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Part A: General Topics | 4. Title of the Law

In civil law jurisdictions, the mining law is typically entitled the “Mining Code” and is generally a comprehensive document dealing with substantive and procedural law as well as sanctions for possible offences. It is expected to be continuously updated, without any change in the title, except for the year. Titles of laws in Common Law jurisdictions are based on the particular issues being addressed by the legislature at each point in time and therefore the laws dealing with various subjects may be found in separate enactments, unless or until they are codified or consolidated in one enactment, e.g. a mining act, mines act, minerals act, minerals and mining act, etc. Ideally, the title of the law should be simple and clearly signify that it is the primary mining law of the country.

4. Example 1:

The Mining Act, 2010

Annotation

Drawn from Tanzania’s mining law (2010), this title is clear and straightforward.

4. Example 2:

The Mining and Minerals Act, 2006

Annotation

Drawn from Ghana’s mining act (2006), this example seeks to cover the gamut of issues relating to minerals (i.e. classification, land, geology, ownership, processing, sale, etc.) and their development (exploration, exploitation, etc.) in a succinct manner.