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Part B: Mineral Rights - Part B-1: Mineral Licences - Prospecting/Reconnaissance - 24. Prospecting/Reconnaissance Licencing | 24.10 Termination of Licence

Typically, the reconnaissance-type prospecting licence is subject to the general provisions of the mining law on termination of mining rights, rather than provisions specific to that type of mineral right. The mining law should state clearly in one place the various ways in which a mining right can come to an end, which usually include expiration of the term, surrender by the holder, and revocation by the issuing authority. The law should make clear what the status of the licenced area is upon termination in each manner and any remaining potential liabilities or incapacities that the licence holder may have upon termination.

24.10 Example 1:

Article [_]

(1) [A mineral right shall be deemed terminated upon (a) the expiry of the licence (b) surrender of the licence by the licence holder pursuant to Section/Article [Surrender section/article of the Law] or (c) revocation of the licence by the [Regulating Authority] pursuant to Section/Article [Revocation section/article of the Law]].

(2) On the termination of a mineral right, the former holder shall deliver to the [Regulating Authority] or as the [Regulating Authority] directs,

(a) the records which the holder is obliged under this [Act][Code][Law] or regulations made under this [Act][Code][Law] to maintain,,

(b) the plans and maps covered by the mineral right prepared by the holder or at the holder’s instructions, and

(c) other documents, including in electronic format, if available, that relate to the mineral right.

(3) A person who fails to deliver, within thirty days from the date of being called upon to do so by the [Regulating Authority], a document which is required to be delivered under subsection (1) commits an offence and is liable on summary conviction to a fine not more than the cedi equivalent of US$ ten thousand or imprisonment for a term not more than three years or to both.

Annotation

Drawn from Uganda’s mining law (2003) and Ghana’s mining law (2006), this example specifies the three ways in which a mineral right, including a prospecting/reconnaissance licence, can terminate. It further provides that the holder is required to deliver all records, maps and other documents relating to the mineral right upon termination. Failure to comply is an offense punishable by the fine or prison term indicated.

24.10 Example 2:

Article [_]

A prospecting permit shall expire when the specified period ends, if the holder surrenders the permit, or if it is cancelled by [the regulatory authority] for non-compliance with the obligations by which the permit-holder is bound for the reasons listed in Article [_] (on the grounds for the cancellation of mining titles) of the present mining [Code][Act][Law].

Annotation

Drawn from Mali’s mining law (2012), this provision simply identifies the events that result in the termination of the prospecting/reconnaissance licence (term expiration, surrender or cancelation) and refers back to the article of the law that lists the grounds for cancelation of all mineral rights, including prospecting/reconnaissance licences.