Ghana gold mining license

Generally, only companies incorporated in Ghana are granted rights to undertake reconnaissance, exploration or mining operations. A small-scale mining licence may only be issued to an individual who is a Ghanaian.

As noted above, a foreign entity will not be granted rights in Ghana unless a separate company is incorporated in Ghana. This act prescribes certain minimum capital requirements for the operation of foreign entities in Ghana.

A person who intends to become a controller of a mining company must serve a written notice of his intention on the Minister of Lands and Natural Resources. The person may become a controller of the mining company only if the Minister issues a written notice of no objection or fails to issue a notice of no objection within two months from the date of service of the notice on the Minister.

Small-scale mining licences may only be issued to Ghanaian citizens. They must be at least 18 years old and must be registered by the office of the Minerals Commission in an area designated for small-scale mining operations. A restricted reconnaissance licence, restricted prospecting licence or restricted mining lease may only be granted to a Ghanaian citizen. This does not preclude the Government from any other or further participation in mineral operations that may be agreed with the holder.

Furthermore, the Minister may, through a written notice to the mining company, require the mining company to issue the Republic a special share for no consideration.

A special share shall constitute a separate class of shares and shall have the rights agreed between the Minister and the company. There are no specific laws regulating the processing of minerals. However, a person must obtain a licence to export, sell or dispose of any mineral.

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 must be accompanied by a refining contract.

If the applicant is not a holder of the mining lease, he must satisfy the Minister that the business plan or particulars of the programme of the proposed operations include the refining or polishing of the minerals in Ghana before export, the purchase of only refined or polished minerals for export, and that a percentage of the minerals determined by the Minister will be supplied to local refineries to ensure regular supply to local users.

A licence is required from the Minister to export, sell or dispose of a mineral. The licence issued is not transferable.

The Kimberley Process Certificate Act, Act regulates the import and export of rough diamonds. A mineral right can only be transferred, assigned, mortgaged or otherwise encumbered with the prior written approval of the Minister.

Yes, rights to conduct reconnaissance, exploration and mining can be subdivided with the approval of the Minerals Commission. Yes, rights to conduct reconnaissance, exploration and mining are capable of being held in undivided shares.

The holder of a right to explore or mine a primary mineral may apply to the Minister to amend the mineral right to include a secondary mineral. Yes, to the extent that such exercise will enable them to fulfil their obligations under the issued licence. No, mineral rights are issued in respect of minerals and do not automatically extend to include ownership rights of the surface of the land. Mineral rights are subject to the limitations on surface rights that apply under an enactment or as reasonably determined by the Minister.

The lawful owner has a right to graze livestock or cultivate the land, provided the grazing or cultivation does not interfere with the mineral operations in the area. The lawful owner is also entitled to compensation from the holder of the mineral right for the disturbance of the rights of the owner. The amount of compensation shall be determined by an agreement between the parties; however, if the parties are unable to reach an agreement as to the amount of compensation, the matter shall be referred by either party to the Minister who shall, in consultation with the Government agency responsible for land valuation, determine the compensation payable by the holder of the mineral right.

A landowner may also be compensated by way of resettlement. The State can compulsorily acquire land that is subject to a mineral right. Compulsory acquisition must be made under a law that makes provision for prompt payment of fair and adequate compensation and a right of access to the High Court by any person who has an interest in or right over the land for the determination of his interest or right and the amount of compensation to which he is entitled.

Additionally, the Minister has the right of pre-emption of all minerals raised, won or obtained in Ghana and from any area covered by territorial waters, the exclusive economic zone or the continental shelf and products derived from the refining or treatment of these minerals.

An environmental permit issued by the Environmental Protection Agency EPA is required prior to the commencement of mining operations. Where the mining lease covers a total area in excess of 10 hectares, an environmental impact assessment must be submitted to the EPA prior to the grant of an environmental permit.

A water use permit will be required where the contemplated activities under the licences involve the use or diversion of water from a river, stream, underground reservoir, etc. The holder of a mining lease shall, before closing a mine site, satisfy the Chief Inspector of Mines that each source of potential pollution and component of the mining project that is to be closed are designed to be stable in the long term. The holder of a mining lease is also required to post a reclamation bond based on an approved work plan for reclamation.

In the case of mining operations, the holder of the mining rights who undertakes mining operations must, prior to beginning its operations, and as part of the process of application for an environmental permit, enter into a reclamation security agreement with the EPA. Sexual irregularities such as decreased sexual vigor, lack of sexual desire, and premature ejaculation are also solved with the use of VigRX Plus while ED medications just improve the increase in exercise capability, erection, and also medicates pulmonary arterial hypertension.

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It is not only advisable to undertake due diligence on the local entities and individuals in Ghana, but it is imperative to avoid being scammed by unlicensed entities. I was enacted to change the company's name to Diamond Marketing Corporation. The following have been the functions of the Company until when most of the functions changed as a result of the appointment of PMMC as the government assayer. The Company now operates as the Government's assayer with the sole mandate of assaying all gold, which leaves the country.

In any case, any individual or entity must establish its minimum level of comfort and must conduct as much research as is necessary to achieve the level of comfort before entering into gold purchase and export transactions in Ghana.

It is imperative to note that, in Ghana, an individual need a license to buy and deal with minerals. Therefore, the export of gold out of the jurisdiction of Ghana can only be done under a license by an entity. This is regulated under the Minerals and Mining Act, Act It provides among others that, the Minister in consultation with the Commission, may in writing license persons the Minster considers fit, to buy and deal in the types and forms of minerals identified under the Act.

It must be noted that, under the Act, mineral means a substance in solid or liquid form that occurs naturally in or on the earth and include gold and diamond but does not include petroleum resources as the latter is under a separate regulation.

It is important to note further that, Minister under the Act means the Minister responsible for Mines and Natural Resources and reference to Commission means the Minerals Commission established under section 1 of the Minerals Commission Act, Act The Minerals Commission had issued a directive and or procedures to govern the export of gold from Ghana. The following procedures shall govern the exportation of gold by Licensed Gold Exporters LGE other than the holders of mining leases.

These measures issued by the Minerals Commission shall be in force until substituted by other procedures that may subsequently be prescribed. These include the following;. The foreign entity should have access to legal representation before engaging in any gold export business in Ghana. Most importantly, the legal representative shall police the processes leading to the purchase and export of the gold to ensure that the precise ounces and the required purity of the mineral are shipped from the Republic to its intended recipient.

This timely legal advice must be obtained from a lawyer with knowledge and working experience in the gold trading business in Ghana. The Legal Representative shall also be responsible for the formulation, and the drafting of an agreement to govern the transaction before any transfer of funds shall be effected for payments. This eventually will help to secure the interest of the parties to the transaction and ensure that their reasonable expectation is meet at the end of the day. The content of this article is intended to provide a general guide to the subject matter.

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