These laws are based on a framework of legislation relating to business activity, s. Vestiges of alluvial gold extraction and winning activities have been found that date as far back as the sixth. An overview of smallscale mining in ghana historical perspective the ghanaian smallscale mining industry is well over 2,000 years old. Policy, regulations, regional cooperation and harmonisation. He has published different scientific articles and was the publisher of various publications for the geology and mineral resources in ghana. Powers of chief inspector of mines to prepare guidelines 4. The changes last year to the mining laws in tanzania. Minerals and mining act natural resource governance institute. Each phase of mining is associated with different sets of environmental impacts. Friends of the earthghana ghanas mining and forest laws know your rights and roles now your frest and mining rigts roles and now what is lega 1. The mining industry in ghana is regulated at the state and national level by. Regulation 5contract mining services to small scale mining licence holders 1 a person registered under these regulation to provide contract mining services to small scale.
Within this legal framework, the state is the owner of all minerals occurring in their natural state within ghana s land and sea territory, including its exclusive economic zone. From 1995 he worked as free employee and external adviser for exploration of mineral resources and mining projects in ghana. Parliament has passed the minerals and mining law, 2014. Thus, the main focus of ghana s mining and minerals development industry remains focused on gold. Of ghana entitled labour act, 2003 an act to amend and consolidate the laws relating to labour, employers, trade unions and industrial relations. Minerals and mining policy of ghana ensuring mining. Health, safety and environmental regulation in ghanas mining health and safety regulation.
Despite the fact that each smallscale mining operation is very small, the combined economic and social impact is significant in many developing economies. In contrast, greenstone and hanna 2011 nd that air regulation in india were e ective on reducing air pollution, but did not have signi cant knockon e ects on infant mortality. The act also grants the right of preemption to the republic of ghana for all materials raised, won or gotten in ghana article 5. The drc is not the only country to have made recent changes to its mineral laws. The mining sector in ghana consists of both smallscale and largescale mining, each of which has varying environmental impacts. Ghana, officially the republic of ghana, is located in west africa on the gulf of guinea, with ivory coast, burkina faso and togo bordering. Of the parliament of the rpublic of ghana entitled the minerals and mining act, 2006 an act to revise and consolidate the law relating to minerals and mining and to provide for connected purposes. National mining policy of ghana 3 draft national mining policy of ghana 1. In terms of regulation, the government in ghana created the minerals and mining act in 2006 to replace the minerals and mining law, which was created in 1986. The replacement of the 1986 law with the minerals and mining act in 2006, developed with technical. These regulations, made under section 110 of the mining act, provide for selected matters to implement provisions of the act, including, among other things, exportation, sale and disposal of minerals, conditions of mineral rights, obligations under a reconnaissance licence, and obligations of holder of prospecting licence.
Ensuring mining contributes to sustainable development. Highlights the local content framework is set out briefly in the mining legislation, with more detail provided in the general mining regulations. Statement of the problem the importance of smallscale mining in ghana cannot be overstated. Ghana kimathi partners, corporate attorneys 88 getting the deal through mining 2015 the minerals commission is required by law to formulate recommendations on mineral policy, monitor the implementation of these policies. Pdf indigenous mining of gold in ghana dates as far back as the 4th century. The paper mainly focused on the mining activities in prestea in the western region of the country. Minerals and mining compensation and resettlement regulations, 2012 in exercise of the powers conferred on the minister responsible for mines under section 1101 of the minerals and mining act 2006 act 703, these regulations are made this 20th day of march, 2012. Mining laws and regulations ghana covers common issues in mining laws and regulations including the mechanics of acquisition of rights, foreign ownership and indigenous ownership requirements and restrictions, processing, beneficiation in 28 jurisdictions. Parliament passes minerals, mining law graphic online. Minerals and mining law 1986 minerals and mining law 1986 minerals export duty abolition act, 1987 mining health areas act, 1925 smallscale gold mining act, 1989.
Our aim is to always have classic and higher gold in. In accordance with section 110 of the mma, a legislative been introduced by the minister responsible for mines on him under the mma. Ghana is africas largest gold producer, producing 80. The minerals and mining act, 2006 act 703 as amended by the. Ghana, mining, mineral products, impact, economy 1.
To be a respected, effective and unified voice for the mining industry. Artisanal and smallscale mining is also the source of the largest releases of mercury, estimated at 1,400 tonnes per year in 2011 according to the minamata convention. Ghana standards board food, drugs and other goods general labelling rules, 1992 mercury act, 1989. Tarkwa mining and planning and design of a mine for mining. This act may be cited as the mines and minerals development act, 2015, and shall come into operation on 1st july, 2015. Not for citation or quotation ana maria esteves bruce coyne ana moreno. A contextual analysis of implementation challenges of small. Powers and functions of the inspectorate division 2. This company is a small scale mining company based in ghana and burkina faso. Regulation 6environmental obligations of contract miners 1 a person registered to provide contract mining services under these regulations shall comply with the mining and environmental laws and regulations. This paper provides an exposition on the environmental impacts of mining activities in ghana.
Overview of ghanas minerals and mining sector ghana is well endowed with substantial mineral resources, the major ones being gold, diamonds, manganese and bauxite. A contextual analysis of implementation challenges of. The commissions primary responsibility is to foster the efficient and effective regulation and management of the utilization of ghana s mineral resources. The mines and minerals act, 2015 national assembly. Unlike in ghanas petroleum sector, there are no regulations dedicated to local content. What are environmental regulations on mining activities.
To represent the mining industry in ghana using the resources and capabilities of its members to deliver services that address members, government and community needs, in order to enhance development. Irregular sequencing of the policy and legal frameworks. These regulations, made under section 110 of the mining act, provide for selected matters to implement provisions of the act, including, among other things, exportation, sale and disposal of minerals, conditions of mineral rights, obligations under a reconnaissance. Ghanas minerals and mining law introduction 4 general information 5 mineral rights 7 licences 11 mining leases 12 rights and compensations 14 industrial. Minerals and mining support services regulations, 2012 l. Ownership of minerals and cadastral system minerals property of republic 1. They also concern to a certain extent the protection of the environment and, in particular, prescribe technical and safety standards for mining operations and provide with respect to mining operation plans and mining operation permits. Ghana gold mining and exploration investing news network. There is no national body or policy for general occupational safety standards in ghana, however the mining regulations of 1970. These laws are based on a framework of legislation relating to business activity, s, patents, trademarks, disputes and labour relations. The smallscale mining law was passed to legalize and formalize ghanas large informal mining sector. Minerals and mining support services regulations, 2012.
Some important federal laws authorizing and guiding environmental regulation of mining in the united states are discussed below. Thus, the main focus of ghanas mining and minerals development industry remains focused on gold. The agensix is a supplier and a distributor of commodities of best value. The mining industry of ghana accounts for 5% of the countrys gdp and minerals make up 37% of total exports, of which gold contributes over 90% of the total mineral exports. Minerals and mining act, 2006 act 703 governments right of preemption 7. This artisanal and smallscale mining asm handbook for ghana is the. When ghanas first miningspecific legislation, pndc law 153, was enacted in 1986, the law was heralded as a. A costbenefit analysis of mining investments, taking the following into consideration. Minerals and mining general regulation 20 march 2012 and is aimed at providing clearer interpretations of mma. Getting the deal through mining mining in 28 jurisdictions worldwide contributing editors michael bourassa and john turner 2015 exclusively for. The legislative framework for mining in ghana is currently laid down in the minerals and mining act, 2006 act 703. Exposure to mercury can have serious health impacts, including irreversible brain damage.
Labour act, 2003 ministry of employment and labour relations. Minerals and mining act, 2006 act 703, these regulations are made this day 20th of march, 2012. The mining industry therefore stagnated and up to the early 1980s, as there were no significant new investments in ghana. Minerals and mining act natural resource governance. These regulations, made under section 110 of the mining act, provide with respect to health and safety in land mining operations in ghana. Minerals and mining health, safety and technical regulations, 2012 l. Enhancing the benefits at the subnational level policy framework prepared for revenue watch institute october 2012 draft. Regulation 3application by holder of mining lease 1 subject to section 61 of the act, an application by a holder of a mining lease for a licence to export, sell or dispose of gold or other precious minerals produced by the holder shall be submitted to the minister as set out in accordance with the form two in the first schedule. Act 703 the seven hundred and third act of the parliament of the rpublic of ghana entitled the minerals and mining act, 2006 an act to revise and consolidate the law relating to minerals and mining and to provide for connected purposes. What follows are the typical phases of a proposed mining project. A blessing or a curse kwesi amponsahtawiah, phd university of ghana business school. The law allows smallscale miners to apply for minerals rights from the secretary of lands and natural resources article 1. The ghanaian smallscale mining industry is well over 2,000 years old. The commissions primary responsibility is to foster the efficient and effective regulation and management of the utilization of ghanas mineral resources.
Mining act, act 703 of 2006 became the governing legislation for ghanas minerals and. These laws outline the responsibilities of several federal agencies, such as the environmental protection agency epa, in regulating mining operations. No more so is this the case than in the mining powerhouse of the democratic republic of congo. The object of the law is to amend the minerals and mining act, 2006. Ghanas mineral comission regulatory body for minerals.