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Part B: Mineral Rights - Part B-5: Development Minerals - 29. Development Minerals | 29.4 Reference to Relevant Policies and Laws

This topic envisages the bringing together in one place (for ease of reference and as a guide to interpretation) all relevant laws that are implied (expressly or otherwise) by the provisions under this part and the policies that inform the provisions. Reference to such documents in a law may also provide guidance to officials in the implementation of the law. Including relevant policies in this part ensures that officials are reminded of the principles to be promoted through the law and the objectives or goals countries seek to achieve through legislation. But only relevant policies adopted through appropriate procedures should be cited in this part (for instance some countries require policies to be published in the national Gazette). And the law ought to be duly amended to remove or replace policies that are spent. Whilst this is not a common practice in Common Law jurisdictions, civil law countries generally incorporate policies in their laws to serve as a guide to implementation of laws. In view of the significance to African governments of the principles being advocated to ensure optimal utilization of development minerals it would be useful to refer to relevant policy documents or parts of them in this part. If these policies have not been sufficiently disseminated in the various countries, it would also be useful to publicize them in this way. If adopted, it is important that the correct versions of the documents referred to be incorporated in the law and that such documents are made available together with the law.

29.4 Example 1:

Article [_]

Unless otherwise specified in the applicable provision of this [Act][Law][Code], this [Part] [Division] shall be read and applied in conjunction with the following laws:

[__________]

[__________]

[__________]

Annotation

This example provides the laws that are relevant to compliance with and implementation of these provisions of the law. Examples of such laws include relevant local government laws or regulations, tax laws, environmental laws, etc. Note that this may also include regional decisions or “legislation” made by regional bodies to which countries belong. For instance, ECOWAS decisions adopted and published by a country in its national Gazette are a secondary source of law.

29.4 Example 2:

Article [_]

The following national policies and international protocols/agreements adopted or executed by [Country] embody the strategies for achievement of the objectives under these policies. The provisions of this Part shall be implemented in a manner that ensures that the objectives they espouse are achieved:

[__________]

[__________]

[__________]

Unless otherwise specifically provided in this [Law][Act][Code] the documents referred to in this provision shall only serve as a guide to interpretation of the provisions of this Part.

Annotation

This language refers to the relevant policy documents to the extent that they facilitate understanding or interpretation of the statutory provisions. Where a country wishes to incorporate a policy document into its laws so that its provisions are enforceable this would have to be expressly provided in the law.