agreements by industry operators ; . , ' . ,. (d) establish the procedure for monitoring developments in the solid minerals sector and encourage the private sector investment in mineral resources development; (e) ensure that in the exploitation of the mineral resources, an equitable balance is maintained between foreign an indigenous interest; (fJ create an enabling environment for the private investors, both foreign and domestic by providing adequate infrastructure for mining activities, and iden~ify areas where Government intervention is desirable. in achieving policy goals and proper perspective in mineral resources development; (g) accelerate the development of'technicaland professional manpower required in the mineral sector; (h) establish environmental procedures and requirementsapplicable to mining operations ; (i) maintain liaison between investors and Government Departments and Agencies set up for the purpose of development of mineral resources and allied projects; and collaborate with other Ministries and agencies Of the Federal Government whose functions relate to the objectives of this Act; , , (j) prescribe measures for th~ general welfare and safety ofw6rketli engaged in mineral resources operations; (k) develop a geo-scientific databank, and collate detailed data concerning the identity, quantity and quality of Nigeria's Mineral Resources; (I) assist the private sector in identifying specific mining projects; (m) initiate, organize and participate in promotion. mineral resources development, such as conferences, seminars and workshops geared towards the stirmrlation of investments in mineral resources; I I  Nigerian Minerals. and Mining Act 2007 . No. / 20 ~i\fl A, 487 (n) provide and disseminate up to d.ateinform~tiQnon incentives in mineral resources available to investors under ihi~ Ac~ ;, (0) register and keep records of all enterprises and companies established and pursuing activities in mineral reseurees and allied projects;: ,..; . ' .. , ": ' .. " _' <;> "iIi.,: ,_: .. '.. (P) cause to be created, such departments anq agenpies as,are necessary for the cffec tive administration of this Act; .' .' (q) introduce investment friendly local contents measures for mining projects; (r) facilitate the development of indigenous technical and professional manpower required in the mineral resources sector; (s) cooperate on behalf ofthe Federal Government with other Governments and international agencies in respect of matters relating to Nigeria's Mineral Resources; (t) do such other things as are reasonably necessary or expedient for the performance of his functions under this Act ; and (u) have the power to designate a mineral as a radioactivemineral and by radioactive regulations make special provisions for the exploration, exploitation, possession, export or otherwise dealing inthe radio active mineral. .' , .. • '0 ~;.~(l) Thereshall.beestablished within six (6) months ofthe corning into Establishment effect of this Acta Mining C~~tre Offict;}V~tht/It; resPQnsibility f9r the,administr~i(m of the of Mineral titles and the maintenance of the cadastral registers. ;;: ; I' ; Mining Cadastre , ; ,(2) The Mining CadastreOffice-s- . 'f: '; Office. '. ,(a) shu 11be a body corporate wi tlhpcrjJetual succession and a common seal ~ (h)futty su~a~,tiesued,~ri jtsco~~r~e'n~et,~~d' "F ,'.',"'.,r;, ,'~;'. (e) may acquire, hold and dispose of property.whether m9yaqle <;>f i,llmw."a~~e: " (3,) Tbe, Mining Cadastre Offices,h;il1;\:>~ M\1J;inisWed!?y a D,i,re,<;:tp~~GenCfral who shall be assisted by such officers as shall tJe required for the efficient 'fllllcti<nji,ng of. the cadastre system.' ,.... '(4) In orderto'i~lfi] it~;function~ Jn~6r' thisAC't M!i~i~~C~~a~stfeqtfic~, ~,~all tile operate as the sole agency responsible for the administration of rriiiieral titles.' " .: . 'j, . '.d tr;;;! 'j!!' !t, ')': ': )1- t : ; - 'j (c) The Mining Cadastre OffIce shall inaddition to any other functions prescribed by or undehhis Act penorrnthe Ifollowirigill... :.r "'. ' .,.,.' .l' 1.' -: . _., -. ','l!) ~,,-..- I ': _. .' .' -,;,~ d--': ' ': r i -,' . ;.' for mineral titles and permits, issue, suspend and (a) consider applications upon the written 'approvallofith<t..Mioister;rev.oke any minerai ti.~!i· '! " " '(h) reteft'etlha'(fispds&dhp~1ib~idfis fotlthetrmiSf6r,'renewa~, thol:lIfiCtifiot/;· reHl1quishnielrtoFm\TItital 'nfi'es'(jt'6xien'sibW6t arte~~;1: i))!!i;r ,h ri, i I;" .' i.«: '(r}maintam a obrooologlicalTcocl»'dof·all appli~ns for!min~rM#ttl:l iJIL) !I "to a'p(j!<'lrity'boo~jWhicl1'is% bejsp~l;Iift'ca1jxjd~ed'\'oa~e&tai'A t'flelwro~ity and registration of applications for exclusive i\~fit'~ bn'y.~CftiWAf~d~; ';' j Ii' j.: (ii) a delleral;~6~i~ft:y~b'6ff'w!fifcliJis!wb!eused';fi5t'>!fff~tM~t~es of .': ·applfeatioh!;(Mlbere;reg1str:Uii<Mll:Of1~pribmty)ill'lnOt fMlltJe0.J::.l'I(:dt fj i ,cuniL:.'1 ',;1,) ~j.'-. ~ld'l! b!;;·:  A 488 2007 No. 2Q Nigerian Minerals and Mining. Act (d) undertake such other activitiesreasonably necessary for tile purpose of· carrying out its duties and responsibilities under the provisions of this Act. Central 6. A Central Mining Cadastre Office \¥ith. exclusive authority and jurisdiction Zonal over the whole of the country shall beestablished in Abuja as the headquarters of Orriees or the Mining CadastreOffice, The Mining Cadastre Office shall, :accdrdlng to the Mining administrative convenience, maintain an appropriate riumber of Zonal offices. Cadastre OITice. Mining 7. The Mining Cadastre Office shall open a series of files to be known as Cadastre Mining Cadastre Office Registers for the purposes of this Act, comprising of- Registers. (a) a register of Reconnaissance Permits; (b) a register of Exploration Licences; (c) a register of Mining Leases; (d) a register of Small-Scale Mining Leases; (e)a register ofthc Water Use Permits ;and (f) a register of Quarry Leases. Priority. 8.-(1) Where several applications are received' on the same area or for Priority overlapping areas from two' or more persons on the same business day the application which is first received in the proper form shall be deemed to have priority over the others. .. (2) The criteria offirst come, first served, as evidenced by registration with the issuing authority according to an established procedure, which in the-ease of the Mining Cadastre Office shall be registration in the Priority Register established by this Act, shall be strictly applied by the Mining Cadastre Office in case of competing applicatlbns for the same exclusive area. (3) The Mining Cadastre Office shall provide a receipt to an applicant for Mineral title evidencing-> .. (i) all documents and fees received from the applicant in respect of the applicatiori ; and . ," " (ii) the date and 'time of the applicatiori. Competitive 9.-( I) The Minister shall by regulations determine areas wherein an exploration bidding. licence and a mining lease shall be granted based on competitive bidding requirements. . , ~.) , ,',. (2) The Mining Cadastre Office shall consider competing bids and shall, through an.openand transparent method, select the bid whichwill promote the ~ditious and beneficial development of the Mineral Resources of the area havingregard.to-> (a) the programme of Exploration and Mining Operations.which the applicant pr9P9~es to carry out and the commitments as regards expenditure which the applicant is prepared to make ;. . , (b) the.financial.and technical resources of the applicant; and (c) the previous experience of the applicant in the conduct of Reconnaissance and Mining Operations.  Nigerian Minerals ami Mining Act. (3) The Successful application sMII betreated as an application under. sections 590r65. ", " 1O:.TheMinilftg'Cadastt'eOff.tce shaUconeotJ......,, ,; Fees-payable '. ';: _ : (:. ~!, '" 'J'. i; J :'~', ., t, - ,I to the (a) a fee for processing of applications for mineral titles; and Mining (h) an annual service {6~e~tabJi'sne,dat'at'ix~d rattp-ef sqiJate cadastraf urtit for Cadastre administrative and management i6Yvices reiideredby theCadastre." , I' ornee.

11

11. A mineral ~tle shail beco!11~liable to revoca(io~r:.vhere {he holder thereof Revocation Revocation of has failed to pay the prescribed fees.' " .' , of Mineral title for faiure to pay fees. 12. hi case of default of payfuellt of theannual service fee'due' tothe Mining Process for Cadastre Office, the Mining Cadastre Office shall give a thirty day"\vritien'C1Hault Revocation notice to the defaiilting party and, if payment is riot effected during that 'period, the when Mineral title holder Mining Cadastre Office shall record the default and revoke the mineral title. rails to pay fees.

13

13. The amount of the fees payable under section I0, administrationand Determination modalities for their payment shall be determined in the, regulations issued' by the or fees Minister. ' , ' '., " '., , payable.

14

14. Any notice required.to he sent by the Mining Cadastre Office to an applicant Notice to for, or holder ofa Mineral title shall be sent by courier service or registered mail to the Applicant. last knc wn address in Nigeria of the mineral title holder or given in person td an authorized representative ef'the applicant or hofderlofthe'mincl"aHi'l!le inNi~ria or published in the Gazette. The notice shall 'fOr lill'puri'oses bt suffiCient notice ()fthe subject matter of the notice to the applicant for or h6i~r of.a mineral title. ; . , . ' , ,~, , . " • , :: • :, '~, 1 i, ' r:

15

15. In the execution of his functions and relationship \Vith the MiningCadastre Relationship Office.the Minister shall.atall trf1le~ensur~ th~,indep~od'enceofthe'Mining Cadastre between the Minster and Office ill regard to thedischarge'otits functio~s and ",operatidns undJi-:fhis'ACC'.1'..-, '.,: ' t .;, i' ; ,",'; ~'; ,'-i :' .' , ,. ' . the Mining Cadastre Office. 16.-~,t) Forthe ptirposes of carrying out his functions> tlnderthill Aqt, the Establishment Minister-shall establish inthe Ministry=> '1 or Departments. ((,) a Mines Inspectorate Department; (lJ) a MineS'€rivironrhehtifl CdrltplianeeDeit>'artmeitt:ahd " 1'1 (c) s~c'l~ other' dep~;trn~hts ash~' 'rn~y'~onsid~f ~l'pedie~t fo(thlvtoper administration of this Act.' , . . (2) Such inspectors, ofticers"at'\(.1:othet'emptoyeesas may be 'considered necessary ,for carrying 'out the objectiv6sof this. Ad. 'shall~a~~, ~nto the departments and agencies established purseaas.to subsediori (:l.)loftbissection. '(3)' The')poWersiJ and; d(jti~s 'o't ih~' inspedtors',i, officers; 'dr odtiet ~p\~lo}'ees j appointed under sub-section (1) of this section shail b~ thdse ~ssigJbd·'·t~' 'them  A 490 2007 No. 20 Nigerian Minerals and Mining Act respectively under this Act, its regulations and in accordance with the provisions of the Public Service Rules in force. Functions or 17. The Mines Inspectorate Department shall in addition to any other functions the Mines prescribed by this Act and subject to the direction of the M inister-e- .,' Inspectorate ( . . Department (a) exercise general supervision over all reconnaissance, exploration and mining operations to ensure their compliance w!th this Act; (b) supervise and enforce compliance by mineral title holders with all mine health and safety regulations prescribed under this Act and any other law in force; (c) prepare and render records, reports and returns as required by the Minister or as prescribed by Regulations; (d) take custody of mineral resources required byany Court to be forfeited to the Government ; . (e) -with the prior approval of the Minister, dispose of any mineral .resources forfeited to the Government; . . . ". . (j) carry out investigations and inspections necessary to ensure that all conditions relating to mineral titles and the requirements of this Act are complied with; .' (g) discharge such other duties as may be assigned from time to time, oY'th¢ Minister; and • C*) review and recommend to the Minister, programmes for controlling mining operations. . Functi .ns or 13. The Mines Environmental Compliance Department shall in addition to any the Mines otherfunctionprescribed by this Act and subjecttothe direction of the Mi~i~trr~ Environmental Compliance (a) review all planastudies and reports required to be prepared.byHolders (If Department. Mineral title in respect of their environmental obligations under this Act; ~b): m~~itor and enforce compliance by h~lders ofminera('fiHe' ~ith ~Il enyirpnmyrital requirementsand obligations.e$tablished pursuant t6 'his'Act,it~ regulations and by any other law in force; ," . r.. (c) periodically audit the environmental requirements and obligations established pursuant to this Act, its regulations and by any other law in force and make recommendations thereon to the Minister; and (d) liaise with relevant agencies of Government with -respect to the social and environment issues involved in mining operations, Mine closure-andreclamatico ofland. Establ shmcnt 19.-(1) There is hereby established for ea\;h State.onne Federation aCommittee or State t() be known asthe Mineral Resources and ~nvironmental Management Committee, Mineral In this section referred to as "th~ Committee". ' . '.' ,, , Resources and (~) The Committee in each State shalf c~nsist qf- Environmental Mangcmcnt (a) 'a representative of the.Mines EnvironmentaLEbmpliance,o'epanment in the Committee. Ministry who shall be the chairman of the Committee ; (p).,a rt;:pres~ntativ;e ,of the Ministry responsible for land t1J~tte~s.pr P1ineral related matters In the State; . I," . " " < ,-' ,- - 0j],_ ../.i~'~Ii' J<',-;; I I  Nigerian 'Minerals and, Mining, Act - .-- (c) the Mines.Officer n~sponsi~le,fort~l; s,tate; ! i (d) a representative of the Ministry of Agriculture or Forestry in the State; (e) a re.pr~en~~ivf of the Surveyor-G~~wr~,l,qfthe State; (j) a representative of the Local Government.Council when maaersaffecting tile said Local Government Area are being considered by the Committee; . ,,!! .' ,', :. ;'" ' :''_, ;' ;, - , ,,:' )--: ,~ ~, ~"" ~ \._ ! i , (c) a representative of the State Environmemal, Departmentor Age,n<~Yrl', (h) a representative of the Federal Ministry of Environment in the State. 'j ''/J) , (3) The functions of the Committee are to-- (a)corisidera~oadvise the Ministeron iksues affecting returns ofne~ess,ary reports affecting grants of min'ing titles;' " ", ,' . "' , '. 'l ','.- r _'" ,'." ' ri I- <, "L .... ;· consider issues affecfing compensation (h) and, m~kt; .. ne~~S~i'l-rY recommendations to the Minister; (c) discuss, consider and advise the Minister on the matters affecting pollution and degradationofany landon' ~hicha'rlyrrtineral is \)eing extracted; , r- . (d) consider sl!c~other mattersrelafing to.i,ineralr~~04;~ces develQl1ment withtri the state as {pe'Mini~ter m~x,fron, time 'to time, rer,~~t()~he'Committfe ';, ,(e),advise the,Departmentl1,establ~~hq1i;\n,aq~r9,ance\yitht~~,provisi~IJS of this Act for the supervision of mineral Exploitation and the implemen~aJ;ip!'l of social and environmental protection measures; (j) ad~iselhe Loca:'Governme~tAreas and 60J11mJnitieson the implementation of programsfor environmental protection and slIstainable management of Mineral resources; (g) advise and other necessary l1Ssistanqe required byholders.of Miner~1 titles in their iJl~raGtion,with ~tate govj;:rnJJle~. 10000Igev,emlliWntcpuncilll,(;ollWlllWti~ civil institutions,llnq pt\ler. $tal<~ldl?r,s; : (h) advise the. Mi nister. rn:resolvingcontliots between. stakeditolders'; •and (i) advisethe Minister in respect of matters connected with the.implementation of this' Act. " . ., ' " , ! ' , I (4) The C-ommittee 'ShaH..-' I, i, . . _ 1~J: . : , ,f "i r~ "I ,~: ( («) meet at least once every three months and at such times as the Ministermay deem necessary; and (h) 'r'egulateits own procedure; .1,: . (5) The Chairman shall appojnt,a C()lllpl;lten~ officer froJI:lthe MiPt;s Inspectorate Unit in the state tp,beth~s~crl!~wof:.theGpmmf~te~, The secr~fal)' shallhaveno right to vote at any meeting of the Committee. , ! i,' (6) The Committee shall forward its report to the Minister after each meeting. I' ; r-: -J ,1\;" ;;.:;!, ,':;,' J.( (7) Where the-committee.desires (d .obtainthe-adyice of ra;hQatqmnm~or .any~ther pers?n,o~ ~p~rt~cular matt~f~thec~m?1ittee I~ay ,CO-Op!~rep:re~enlf1tive of the relevanth~stcommuntty orany person as 'a-member or 8uehperlod as It thinks fit, but such apersoh,shal! n~t1bee~lt'iH~~.~~vot~,inat\YJl\~etirl~~fih~ corfimlttee and his attendanceshatlnotcounttowards'll'ct~oruin.l ,.(, "., I, ,.1, !I>  A 492 2007 Nu. 20 Nigerian Minerals and Mining Act (8) The chairman and three other members shall form a quorum 'at ameeting of the Committee, (9) Every meeting of the Committee shall be presided overby the Chairman or, in his absence, by the Mines Officer for the State, (10) If on any question to be determined there isan equalityor' votes; the Chairman shail have a casting vote; arid . (II) The Committee sh'~11have the power to determine its own procedure. Delegation

20 — ( I) The Minister may, by notification in the Gazette, delegate to any

20.-( I) The Minister may, by notification in the Gazette, delegate to any or powers by the Minister. department or officer of the Ministry the exercise or performance, ~':'Qjectto, such conditions and restrictions as may be prescribed in the notification, of any function conferred on the Minister under this Act provided that it shallnotapply to any function of the Minister to make Regulations. . (2) A~ officer authorized in,writiQ.g'by the officer in ch~rge; of'lh.el\.1ines Inspectorate Department may enter any mineral title Area where Mining Operations are being carried out under this Act, or which is within the general area of the mineral "," i ~, • ~ . ' , ',,' " ,. ~ -, ,- " " • f ._ title for the purposes of inspecting such operations and he shall 'be provided i the oy -,; ~, mineral titleholder 'with 'any information reasonably requested' for' the purpose of making IIreport. . ' (3),The failure of the mineral title holder to provide access to an9ffi<.:er for the purposes'orinspection under subsection (2) shall constitute an offence., . Regulation. 21; The 'Minister shall subject to the provisions of this Act make Regulations Regulation: in respect of any matter required to beprescribed by Regitllitlo~ under this Act and generally for giving full effect to the provisions of this Act,''hlcluding prescribing; amending or withdrawing any form that may be requited-under this Act. Use or land 22.-(1) The use ofland for mining operations shall have a pricrityover other lor Mi ling a uses of land and be considered for the purposes of access, use and occupation of priorty. land for mining operations as constituting an overriding publiointerest.within the Cap. L5, LFN 2004. meanin~ of the Land Use Act. (2) In the event that a mining lease, a small scale mining leaseor a quarry Jease is granted over land subject to an existing and valid statutory orcustomary right of occupancy, the Governor of the state within which such rights are granted shall within sixty days of such grant or declaration revoke such right of occupancy in accordance with the provisions of section 28 of'tlieLand Use Act. ",. PARTIII-MINING INCENTIVES I,. ',J, .,.' , .0 ., ,_. , ,". ',j . Persons 23. The persons eligible for the fiscal regime set out in this Part ofthis Act shall Eligible. includec'Ol'npanies or enterprises engaged-in mining operations. Capital Allow. nees. , 12f. p~ .:{i )Any licence hoidei~ligibie u~4~r thewovisions of'th.is ofthis ARt shallbe en~jtI.~q.in geterp1inipgitst~ta1'p'r9fi(s;tO, d,t?ductJtom it~ llSs.~~~~le.i)rofits a capital all?wan~e ofni~ety-five pe~c~?,t<?[pualifYing;t;lpital F:xpe~~r.tql~(;~n~f~IT~d in the year In which the Investment ISincurred-> .  Nigerian Minerals. and .Mining Act 2007 No. 20 A493 i\ l ' 'it; ': (a) all certified' exploration, development and processing.expenditure, 'including feasibility study and sample assaying costs ~:and . ,J . (h) all infrastructure costs incurred regardless of ownership and replacement. ' (2) The amount of any loss incurred by any person eligible under the' provisions of this part of this Act shall be deducted as tar as it is possible from the assessable profits or the first year of assessment after that in which the loss was incurred and in so far as it cannot be so made.jhen fronl such amounts ofsuch assessable profits of the next year of assessment; ahd so onup to a limit of fouryearsafterwhich period any unrelievedless shall become lapse.

25 — (1} All operators in the miningindustry shall be granted the following Exemption

25.-(1} All operators in the miningindustry shall be granted the following Exemption benefits from customs duty and «( ) exemption from payment of customs and import duties in respect of plant, other machinery, equipment and accessories imported specificallyaad exclusively for benefits. mining operations; (b) .expatriate quota and resident permit in respect of the. approved expatriate personnel ; and (c) personal remittance quota for expatriate personnel, free from any tax imposed by any enactment for the transfer of external currency outof Nigeria, (2) For 'the purposc of subsection (1) of this section the Mines Inspectorate Department shall approve the appropriate machinery, equipment and accessories to be imported by the holder of a Mineral title for the purpose ofthis section. (3) The plant, machinery, equipment and accessories 'imported 'pursuant to subsection (I) of this section may be disposed of by the holder of Mineral title upon the full payment of customs and import duties in respect thereof (4) The Mines Inspectorate Department shall ensure compliance with this section of this Act. ' " ,

26 — Where.the holder ofa mineral title earns foreign exchange ,from thesale of Permission to

26. Where.the holder ofa mineral title earns foreign exchange ,from thesale of Permission to his minerals he may be permitted by the Central Bank ofNigeria toretain in" foreign retain and lise earned exchange domiciliary account a portion of his foreign exchange earnings for use in foreign acquiring spare parts and otherinputs required for the mining operations which exchange. would otherwise notbe readily available-without the use of such earning.

27 — Subject to the provisions of this Act, a holder of a mineral title'shali be Free

27. Subject to the provisions of this Act, a holder of a mineral title'shali be Free transferability guaranteed free transferability through the Central Bank in convertible currency of- of funds. (a) payments in respect of I~~hservicing where a certifiedforeignloan has been obtained by the holder for his mining operations ; and' . (b) ti re remittance offoreign·capital,intMeventofsaie or liquidation of too mining operations or any interest therein attributable to foreign investment. 28.-41) The tax relief period of a company grantedmineral title under this Act Tax relief shall commence on the date of operation and subject-to the provisions of this Actor period. any othet relevant financialenactment, the relief shall' continue for three years . . ,(  A 494 2007 No. 20 Nigerian Minerals and Mining Act (2) The tax rei ief period of a company granted a Mineral title under this Act may, by the end of the three years, be extended by the Minister for one further period of two years. (3) The Minister shall not extend the tax relief period of a Company in exercise of the power conferred under subsection (2) of this section unless the Minister is satisfied as to->- (a) the rate of expansion, standard of efficiency and level of development of the' company in mineral operations for which the Mineral title was granted; (h) the implementation of any conditions upon, which lease was granted; and (c) the training and development of Nigerian personnel in the operation of the mineral concerned. Application 29.-( I) The provisions of the Foreign Exchange (Monitoring and or Cap. 1'34 Miscellaneous Provisions) Act shall apply to any investment in foreign currency LFN 2004 ami the made in respect of any mineral title granted pursuant to this Act. NIPCAcl. (2) The provisions ofthe Nigerian Investment Promotion Commission Act shall apply to any foreign investment made in respect of any mineral title granted pursuant to this Act. Deductibility

30 — A tax deductible reserve for environmental protection, mine rehabilitation,

30. A tax deductible reserve for environmental protection, mine rehabilitation, or Environ- mental Costs. reclamation and mine closure costs shall be established by companies engaged in the exploitation of mineral resources; provided however, that the appropriateness of the reserve is certified by an independent qualified person taking into account the determination made under the provisions of this Act-s- (a) the reserve is recorded in the audited financial statements of the companies; (h) tax deductibility will be restricted to actual amount incurred for the purpose of the reclamation; and (c) a sum equivalent to the reserve amount is set aside every year and invested in dedicated account or trust fund managed by independent trustees appointed pursuant to the provisions of the Aet. Pcn s io n 3 t. A tax deductible amount established in accordance with the applicable rate Reform Act set out in the Pensions Reform Act shall be imposed on mining companies or No.2, 2004. enterprises, towards the payment of pensions to eaeh employee. Annual

32 — An annual capital cost indexation, whereby the unclaimed balance of capital

32. An annual capital cost indexation, whereby the unclaimed balance of capital Capita: Cost Indexation. costs is increased yearly by five percent, shall apply to mines starting production within five years from the date of enactment of this Act. Royalty. 33.-( I ) Any mineral obtained in the course of exploration or mining operations shall be liable to pay royalty as prescribed in the regulations made under this Act. (2) The Minister may reduce or waive royalty on any mineral which the Minister is satisfied is being exported solely for the purpose of analysis or experiment or as a scientific specimen, not being in greater quantity than is reasonably necessary for that purpose.  Nigerian Minerals and Mining Act 2007 No. 20 A 495 (3) The Minister may defer payment of royalty on any minerals for a specific period, on the approval of the Federal Executive Council.

34

34.-( I) There is hereby established a fund to be known as the Solid Minerals Establish- Develo iment Fund (in thi~ Chapter of this Act refetred to as"the Fund"). ment of the Solid (2) The Fund shall be utilized for the following- I ;: Minerals Development (a) development. of both humanand physical capacity in the sector; Fund. (h) funding for geo scientific data gathering, storage and retrieval to meet the needs of private sector led mining industry; (e) equipping the mining institutions to enable them perform their statutory functions; . - (d) funding for the extension services to small scale and artisanal Mining Operators pursuant to Section 91 of this Act; and ,-, (e) provision of infrastructure in mines land.

35

35.-( I) The Fund shall be managed by a b9rd);'to be known as the Solid Management Minera's Development Board (in this chapter of the Act referred to as "the Board") Board of the Fund. which shall be a body corporate W'ltHperpetual succession arid a common seal and may sue and be sued in its corporate name. ,,' (2) The Board shall comprise- (a) a chairman to be appointed by the President on recommendation of the Minister of Solid Minerals Development ; . t. " - (h) one person to represent the Central Book of'Nigena; n, (e) one person to represent the Banker's Committee.; (d) three persons to' be appointed by tpe MiniSW.to represent privatemining operators and Mineral Processors; and . (e) th~ Seorptary y>. theBoard, > (~) The quorum for meetingof the Boat<H;hall'bethred, of whom' at' le!tst bile shall be.arnemben representing the Central, Bank. .. (4) The Board shall meet not less than four times in each year and on such other occasion as the Board may consider necessary. ' :,- ":-,\kl (5:) Atany meetingof the Board, theChairman shallpreside, butifhe is absent, the members present at the meeting shall.appoint eoeofrheir member to preside at the meeting, ,I (6,) Subject-to S~tion 27:ofthe.interpre.tati,:mAct (which p{ovidesfol:cl¢isi(>n Cap. 12g; of a statutory body to be taken by a majority of ita.members-and. forille person LFN 2004' presiding to have a casting vote), the Board may make, qrders,regula!iryg its procf,edings and those of any of its Committees. i -" - '. . (. '. , -,.~ '.s . > r . ; ".~, ; -. ~-: : ; . (7) Where the Board desires to obtain the advice qfany person on aparticular matter, :he Board may co-opt him as a member for such period as it thinks fit, but a person who is a member by virtueof this subsection shall not'be entitled to vote in any meeting of the Board and shall'rtotcou~ towards ll'9,tloroin; _ ", ; - .i l. ~ ,; ,'f , ' ',"; , " - ; l..' i • ,,' .' !, .',~ ,~• ,  ;\ 496 t007· No.'20 Nigerian Minerals and Mi,!ing Act (8) The Secretariat of the Board shall be located in such place as th~ Minister may determine.· . . (9) The administrative expenses of the Board shallbe borne by the Federal Government. ' ' . Functions 36. Notwithstanding any other provision of this Act, the Board shall- and Powers 01· the Board. (a) monitor the operation and evaluate the progress of the Fund; ; .. . ._ -, I (h) advise the Minister as to changes required to improve the operation of the Flmd; . (c)receive and consider the report of the management agent appointed under the provision of this Act and advise the Minister on it; . .. (if) determine the remuneration of external auditors and solicitors ; (e) publish names of defaulters of loans granted under this Act in the national newspaper; (j) pursue defaulters through judicial actio~ ; (g) solicit the assistance of Government loan machinery in the recovery .of loans granted under this Act; and (h) perform such other functions relating to the Fund as may be assigned to it by the Minister. Custodian of 37. The Central Bank shall be deemed to have been appointed as the Custodian the Fund. of the Fund for the purpose this section. Financial 38. The Fund shall consist of- provisions. (a) any sums appropriated for Solid Minerals Development under the Revenue Act or any other Federal Law; (h) any sums appropriated for Solid Minerals Development underthe Small and Medium Industries Equity Investment Scheme (SMIEIS); (c) any funds received as grants, donations, foreign loans, bonds and long term swaps; (d) any sums appropriated to it by the Federal Government Budgetary allocation. Annual 39. The Ministry of Solid Minerals Development shall each year present-to the Budget. National Assembly a Budget proposal for-the administering of the Fund. In vestment 40. Money in the Fund which may at any time be surplus to the current needs of surplus of the Fund may be invested in government securities and bonds, as may, from time to monies in the Fund. time, be determined by the Board. Aceou us 41.-( I) The Board shail keep proper accounts in respect of monies forming and Audit part of the Fund and proper records in relation to those accounts and shall prepare annually, a statement of account. ' (2) For the purpose of subsection (I) of this section, the financial year of the Fund shall be from 1st January to 31 st December of every year or such otherperiod as may be determined by the Board with the approval ofthe Minister.  Nigerian MiJ}era!t;'awl MilJ,ing Act I'A497 (3) The account of the FU11ds)\allbeallditeda'rihuaWy by an Auditorappointed by the Board from a list ofAnditors pnsvidedibytlle AllditOr General'of'the Federation. 42.--"( I) Iishafl'b'e! the'dllty dt'tlie Sdatd to prepare aha~u'6mit to'the Minister, Annual Report. not later than three months after tile end'6f'the'each'[jriancial'yeat, a ' report-which shallbe in such formaathe minister ma~ldjre(i:L (2) The copy ofthe r~pbit!;ha" be forwarded to the Mi'n,sterdfS~lia'Mlnerals Development for·his information andcomments, ." '(:') The report sliall it1elliM'the·~iudited account of the Furid ihresp~Ct Otthe period III question together with the auditor's tepd~t on the ac:tbunts and slia'llbe presented by the. Mi II ister ~,qthe;Eederal. Executive Councilnot. later than one.month '1 thereof .. ' I;'i J

43 — ( I) Any person that undertakes 01; is involved in recon.naissance or Records and

43.-( I) Any person that undertakes 01; is involved in recon.naissance or Records and exploration olrexploitation ofMj'n~ral Reso'u-rc'esunder a Mineral title'or f~rtiier to.the plan of exploration authorization of'the Minister in accord~rice\viththeptb\risions oftm~Act sl1~\I~ : and (ll) keep correct plans of Exploration or Mining Operations conducted within Exploitation. the Mineral title Area ~ , . ", " t , .. (h)'keepcor!ectrecor.ds of every Mineralfound ~nd ore reserve calculatedon the area of his mineral title lease; ,. , Ol. . " " (c) supply to the Mining Cadastre Office copies of theplans and records at such time and periods and in siiC'hm~mndrs as the Mining Cadastre'Uffice may demand'; '.'" . .' ;, ." .. I (d) provide to theNigerian G6~togi~aISurvey Agency for storage ~nd archiving, a complete set of allgeo scientific dataacquired' itithe course' of such activity inclusive of maps, coring and samples; and . (e) the plans required tofbekept'shall-be ptescnbed. ~f' .. _ ." ~ I ..' 'i ;, If;" .. ." '.1. (2) No core obtained in 'the exercise of rights conferred by a,Mine[al titllPsil~" be destroyed or otherwise disposed of except for the purposes of assay, identification, or analysis 'without the permission in writing of the Mirlister, Which pefrrijssion shall be granted within 30 days of the receiptof'the application. ',.:, . (3) Any person who destroys or disposes of core or samples in contravention of subs. ction (2) of this section shall be guilty of an offence. .. (4) The data required to be provided under subsection (\) of this section, sha,~1 be provided to the Nigerian Geological Survey Agency insuch a manner as is sufficient for the identification of the core or sample and thelocaiion and-geological h()riz~\1 of its origin. (5) The data required to be sub~'iitedu:nder, subsection {l ) of this, section, shan be kept confidential and shall not be disclosed to the general public lJ1ltilthe earlier of- . ,  A 498 2007 No. 20 Nigerian Minerals and Mining Act (a) a period of 5 years after its submission; or (b) a part of the mineral title Area is relinquished by themineral title holder; or (c) when the holder of the mineral title ceases to hold the title either as a result of revocation of the title or relinquishment thereof. (6) When disclosure of the data is required by the general public, it shall be made available in accordance with the format stated in the Regulations. (7) Any person that undertakes or is involved in the search for or exploitation of Mineral Resources in contravention of the provisions of subsection (I) of this section shall be guilty of an offence. Discovery or 44.-( I) The holder ofa mineral title shall, ifhe discovers during the course of Radioactive mining, any radioactive mineral or any mineral that may reasonably be expected to be M incrals. radioactive, immediately notify the Mines Inspectorate Department of the discovery in writing. (2) The provisions ofthe Nuclear Safety and Radioactive Act shall apply to any radioactive mineral discovered pursuant to Mineral Exploitation under this Act. (3) The Mines Inspectorate Department may, in consultation with other relevant authorities and with the approval of the Minister, authorise the removal of the radioactive minerals from the land where they have been obtained to any other place approved by the Minister for safe custody and in accordance with subsection (2) of this section. . Disclosure or 45.-( I) Any officer or former officer responsible for the administration.of this confidential Act who has anyconfidential information, which if generally known might reasonably in format ion. be expected to materially affect, a Mineral Exploitation activity which- (a) such officer acquired by .virtue of his. official capacity or former official capacity; and (h) it would be reasonable to expect a person in his official capacity or former official capacity not to disclose except for the proper performance of the functions attached to that official capacity, shall not make improper use of such information to gain, directly or indirectly, an advantage for himself or for any other person. (2) An officer appointed under this Act shall within thirty days of his appointment disclose any mineral title he may have or interest therein at the time of his appointment. No officer shall directly or indirectly acquire any Mineral title under this Act during the term of his appointment. (3) Any officer who fails to comply with the provisions of sub-section (I) 01'(2) of this section commits an offence. Grant or 46.-( I) Subject to the provisions of this Act, the. right to search for or Mincral exploit Mineral Resources is obtained through one ofthe following minerai titles titles. in the form of-  Nigerian Minerals and Mining Act 2007 No. 20 A 499 (a) a Reconnaissance Permit; (h):an Exploration Licence; (c ) a Small Scale Mining Lease; (d) a Mining Lease; (e) a Quarry Lease; and (/) a Water Use Permit. (2) Subject to the exceptions provided in this Act, any person that undertakes or is involved in the search for or exploitation of Mineral Resources without the requisite mineral title or authority shall be guilty of an offence. (3) Any mineral title issued under this Act shall be subject to such conditions as may be prescribed in the licence or lease or by Regulation made under this Act. (4) The form of all Mineral titles shall be prescribed.

47 — A qualified applicant for a Reconnaissance Permit is- Qualification

47. A qualified applicant for a Reconnaissance Permit is- Qualification for (c) a citizen of Nigeria with legal capacity and who has not been convicted ofa Reconnaissance criminal offence; or Permit. (h) a body corporate duly incorporated under the Companies and Allied Matters Act; or (e) a Mining Co-operative.

48 — A qualified applicant for an Exploration Licence is- Quali fication

48. A qualified applicant for an Exploration Licence is- Quali fication for (a) a body corporate duly incorporated under the Companies and Allied Matters Exploration Act; or Licence. (h) a Mining Co-operative; or (c) the holder of a ReconnaissancePermit granted in respect ofthe area subject to the application, provided that the applicant has fulfilled all the conditions attached to the Reconnaissance Permit. Qualification

49 — A qualified applicant for a Small Scale Mining Lease is

49. A qualified applicant for a Small Scale Mining Lease is- for Small (a) a citizen of Nigeria with legal capacity and who has not been convicted ofa Scale Mining Lease. criminal offence; or (h) a Mining Co-operative; or (c) a body corporate duly incorporated under the Companies and Allied Matters Act; or (d) the holder of an Exploration Licence granted in respect of the area subject to the application, provided that the applicant has fulfilled all the conditions attached to the Exploration Licence. 50'. A qualified applicant for a Mining Lease is a body corporate duly Qualification incorporated under the Companies and Allied Matters Actor other legalentity that- for Mining Lease. (a) has demonstrated under conditions stated in the regulationsthat a commercial quantity of Mineral Resources exists in the area in respectofwhich the application is made; and  .\ SOO Nigerian Minerals and Mining Act (h) has fulfilled all the conditions attached to the Exploration Licence in respect of the area subject to the application. ()lI" lilic nt iuu 51. A qualified applicant for a Quarry Lease is-> rur ()U;lrl"y l,\..'thl' («) any individual citizen of Nigeria with legal capacity and who has not been convicted ora criminal offence; or (h) a Mining Co-operative; or (c) a body. corporate duly registered under the Companies and Allied Matters Act; or (ell any person extracting construction materials for the construction of roads, railway lines, dams and other engineering works or structuresof public interest. ()Ll~lliric~ttinn 52. A qualified applicant for a Water Use Permit is->- I()J" W,lter I "" Perm it. (u) the Holder of the Exploration License, Mining Lease or Quarry Lease at the time that the water right granted will be used; or (h) an applicant for a Mining Lease, Small Scale Mining Lease or Quarry Lease lor which the water right will be required to be used. Prohibition 53. The Mining Cadastre Office shall not grant a mineral title under this Act to or c c rt ai n an applicant if it is shown that within a period of five years before the date of the Persons application a shareholder holding a controlling share of the applicant has been tro m OhLlillillt! convicted of an offence under this Act. Mincrai i"itk,"

54 — ( I) The Mining Cadastre Office shall require an applicant for mineral title

54.-( I) The Mining Cadastre Office shall require an applicant for mineral title \Vork i 1,1; "1111t" 1. to provide-s- (a) proof of sufficient working capital for the Exploration or mining of the area applied for and of technical competence to carryon the proposed Exploration or mining operation as prescribed in the Regulations under this Act; and (h) any other information as the Mining Cadastre Office shall require or prescribe. (2) Where an applicant fails to satisfy the Mining Cadastre Office as provided in subsection (1) ofthis section, the Mining Cadastre Office shall, upon consultation with the Minister refuse the application. The applicant may submit a new application to the Mining Cadastre Office.

55 — Subject to the provisions of this Act, the Mining cadastre Office shall,

55. Subject to the provisions of this Act, the Mining cadastre Office shall, Grunt 01" within 30 days of the receipt of the application of any qualified applicant and upon Rccouu a i- payment of the prescribed fees, grant and issue to that person a Reconnaissance SS<.ll1l'L Pl'rlll i t. Permit to search for Mineral Resources. Conditions 56.-( 1) A Reconnaissance Permit shall be granted subject to the covenants Ior grant or and conditions that the Holder thereof shall- Reconnai- ssance (a) carry out reconnaissance on a nonexclusive basis; permit. (b) not engage in drilling, excavation or other sub surface techniques; . "  Niget;ian,!yIir~rals\q1l4 Mining Act A501 . ,. ". '._' ... ',1 ',' -,", '-", \? (c) submit information and such periodical reports as may be prescribed by relevant Departments of the Ministry;' , • ' < , '. '. (d) conduct reconnaissance activities in an environmentally andsocially responsible manner as may be, prescribed by relevant' Departments ofthe Ministryiand , ' (e) compensate users ofland for damage to 'l~ndand' property; and pay the prescribed fees. (2) The activities allowed under aReconn~issa~ce R~rmit together with corresp.o/1dim~e\lVironmental and socialobligations shl!!/l be fUI1:~~rsp~~ified in regulations. (3) Reconnaissance activity authorized by a Reconnaissance f.~rmjt shall not constitute a land use right for the purposes, objectives, rents, fees and requirements of the Land Use Act. n. ;, '. ., , (4) A Reconnaissance Permit 'is not transferable. '. i!,

57

57. A Reconnaissance Permit shall be issued for ~period of one year and is Duration of renewable annually prOVided the reqnirernentsofthis Act and its-regulations have Reconnai- been met. " ' ': ,. ' ssance Permit. ':.

58

58.-( I ) A Reconnaissance Permit, confers on the Holder the right t~ Right of Holder of (a) obtain access into, enter on orf1y~)\~er,any land within the territory of reconnai-. Nigeria available for mining purposes to searchfor Mineral Resources oh a non ssance exclusive basis;all'di·, \" I?er~it, (I') obtain and remove surface samples in'small quantfties'. : I r i . .," ,- ; ·;:.,·!!r~: '._ -;. ';, i ,', .,:;~ .,' f J1,':':- . , (2) Subject to the provisions of this ACt, theRecorinaissance Permit shall not, be granted over any land that is or has become subject to an exploration licence, small , . (I" , :.::i • , . ':. ';,:';-~, ." i fI' r, j " ! I' , ,,", I' . :.: j', '. " , • 'scale mimng lease, mmtng lease or water usepetrrilt. j , '. , , , J,--, '-',. 'd.... ,; i' C--.!· < - I . • ".: ~ \,' " .59•.,-..{I) Subj¢ctto th~ provisio,ps·of tl},i$J}.yt,Jn~Mi!}ing (;~4M~r,e. O!!ic~shall, Grant of upon receipt Qfavalid ;~pphcation from aquillifJ.e,d appli~ap!'Jgrant and.issue Itp that Exploration Licence. person, an exploratsonlioeace within thirty days cf the A~ingpf such application ; . '(2)Ari expI61'afl()rilicei1ce shall not IJe gritnted over any land-that is subject to an existing exptoratiorilicence, 'minirig-Iease; 'smlilt scale mining tease'brquatt)flease. ':<3.)IA~ expi~r.~ti~n ,lic~I)~~~hall ri~!b~rflrani~~ i~~~'~pec~~?fa~,afea '~~ceeding 2QO,squarellilometres, . " ,- ,"J-,- ','" .. " ' 0 'rl' . \- . ',!l : i:.: • ; ". ,~.-t ." :, '.: . ',." .; ,iL ,',)- .'_; 60.:-( I) The holder of an exploration licence shall havefhe exclusive right to Rights of conduct explofa'fi'()~ upbn the land wlthinthe:atea of his H~enee 'and fdNhat'purpose Exploration may- ) .,),~. '.)jr .:~l! ; '-1,-' , i Licence Holder. " ,(~) ~nt~r pponlt,~eJan9~ith his ,~~~~t~~4nd'wof~T~I1/; ':', '1, .' (b) employ on the land any numberof P,~r~RI)~,fqrtllt.,purp~,se of such exploration; ,  A 502 .2007 No. 20 Nigerian Minerals and. Mining Act (c) erect and maintain thereon any machinery and plant and subject to the provisions of this Act, construct such ways as may be necessary for or in 'connection with his Exploration operations; (d) explore on an exclusive basis for all Mineral Resources and to carry out the operations and work necessary for the achievement of this objective ;" (e) take, remove and export specimens and samples not exceeding such limit as prescribed in the Regulations to be reasonably required for purposes of analysis ; (f) conduct bulk sampling and trial processing of Mineral Resources not exceeding such limit as is reasonably requiredfor determining'mining-potential ; (g) sell specimens and samples obtained from exploration activities or from bulk sampling-and trial processing; and (h) while engaged in exploration, take timber other than protected trees and use water from any lake, or Watercourse not the subject of a Water Use Permit for domestic purposes, in accordance with Regulations; and sink .ordrill shafts or wells and dig holes and trenches. (2) Who has fulfilled all the conditions attached and subject to,the provisions of this Act, shall be entitled to the grant of a mining lease for any mineral for which he was authorized to explore (the authority not having been determined by a notice) under the provisions of this Act in respect of any portion of the area included in the licence. Obligations 61.-(1) Every holder ofari exploration licence shall- or an Exploration (a) conduct exploration activities in a safe, friendly, skilful, .efficient, and Licence workmanlike manner in accordance with the regulations; Holder. (b) conduct exploration activities in an environmentally and socially responsible manner; (c) if intending to explore on land occupied subject to a right of occupancy, give notice to the Chairman of the affected Local Government Area concerned and to the holder of the right of occupancy or the user or occupier ofthe land before-commencing exploration activities on the land; and where the Mineral title area is within more than one Local Government Area, the Mineral title holder shall give notice to the respective chairmen of the Local Government Areas concerned and the holders of rights of occupancy or the users and occupiers of land affected accordingly; (d) maintain and restore, the land that is the subject ofthe licence to a safe state from any disturbance resulting from exploration activities, including, butnot limited to filling up any shafts, wells, holes or trenches made by thetitleholder, and in compliance with applicable environmental laws and regulations; (e) not abstract, divert or discharge water or effluent from any Watercourse except in compliance with a water use permit and regulations; (j) not explore in any forest reserve except with the approval of the Minister and in consultation with other relevant authorities and subject to suchconditions as may be specified in the Regulations;  (g) compensate users or occupiers of land for damage to land and property resulting from activities in theexploration are~; (/I) allow geological surveys andlnappingbY'govertimentagericies and scientific surveys by educational institutions as ptcb'VlI:ieeJifodnthis Act; if such activities will not interfere with exploration operations ; '.' (i) submit information and such peeiodioalreportses.maybe Pr~!!Gpjbe<:l in the Regulations ; and I'"~ ,,!, (j) pay all applicable fees, arinual'rental and water u!illgechargest· . ' '«~ (~:_~l·!.-, ii,'; ;::Y'{I/;",: i,,,:, 'iA2) rhe Mining Cadastre OfiAcema>"ppo~tne ~l?plis~~ionoftneMol~er~nd, for good cause shown, suspend the obligation to work in respect ofth,~ Licence and may direct that any or part of the period of suspension shall not be re~kotled in the currency df'the Iicence, if during that time 'no w6rk is done by the holder 'On' the lands included irithe area covered by the licetlce. ! I' (3) Thevactivitieaallowed under an 'exploration. licence .together with corresponding envrrontllental, social-and other ob.ligationsishiltl be funhenpresortbed. (4) The holder of an ~xploration licenc~ has the excf~s{ve right t6' kpply'~o~ a:';;ci to be granted subject to this Act.ione or mere Small Scale Mining Leases, Mining Leases or Quarry Leases.in respect of<\n~ipartl?r I?,artp.0ft,h,ee~Tl[oration ars:a, if the Exploration Title Holderhascompliedwith the oR'i!sati9n~,oJ)hy,Efpl?ra.~io~,ticen<,:~ underthis.Acn, i' : :.,," .n " ' , ,62 The duration-of an exploration licesce is for .tll[e~ Yfi<llrs; e , and it-may be Duration of renewed for two further periods of two years each prov;ig~, . an Exploration (a) the titleholder 'has complied wit-fFhi's-minimtim,'w0rkobligatil()n Licence, commitments ; and ,;'Ii ,l' (b) all other requirements of this Act and .its r~gulation& have been met,

63 — The holder Of an-explotation-kicenee who sells any MlirieralR'esources as Payment of

63. The holder Of an-explotation-kicenee who sells any MlirieralR'esources as Payment of provide j for in this Act shall be subject to the payment of royaltyas.ifrthe Mineral Roya Ity for Sale of Resources sold were obtained under a mining lease ... Mineral Resources .\ under .. .r.. ;' Explorat iori '.,.. ',i; Licence. 64:-( I) An app licant for an e~$loratloh li6enc6, miningiea'se, sn1~H'scale' mining Discovery or lease and quarry leaseshaHindi~at~Jlh~)mineri\ls"whicbhy,inwnQ~ to.,~xplo,[\;or mine additional M inerjlls., t, within his Lease on his application. L 'if (2) Where in the coM~eot'thb exe'rd~eoftlj~!right~tNtdeithi\; A'cttl1e'hOlder of a m'il1'irrglease,small sdll~'mlriirt'g lease'at1(l\'q~IltY'~e,dlscovePS1Uly,mineral not specified in his lease, he shall, within thirty days of the discovery, notify the.mining cadastre officein writi\lg,of!the,lli~overy. : :i',f.;" iJ fj)%endrice giveritD'theMiriingCIIHasttt«>ffielt'undcn'lstfiR£tion (i) ofthis section shaHi1l:'i<, ;, Iif'i rj;·'f,' y"""."; c, in Cit! 'Ill"  A 504 2007 No. 20 Nigerian Minerals, and Hilijng Act (a) contain particulars of the Minerals discovered ; (b) the location and circumstance of the discovery ; and (c) have appended thereto a proposed program for the orderly 'and timely exploitation of the minerals discovered therewith. ' (4) Where the Mining Cadastre Office is satisfied with the programme proposed by the mineral title holder under subsection (2) (c) of this section, it shall approve the application within thirty days of the submission.of'the application and shall accordingly endorse the Mineral title with the right or authority to the holder to mine the Mineral discovered; provided, however.rthat'where the Minerals subsequently discovered aresecurity Minerals -' ' , ' " (a), the provisions of subsection (3) (c) of this Section shall not apply; and (b) the Mineral title holder shall not have a right to mine such mineral, (5) It shall be an offence for a Mineral title Holder or any of his agents or employees to oonduct Mining Operations with respect to any Mineral not included.in the Mineral title without complying with the provisions of this section. PART V-MINING Grant or 65.-( I) Subject to the provisions of this Act, the Minister shall, upon receipt Mining of a valid application from a qualified applicant, grant and issue to that person a Lease, Mining Lease for the purposes required within forty-five days of such application. (2) No Mining Lease shall be granted in respect of any area within ail Exploration Licence Area or a Small Scale MiningArea except to the Holder of the Bxploration Licence or.Small Scale Mining Lease covering such area. Duration or 66. The duration of a Mining Lease is twenty-five years, and shall be renewable Mining every twenty-four years provided that- Lease. (a) the Holder thereof has complied with his minimum work obligation . commitments; and (b) all other requirements of this Actand its regulations have been met. Area for 67. The area ofland in respect of which any Mining Lease is granted shall be Mining determined in relation to the ore body as defined in the feasibility study submitted in Lease. respect of the Mining Lease together with an area reasonably required for the workings of the Mineral Resources, provided such area shall not exceed fifty square kilometres. Rights of 68. A mining lease confers on the holder the right within the MiniRg Lease Mining Area to-- . Lease Holder. (a) obtain access and to enter the Mining Lease Area; (b) exclusively use, occupy and carry out Mineral Exploitationwithinthe Mining Lease Area ; (c) exclusively carry out exploration within theMining Lease Area; . l- (d) utilize the water and wood and other construction materials as necessary for mineral exploitation in accordance with the Permit and Regulations;  Nigerian" Minerals and. Mining Act , ", , "l .. ' " " (e) use such, portions as may.be .required cforthe purposes Q[ growing such plants and vegetables, or keeping such animals. .poultry and fish as. may be reasonable for use of the employees-at.theMine ; (j) store,' remove, transport, submit to treatment, transform and process the Mineral Resources, and-dispose of any waste; and, (g) market, sell, export or otherwise dispose of'themineral productsresulting from the Mining Operations .. a

69 — The holder of mining lease shall not, unless authorized under arty other Prohibition

69. The holder of mining lease shall not, unless authorized under arty other Prohibition Federal law, remove beyond theboandaries of the Mining Lease area for commercial of Sale of plants, gain any of thetimber or other forest produce, 'plants; vegetables"animals, poblfl:y, animals, fish, or water obtained from or raisedon the Mining; ~~C).~e~I'ea. water obtained in the Minins Lease area without authoriza- . ) tion .

70 — '-( I ) Every holder of a mining lease shall- Obligations

70.-'-( I ) Every holder of a mining lease shall- Obligations of Mining (a) commence mine de,velopment within eighteen months for a Mining Lease Lease for Mineral Resources and, twelve months for aMining Lease for Mineral Water, Holder. effective from the date that the requirements of this Act have been'met,' unless circumstances justify an extension of the period; (b) commence production no later thanihihy~ix months for a Mining Lease for Mineral Resources and twelve months for a Mining Lease for Mineral Water, effective from the date that the requirements of this Act have been met, ooiess circumstances justify an extension of the period; (I ) carry out Mining Operations in ~ skilful and efficient manner'; (d) maintain theMini~g Lease area and Mining Ope~!l;lionsi~a; ~afe manner in compliance with , . applicable mine health ,. and safety .- regulations; - r-: ~ ,' (e) not.divert water from any water course in l' manner contrary to m.~ provisions of this Act; , .' . " (j) comply with social obligations prescribed inthe regulations; (g), comply with all requirements for.Envirenmental Impact Assessment Studies and protection plans, required' under this Act it " (h) allowaccess to any adjoining land through the Mining, Lease area. insofar as such access shall not interferewith MiningOperations;:' (i) allow the construction and use on Mining Lease area of such waterways, , canals, pipelines, sewers, drains, wires, transmission lines, public roads, and public utili: ies as shall not interfere with Mining Operations; (j) compensate. owners or lawful occupiers of land for the Jr~vocatiQl1of their rights. to use the land under this Act; . ' " '(Ie) subOlit information,~nd'suchi~iodW~I.repo~ as ~Y:bel?rel>cr:ib~in$e Regulations ; d . -  A 506 2007 'No. _20 Nigerian Minerals, and Minfng Ad (I) cause to be maintained in Nigeria, plans and true and sufficient books of ~ccount of the Mining Operations and other businesses undertaken in the Mining Lease area, and of the sale or other disposal of the Mineral Resourcesobtained ; and to produce such books upon request from duly authorized officers ; and (m) pay fees, annual rental, royalty and water usage charges, if any and as prescribed in the regulations. (2) The activities allowed under a Mining Lease together with corresponding environmental and social obligations shall be further specified in regulations. ;" . ' .' "" Prc- 71.-( I j.The holder of a mining lease shall not commence any-development Conditions work or extraction of Mineral Resources 'on the Mining Lease Area unti I after-> for commence- (a) the submissionand approval by the Mines Environmental Compliance mcut of Department of al1 Environmental Impact Assessment Studies and mitigation plans development. required under applicable environmental laws and regulations; (b) the submission and approval by the Mines Inspectorate Department of the details of the work which the applicant is prepared to undertake or a programme for carrying out any minimum work obligations imposed by the Mines Inspectorate Department; (c) the conclusion of a Community Development Agreement approved by the Mines Environmental Compliance Department; arid , '., . ,: (d) the Holder has duly notified, compensated, or offered compensation to all users of land within the Mining Lease Areas as, provided for under this Act or in the event of a dispute, after the matter has been resolved by Arbitration; (2)., The holder of a. mining lease, except a mining lease .for mineral water exploitation, is required to have 'resolved the matters specified in subsection (I) (a) and (b) of this section within three years from the. issueof the Mining Lease, failing which the MiningLease may be temporarily suspended without affecting the rental payments that shall continue and without prejudice to the transfer right of 'the title Holder under the provisions ofthis Act; , (3) The Holder ofa Mining Lease for Mineral Water Exploitation is required to have complied with the conditions specified in subsection (1) (a) and' (b) of this section within two years from the issue of the Mining Lease for MineralWater, failing which the Mining Lease may be suspended. Rights to 72. Subject to this Act and any other enactment, the lawfuloccupier of any graze land within an area subject to Mining-Lease shall retain the right tograzelivestock Ii vcstoc k by upon or to cultivate the surfaceof the land in so far as the grazing or cultivation does occupier of land or not interfere with the Mining Operations in the Mining Lease Area .: Holder or ccrti ficatc of . .0;' o c c upanc y. Tcchmcal 73.-( I ) A mining lease shall not he granted by the Minister to any company supervision unless the company has employed a person who possesses adequate' 'Pfofussional of mining under a 'qualificiltionandexperience in mining and theMinister rs satisfiedthatshe company mining lease, shall, during the currency ofthe lease, have such qualified person in its employment.  NlgqHJn Minerals and M;f1,ing!1ct (2) Where a mining lease hasbeen-gracted.jfre lease shall.remaiain force during such time only as the lessee employs a person who 'possesses adequate mining experience and qualification in mining, to supervise personally the Riming operations being undertaken by the company during the period ofthe leasec-« (3) Where a person with adequate mining qualification, and experience in mining is notavail~ple to supervise the mining operations beingundertaken under a lease, the company shall cease operations until suitably qualified person is available.

74 — ( I) The lessee of i;l mining lease ~hq ,has paid ~l rents, royalties and Rights of

74.-( I) The lessee of i;l mining lease ~hq ,has paid ~l rents, royalties and Rights of other payments due to be.made by it under. thisf1.ctorunder the terms of its leasemay, lessee to remove within t.iree months, iu the case of alluvial.lease, and six months, in .the caseoflode fixtures. lease, after the expiration or other determination of his lease, remove all or any of the plants, buildingorother property of the lessee: " (4) Where o~ the expiration qr determination oft.he lease, a lessee is in default in the payment of any rent, royalty or otherpayments, and In the case of a Iesseewho has not removed its property within- (a) three months in the case of an .alluvial lease; or (b) six months in the case of a lode lease ;or (c) such further period, if any, as, the Mines Inspectorate may allow the plant, building and pr~perty of the iessee on the land, the subject ofIhe lease, shall become the property of the Federal Govemment'and may be Malt with and disposed of in lieu of the tent, royalty or other payments.as the case'rrtay be. ..» ; PART'VI-Qui\RRYING

75 — This partappliesin relationsto all naturally.occesrmg.quarriable minerals, Application,

75. This partappliesin relationsto all naturally.occesrmg.quarriable minerals, Application, such as asbestos" china clay;. fuller's earth;gypsuJt1, marble, limestone, mica, pipe clay, slate, sand, stone, late rite, gravel, etc. which may also be lawfully ext~acted LInder Mining Leases.

76 — ( I) Not withstanding the provisions ofanyother enaetment-consent or Prohibition

76.-( I) Not withstanding the provisions ofanyother enaetment-consent or Prohibition approval provided for under anenactmentand in particular, sections 9 (I), 29 (I), 10, of unauthorised II, 12 and 13 of the National Inland Waterway Authority Act, every operation for the quarrying, purpose of extracting any quarriable mineral from a quarry including sand dredging in CAP, N 42 the navigable water ways or else where ~for industrial use (ill this part referred to as LFN 2004, a "quarrying operation") shall be conducted under a lease orlicence granted by the Minister under this' Act. . . (2) Every grant of a lease or licence shall be made subject to the provisions of this Part, the prescribed regulations and the terms orthe lease or licence. (3) Pursuant to section ql) ofthis AGt1,except as provided.in this part, no person shall conduct any quarry operation on.anyland in N~er~a jts c;ont~guous continental shelf and all rivers, streams and water courses throughout Nigeria, any area co~ered by its territorial ~aters or constituency and the Exd~sive Economic Zone, or divert or impound water for that purpose. ',: I  'A 508 2007 No. 20 Nigerian Minerals and Mining Act (4) In this section, "industrial use" includes sale, bargain and usage for or in connection with any industry or trade and excludes sand dredging for the improvement of navigability of waterways, in so far as the sand dredged is not sold or used for commereialpurposes. Area and 77. A quarry lease shall- validit : of quarry lease. (a) not be granted in respect of any area of land exceeding 5 square kilometres; and . (b) unless previously revoked or otherwise determined, remain in force for a period of five years; or any lesser period for which the lease has been' granted, from the date of the grant of the lease and shall then expire unless renewed. Rights of the

78 — ( I) Subject to the provisions of this Act, aguarry lease shall confer on

78.-( I) Subject to the provisions of this Act, aguarry lease shall confer on Holder of a Quarry the lessee the right to- Lease. '(a) enter on the land within the area of the lease or licence granted under this Part; (b) carry out quarrying operation on the land within the area of the lease and shown on the plan supplied (if required) by the applicant; and ' \ (c) remove and dispose of any quarriable minerals specified in the lease. (2), Subjrct to the provisions of this Part andthe Regulations,tlie ~older of a quarry lease who has complied with the provision of this Part and the regulationsrelating in particular to compensation and the payment of surface rents shall, for the purposes of the quarrying operation, have on the land within the area of the lease, the right to--- (a) make all necessary excavations; (b) erect; construct and maintain such houses and buildings as, .ih the opinion of the Mines Inspectorate Office, are necessary for his use and forthe use of his agents and, servants ; (c) erect, construct and maintain such engines, machinery, buildings and workshops and other structures as may be necessary or convenient, (d) stack or dump any of the products from the quarry ; (e)"lay water pipes and make water courses and ponds; 'darns and reservoirs ;'and (j) construct and maintain all such electrical transmission lines, tramways, railway, roads, hlnding grounds, communication and conveniences as may be necessary subject to laws and regulations governing these infrastructures. (3)' A lessee under a lease- (a) may, on the land within the area of the lease cut, take and use al)Ytree when necessary in the course of thequarrying operation or when required for carrying out the quarrying operation or for domestic purpose; (b) shall not take any protected tree except with the consent of\be proper Forestry officer; and' " ,,:  Nigerian Minerals and Mining Act Z007 No. 20 A 509 - (c)shatt- reimburse t~~~~adastFe o~~thran'~payment°rita8l~by iilif., __ ;,\;. t Mining Cadastre Office, in respect of any, f~al)q, r,oyalty Jm:~rij>ed, under the forestry law of State. (4) A quarry lease shan not, except as pr~)Vi4ed under a water licence granted under this Part convey any-exclusive right Of privilege, in relation to any lake, river, spring, stream-or other body of water on, PASSingtmougJt,qt,adjaFentto the,land within the area of the lease. (5) Nothing in this section shall authorize ~ Holder of'a quarry lease to make such alteration in the flow of.watee in any navWtble water ~S: would; obstruct, or interfere with-or is likely to obstruct er.interfere with the free and safepassage of !l~r vessel; boat, canoe or other craft. , 79. 'Subject to the provision ofillis sectlon,'the Mitring CadasWe Office shall, Survey. before granting a lease, require the area specified in the application to be surveyed in accordance with the provisions of the survey Co-ordination Act and ,t~ cost of the survey ~hall be paid by the application in accordance with. the sca~ prescribed by or under that Act.

80 — A reference in any enactment (apart from this Act, the f,actorie~ Act and Consequential

80. A reference in any enactment (apart from this Act, the f,actorie~ Act and Consequential 'the Criminal Code Act) toa-Mineer Mining Operations shall be construed, IWless it Amendment. is otherwise expressly provided-or tbe context otherwise requires, as. including a reference to aquarry or quarrying operations and effect shall be given to the enactment with any necessary modifications, PART, VII-ROADS

81 — No person shall, in the course of Explcration or carryingout mining Construction

81. No person shall, in the course of Explcration or carryingout mining Construction operations, under this Act construct a road, tramway 'or railway over; onor under- of Roads. (a) any State land, other than, that comprised 'Yithin the area ofthe~i~ing lease, withoutthe consent of the Mlrlj'ng Cadastre Office after consultatieriwith the officer in charge oflands in theFederal'Capital Territory, Abuja, or in the State as the case may be ; (b) any customary lands, other-than those comprisedwithin the, area of the , mining tease, without the approval of the Mining Cadastre>Office"aft.er consultation with the Chairman of'theLocal GoveramentCounoilor Area Council.as tbe case may be ; without first- (i) giving notice inwriting to the lessee or,holder or applicant; and (ii) obtaining the consent of the Mining Cadastre Office-

82 — ( I)A person whohasconstructeda road; tramway or railwaym Use' of

82.-( I)A person whohasconstructeda road; tramway or railwaym Use' of accordance with the pro~\siol1s' bf this Act shall not hinder or prevent' any' oUter mining road. person from having access to \ising the thad, trart1why or railway. ' , ' (Z) A person who constructs a TOad,tramway or railway may, if in his opinion, the road, tramway or railway is being used by'a'ny~ther person 'irisuch a manner as- ; ," .. ,I r • ' 1._- ,:; '. ' ;' " • , r\;.~, ,- iI, ' .' , (a) will cause appreciable damage to the road;tramway.oorrair~~Y'; or  A 510 2007 ,No. 20 " . ; j-. ~ , Nigeric:n'Minerals and Mi~lng'ACt " -'i,";<" (h) substantially increase the cost of its upkeep, may ealloe thc,tlser to contribute to the cost of upkeep. (3) Where a person uses a road, tratnwayor railway constructed by another person in' such a maimer as to interfere materially with the free use and-enjoyment of it, the person who constructed-the roadrtramway or railway may calI Ion that user to limit his use of the road in order to stop the interference. (4) A person who' constructs a road; tramway or railway over.any part of the area of arnining lease under the provision ofthis.Act may be required-by-the' lessees orholder of the mining lease-or-mining title who wishes to mine the'occa covered by the road to divert the road, tramway or railway to some other part of the area' of the leaseor-title al~.dcost of the diversion shall be borne by the person who constructed the road.tramwayor faii~ay. ' ',' . .' (5) References to a person who constructs a road, tramway or railway under the provisions of this Act shall be construed as also references 10 a' person who maintains the road, tramway or railway to which section 73 of this Act applies. (6) The person who constructed a road, tramway, or railway may close it for the purpose of occur by reason of any inadequacy of the road, tramway or nlil way and shali not be liable to any person to whom thenotiee is given. a (7) A person who is constructing a road, tramway or railway shall display and keep displayed, adequate notice drawing attention to any bridges or cul~erts and to any precautions necessary, in the use ofthe road, tramway or railway and the.userof a motor vehicle who neglects the precautions notified shall be liable to reimbursethe person who constructed it, the cost of any damage 'occurring to a bridge or culvert by him. " ' Ui)F~qhe purpose of this section "road", tramway or railway:' includes a road, tramway or railway constructed by a local community or person and us~d in connection with exploration or mining operations. Obstruction 83. No person shall, except in relation to minerals designated by the Minister or right or as strategic in accordance with the provisions of this Act in the course,ofExp1,Qration way prohibited. or carrying on mining operations under this Act impede or obstruct the right of way over any public road. PART Vlll-INQUIRY INTO ACCIDENTS Rcpport of 84.-( I) The holder of mining lease or licence shall, if an accident occurs in Accident. any mine or in connection with the mining operations conducted under its lease, .temporary tide or licence granted under this Act involving loss of life or seri6us injury to a person, report the accident as soon as possible, with full particulars of the accident-' . , ' . (a) to the nearest Police Station; or (b) to the office of the Mines Inspectorate Department in the State in which the accident occurred.  Nigerian Minerals and Mining Act 2007 No. 20 ASH ',.\. '." ".,' <""il'l'" . , '(~J On reseipt<)i'.th~r~port~d~'pursuan! tosuosection (l)oTthis section: tht": Mines IpspestQrate,pepartln,ent , " . .' - ,'"c '~h'a\r'fOrthwith ihfurrri the' "'! :)., '.~~ :'~',j ".'" 11>,/ : ;' (3) Every accident ocCurring ineOJJneetion,with ..a q"affyiag.op<::r*9U and involving loss oflife or serious injury tOm:lypersoft:sba~1he r~PQIfe4to thei~p~qtor by. the qU,ir~est available means of'communication, or quarryofficer i1.'l1me,diateb':" . ,. , - -'. ,-' ~-II . ~-. I: ,. '. ' ': _:;;f<_: (4) The-place where the accident occurred s~lI~ left ~.n4jstur~d,,,and no person shall interfere with the surface working. or any.p~rtdn whichor on whic,J;!the accident has occurred until; the place .or anything atthe place, has been visited or examined by an Inspector or quarry officer, - , '

85

85.' '}f a.n aceidentoccursin-a mine the Minister shall.setup a panel f.p,¥isting Panel of of not less than four members to inquire into the cause ofthe accident, Inquiry.

86

86. The panel of inquiry shall deter~ine thecaus~ of'the accident including-> Matters to be (a) whether the Holder or its agent-is guilty of'negligeriee or took al] reasonable determined on inquiry. and proper precautions to prevent the accident; (h) whether any person was killed or injured asa'resalt of'the.accident ; and (c) how future accidents might be prevented.

87

87.-( I) For the purposes of an inquiry under theprovisions of this Act, the Power of Panel appointed by the Miristerto conduct the inquiry snail have power to- panel of inquiry. (~) authorize any -p~rson, wher~ necessai;~t~ I~aveaccess tothe qmirry or any surface working and remove anything from the place where the accident occurred and take such btne'r measureS'as maybe '"eee~ary for the conduct of the inquiry; (h) summon witnesses, require witness to give evidence onoam prproduce any report, book qr. other document for the purposes of any examination and payrient of expenses of witnesses; and .' , (c) do or direct to be done such otherthings as he may det:JU,necessary:. (2) For the purpose of subsectionI l') 6f this section, the Panel holding an .'inquiry \1rlder' this' Partof this €hapter sha11 have the. powers. ofa J!¥lge under the Tribunals of lnquiry: Act. 'oJ', II ,(j) Ap~rsop; summoned to attend or to pr?p~ce any report.' bool<,or,~ocument under subsection (I) of this section, who .refuses' qr~eglects to do, so, 01 refuses to answer any question put to him by or ~ith the cond~rrence the 'P'anet'If01 ditrg the of inquiry;coru?,its an ;q(fence, ood,is liaqilcol1 convi,~tion to a Jine6fcirt,~:'fiurldred ( thousand Naira.r, ,0 to! .. "., ,;. •••• ,." (4) No person~~dmrrionedutulef'fhis seffliotl sliall-be;bound,to:iocriminate hitTIself,-and ev~ty: wifuess'Sha;)), ,in:.respdut 0fany,~vi~nq~ ,g~y~n b~~im at the inquiry, be entided:w.the same privjl,eges,to \V~i~hh,e \Voy.I.d,rh,~voei been entitled if giving,~vw.enct<befqfe ~ c.o4r;8rja~'n":! 0'" !"",' , ':-' .. I Jf.  A 512 2007 No. 20 Nigerian Minerals -aM Mining Act ' (5) A witness attending at the requ,es~of or on summons by a'Panel holding an inquiry shall, subject to any order made by the Panel, be entitled to the likeexPmse8 as if summonedto attend the Court, and payment shall be made inthe same manner as if the person were a witness in a criminal trial. Inquiry by 88.-( I) Where in the-opinion of a Panel conducting aninqui'..y' under section court. 85 of this Act, the accident was not due to any of the causes mentioned in that section he may recommend that-the report be referred to a judge of the Federal High Court who shall hold an inquiry into the.cause.of'jhe accident, (2) The Judge shall within fourteen days ofthe determination of the inquiry, send a 'copy of his findings to the Minister and, if so requested, a COPYioftb,e record of the proceedings. Interpretation 89. In this part of this Act "serious injury" means- of this Part, (0) a fractured skull, pelvis, arm, thigh, spine, forearm or leg; or (b) a dislocated shoulder; or (c) the amputation of an arm, a hand, one finger or more of the same hand, a leg or foot; or (d) the loss of the sight of an eye; or (e) any other serious bodily injury, including internal hemorrhage or burns or asphyxia, if the injury is likely to endanger life, cause permanent indapacity or impair efficiency subsequently. CHAPTER 2-SMALL SCALE MINING The Area of 90.-( I ) The area covered by a small scale mining lease shall not be less than 5 small-scale acres and shall not exceed 3 square kilometres. lease, (2)AII lease holders shall carryouteffective rehabilitation of the mined out areas to the satisfaction of the Mines Environmental Compliance Department and also pay prescribed rehabilitation fee, proportionate to their profits as a way to defray further cost of rehabilitation and reclamation. (3) The Small Scale and Artisanal Mining Department shall ensure t,hat mining activities are restricted to the established zones of mineralization. Extension 91. The Government through the Ministry shall provide the following extension services, services to duly registered and performing mining co-operatives ofsmallscafe and artisanal miners- (0) prospecting and exploration services shall be provided for registered mining co-operatives to determine the geological setting, structure ' and nature of occurrence, quantity and quality of minerals being mined ; (b) provide mineraltesting standards and the determination of mineral grades ; (c) provide proven mineral reserve evaluation including feasibility reports; (d) assist small scale miners on mine design and planning suitable for the deposit; (e) teach adequate skills in mining to small scale and artisanal miners and regularly introduce them to new mining technology; I I  Ntgerian Minerals" and Miffing ,Act (f) provision of teachingeq u ip~eritand planifor, hire 00 an arrangement with manufacturers of leasing companies and proper linkage and guarantees provided; (g), introduce appropriate minera\'»I'Oc~ingtechnotogy, sldUs'in order to meet market del1l'andsa.nd optimize pfoot ; . ;/ (h) provisio~ of envifonrhenu.( irit"acf~ssessm(fflt report and 'debti100gtfidcli~es on waste"and tailing, dispo~~1 ; " ." : "". ,.,.'. (i) intr~ducti~n ofh~~lth and saf~ty procedure intherriines,.prJvis'i'O~'cifwater and health facilities to large mining camps; , , ', .1 (j) holding regular workshops to update minersknewledge on legal, marketing, business skills and infrastructural suppOrt, facilltate mineral testing and-the deter mination of mineral grades; and' . , ' (k) facilitate mineral testing and the determination of mineral grades. CHAPTER h--POSSESSIONAND PURCHASE OF,'MINERALS

92 — The provisions of this part do, not apply to bona fide specimens of Exemption

92. The provisions of this part do, not apply to bona fide specimens of Exemption. mineralogical, geological, or educational interest or-to the receipt by an employer of minerals from his tributers.

93 — No person, other than an officer offhe Ministry authorized in thatbe'halfby Possession 0 f

93. No person, other than an officer offhe Ministry authorized in thatbe'halfby Possession 0 f the Minister and acting in the execution of his duty, shalt possess any Mineral Minerals. unless- ' (a) the mineral is Won frt'1ma mineral title area of which.pe person is the holder and ~••• hich entitleshim to exploreand exploit-the minerals. ;or (h)the person holds a permit to possess or purchasetharmineral issued under the provisions of this Act; or (c) the person is in respect of that mineral within. the meaning of'regulations made under this Act, a duly authorized agent oremployee of ally person permitted by paragraphs (a) and (b) of this' subsection to possess that mineral.

94 — No person shall purchase any mineral unless he holds a licence to purchase Purchaseofr

94. No person shall purchase any mineral unless he holds a licence to purchase Purchaseofr minerals issued under this Act. Minerals.

95 — Proceeds recovered under a small scale mining Lease shan be Sdld to a Establishment

95. Proceeds recovered under a small scale mining Lease shan be Sdld to a Establishment a licensed Mineral Procurement Centre, hereinafter referred to as "Mineral BUying of Minerals buying , Centre" and valid, sales receipts obtained and when "Mineral Bayiag.Centre" and Centres. valid sales receipts obtained and when centres required shall be produced for . inspection by anauthorized officer of'theCadastre Office .. "

96 — ( I ) The requirements fur tegiatretionasa buying centre.shall be in Registration

96.-( I ) The requirements fur tegiatretionasa buying centre.shall be in Registration accordance with this Act. .: ,! "!,; as a buying Centres, .. (2)Allbuying,c:~ntres, 'so reii~~e~ shall be r;eqtii~ed to keep ~O'Upilh ~te record of a\l purchases and sales of minerals acquired with details 8'8.to whit!h mine within the country the minerals were won: and obtained.  A5t4 2007 Nol'20 Nigerian',Minerals and Mining Act CHAPTER ~ENVIRONMENTAL CONSIDERATIONSAND RIGHTS . . OF HOST COMMUNITIES Saving as to 97.-( I) Nothing in this Act shall be construed as preventing any citizen of wining of Nigeria from wining, subject to such conditions as may he prescribed by.t1f~:M.ini~ter, certain salt.;sada,PQl~()r galena from any land (otherthanland within the area of mining minerals. lease or land) designated by the Minister as security land pursuant to section l (2) of thisA~t fmm ,w,hixhit has been the custom ofthe members of the communityto Which he belongs to win before the coming into force of this Act. (2) The Minister may by order published in tile Gazette direct the provisions of subsection (I ) of this section to apply, within such local limits as may be prescribed by the order, to any mineral which the Minister is satisfied hasbefore the commencement of this Act been customari Iy won by any community. ' (3) Where before the commencement of this Act, it was the custom of the members of any community to win any ofthe minerals to which subsections (I) and (2) of this section apply from any lands over which amining lease is granted.the lease shall, during the continuance ofthe lease, pay to the members of that community as means to determine lest a government levied value. Prohibition 98.~ I) No person shall,in the course of Exploration or mining, £~rry out of Mineral operations, in or under any area held to be sacred or permit injury or destruction of exploration any tree or other thing which is the object of veneration. in ccrt riu areas. (2) When any question arises under this section as to whether an area is held to be sacred or tree or thing is the object of veneration, the question shall be decided by the Mining Cadastre Office on the recommendation of the Mineral ,Resources Committee of the State concerned . . (3) A licensee or lessee 'who causes injury or damage to any area, tree or thing mentioned in subsection (I) of this section shall pay fair and adequate compensation to the persons or communities affected by-injury or damage. Saving as to 99.-( \) Subject to subsection (2) of this section, nothing in this chapter shall certain be deemed to apply in relation to the extraction of sand,clay, laterite and stone for quarriablc minerals. personal use by the local inhabitants of an. area in accordance with the local custom of the community of that area. (2) No explosive shall be used for the extraction of any of the minerals referred to in subsection (I) of this section. Notice to 100. When an application is made for aMineral title in respect of an area which owner Of includes any private land or land occupied under a state lease or right of occupancy, occupier. the notice of the application, shall be given in the prescribed mannertotheowner or occupier; of theland and consent obtained before the licence is granted, otherwise t1W licence may be granted with exclusion of'the private land in question.- • . " ~ •. " " • ; > ' .•• 0' Reservation 101.-(1) The holder of mining lease shall exercise his rights, under the Act of rights of subject to such limitations relating to surface rights as the Minister may prescribe in owner or accordance with the Act. occupier.  '.~E~*!,:alsand;!Mining,A<:t 'Ni1Zf!!.i~~ '" '-"'"'," ." ?".- e '~i"" :. (2) The rights.,cor*rred~y aminingleilses~f1II be ~xercisedin a l11anner cOllsisterit w'ith the 'reasollab1e and prop'6i' l;c;ridoct of'rtie o,;erati6n~ cdrid~e'd. ~~ -) .~~ I'.;' \:.!. " ,(3) Subject to the provisions of section (2) o,fJhis Act,the lawful occupier of ~~yi~nQ.withir~an area'~ubject ~~aJbin!rii;\e~s~··Sbat(rel~ln·tli~ rightt61:~adWvestock upon"orcultivatetlie s'u:rfacc"of'tht;'lllOdirr s()'far as tHe gr1tZiNgor-culnvationtloes not interfere with the mil,'ing ~p~~~tions in the' area: ' :, !' . .:», t , e·.... -',' .. ,(:' -.f '·1' "102.-'"+-0) The-lessee of a mining leasesi}a.JI;PllYrelllt,;nAAM!:lI'Wt;:with9Ht'derAAnPSurface rent. beingmade of it; at such rate per anaum MisballAlledeterlllil)~ by the M.jnili~r forl!JI lands occupied or used by it in connection with,its.min,tng~e[atiog~. '(2) The Minister' shalt" before! gcam:inga mW\ing lease.on aQYpri~ or any State land- (a) cause the owner oroccupier of'the landtobejnfQrmoo Qfthe:iQ~l'tjon of the Minister to grant the lease; and ;. (h)'require the owner Of occupierof the land to-state in writing within the period specified by the Regulations made under thisAct, ~be rate ofannual:;urf.ac,ewpt whichthe owner desires should be paid to him by the lessee for the land occupied or used by it for or in' connection with it~ miningoperati6ns: ' , (~) If within the time specified pursuant to subsection (2) of this section, the owner or occupier 'states the rate of the refif' he desires should be paid, and the Minister is satisfied that the rent is fair and reasonable, the surface rentpayable in respect ofthe'tandof'Ihe owner or occupier shatl be,tbeltmountspecified and-the rent shall be notified to the lessee assoon 'as possible . I" , .1~, • . , (4) The rate of the surface rent, whether fixed by the owner, occupier or by the Ministsr; shall be subject to revision by-the Minister atitltervalsof five years. (5) Infixil~g the surface rent pa~~ble, the Minister shall take into consideration 'the damage which may be doneto-the sUffa:ce!()f the landby the-mining lor other operations of the lessee, for Which comp~~sati(}R is paY~bH~;. ' (6) The lessee shall pay all expense's incurred by the Government in which surveying, measuring or otherwise ascertaining the extent of the land'tn respect of whiFh:~l\~face rent is payable." :" ", ' ' ." - . . -", I -·,;t' (7) Ifin the opiniol\oftfle Minister it isitnpra.cticaWe:0f.uMesirable,tQ~termine the ext~ntofthe land <>FcuPiedoru,sedpyaminingle~ee,th~Miflister may permit the lessee to. pay surface flfqt at su~hrate as the Minister max ,determine 'over the whole area of the lease. "'," '" .,. . ~Hj

103

103. Any question arising as to=- Land Use (a) the extent of the land, occupied! or used by the lessee .; Or . ,I' Allocation (b) the date on whith tesseecommencedorceased'toocclfPY or use anyland ; Commitiee. of' !~ 1-- ',j~'::';.- l~ .; j .\'r » (c) the proportion of the surface rent payable to'il1f~~rs()itseridUe'd'tO+e'ceive any portion of the surface rent shall be referred to the land Use and Allocation Committee of the relevant State for determination, and the report of the Land Use  A 516 2807 Ne.10 Nigerian Minerals and Mining Act Allocation Committee shall betaken in to consideration by the Minister in making a decision. Compensation 104. Where, by reason of the grant or existence of a mining lease, the President, on in the Case of'Federal land, the Governor of State, in any other case, revokes a right Ccrti fieate of of occupancy over land, the subject of a certificate ofoccupancy or resumes Occupancy. possession of any land occupied under state lease, the mining lessee, shall pay to the Government the amount of the compensation paid by the Governor to the holder of the certificate of occupancy or the State lessee by reason of the revocation or resumption of possession, as the case maybe. Acceptance lOS. The acceptance of any rent by or on behalfofthe State shall not beheld to of rent not operate as waiver by the state of - to operate as waiver of (a) any forfeiture accruing by reason of the breach of any of the provision of forfeiture. this Act, or the regulations made under it ; or (b) any covenant or condition, express or implied, in any lease granted under any previous enactment or instrument. Security. 106.-( I) The Minister may, before granting a mineral title to any person, direct that person to- . (a) give security by depositing with the government such sums as may be prescribed ; or (b) reimbursethe Federal Government for any compensation, the Federal Government paid to any State or occupier in respect ofJand on which the lease or license for the minerals is given. (2) The Minister may accept a banker's guarantee as prescribed in the Regulations made under to this Act in lieu of the deposit prescribed by this section. Compensation. 107. A holder of Mineral title may, in addition to any other amounts payable under the provision of this Act and subject to valuation report by a Government licensed valuer, pay to the occupier of land held under a State lease or the subject of right of occupancy- (a) reasonable compensation for any disturbance ofthe surface rights of the owner or occupier and any damage done to the surface of the land on which the exploration or mining, is being or has been carried; and (b) in addition pay to the owner of any crop, economic tree, building or work damaged, removed or destroyed by the holder of the mining title or by any of its agents servants, compensation for the damage, removal or destruction of the crop, economic tree, building or work. Assessment lOS. The amount ofthe compensation payable under the provisions.of this Part or of this Chapter shall be determined by the Mining Cadastre Office after consultation compensation. with the State Minerals Resource and Environmental Management Committee and a Government licensed Valuer. I I  NigeriaN' ·Mineralsantl· MiRiRg. 'Act

109 — ( \} Where the holder, six monthS after:the gJaI1t ~ a Mineral title. dt)faults Non

109.-( \} Where the holder, six monthS after:the gJaI1t ~ a Mineral title. dt)faults Non in payment of,the compensation, the Mini$tet may SUSpefl~the Mineral_itle until-- payment of compensation. '(a) the amount iiwa:'rderlispa(d ;and'; (b) the holder has deposited with the governmentsuch further sum as security or any furtherpaymentas the; Ministet"miiy d~"d;' , , r. "j.',; «: , (: )lfthe,h~lder does opt plakepaym~taoqA~Pf?Sit wJthi~,30 days after the suspension ofthe Mineral title in accordance with subsection (\) ofthis section, the Minister may revoke the Mineral title of the person in default. T- -I 1 I 'I.' l';·-r,rh )".' ;; J J o. It is an implied condition in this Part of this Chapter that the Holder of Payment of MiningTitle shall pay the compensationprescribed in this Part 9,f,t~is Chapter to compensation the person.entitled to it, , ' , " " " - an implied i .' ,: - " '\ I );;11)1 j; . condition, rH. the holder bf mineral title shalQ,in-exercise ()fhlslrightSlthiderttie Mineral Prevention title, have regard to the effect of the mining operations on the environmenuandtake of Pollution of such steps, as may, .be nfi~ess~y to prevent pollutil,ln o(tpe environment resulting environmen\. from the 'mining operation, "', J J 2.-( I) the holder of a mineral title who surrenders any land as 'provided-for Compensation under this.Act.shall be paid compensatiou.for any interference wj~h any way, work to lessee, building or, plant or for the expenses iucw,red in the exploration of the area required for public purpose.and, in the case of a miring lease, for the loss pr,J:easqra~le expectation of profits from proved minerals on the land.required for public purpose. (2) Any question arising as to what are proved minerals, shall be determined'by the Ministen.efter obtaining the report.of aspecial committee set up by the: ,Minister for that purpose. (3) The compensation payable to any ofihep~rsons mentioned in subsection (I )ofthis section-shall, ifnot agreed between the parties, be-determined by the court. , , ' (4) The Holder of a Mineral title shall not disturb the occupier of any partofthe land specifiedin the Miner~l title Area during th~ cou~se of'an'y quarrying operation until.theland is actt,tall~ required forthepurpose, . ' J;, 3.-( I) In addition to any reirnbursementpayableto'the FederalGovernment, Compensation the Holder of a Mineral title Shall .pay to the owner or occupier of any land within the for crops. economic area of the lease qr lic~nce, ~ompen~tipll for a~;t:crop, e(;Pllornic tr~~l?uil~i,flg or trees, etc, work damaged, removed or destroyed by the holder ofthelease or licence orby his agent or servant. . ,'" . ,, (2) The holder of a mineral.titleshall reimburse or make any p~ment rl,fMired under subsection (1) of this section in.respect of any building erected, crop or economic tree planted or work constructedon the land afte'r the date on which surface rent become payable. ' '" ," ,J, (3) Any compensation P3yable under U\is Chapter of this Act.nw..y.subject to the provisions of this Act and in any appropriate case, ,be detenTlin~~by Uw; Minister . J.'  ASI8 20()7 No.~~O Nigerian Minerals and'Mining,Acf atlergivingc011sideratiol1 tothe reportof'any committee setup forthe.consideration of any-compensation to be paid by the Federal.Governrnent to ,the owner Of1~upier of land for which the lease or licence is or O1a~~~rall~~dp'1der this Ch~"trr pf this Act. (4) Notwithstanding anythiug-ccntained i~ tnis.J\ct,or in:aJ1F-~gu!a.~Q~ made under it, a person who suffers any damage, loss or disturbance of his right by reason of the openit'io'nofai1y of the provisions of thisCnapter of this Act shall 'be ehtitled to :lti ",;, , hjfl 1-;- Jj .> (a) be ~aid adequate compensation in respect of the damage, loss or disturbance ; ~111d" :,', ,I,; c: ,; " L:., ,";i" ' 'iil'! (I;jref~r ariy question as 6fhis interest in th~'sllbject matter oftlie ditfuage;loss or disturbance and as to the amount of compensation payable 'for'deterrfHhationto thci FeooraUligh:C(mrt, havillgjl\l;isdiction; in ~he.~rea ip, which the ,supjqq~matter is situate.«, Rcstor.uion 114.~ I)The Minister shallby' orderrequire fne granteeof a miniri8lea'Se to or mines restore any area in respect of which mining operation has been, is being;oriis to be land, carried.out.io» or after the.date on which this Actcomes into operation, (2) Any order madepursuantto subsection (Ilofthis section may contain ~uor any of the provisions of the covenants and conditions which maybe imposed under the provision of that subsection and upon due service of the order, the provisions thereof shallbe deemed to be covenants and conditions of 'the lease' 'or .grant concerned. Rcc lamation. 115: Where land which is subject ofaminingIease has been.explcited.rthe Reclamation mined out areas shall be restored by the applicant under the condition of its grant otherwise the I;clevant provisionof~ection 10 of this Act shall ~pplr Co mm miry 116.--( I) Subject to the provisions ofthis section, the Holder of a M~ning Dcvck.pmcut Lease, SmaIl Scale Mining Lease or Quarry Lease shall prior to the commencement Agreement. of anydevelopmenractivity within the lease area, conclude with the host community wherethe operations arc to be conducted an agrecment'referred to as a'Comrnunity Development Agreement or other such agreement that will; ensure the transfer of social and economic benefitsto the community, (2) The Community Development Agreementshall contain undertakings with respect to the social and economic contributions that the project will make to the sustainabi lity of such community,' ' "" (3) The Community Development Agreement shall address all or some ofthe following issues when relevant tothe host cnrnrnunity-v- , (a)equcatiqnal scholarship, apprenticeship, technical training and employment opportunities fo~ indigenes of the comriumities ~' " I;"," (/J) financial or other forms of contributory support for i'nt'ra~tr~c't~ral developmentand maintenance such as education', health or other community services, roads,water and power ;  Wigeria~l'MiJter.a1s ..«,m.i Minmg' A ct (c) assistance with 't1\~lef~aff6if;'tleven;~l1t ahd'!lupf10rt to srnall s6ale and micro.enterpnises; ""';' ,,' ,',; :"', '",.. ,,';t, ; I ."Ji.;" , (d)agricul.tdrlll prod.uct,mark~tit\g~ Ili¥t, ," 'J; , '\l , ~c) n'l:ith()ds· nl1d 'rJrOGedI.JNS0~ ent{.Jromoollt __ secioeeoonomic I$n\l-g~ent and local governance enhancernent.« :;,Ii':' ':r'i~;'i: 'II' ',: ",qf,,' ,i, 'W" "i. ,Y. (41) hi the event ofithe fai.lW'f{:of UJllhllat :C9mnw,nH~iiW4 ape l~,fJft'r~ several .attembts.to.couelude the O>mJllLif1ity·meY~OP~IJtAgreel1lenPn; tlleltiJTI~tb~ 1;ille Holder is ready to cornmence,dGY~lf)p.mentwork on the \~~~ area •.the,lP~tt!r &~all,be referred to the Minister-ton ,v¢soIJ.lti.Q{l, ,,'i; '1(:,1,' _ ;, " (5)Tp~~~9nlnJUl;li~y;DY'!f!lppm~Jl~:~9m~il1emil\h\\I\,b~s~lVeH',tQ/~~~e;W~very 5 " 'j all,u nti], rev icw cd b.y, the rP<,lf:~I~~,h~r~ 'yQarSa\l~ 1&h ~il1d,i?¥.~!f~9t8'1 ;th,rJRar!} fS.; , LI7.Yhc Community Development;;t\gre:tll11e'nLshaH :spte<lify apprQPrj,lte Objectives of CohS>l'IhatiVe'hndmonitering ';ffatneworks between: the, Mineral:.ti tie; Holder.andthe the Community host community, and the means by which the community may partic~t~in)~he Development plat)n~w;:~, implcpl~l~tation,l)l~.l'l:ag~!?l~rt~lld;~opito~i~g ofactivities carried ~ut under Agreement. the agreement. '. ~".. , , " " ;: ~ •.•: "~I I. , r! : i . ~;;'; '~1' r ' ,!~; , lIS •.Every holder of a mioJefa ltitl~' ijnqj::/:thj.!;' A9t shal\l;lSff)f as it iiS:l'"as!lna~'y Environmental Obligations. practicable-s- ;, , :','), .(a) minimize, manageand mitigate any environmental impact resulting from ". , • • " 1 "." : , ,: i 1 <' i"~ I : '-;. :' :"', ': " ' ',' I j 1~ activities carried out under this Act; and" . " , , ;" , • -' Ii' . ,; -', '.,.1' .~I .-:',.' ~:./;;; .' ; '. ,; r • ,;l ~,.: " : rehabilitate and reclaim, where applicable, the land disturbed, excavated, (h) explored, mined or covered with tailings arising from mining operations to its natt'!\'arcfr pteddeMtineCt Jtah.H5r t6i~ueWstate.:ltsmaybe specifledlilnthisAct, its i'cgai~tjdns and othef'pertinent laws itHotcCi;nodin-a:ccordaMewith;establlshed best practices. ' ;jI .,. ' ",' ;" ;" ''it 9. Every holder of an' bi.plorat1on"lidence,. srnalf~scale'mii1ing lease,' mining Environmental tease, quarry lease and wata USe permi] sha.I'f.:.l.': 'ii impact Assessment. (a) prior to the commencement of mining operations; or (h) upon application for an'e'ktensiol1/ofthe'term; or (C)UJYOI\' an applica'tionfot'\tre conversion oti:a MinerliHltle, submit ;tothe Mines Environmental Compliance Department- '/(Ii)an environmental'jmpaeta$~ssmea.;st~Jll¢nttapprp'led by ~~~ Federal M in~try of the Environment-in respecrof the .~oration.or Min,in.g ~ratiW1s to be conducted within the Mjllera"titl~,A.rt!a' ; and , Ii (ii)auEnvirom:nenta\ Protection and RehabilitationProgram containing such details.as may; 'be proy;lqed for;i~)the e1)~~ronm'~'n,t'~T re$:\'I~tions i~s~e? pu~su~nt ,." ~ tc this Act. .11 ' ,if ;. ):1;, ,ll'). • . )20.-(1 ) The Environmental Protection and Rehabilitation Program required Contents of 'l\,~d~~thc' provisionsofttiiS:AdsfHiti~ .: ,,!,; ";;, the (a) P.r9yi4~ f,qr ~Pt;:9ifi~rehabilitat!Sn and'rbcliinatf~nacti6n~, trispectioils, Environmental Protect ion annual reports; .~ .' " ," '" ,', ' and Rc habi litation Program,  A 520 2007 No.· to Nigerian Minerals and ,Mining Act (b) a reasonable estimate of the total cost of rehabilitation' '. , (c) cost estimates for each specific rehabilitation and reclamation action; and (d) a timetable for the orderly and efflcienrrehabil itation and recla~tion ofthe Mineral title area to a safe and envlronmentalty sound condition suitaQJ~ for future economic development or recreational use.. . (2) The Mines Environmental Compliance Department shall exercise all its powers in respect of Environmental Protection and-Rehabilitation Programs providedrfor:in section 119 in consultation with the State Mineral Resources and Environmental Management Committee established pursuant to Section 19 of this Act.: .!' (3) The Mines Environmental Compliance Department may approve orreject an EnvironmentalProtectionand RehabilitationProgram submitted by a Miheral'litle Holder and sliaU notify the Holder of the Miner.altitle of its.decision thereon within sixty days of the submission of the Environmental Protection and RehabiJj,tation Programme. " (4) If the Mines Enviro~mental Compliance Department does not notify the Holder of a Mineral title within the period specified under subsectionB)' of this section, theEnvironmental Protection and Rehabilitation Program shall be deemed to have been approved as submitted. (5) In the case of a rejection of the Environmental Protection and Rehabilitation Program by the Mines Environmental Compliance Department, the Mineral titfe Holder may- (a) submit-such other number. of Environmental Protection and Rehabihtation Programs as.may be necessary inorder to obtain the approval of the Mines Environmental Compliance Department; or (h) if its application is rejected twice, the Holder may submit thematter to arbitration within thirty days of notification of ~he,decision under subs~cti~n (3) of this section. (6) In the case of its approval, the Mines Environmental Compliance Department shall ensure the implementation of the Environmental.Protection and Rehabilitation Program. Establishment 121.-( I) The Minister shall establish an Environmental Protection and of thc Rehabilitation Fund for the purpose of guaranteeing the environmental obligations of Environmental Holders of Mineral titles as provided under this Act. Protection and (2) The Minister shall appoint a reputable institution customarily engaged in Rehabilitation Fund. business as trustees or fund managers to administer the Environmental Protection and Rehabilitation Fund. (3) The trustees appointed pursuant to subsection (2) of this section shall operate the fund in accordance with the provisions of the Trustees Investments Act, Cap T22 Laws of the Federation of Nigeria, 2004 or amendments thereof.  Nigerian Minerals and Mining Act 1001 No. 10 AS21 ...+ (4) Every holder Of aritinerat title shallconrmencecoutributions to the ,Enviroftmel1talProtectiQIl!.nd Rehabilicatjpn FUfld in aCl>orda\lce witll~ amounts specified in the approved Environmental Protection and Rehabilitatip!lLPr()grllO).rtot later than one year ,{rom s4~h approval, (5) If the Mines Environmental CompUance,Department determines that the estimat~~co,st of implementing the approved Environmental Protection and Rehabil1tationProgram is substantially less tha!1the amount already deposited in the " Envirj;nmental Protection and Rehabilita~i~nFund: iirriay~ " " ,( ,(a) refund any eKC~SS~lllOU!tJt ,iLlthe fu1Jd to.the Helder ef'the Minerl\l ~itle; PI ib ) review, the amount offutureicomributions. or modify the contrib1.ltiotlsohedule as the circumstances may require. ,i( (6) Where a mineralsitle isrenewedathe holder shall pay into the Environmental Protection and Rehabilitation, Fund such Jannual am!JW1~ as mayhe,~pecifiepin lijl amended Environmental' Protection' ,and R.ehabilitation, Program approved l,U1~r section 120 of this Act. (7) The trustee shall l<eeppro~ records in respectof the ;oPeration of the Fund.and.shall cause to be.prepared by l\n i"depemJent firm of chartered accountants appointed by the Minister an audited statement.of accounts, in 11eSpectof each financial year. (8) The trustee shall, not later.than threeml?9thS after the end of'each financial year, cause a,copy of the audited state~nt 9f <)ccoun:tsreferred, to in sl,l~~ectiqn (6) of this section to be sent to the Minister and each member of theState Mineral Resources and EnvirOl~J11cntalManagement Committee. (9) The Environmental Protection and Rehabilitation Fund and any sum accruing therefrom shall be applied only fOJ''the'implementation ofthe Environmental Protection and Rehabilitation Program to which.they.relate.in accordancewith the timetable of payments establishedin the Environmental Protection and Rehabilitation Programme. (10) The holder of a mining lease shall implement and ~et,aJl obligations described in the Environmental Protection and Rehabilitation Progranu during the term of the Mining Lease. (I I) When the Envirorrmetital Protection and Rel1ab'jJitati6nProgtarn'-hasbeen fully implemented and completed fur~r toa G~ificationby an.i~l'}deJl! external audit has confirmed that the implementation of the Environm~ntal. Protection and RehabilitationProgram has been satisfactorily completed, die Head"ofthe Mines Environmental Compliance Department shall authorize the refund of any suriftemaining in the Environmental Protection and Rehabilitation Fund to the title holder within thirty days of the receipt ofthe certification. 122.~ I) Where a ho~d~rof a'miD:in~l~e is required to make apaYffi~nt to the Service of Enviroi mental Protection and Rehabilitation Fund under section 121 of this Act and Demand Notice, fails to do so within thirty days of a written notice given by the Mines Environrnental Compliance Depamment requesting ,paYnw~t of the .\l.m?u"t owing,~be Mines Environmental Compliance Depar,tment~h~l1~ -  A 522 200TNo.20·· Ni/{eHiJiz Minerals 'and Miizing Act (ti) serve, or cause'tobeserved, otdheholder ath~tty daydemamt:notree.in i:writing;aI1d: iJ' T, (b) cause a record of the service of the notice to be eni:l6'rsedby.'the'Miniiig Cadastre-Office 011 the copy of the Mining. Lease in: the register to which it relates. •• (2)'iftllewbole ofthe sum demanded by the notice under sUDse6,tion'(1}of this sectiori is paid to the Environmental Protection arid Rehabilitatlon'Fund' whMo'the time specified therein, the n~tice shallthereuponcease iohav~ -~ffebf'i({and ih~ M ine~' Environmental Compliance Department 'shaUcause to be eaitdet1ed in the Cadastre-Register.the.record endorsed onthe MiningLease parsuarafosubsection (I )(b)ofthissection. " . 'I'" (3) If by the end of the period specified in the.demand notice the sum owed has 110tbeenpiiidto-the Environmental Proteetion.and Rehabilitation Fluid, the Trustees to the Etwironmental Protection andrehabilitationFund shall=- (a) institute the necessary court proceedings to recover the aHlbuHt ; and (b) suspend payment of any amountpayable from the Environmental Protection and Rehabilitation Fund to the defaulting titleholder in accordance with the provisions of this Part, and the Mining Lease shall thereonbecornetiable ro suspension. Pollution or 123. No person shall, in the course of miningor exploration for minerals, pollute water course or cause to be polluted any water or watercourse in the area within thel11iliing lease or prohibited, beyond thai area, Puri fie ation 124. Every person who uses water in connection with mining operation, whether or wu ;:;1'. for- (a) the generation of power for mining purposes; or (h) the removal of mineral substance; or (c) concentration, milling or otherwise shall, whatever may be the nature and datc of the document of title under which the use is enjoyed, make such provisions as shall ensure that the water so used does not contain injurious substances in quantities likely to prove detrimental to animal or vegetable life when the water Icaves the mining area in which it has been so used. Cornpcns.uion 125, A licensee or lessee shall pay compensation to the owner or occupier-> ft)!' durnugcs and pollution, (a) ~hoselal1doril1terest in the land is injuriously affected by the exercise of the rights 'conferred by the licence or lease, for any such injurious effect not otherwise made good; and (b) who suffers damages as a resultof pollution of any source of water, used for domestic and other purposes, as a consequence of the exploration or operations in any work connected with the property, for any sllch damage not otherwise made good,' , Deposit or 126. -( I) The Minister may by regulations prescribe the quantity of tailing tailings, that may be deposited in any natural water course by a lessee under this Act.  Nigerian Minerals and Mining Act 2007 No. 20 A 523 ;.;3dd~ ,i'\,-\, \ <t,(\~ ;\-'1':'; \1J,.' / US: "if"': ':'htt) ~U # ~(2)N() 111ftlCi'attifte'1161d'enft-a11, wrttfbLilf5ermis's i6n ob1ailTe'<:tmrl1'Pf5Iicatitltrby-c it in writing to the' NI~lies ]ti9~clJ'(Orcrte; i2)epaHment, dep6S1t;agreater quantity of tailing in any natural water course than that prescribed bY{f,~~uMl.tjQnb ! f,! ~,i b~ , (JJOntht< appl !vatwJt,qf 1I ahq~rlJl,title. ~Wer uIlQ, m'Ht~~)(i~ll"~,lx:ilJg shown '"!,,I the Mines Inspectorate Oll:iN ;gr.dl~t;,t)~rmitaml,IOf,i~ing,lIwEfI'lPo~it!ofiglllater .q\l.~ities ";ifl qt;:tai.liIJ~!t11all.th~t:ercfi!.;ri~f.dr,?y"t'1~r,yJ;,.,~~i-sn~,NJq m;t~/J:~,~,em!'1R~~n~;s#bjectto such conditions as he may' deem nec~M~r;:iffn~.t!w.se c()nd,i,~i(m~.~.~)~,!l ;_pe,7ry.~sed on the permit. ' ''<~djr~;, I.) ;"1';-':" .j .. let ';'lLq~~ (L,), ThQ M~l1o~,Im;f}ectpt:.1~r.A'¥l:Y :Ii\W~~ .or, ~~fY JIJ~· <;of\d.ttioll~ !~f Jll1Y -RflF,mi t granted under this section if the holder commits nbr~c.h.otMy.of~~~on,~tip.n.s of t11,epfn~1it. ',;' " ';! r:. I ;.>/ i' .,'1 ,r i', ;

127 — ( I) No person shall make or permit any ~.h'Jr·(ll:lrsoi1lt(j'make>,!w1tl1birt

127.-( I) No person shall make or permit any ~.h'Jr·(ll:lrsoi1lt(j'make>,!w1tl1birt the Alterations in water Prrl1l.i~~ion.ofth~Mincs)I1,~Rrv,YlfN¥O~p~rt,l1le,,,~,.a?'y',l\1tcrat;i8mirl~h~w~;supply supply" tJ1e,"Y~tti~f'u'pply~n)()>fr(tb.>f(~n.Yqfn~w of any land so as to pr~j,uidiGi;al.A.y~ffect I?nm~~l prohibited. or land. ' , :(2) W'(leilever,'lny aJt~r~'iion asi'1:sllbsecti6~;dj'of;ihissecdon ;I;;n~~de the lessqes benc'fi til{g~y ;'~'119jJlhr~t~~~1 ,th~:~b,~~~lC7,otp;i6(tJ' t,i~: ~Ii~n,~~n; c:9,~fr~~y<~e presumed to hav<;;n~apen;,· ii' 'i'!";' I_

128

128. The Mines Inspectorate Department shall by ordeoIn.writiag, require any Restoration person who, ill the course of mining operations, unlawfully interferes with the bank of or river bank. ,"' .' s ; _1. 'i " ,'; - .-.:: -;"J:' : . ':; _'I' '-i i any water course to-> (~) restore.thebankto the condition, in' whichA,was iln.ne<;llat~I}:',pdpFt.o interference ; ,or ., ,; (hi remake the hankiu.snch-a maanenas may·be,specifiedw:ilie.-order"'l· 129.--( I ) A holder: of a waiertic~\'ice' may apply to the 'Minihg Ciidastr~'Omce Amendment for an amendment to be made to the ~at~tlicence with respec] to--- or water , licence, (a) thcvoluriteof'watermay be diverted; '! ; , "i, (11) the leaseto observe by the watcrii~cil~e ;. .". ' ": '.' - : ;, ; :. ' -;1{ (c)thename<;>ftheholdcr;jor "'\' "T, <: I"~ (d) endorsement on the water licence. .",;'! (2) No amendment shall be made in respect of an increase in thevolume efwater to.be di -erted unless notice of the application for the increase is given in the manner , ..' '., .: ..: ' •. '. ' ) I· , "i~' , provided under this Act and !wobjec~9,n,:i$ rycciv,ed Fc0ncGn~ipgthe application.

130

130.-( I) It shall be the duty of every applicantfor:a water licence to; reach Agreement agreement with all persons likely to be, adverselyaffected by the gr<mt Rfr !3IlCjlwater or other interested licence at or before the time of mak.iog)lis arml icatiol1:Il!'I).(j to inf(n;I1l~lwMilling persons. Cadastre Office orallY conditions in the; water!~ipe.IJC~f'" if:, (2) Where 1l()a!,'1'eemeiltis reached ptirstiAl1ft\) stlbsectiori('J~'(jfthisl seetion, the IlIatter'shoirld'b!e feferr~l:I td'the Mfnist~rtM·i'a~t>roprlateabtit>n, !~fwtiel'e the 'Minist~f'slcfiOriis' tiOt actepted;;the matter shOuld'be 'tefdrredto AtbiftatiOh!'" r.·, '!·tl l 1.1'; . ~-i;\tLj'·I/",.fL-; :-rn' i';'.~i['-;:~·~j  A 524 2007 No. 20 Nigerian Minerals and Mining Act , ..• _ •..• ""', '1 CHAPTER 5-OFFENCES AND PENALTIES Illegal 131. A person who- Mining. False and (a) conducts exploration or mines minerals or carries out quarrying operations misleading otherwisethan.in accordance with the provisions of the Act; statements. (b) iit making application for mineral title, knowingly makes a statement which is false c r non dcclar ..tion false or misleading in any material particular; .. " Smuggling. (c) in any report, return or affidavit submitted in pursuance of the provisions of this Act, knowingly gives an information which is false or misleading or fails to declare in any material particular; (d) removes, possesses or disposes of any mineral contrary to the provisions of this Act. commits an offence. Loans. 132.~ I) No loan granted pursuant to Partin Of this Act shallbe applied to any Loans purpose other than that for which the loan was granted. (2) Any person who applies a loan granted pursuant to Part Ill of this Act in contravention of subsection (I) of this section commits an offence and is liable on conviction to a fine of an amount not less than the amount. of theloan and interest '. accruing thereof in respect of which the offence was committed or imprisonment for"a term of not .less than five years. (3) Where an offence under this section is committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager secretary or other similar officer of the body corporate (or any person purporting to act in any such capacity} he as well as the body corporate shall be deemed to be guilty of the offence and maybe proceeded against and punished in accordance with subsection (2) above. Offences. 133. A mineral title holder who is guilty of an offence under section ·131 is liable to have his licence revoked and on conviction at the first instance, to a fine not less than H20,OOO,OOO.OO;and imprisonment of not less than five years, if the offence is a continuing one, whether or not it is a first offence, the person convicted shall, in addition, be liable to a fine of H20,OOO.OOin respect of each day during which the offence continues. Salting. 134. A person who- (a) places or deposits, or causes to be placed or deposited ina place any minerals, with the intention to mislead any other person as to the mineral. possibilities of the place; or (b) mingles or causes to be mingled, with samp les or ore, any substances which may enhance the value or in any way change the nature of the ore, with the intention to cheat, deceive or defraud; or engages in the business of milling, leaching, sampling, concentrating, reducing, assaying, transporting, Of dealing in ores.metals or minerals, contrary to the provisions ofthis Act commits an.offence under this Act and is liable on conviction to afine of not less than H500~900.00 or to imprisonment for a term not exceeding 2 years or to both fine and imprisonment. .~ , ··...i·~ .- -. ' .- , . , "". .- .' .' ".' . <:( : .-;, " I I  Nigerian Minerals and Mining Act 2007 No. 20 AS25 (. t, '1 .' fl 'f35: A "per:"oilwhokeeps -or us'es-any'TaTse-orTrauOuTerifscale oTwelghf lor' " OSCoTtalic weighing ores" raetals ,Of, minerals, pruses.i~.n:yf •. i>r ffauduJi:FI,taS$~licale or or Fraudulent weight or enriched fluxes used for ascertaining-tbe aS$:aY vah,re.ofl1)ineraJs, kl!~.wing Scales, them to be false or fraudulent commits an .offence under thisAct and, isliable on con'victioh toa fi ne',ofhot ftss thah :N:ro(J~o60:00()r 'n'fo.retliah N1 ;OOO',OO():OO ?r to t6 b6fh 'fitil':, a:ri,diih'i>ris()~t'neHt.;''" 'iillp'risonmcnt :for a 'term not less th~il' I yeir ()~~ ',' r/i J,Y 'j"":' . 'L:i 136.--.(I)A person who falsely represents that he obtained, theprant of an Misrepre- exi)loratio;l lic~i~ce, telllp6nlry .title nJinirig;"or dth~:tif\ifiing 'tltfea'JJby. that sentation'. representation, i'n'ducesor aHerilpt~ to.induceanYperson'toIhyest t~Jjjtal (in'ti company o,r,s~ndi:ateGonnectcd/itfl tl~tcO!llpa~y,b~:f?reN~'.ac~l~l~y '~9f~~'~S th'e gr,~?t of the mnung title, shall forfeit a1iyclalmto tlfe grant of the 111Imi1gtltJe. ;'.>:. '- ", {t"j,:-r:' .' ':',( c: (2) Where a person who makes afalsareprssentationas tn:$t1bj@ct~n (I )of~jJis section is a holder of another mining title, thatmining-title ~haR~ F~~ok()d. , (3) Nothing i'I' this section shal! be cOn'struedas preve-ntmg a' person who .rnakes aJalse.r<tprcsenlatioll,fromi1!eilitbi t()'ciMHactil1Jl,or:a-crift)~al proseeution in respect of the representation.

137

137. A persori-whowithout la\vfu~ aUfh6rify wiltully breaks, defaces or removes Unlawful or in anyother.way.interferes Withanybmllldary marl$.•.beacon pillan 0(, post erected interference. for any of the purpose (lftbis Actor post erected for aRYiAfthe purpose @f)this~(jt or the regulations made under it, without necessary Clpprovalor authority uu51e.rthis Act conimi'tsan'offerice .• ' ',' I" ".' ";':' '~' i(,~ " ! , i" .' l)Anype~sollwho ,].1~;-( without lawful.causc-> . Obstruction, (a) interferes with or obstructs any mining or quarrying operanbnsauthcrieed by or under this Act; or , (b,) interferes with-any machinery, plant :~ork orproperty on" in ullper or over lanqjn exercise ora rjght.cpnferredby qr undl!r:thjsActc.ommit~.l}f1offf'wqt;. : (2) A personwhocemmits an offence i.IDdetsectionJ37and subsection: {I J of this section is liable on convictian=-, , "i' ", ' ,I' (a) at the first instanee, toa fine not exceeding ti~QO,OQO.OO or to iJ}~pri~~I)~ent for a term not exceedi ng 2 yeafsJ)1' tobot~ the fine <!If imprisQ"~e~t; and (h) at ~ second or slIPl'eq)l.entoffence, to i\llw~~oIlPJe?tfQr ~ terry notyceeding 5 years or below 2 years. ,: (3) If the offence is continuin~one whether or ~ot it isa first offence, the person convict xl shall, III additio~, b~liabte't'~ ~ fihe I 6'fN o:d66:o0·ih respect of each day or . part of a day during which the offence.continues. 139 •.;w:('I') Where an offence under thii;;;.\\ctor under the. regulations made there Offence by a under is committedby it body of.persons-v bedy of persons, (a) in the case of a body' totporat~; other tHan 11partnehhip,every director of the body \¥ho,k>o~ part in ttle management of ~l!.bodyshaJI, be dp~me~}p be guilJ:Yof tha; offence ;;~Ild ' .t: . ." i\  A 526 2007 No. 20 .Nigerian Minerals and MittingAct (brin the case for a partnership, every. partner or officer of that body shall be deemed to be-guilty of that offence. (2)NQthing in this section shall be construed as exempting any personwho actually committed an offence, under this Act from the penalties provided for the offences committed by him. . . Offence by l40.--( I) Where an offence under this Act has been committed by a body body corporate or firm or other association of individuals, aperson who at the time the corporate. commission of the offence was an officer thereof or was purporting to act in such capacity is severally guilty of that offence and. liable to be prosecuted, against and punished for the offence in like manner as if he had himself committed the offence, lin less he proves that the act or omission constituting the offence took "lace without his knowledge, consent or connivance. (2) In thissection and the other provisions of this Act, officer-s- (alin relation to a body corporate, irtcludes a director, chief executive, manager and secretary ; (b) in relation to a firm, includes a partner and other officer thereof; (e) in relation to any other association of individuals, includes a person concerned in the management of the affairs of such association. Dispute t 4 t .-( I ) Any dispute arising between the holde~ of a mineral title' and the resolution. Government in respect ofthe interpretation and application ofthis Act, its regulations and the terms and conditions of mineral titles shall be resolved, in the fif!Stinstance, on an amicable basis. (2) Where the dispute is in the nature of a bona fide investment dispute, and such dispute is not amicably settled as provided under subsection (I) oftliis section, it shall be resolved in accordance with the provisions of the Nigerian Investment Promotions Commission Act, Cap. N 117 Laws of the Federation of Nigeria, 2004. (3) Any other dispute between the holder ora mineral title and the Government shall be resolved in the Federal High Court, if not settled in accordance with the provisions of subsection (1) or (2) of this section. Jurisdiction t 42. An offence under this Act and the regulations made under it shall be tried 01' th Federal by the Federal High Court. High Court. CHAPTER (r--:-MISCELLAN~OUS :\,,' PROVISIONS ,.,-./ , l. x po r cr or 143.- ( I ) An exporter of any mineral shall-» mincn.ls to make Ca) before-the mineral is entered for export declared on the appropsiate customs declaration. entry form the State from which the mineral was extracted.; and etc. .(b) on demand made by the prescribed authority, furnishthe information relating to any 'mineral which the exporter has exported under paragraph (a) of this subsection within the time and In the man net as may be required. (2) A person who does not comply with any of the provisions of subsection (I) of this section, commits an offence and is liable on conviction-  .:"J!P.. . '. '. !f'JO'j'.~ (2)A person who fails tocomply.with theprovisions of th is section commits an, offence and is liable on conviction to a fine of not more than NIOO,OOO.OO and not less than N50,QOO.OO.

145

145. Every mineral title.itemporary title or.mining.leaseshatl be'bll>~n4~d by Boundary. vertioa I planes from the' surface boundary lines drawn downwards to. an-. ' unlimiuddepeh from surface. ·146..:........(1) An officer of the mmistry authorized in that behalfmay.arrest without Power to warrant, any person whom he finds committing or reasonablY' suspects.to have seize, committed an offence under this Act or regulations made Wilderit an~ mayseize-> (a) any tool, implement.or vehicles uSt;q in committing the offence ; find (b) any mineral won illegally. (2).A person-arrested and the items seized, shall be kept.in.the custody-of the Police and taken IwithirJ!48 hours before anappropriate Court and·,jf the.person 'i~, found gumy. heshMI in additionto.eny otherpunishmel'ltfprovidedrfoa; underthi~~ct or any enactment, forfest theseized items to the FederalGoYtel1Oment : '1: t: (3) The Mmes Inspectorate Department-may, ,by notice iii\' writing. requ~ any lessee, I)r any person employed by the .lessee or, holder toappeerbefore.the.minea officer at a reasonable time and place andgiveinformation regarding:miniog,pperatio~ in or about the area of the mining which he possesses, and the lessee, holdencr.other person sh~1Icon~ply with the notice and give thtf,infprmation. (4) The Mines Inspectorate Department may.•by-order i,o.wl'iting.,direcuhat pro~p~ctingor l'l1,iNingqp~r~tio~s be spspt!nd~d i~,tcn,~~7a,y.:~eth~r it is ~~e~~bj~ct ~f a mmmg lease o~(:xplomtu.)n licenceor not, untJl.su<;harrang~.nenfs as are In his opinion nec~s~f>,to Pftt:v~W,Q~ng~rHiiJJ, i.rpr~~~.~:~~ ~0'c6mpH~hbewith the ~~~ are made. . '.,'" '. ., , , " '. . I:' c. j,rd;'" .:; J,;:I).J!.~: .j; ,.,;;',1:",': ~'u:~> ,l,/:, ,_ ;,: • .(S),rhe~iresi Inspe,rf?fat~ ,~epa.rtl11e~lrriay; ~~n~eI.o.r ~a,~,t~e t~~s of any notice or order Issued by him under subsechoJ;l (4) ofthl~ section;':" '" -t, I . .' i f. • . , " '~"" I (f» AI10rder made under subsection (4). of this section shall lapse after 14 days of its is"mance, u~lessit is confirmed b)/ the Mines lnsp'ecttifate' ·Oepartrtient. ;f '!t .. 1  A 528 2007 Np.Zo- Nfgerian-trIiner:a/;\' and Minf.ng Ae« '''I Trans!':r or 147.-(1 )Subject to subsections (2), (5) and (6),ofthis'section, anth1eraltitle:is Miner,,1 transferableunder this Act subjectto the-approval-of the transfer by the Ministe,r, and tit Ie. registration of the transfer with-the MimngCadastre.Offieeas provioed·rnst.duections (3) ancj(4) ofthis section. (2) The rights arising from a.mineraltitle or permit that are transferable under this Act can be wholly and partially assigned, sub teased, pledged, mortgaged, charged, hypothecated or subject to anysecurityinterest, (3) The mineral' title holder shall make an application' for approval of the.transfer , of a mineral title-to the Mining Cadastre Office in the prescribed form. (4) In the application for a trails fer of a n~inilJg title,thel~older shall provide to the Mining Cadastre Office such details of the assig;iment or transfer as n\'ay be required together with anyotherinformation that the Mining Cadastre.Officemay require. (5) The Mining Cadastre Office shall approve a transfer of a min~ral titl~under subsection (I) of this section if the transferee is a qualified applicant, provided that the appl ication for transfer shall be deemed automatically approved if not acted 'upon by thc Mining Cadastre Office within thirty days from official receipt thereof, (6) The approval of the M iningCadastre Office shall not be/required! for an assignrnent'to an affiliate" where the obligations of the affiliate are guaranteedbythe. assignor Or by a parent company. (7)ln the event of the death of the mineral title holder the laws of succession shall apply. (8) The transferor of a mineral title shall remain liable for the performance of any obligations arising' out of acts Of contracts made in respect ofthe M ineral title Area, including-envirentnental obligations,incurred prior to the date of'the.traosfes as-well as for any claimsfor damages-or injuries by bona fide third parties. (9£)Where-the transfer under-this section is-in the nature of a security interest, the holder'of-themineral title shall remain liable for all-obligations in respect oCthe Minera! title (jfftil'thtdilter in time of redemption of the security or the expiration of:t1Je Mineraltitle. 'r'i" (10) No mineral title or rights therein may be assigned i6 a pel:;;,o'llto'Wliom 'tlia't Mineral titlecould not have been grantedunderthisAct. Renewal or " 148. Wherdthc,holclerof,a f\1i~erartitle applies'duri!1g1he'bend'ency?fhfs'fitle' VI incrul title for a renewal of the Mineral title: tli~ current Mineralt;t1e'shall remain in'force ill-ttlf'ihe date of the renewal of the Mineral title or the refusaloffl~it appliCation. .I' ;':: >or", :;-111 Suspcn ion or 1~9.~ (I) W,ithollt prejudice. to al~y othe~p;(),vi,sion~,of thj~rAct, upon the Mineral title. written approval ofthe Minister, the Mining Cadastre Offic~rn,ay'suspend a Mineral ,;'.':-'~i-,'-' ~'" :: "-,'" ;.-:~·,~ql-:"1'- " - . title for a period not exceeding sixty days 'if the holder~ (a}fails tomake any payments required by or ~ndCrth'is Act 'onthe due date; or i' -.:- ,-.- , . .,- ,c-.,· . .-,. , (b) has breached any condition of the mineral title; .  Nfgermn,Minerals and ,Mini'flgAcl "-~,,.,. ' •• ',; "'~"-"' ••.• '"'--,_,- •••••• ~J .•,.- ••,•.•• , .-~"'~,' ..•.,••.• r" .•~_- .•.-".•_~ ...'-,. -,;,,<," •.. ,,-- ', •. __ ••..• ~, •.••.. '. '. '(£')'has!contr.aYer/edl:;tny'~iSiOfts;()flJl~~ct;hf')f_( 'I: Ie!;:', I,_) - (d)' has failed t6'cOr\1pIY' ~itf{any'ja-Wfllt order'trveff jn ct'fhh~tioti--WifW'his bperatl'ons; . ."~,,, ,'. _._ <;. '",'; "'::,,',i " ',i,,",!;, (e) makes any statement t~ the' MiningC~d,astr~ Office which he kn'oW's or "bl'gh'ftO have 'kn6wi1 tobe'fal§'e : or '1,'.' ,',', ' "' , ' ", '(f) 'for al~Yreason 'becol11e~',,~~iigibie,toapp(y 'forq 'NI,iwral' iitl~ un1yr'the provisions of this Act. ' " -' .". '., ,', '. ;;',:j,i' . GDA m ineral title Sll(!jjV\llybe sus~ridl!daJft~rt~lilj;y:pj!;y,sJil()tic~Q.f thy j/l~e!)tion to SllSP<nd the Mineral title containing in detail the grounds thereof is given to the holder and dutirig th'el)criOd flxcdthe hblderhaf'fuilecl td refue<i)f'the breach or remove the grolln'ds:ror slispensitih within the requited p-fu%d:" i) .'! i; j , . 150.~( I) The holder Of4 mineral title may, upon ~ppli~9tjM iJ1 th~ prescribed Surrender of Mineral title, form and manner, and upon meeting prescribed conditions, surrender the Mineral: title, it!{;! (2) The Minil)g Cq<ia&trq;.offic~.s~1A,qpWQye an iippljHatiQIl J}W~1f "~q~L sl!bsc~ip:B I-:Qfthis: ~ec~ionto Slll1enderthe ,rUin~mltit\e.ifh~is ~a~~fieP;~lwt'0 , ., fa)' the ,hOlder of thernihetal title has submitted.the req"eS'tfdrsuroettdttl',~n :the' prescribed fon~l and}llan\1er ;}:. ;~j (h) the surrtjnderwUl uotatTectany,liability,in9#'£ed by the tW~eral*~ hplder, before the surrender of the Mineral title, including environmental obligations ; ,i-.". ',i ':t·,_::;_.:~~'~";;->-';T~!(;·).;.-il.'- I. Id; BP~1yr9.0he 1,_ oi (c ) all rents due and fees prescribed, if any, have been p:ai<iRY:~~m, mineral title; and - .J" :', .: .. ,-"-r .." ', .._ .... : 'j ! " ' ~.. _":',' -, ;,:,. .~') r ..... ' -i ' .. '. :, • (d) the holder ofthe minera] title ha';' sl'rre?d~redjtlie,?~I~ip?I)iiJ~d~c,pjBfl1t, 151, Witllo\.lt pr.cjudiGe to;thepowt;ro(tb~,M,~~i,ste~Jo4e~f\1in~;\I!\~!.1<trAI title Revocation of Mineral in any other manner, the Minister may, revoke any Mineral title if-:~:;/)p>' title, ,{q ),tb/;:,hql<J9f i& ~oni\!i~~~ PY"~lY!c,t)l,Ir,~qf'!-OmMt~flt-j,lmisqiq~im f9nap,offence UllderJhi~N:t or its H~g~IMjOJ:tfoa,~ tn¢; tirne.mr ilW~lilJ& flg~il1ljf!lhe,cQnyj~J~o~, ifany, has lapsed or the appeal has been dismissed or withdrawn Pf,~tnlqk. o~tJQr, want of prosecution ; •(l?;)We hq!~~r~~re~f!Il~~,f1nXBWJ,i.sio'?9ft~i!i,A~~?rr~~\Jlat}i?'?~'V1a,~ Jl!78f any ',',te~n~sRf ~9rqit}8n~:o,fht~)~1i11m'ttHI~j'Y~r!t~xre,~Hre:~fiimil1m~I~~)/fI"'U,bCo';: (c) the holder breaches any order or notice issued or given lInd~Mhilllf..-Pt.P~} regu.ations made under itor on being requiredby the Minister by not~c~to show htl~e'wit1\l:hatJime 's'ptcifled' ,hI the' 'notice Why 'tH~rYfiHerai'{HIe s'hbufcrAot be h!vo~ed,theHdttler ;fai1stb' cdrHI11Y'Or :shb\Vatkqu~te;8iiilseJ; j',! I,.;;."!, i cr.' 'j;I, LJ r~i~l~~a(i~tI9;;lloMF~ ",:!!' :(d~::~I1~ ,9t',f!i~"i~~: ',b~f?re,~,k~J,~~pr[f~i,~~; ~t!hB' l!b~iI~~;: surrenders the Mineral title in the manner prescri~~f!,i.()rniri) :;1;1, "'<!r';C: F . (C;) the Holder is declared bra Court ofcompetentj ~risdiction to be Insolvent 'or b~nkfupt'or gde~ idid' lJis'6IV~nniqllidarion; except 'as'pai't&,dcfielbe for reorganization, iUl1afgam8tfo\V or aTl'ahlitigemerrt"Witlii'ts 'cr&ditofif; " ;'; ;,'!' " i  .;, . .i- ;.•••. , ' . .", i.l ,~,,' A 530 2007. No. 20 " 4 Nigeriafl •MJnerals an4~!~i~Jf·.;f(;(· '~;'l .. ;..~., .••,.:.". ". "' " --.·-i).~,~--:-;~'.:,.?;'!.~~~~' -,: ~."~"' .' . (f) the mineral title~s-hetd jointly by mote.~person and the provisions of ~ubse~tiprO,)(ql.of~is~~n .applyt{lany9,neoof th~joim holders unless the other joint holders are able to assume the obligations of the former and adopt measures which will guarantee the performance ofthese obligations; '(g) no progress is inade in the organization of the Mining Operationsin the case of all Mineral title other than, a Reconnaissance Permit by the epc:iof the period provided for in the Mineral title; (h) in the case of a Small Scale Mining Lease or Mining Lease, the holder wholly discontinues operations under the Lease during a continuous period of six months. (2)A mineral title shall be revoked upon written advice of the Minister and' after thirty days notice of the intention to revoke the mineral titl,e containing in detail. the grounds thereof is given to the holder and during the period fixed the holder has failed to remedy the breach or remove the grounds for revocation within the required period. (3) Any notice issued by the Minister and sent by registered mail to the last known address in Nigeria or given in person to an authorized representative of the mineral title holder!n 'Nigeria or published in the Gazette; shall for all purposes be sufficientnotice of the revocation of the mineral title to the mineral titleholder, Delivery or 152. Upon the revocation of a mineral title, the former holder thereof shall documents. deliver to the Mines Inspectorate Department responsible for the area-s- (a) all records which the holder is obliged to submit under the provisions of this Act and r~gulations ; . . (b) all plans or maps of the area covered by the mineral title prepared by the holder or at his instructions; and (c) sucb other documents relating to the Mineral title as the Mines Officer may request. Notice or 153. Uporrrevoeationof'a mineral title, a notice in theprescribedfurin requesting requesting the delivery of the documents specified under this section shall be sent to the former delivery or mineral title holder. documents. i54. The failure of the recipient of the notice under this section to deliver the Failure to deliver said documents, within thirty days of the delivery of the notice shall be an offence documents. under this Act Continuing 155. Notwithstanding the revocation of a mineral title in accordance with this oblicu-ions of Mincr.il title Act the mineral title or Permit holder, shall remain .liable for the performance of any holder. obligations arising out of the mineral title; including environmental obligations, incurred prior to the date of revocation as well as for any clairns for diimages or injuries by bona fide third parties. Appeal of 156. The decision of the Mining Cadastre Office to revoke a mineral title shall Revocation. be subject to appeal in accordance with the provisions of this Act. . I I  -. , ~i ~, t.llgefia~ Minerals and Mining Act ".'._-_._- ott" - .. ' •• ,. . "'.531 157.~(l ) theholderofaMin~di l'itli may a-t"*nytlrriid~r1rigth~'p6ti~<i(jfthe ReJiq'uishm'ent validity of such Mineral 1itle;upon application' to the, Miriihg'CadastnrtJfficein'the of part of Mineraltitle. prescribed f0n11 al1dmllritletand ~pon meeting prestrilied c(jhditioos; reHnquish the area or part of area coveredby u,emineral title,provi~\thegeometry and dilliensions of each 'surrende"red~el:l sJialls~t.isfYrJh.~;pres9ripti()~~Of.thi'~~~~ ~/1P its.:r~gulations, (2) upon relinquishment of the area or p~rt of'the area cpvered'by'tl1emmeral title in iceordanoe .withthe provisiolW, 9f 8uPs¢cti9Jl. (O, ef this seetion, the fees payable on thebasis of the area, co.v~red'Qythe'mi1)er:al,;tid(! ,snaH/be ,a,(ijusted proportionally taking into account the area r,elllllquished. ' ' (3} The relinquishment oftheateu>rpart of the areacover-¢dbythe mineral title s,hallnot affect the duration of the mineral title. , (4) the relinquishment oqhf. areaor part of the a~eashall'riot'af.Tect~rI;yliability incurred by the Mineral titl'e Holder in respect of the area relinquished,prlor tot,he rd~~ql!ishnlent,including environrnen~l,ob'igations.' '. ,",

158 — ( I) The holder of several.mineral.titles whoseareas are contigudus may Contiguous

158.-( I) The holder of several.mineral.titles whoseareas are contigudus may Contiguous at any time during theperiod oftb~yalidityqf siJphM ineral tithf~J,lpo}~app.lication to Areas. the Mining Cadastre Office in the prescribedform anql1JannMCanQ.u~lllt<eting prescribed conditions, consolidate some or all of the;cQlJti~~,I,Is,are~s~<>,}/er¢by the min -ral titles under a single one of such mineral titles, provided the geometry and dimensions of the consolidated A'n!a'shatrsaii'sfy the' prescriptions ofthililAct and its , " regulations. ' . '" (2) After thccOllsolidation ,ofO'lin!!;raititle areas,unde{Subs~ion.{I.)"ofJbis section, the validity of the resulting-mineral title and the.~upfacercmts·payable fOI1the new area shall be the period o[tbe, validity and the surf-ace rents.payable for-the oldest of the mineral title whose area was-part of the consolidation,

159 — ( I ) A holder of a Mining Lease,srrihll Scale MHHhg Lease'; a:ri'd Qwmy Abandonment

159.-( I ) A holder of a Mining Lease,srrihll Scale MHHhg Lease'; a:ri'd Qwmy Abandonment .Lease intending to abanGon or permanently cease. production from the: Lease Area or Permanent Cesser of shall providea written notice to the relevant departments established under-this t\ct Production. three months before such ill.tendedabandonmentor~essatjlHt ofprodtl~ton,Acopy of such a notice shall also be given at the same timc'totbeiMinillg C~str.eQff~. (:) The notificationsballbe accompanied, by a report outlining details of the il1te~ded abandonment-or permanent cessation ofprodeetionand thereaaonsthereof together. with a,pJan,'showing thtl,werkings ofitbe Mine, upt.Gtne JtfmeJ~thenQt.ce. (3) Upon receipt ~f the notice in the prescribed form the reieVant'i:fetjattrnent shall ,make apprQP{ja~crecol1)meq9ations ~q,the Minister. 'l,Vith )!'~ar,dsto the abandonment plan. ",::1:' ,,;,t c' , (4) Uponreceipt ~fthlsreeommendat401'1 the"Mtrdster.'shali ,withittftet1:days cause the matter to be inveStigated:' :,~I ,", ,.': , (5) After investigation of the abandonment6r:~er'rri;an'~nt'~gssat1on:ofthe preduction, iftbemincl1lll title.,holder mailltWmthe notice, the M,ning~ada8:tre Office shalltake note oftheahandonment'Q~ qess.tWo~f'toduct.oJ), 'il > 'i~"  A 532 2007 No. 20 Nigerian Minerals and Mining Act (6 )In case of abandonment or permanent cessation of production within the title area, the mineral title holder shall- " • . .' (a) securely se~\,fence or cover every mine shaft and adit ; (b) make safe.alltailingsand water retention areas; and " (c )demolisll,ferice or lock all potentially hazardous buildings, structures, plant and equipment. (7) In ease ofsllspensionofproduction due to weather, labour situation.market problems or other reasonable causes, the mineral title holder' shall inform the Mines Inspectorate Department of the situation as soon as possible: (8) lf thesuspension exceeds three monthsethe mineral title holder shall send a notice to the Mines EnvironmentalCompliance Department stating the reasons for the extendedshut dowry of the mine and indicating the measures taken in respect of site maintenance, or ifabandonmenf is contemplated the measures that will be taken in accordance 'with the Environmental Protection and Rehabilitation. Pr6gram established under the provisions of this Act in the eventuality of the title 'being transferred to a,new operator or surrendered. (9). Therequirernents to be met and the procedure to follow in case of abandonment, permanent cessation or suspension of production by a titleholder shalt 'ffe defined in the regulations. Geological 160.-(1) For the purpose of determination of the characteristics and • Studies and undertaking of an inventory of mineral occurrences, the Minister may approve the Mapping. conduct of geological studies and mapping of the national territory by speCiillized agencies of the Government, without obtaining a mineral title, on any land that is not closed by any other law, provided that if such activity is required to be conducted in an area subject to an Exploration Licence, a Mining Lease, a Small Scale Mining Lease or a Quarry Lease, a written notice of the proposed activity shall be given by the Minister to the mineral title holder. (2) Educational institutions regulated under the laws of Nigeria may carry out similar studies of a scientific nature as provided in subsection (1) of this section without obtaining a mineral title on the same condition as specified for the Government in sub section (1) of this section. (3) No-agency or educational institution authorized to perform any activity described in subsections (1) Or (2) of this section maybe granted, directly or indirectly and for a period of five years, thereafter, a mineral title on any land where studies have been carried out. (4) Where an agency of Government or an educational institution undertakes scientific studies authorized under subsections (I) and (2) of this section, compensation shall be paid by the agency or educational institution to the User or Occupier of that land or to the holder of mineral title to such land for any damage to the land or any property therein. (5) The compensation payable pursuant to'subsection (4) of this section-may in default of an agreement be claimed and determined by arbitration and shall, iR case of  Nigerian Minerals and.Mifling Act ASJ3 any disturbance or damage 'caused by any employeeof Governmenter ~y staff or student ofthe educational institution, be payable by the,Government or the educational institution as the case may be, ,.. ..,.

161

161.- (I )The Minerals and MiRing Decree No. 34 of, 1999 is hereby repealed. Repeal of t.e Minerals and (2) The repeal of the enactment specified in subsection (I )ofthis section shall Mining Act, notatTect any thing done.or.purported to be done under therepealedAct, 1999.

162

162. Any person who, immediately before the commencement of this At!t, was Savings in holding any office towhich appoi~trrients may be made uilder thisiACt shall continue respect of office in that office and be deemed for the purposes of this Act to have been so appbfnted. holders.

163

163.-(1) Any personwho, immediately before the appointed date, was the Savings . , '" . If': I _ . ., . . ", r("':'. ,'; ," r, . ,; Holder of a right or a lease or a licence under the Repealed Act'shall be deemed to provisions in respect of have become on the appointed date the holder of an, interim ri~ht, lease orlicence. Mineral titles (2) During the interim periodtheholder of an interim right orlease or licence is granted under thc Repealed authorised to carry on the opetations which he was authorised tocarryonimme<\iately Act. before lhe appointed date under the right, lease or licence of which he was the I1QWer; and in carrying on those operations tbe holder of the interim right. lease pr IW". n~llhall in nIIlpCctofthose operatioes enjoy the same rights and be subject to the same tldblJltiell as •... ". ",",' ... :..... ',! ," " .' r- .. ".. ..' , ',,' f ,.. ifihe Repealed . -. .. Act were' still in force." . . , " (3')The Holder of an A Small-scale Minmgi..ease ; or existing mineral title under theR~~led Act shall .immed.jately upon~ commencement ()fthisAct, IlPply for ahdlleernitled, as the case may be, to the grant of- (, ) Reconnaissance Licence; (b) an Exploration Licence under this Act in respect ofthe area co~ered by the interim rj.ghtor licence; (c) a ~maH-~cale Mi'ning Le~~e ; . (d)a Mining Lease; or (e) a Quarry Lease. (4) A mineral title granted \tIldersubsecoot'! (1)·0( this section shall.be deemed to ~"e b~en, granted on th~~a~ 1.)11 whjc~t~emjoera/ti~l~ ufld~Wthe ,~~~led Act In .was lP"l;lpteq,aJId.~U r~:ma,i~ force:•.subJ~ct, ti, t~;rS'Act.for a ~r,t~de.<;t~al.;,?the unexpired period of the .minera.L!itle under that ~c~.; :r(5) A Small Scale.Mining Lease.granted under subsc:.ctiot'!(0 ~this section shall- , . .,(~),~emain .in ,f9n;e,.subj~ct to this, Ac~ .fors~~ ,~jod, .rQt ..~~ding the unexpired periodof the I))ini~ Ijcenceor)~~stf .~,~~Qh.f~rrail]ed~qhe~pQilJted date. or the period of fi,ye years. whichever,W)OOler "an4" (; r., . ' •. (h) require compliance' with the programme otdeveJopmeD\ ~ miningtmder the Repealed Act. ,',' ,~., . q,; c- "l "'"f" 1 i, • 1.  A 534 2007 No,'20 Nigerian Minerals and Mining Act (6) A Mining Leasegranted under this section shall-> (a) remain in force, subject to this Act, for a period equal to the unexpired residue of the Mining Lease held under the Repealed Act; - - - . ,h) require comptiancewith the programme of development and mining under the Repealed Ac1;; (c) require compliance with an Bnvironrrrental Protection and Rehabilitation Program drflwn up by the holder of the interim lease which shall be approved by thejEnviron,m~nt Compliance Department established under this Act and shall forrn part oft~e conditions oftheMiningLea~ provided that- '., ;,' (0 it meets t1~erequirements of this Act; and "" ' , (ii) if the 1\1ines Environmental Compliance Department considers that the program does not meet the requirement ofthis Act any requirements, the 'matter or matt~rs'in dispute shall be referred to ~n' independent expert chosen by agreemearbetween the Committee and the holder of the interim lease.whose , decision 'Sl'iallbe binding ; and in the-event that,the:Gommittee and the interim holder are unable ~t6'agree on the choice 'ofthe-expert, the expert.shahtbe appointed by the Chief Judge of the PederalHigh Court. -: " _ _ ,_'::', " :.- _. . '. _ ,;~ '_ _ .: J't),,'; _ jn (7) Where the holder of an interim lease who, immediately beforetqf a,p,pointed date, held a Mining Lease under the Repealed Act elects to apply' for a 'Small Scale Mining Leaseunder this Act, the Minister may, if the holder of the interim 1ease has • before the appointed date been carrying on mining operations on asubstalfttitlllsl:alb, direct that the applicant apply for a Mining Lease and in any such case the'ilrovisitjns set out in this paragraph shall apply as though the holder of the interim lease had elected to apply for a Mining Lease. ' (8) The holder of an interim lease who,.immediateiy before the.appoiateddate, held a Mining Lease or quarrying lease for building or industrial mineralsgranted under the Repealed Act, may apply for, and shall be granted, in respect of the area covered by his interim Mining Licence or lease underPart XI bfthisA~t:a~uarry Lease. (9) A Quarry Lease granted under this pat'agr,apll~ " ; >'(a),stlall be granted for-such period as may be a.PPlied for.butnot exC'eeding the unexpired 'period of the mining licence or lease which remained at t~ej!pPQinted date, .or the period often years, whichever is greater; and ' }" i (b),shaU notderogatttromthe compliance requirements attached to die mining licence or lease granted under the Repealed Act. (t 0) Thehelderof'an interim tight or lease orlieence forwaterwho, immediately bef6\"~'ilieapp'&inied'date,held a right, leaseor!:icence!fot: water granted'uildt!t the Repealed Act may apply for, and shall be granted,in respect oftheartieoveted by his interim fight~ or lease or licence a Water l),sePermjt. (il ) A Water Use Permit grantedunder' this sectionshall begrarii&ifor a~ long as the Mining Lease, Small Scale Mining Lease or Quarry Lease for which-use it was granted remains valid; and shall not derogate from the compliance requirements with  Nigerian MineraL~, and, Mir!if.!&,(!.ct 2007 No..' -:ZO i ", : A~35 .. '. .' '".' .' -;. I.'.,' "';', I.i" ~j _. .' ~:~' I (If., the conditions attached to thewate;~igi~t,T~;!~e m !ifync,e ~nw~~q ,I;I~d~r"~h~R~pealed Act. "q ',_,p' ,iV,:','" ,,ci'in;, .. (12) During the interim period' and'mereafter/i1fthetmnsfulll'rrati0pJiihas:been effected iflaeoordanc~with !his >Mt, tlie ngl~lftij!reQrJic(:mc;v ~k1,UQder the, Repealed Act shall be adapted to the geometry and boundaries introduced bY,t~,MilJing Cadastre Office and sh~!l begranted su~j\!Ht;~o!~p~,p~oced»r~~ flRP r,~q~if~rrents of the Mining Cadastre Office, including the payment of the rental and oth<tJ' f!,\cs. '.j" ,···.1' t 1·64. In this Act,ut:JJess,tht::!:coJ)~ext'Otherwit;erequireffi ' Intcrpretation. . .' ~1',\;;:·"".;·,-.": .',·..• 11.·,'-. "Access Order "means an order issued by the Minister to the 'Owner" Occupier, br (Js&roffrlHoto'tbhtpd HIe LIseI'or'occupier:ofHmd su~ct t'o\fh~mifl~~l title to give the holder of the mirreraltitle ac&es~futh{(lllrrd'f0\<1Iiee;ter61~e '(1Phi~11ghts under such title or.permir ;:,. , ,I, ,.,:.: } i,',,,'C "'Hi"If,' , •• ' : "~Atlhivjdi ",rncmdes anyioJ'mi;ofmjne~.deposjt\ 'Otnei',.'than"eatlbOiraceous deposit; .whiolrdoes 110tfat! wi~hin the Mrnition. of~,'iL'1lde"~;t., '_ H "Application" means an application for thdgranforsurrerider ofiiMlhefWtitle made in accoraancc'l.¥itMhi$ .Abtt; I, .",! , ,i ,i, "Arbitration "" Jll!Ieahs,arbitratipn in -aecordenee. widt',lhe A~ration i and ,'Conct!j.Mion Adt:'(Chapter t 9'ofthe Laws ofJlhe F~Q1t;Of N.igicmaj ,L~); . r, '''Aiifsdnelt Mtn;ng"rri~s-Mi.riingiOp'eratiOns' fifultetft6itM UWfjzati~n'of'non mechan iseClitheithods of redorinajs~nc'e;e*plotati(m, ~lt'fraet.fulrj{haprOOessitlg of Mineral Resources within a Small Scale Mining Lease Area ;. ";, i, '.-.'"" il:' , ."'Senlificirl1ibH •,:tril:lalis'ttleditllihing arid se"arntirlg\of Mineral erelrt'fO 'Valuable stib~tcin6es 'oHv~ste tiyanyl Of.it 1Va'flety'oFt~chnit)Hes;' j, n Ii'!,! "'."C(}ml?a,!ie:\:)a~dA{(iedM~ttJ~~.'f1~tJ'/N~~ns'fh~,~~mp~n~e]s~~~~IJlie4:v'~tters Ac(Ca.'C20 Lawsof(heFed~ration\<.Jigerili;.2'064;i'" I,J,I"r, '~h<>I' --' .. ' p·'/ .. !{I- ._. _('~. l:.I':!;!), .,.,: !;..;~I','·.d{;~i!\jl.Jl~!j~ld\~_t\hJt.:"'.,.:L.jLd: . "C9,l1!mittee "q~ "the tvtim~f~I,Rf!Sqllrc~~ l;\nqJ~!1vjr.a,mn~mal(Mfm~~e,lJIent Committee" means th~~QlJ1lflitte~ e~tp~lj.'ihe~ lInp~rs~cti~H,19(J)9f~~,\lj&Rt; "(:o~rt" mean,!!.any du Iy,cpnstitlJ~,ed c,~wrt.i~tpl! Feder~l Rel?u~I}~\ofN igeria, other than a Customary Court or an Area Court; 'I :-;~':' "Days" means wor~ing,days,; '" \\ "Direetor-Genera It',' means the .Oireotor-Generel, of 1 the 'MiWDg,'Cadastre ap~ifltedunder,thisAct;. " " "Environmental Protection and R'ehabiiitdiion "'trIc:!ai1s'thef!nvirortMental Fund Protectiori 'arid' R\ihabiJitat1ri'ri Purid esfabllshed' under' SllbSeCtibU tl). of section 12Iof,th4sAct;' +r : ,',', '~Envi"o'nm'enttit PtotecUur( ttnJ'Jfehabiliiation~,.ogf';aift·" means the EnvironrnentalPr6tectioll'atld:RehllbiJitatiOnPr~rain ~ llibepro\J!ided \tQder this' <\:et;, ".,,' , ,,1 ',,', : t ; •• ,' ,,' "Exclusive Economic Zone" means the E~clus..ve; E~on(jniiC2;orie,otNigeria as defined hi the' ~idusiveEc(mofTiic ZQt'le Act; Cap. Hi 7 t:a'w~iof Federation of Nigeri~; :' .: " I:, <, " """,, '.' ."'--;·1 ;  A 536 2007 No. 20 Nigerian Minerals and Mining Act "Explore" means the operations and works aimed at the discovery, the determination of characteristics and the evaluation of the economic value of Mineral Resources within an Explosation Licence Area; "Expfol'dti()lt'Licence Area" means an area th1\t is the subject of an Exploration Licence; ..ExptoratioliLicence" means Exploration Licence granted under the provisions of this ACt ; , . ',' . "Exploration Operations" means the operations and works carried out in the course of exploration ; "Federal Mj.nesOfftcer .. means the head of the Mines Inspectorate Division of the Federal ,Ministry of Solid Minerals within a State; . ., "Gazette" means an Official Gazette ofthe Federal Republic of Nigeria; "General Register" means a register maintained by the MiningCadastre Office in which is recorded applicationsforMineral titles which do not confer an exclusive right te relevant.Mineral Resource; "Government" means the Government of the Federal Republic of Nigeria; "Holder.of.a Mineral Title "means the person to whom such Mineral title was granted and~wherea Mineral title has beenvalidly transferred, includes a person in whomsuch Nine'1'ltitleorapart of the rights t~eunder has become vested by assignmentbut does not include a mortgagee or charge or a holder of a security interest thereon ; '. "Holderofa right of oc;cupancy",mea~s <1pers9~:entitled to a right, of,occupancy granted or deemed to be granted by virtue ofth~ YmdVse Act, Cap L5" Laws of the Federati?!, of Nigeria, ~004 andinc1udes any person to whom aright of occupancy has beeilvalidlyassignedorhas valldtydevolved on the .death of a a Holder ofa right of occupanbYbutdbes not include any person to whoin right of occupart~yhllasibeen sotd'Or transferred-without a valid assignment, nor a 'mortgilg~el~ ~st1blessee'or\sub under lessee' thereof; "Lapidary"means an operation established to engage in the cutting and processing of gemstones ; ." ;'.; "Lawful Occupier" in relation to any land 'means a person who is in actual occupatio!'!" of the land or any part of itand where there are more than one person, means that one of them who, is the owner, or who is responsible or w..ou,\dbe so responsible if the land were letata rent or otherwise occupied in circumstances in which consideration or damages for such occupation would be payable.'; "Lode" includes any true mineralized fissure vein, contact vein. segregated vein, bedded vein,metalliferqus blanket, stock word, such irregulardeposits as conform ' generically, to the above classification? any igneousr6ck,'<;~Q1f1\ning metalliferous or radio active mineral when work for that mineral, and bedpfany mineral, including bed of ironstone ; . ::Mi~e;:~hen u~ed as ~noun, means anyplac,e,exc~vation or worki?~in;9r on which any operation connected with mining is carried on together with all Pt,lildings, premises, erections, infrastructure water reservoirs, tailings, ponds, waste,  Nig~r~an Minerals ..and Mining tf.ct overburden ili'Idothcr dumps, ~ap~~llcq~ ~elongingwappermil1ing tbereto, above or below thcground;for the-purpose of min~, ~"ltWl ~riI)8Mj~~ls, obtaining or extracting any Mineral.ormeta] by any mode or. method or for the purpose or do~t;ssY,~g " , , ", mineral ores :but do~ not include a smelter or a 'refinery ; ,~ '_. -, J' .'. . .., - . " ~ _ ", • : ,I .'; ;.'. .j I I' "-".' '. "- ~ ", i _.' " , ' ., "Mine" when used as a verl>,m~~ml'to in~~onlllly mine minerals.~nd ""eludes any operationsdirectly or lndirec.tlYnecessafY .theref9t:'C;1lt:' il}.Ci<leo~1thereto, including such processing o.fminerals as may bereq~r.e9to.'Prodll:Ce~fi~t saleable product, and "mining" shalt be co.n;tru~ accQr9ing~y; ,,, . >. "Minerals" or '.'Mi~raI Resources\~mean5'anysubstartoe w~er,ln soliAt,.liquid, or gaseous form occun;lng:i\1.0r on ,the ~,JPlJntxt~Yor,~b~fe4 ~,FOlogical processes including ~,l,ll:rem;es o~depo~~ of TQCl<s"c9ll1~ <;oo1~~, bituminous shales, tar sands, any substances that mayibeextraeibd coal, 'or tar sands, frOm share mine ral water, ~rid)1lmeratcom~n;intaifMgsal1d~pit~, butwith the exclusion orp.etroleU~l·lllld'waters wlthOti'tinirleratcootent; .;: ,'1 .! • , , . ": .. i ~, li"; (;,::.' "}',' i! i.: _' i . _ " '> -' ' "Mineral Exploitation" meal}s,operati()ns and,works re,lated to the te!hriical andeconomic: utilization. of Mine~al Resources~'tncluding"Minedever6p61ent, extraction, trdtment, processin~ 'and beribficiatibhiofMj~eral Resburces as well as.the activ.iticstiecesSal'yorfelated to the marketiJtgofsucJt>Miner.d ~uJlees ; . "Mineral title" means'Reconnaissance Permit, E~plori.tio~ Licenc~:SrrllilIScale ¥jtling'Lease"MiningLea~e:Watet'{Jsecflerinit,ritQuattyte~se'orattY one of these, titJes,cJt1Sfsttmtwid( ~1\e:coritext in Wh'iclfttre' tefit1."I<M,In:ertihitle" is'Used ; "Mit~ill¥·(;o-o/~ra,t.iv.e:'. V1fdal1s~.pr9~PQ:f!iart!~n~1 ~i n.~~I;~gr~~~red ~~,a co operative under relevant federal or ,stllt~I~~s and iMini,[I~Co~~Pe'rativessha" be construed accordingly; . . .. . '.' '." ;; _ • i' - f l t); •.. ...;." ,._.'. t. ',. r, n I. ". " \ _~ .', "".' ',_',' " Willing Lease" means the Mining Lease granted und~r, , ',,:- this -' .;.', Act; -'-"L' I: means, the~ions "Mining 6JpeKutit)ff.Y cwd.works c~ied p~ in»Je course of Mineral Exploitation, inclusive of the search fora.ndr!;jwlo~~'J(mMin~rals, Jx!npfic~~ti.<:Jn~procet¥?~r~an~~o\l,tracrtmini,n~;!,\ .», '''0'' , .~Mir~il1~.(Lt:aseArea. ': means ,~nan:~ s~bj~,~q9a 1'Vf~;~il1gLe~.~; (\r~~.; "Minister" means the Minister responsible for Solid MineralsDevelopment ; "Millistiy:~means the.Mjnislr,y ,resp9nw17JefQF teg~lat~ngmatters~lating to the exploration. development~exploit~iQn QtMifl~raJ, Resoarces ;., ".;. "Miileral7itle Area" means an area in Nig~ia'thatiS ~ctt(l) a' Mittend title; '''P~r;,tll'''nleansaPermitgnm(edlklderlflrs;taw; .,. ., "Per.\'(}11"means an indi~,a[j~lor'rcorpoiale entity; pai1He r ~hip~·jOtli( venture, ~R·riDc~afi~e,~>tr~<~·or:~th~{~riHtYtha~jsft!co~ni~~l1\~Y~h;~Jl;l\';/asa~~~inct body' with Hierightto'enier'into contracts i:indto oWn prd~(ft1y: " t· !~.!.i ) ',,; -: .;i ' .. '>; .;j' i:'." ;::'"1'1.,.:( ....,.f'. r: {,i; tJ);.;-:: :;_;~ ;'-'~f"l .: ::'~~iH t •• J ->bf\n ,:'... "Per()/~~I1,~~'.?~~~~~~~ f!~a!~r~.I,I~~S~~~in~,.h y'?f~fa~~,ons" a~y,ln,aturall y ~f, ".oc~~r~rn~}rt~,ttlreo!)i~(~ro~~I'~~~: ~r~~,?;a\tur~~r~,~~~~,~~~t.ur~ ?efone or more hxdrocarPoi1s. whether lila. ~as~oo:s;'Hqu'~()r sn1ia'statt:"arltI"a'tiy'other .sJb~tance. all~].icfJtfingJth'ei~bstan~~)~H·e-atf9 'naWied;Jibat ti~s'tr<f~n'Mln'Hed to a natural re~Ji-'vofr,15ilfd6~fi1odhcru@coal,f:jlttin\i~6M sf1li'e'ss;taP~M\dS', any  A 538 2007 No, '20 lYigerian Minerals and Mining Act substance that rnay'beextracted fromcoal, shale or tar sands or any other stratified deposits from which oil can be extracted by destructive distillation ; : ,"I'" " "Pollution" means any, change in the environment caused by substances, radio active or other waves noise, odours, dustorheat emitted from any activity, including-thesterageortreatment waste or-substances, construction or the provision of services where that change has an 'adverse effect on human health or well being otion'the.composition or resilience and productivity of natural or managed ecosystems or on materials useful to people, or will have such aneffect in the; future and "Pollutes" shall be construed accordingly ~, "Prescribed ';means as prescribed by the Regtilatf6lis .;' "Presid~iJt",means thePr~~iclent of the Federal Re'publicofNigeria . "Pro;(t~s:ing;itn~an~ the operations, and wor~s c'arrird our hi the cOllrs~ of mineral in order to obtain metals, alloys, or otQ,ermineral commoditiesJ~4)ring treatment from other mineral substances either as extracted or .as previously sllbjected t~ treat~'ent asprovided for under this Act: . . ; J. ; / ·1,'. .. - .,' . • . I.., i "Protected tre~~·:~mea~s.,trees which are for the time being declared to be protected tr.~es.uoder the Fo;estry Law ofa St~te!lnd:in91uQes all t~ees.~'ithin a forest reserve or a'N~tionalPark; , .... '. i L "Reco~llajs.sa~ce" means the' operations and works to' carry out t~es~l\rch for Minerals ~hrq~h ;my,sical observation, rock samp",og, geqlogic~i surfac~ &.ri\llysis, geophysical surveys, geochemical surveys, photogeological surveys by other ' non ~bstriCtive surveys or studies of surface geology or by other remote sensing . techniqu~s,l~boratorYtesting and assays ;' . . "Reconnaissance Area" means an area of land that is the subject of a Reconnaissance Permit; "Reconnaissance Operations" means the activities conducted further to a Reconnaiss~l'IcePermit ;; "Reconnaissance Permit" means reconnaissance Pehnit issued under this Act; ..Regu/t.ttions " means regulations made onder this Act, which are from time to time, in force; "Road", "Tramway" or "Railway" includes a road, tramway or railway constructed by a local community or person and used in connection with exploration or mining operations; "Quarry" means a surface working or uncovered excavation used for the purpose of extracting Mineral Resources for Construction; "Quarry operations: includes any form ofllCtivjty for t~.extraction of Mineral Resources for Consauction, other than an acuvity 'COIl<v«;tedor to be conducted undergrQUfl<i;and anfll(:tivity preparatory or incidental to t'fla:tactivity thereto; ~.:'Secur;tYMj"erai'S·"· means a radioactive m~Rer~~1ii¢h,contains by weight at leastonetweotiethofone:per'ce.nt(O,05%) ofurlJJ}iiA~ thorium, or any combination there~fiJlcl\jdiri'g .but not Iimited to monazite, 'sand ~nd, other Ores containing thorium.caronite.pitchblend, a!1dother ores containing uranium;  Nigerian Minerals and Mining Act 2007 No. 20 A 539 "Small Scale Mining" me~I1SArtisanal, Alluvial and other forms of Mining Operations involving the use of low level technology or application of methods not requiring substantial expenditure for the conduct of Mining Operations within . f a Small Scale; -, ~ i "Small Scale Mining Lease" means the Small Scale Mining Lease granted for exploitation of Mineral Resources under this Act; "Small Scale Mining Lease Area" means an area that is the subjlkfofa Small Scale Mining Lease; , ,- . . i "State Government" means the G6verffinenf of a' State withinthe-Federal Republicof'Nigeria and shall also indude the Federal Capital Territory ; "Treatment" me~ns operations 11aving the objective dT carrying-out ,the:- concentration, beneficiation and purification of Mineral Resource~ as-well as the :: separation of the respective mineral substances ; , - ! f \ "User or Occupier of/and" -mea~s any person occupying o~ using land in compliance with the Land Use Act, ta~. L5, Laws of the Federation OfNigeria 2bo~ or customary law and includes the sub lessees-Of sub Yfl<ie4:-lesseq~f..a,such.4ser;~ or Occupier of land; , .::- , - "water Use Permit" means a Water Use Permit fssuc£dt.'tndertHis Act; 'Watercourse" means any ch~nilei or duct whether ~tur~1 ordrtit«:ial, which ", confines, restricts or directs the flow of water ;; ':.r--' ,; .. Worker" means a workman a~ defined ,ifl~ectietfl oftj,e\\forkmbn's ~:: Compensation Act, Cap. W6, Laws of the Federation of'Nigeri~ 200<r; ,, 7' i . , ;:...' ",;-'~;:~ ,~. ..Won" means the production or extraction of Mineral Resources.

165 — This Act may be cited as the Nigerian Mir¥r~s~~od ~IDi~gAct, 200f-'" Citation

165. This Act may be cited as the Nigerian Mir¥r~s~~od ~IDi~gAct, 200f-'" Citation. '- ", - ',~' t : -; ·1 Certify, in accordance with Se~ioo.2 (l).~-tne.Acls~~tic.ati.on.i\ctl: Cap. 4, Laws of the Federation of~ig~ria :r~o, that this is.a~rue??py oftheiBm< passed by both Houses of the Narienal.Assembly.v. '_;' ,_ .' .-_ i: 1:-: -',..;:_t, ': ';''.....' t ~ ';'; ::N~IRlJJB!tAlIl~ARA6.,. . ck~·tolhe 'Natio;'alA~bl} i- . 16t}c4ainfMafph.2oo7. : .. , -, ~ ) This Act creates a dlstintt..ole f"r the private sector as op~atot tHt&(jwn~r of Il!ineral rcsourC'l\f~ in'accorda~eWi~h the~rovisions ofthisl~ct fd,,a'ffl1e fdr.the Go\'emmentas~re~lator of/lllmatters relating tothereoonn~u;~.,ce"exp!or.lOn, cxploitation,'~ftCr.ttioh; posS¢sSion, '-:tention, 'transportatio1114Qlh~fOl:rnatW;lil, sale, marketing and other related purposes ofinineralcesolUCes in Nigeria,  SCHEDULE TO THE NIGERIAN MINERALS AND MINING BILL, 2007 . (}) " (2) (3) (4) (5) Short title qf Long title of the Summary of the Date passed by Dale passed by Jhe Bift Bill contents of the Bill the Senate the House of ; Representatives ~ Nigerian Min~rals":nd An Act to repeal the This Bill seeks to repeal the MJ:als Mini~g ~i11. 2(~F Minerals and Mining Act. and Mining Act, No. 34 of 19 and 21st February. 2007. I st February, 2007. No. 34 of 1999 and re- re-enact the Nigerian Minerals and enact the Nigerian Mining Act 2007 for the purposes of Minerals and Mining Act regulating all aspects of the 2007 for the purpose of exploration and exploitation of solid regulating all aspects of Minerals in Nigeria. the exploration and exploitation of solid Minerals in Nigeria; and for related purposes. I certify that this Bill has been carefully compared by me with the decision reached by the National Assembly and found by me to be true 'and correct decision of the Houses and is in accordance with the provisions of the Acts Authentication Act Cap. 4. Laws of the Federation of Nigeria, 1990. NASIR!! IBRAHIM ARAB. Clerk to tire National Assembly I ASSE:-IT. 16th Day of March. 2007. CHIEF OI.l·SEGI:1\ OIlAS,\1\)O. (;CFR President of the Federal Republic of Nigeria 29tlr Day of March. 2007.

Nigerian Minerals and Mining Act, 2007 — official gazette scan (Ministry)

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