Resources Commission and not the Minister responsible for Mines as is the case in the existing law.
The Committee considers this as a novelty to check the abuse, misuse and pollution of water bodies by mining operators as is often the case in most mining communities.
The Committee again observed that the Bill seeks to expand requirements for rents and fees that are to be paid annually by holders of mineral rights. These include annual mineral right fees payable to the Minerals Commission, ground rents to landowners and royalties to the Republic which are, all to be provided under Legislative Instruments.
Another novelty to the law is the establishment of Alternative Dispute Resolution Mechanism under clause 27 and the use of international arbitration in dispute resolutions, particularly, the rules of procedure for arbitration under the United Nations Commission on International Trade Law (UNCITRAL Rules).
The Committee observed that the Bill seeks to provide for stability in development agreements that could be entered into with holders of mining leases. The essence is to give confidence to investors and to ensure that investments are of mutual benefit.
The Minister may also enter into a development agreement under a mining lease where the investment by the holder exceeds US$500,000,000. Such an agreement will contain stability terms and will be subjected to ratification by Parliament.
The Committee observed that the
proposed law seeks to bring in the Mines Department, which is currently the inspectorate division of the Ministry under the umbrella of the Minerals Commission. This is to ensure uniformity and efficient operations of the sector.
The Committee observed that certain amendments proposed earlier have been inadvertently omitted in the redrafted Bill. The Committee therefore seeks to propose the following amendments to be considered by the House at the Consideration Stage so as to enable the law, when finally approved, to stand the test of time.
Proposed Amendments
clause 13, subclause (1), line 1, after “days” and before “make” insert “on receipt of recommendation from the Commission”.
The amendment is to ensure certainty.
clause 15, subclause (6), paragraph (a) after “mineral” delete “to be mined” and insert “applied for”.
clause 18, subclause (1), line 3, after “from” insert “the Forestry Commission and”.
clause 26, delete the whole of sub- clause (2).
The Committee is of the view that holders of mining rights should meet all their financial obligations.
clause 32, subclause (3), line 2, after “excavation”, delete the rest of the sentence.
The amendment is to ensure that the holder of reconnaissance licence apply for prospecting licence before undertaking any drilling exercise.
clause 49, subclause (1), line 1, after
“Minister may” delete “ on behalf of the President” and insert “on the advice of the Commission”.
The Committee is of the view that the Minister is already acting on behalf of the President.
clause 50, subclause (1), line 3, after “personnel” insert “as prescribed”.
The Committee is of the considered view that the legislative instrument should indicate the time frame within which recruitment of Ghanaians should take place.
clause 51, subclause (4), paragraph (a), after “the” delete “cessation” and
insert “suspension”.
clause 51, subclause (5), line 1, after “Approval of” delete “cessation” and insert “suspension”.
The amendment is to ensure conformity.
clause 62, subclause (1), line 2, after “in” delete “section” and insert “sections”.
clause 62, subclause (2), line 3, after “ Survey” delete “s”.
clause 62, subclause (3), line 3, after
“ Survey” delete “s”.
The amendment is to ensure that appropriate term is used.
clause 65, Heading, delete “66” and insert “64”.
clause 65, subclause (1), line 1, after “62” delete “and 63” and insert “to 64”.
clause 66, paragraph (b), after “the” delete “person” and insert “officer”.
The amendment seeks to ensure clarity.
clause 68, subclause (1), paragraph (c), line 1, after “Minister” insert “or the Commission”.
The amendment is to ensure that false statements are not made to the Commission.
clause 75, delete the whole of sub-
clause (3).
The amendment is to ensure that the original jurisdiction of the High Court in all matters as enshrined in article 140 (1) of the 1992 Constitution, is not tempered with.
clause 86, Heading, after “District” delete “office” and insert “Offices”.
clause 87, paragraph (a), line 2, after “term” delete “and” and insert “or”.
The amendment is to ensure that revocation is applicable if a holder contravenes either the terms or conditions of his or her licence.
clause 90, subclause (2), line 2, delete “Commission” and insert “Commission”.
The amendment is to correct a typographical error.
clause 95, Heading, after “explosives” delete “prohibited”.
clause 97, subclause (1), line 2, after “prescribed” delete “by the Minister”.
clause 98, delete the whole clause and insert new clause as follows:
“98 (1) Nothing precludes a person from disposing of his or her jewellery to authorized dealers or another person.
