MINERAL ACT, 1992

ACT

To provide for the reconnaissance, prospecting and mining for, and disposal of, and the exercise of control over, minerals in Namibia; and to provide for matters incidental thereto.

(Signed by the President on 16 December 1992)

BE IT ENACTED by the National Assembly of the Republic of Namibia, as follows:

ARRANGEMENT OF SECTIONS

PART I Introductory provisions

1. Definitions.

PART II Rights in relation to minerals

2. Rights in relation to minerals.
3. Prohibition on carrying on certain operations without licence, and transfer of certain licences or grant, cession or assignment of interests in such licences, and joinder of persons as joint holders of such licences or interests.

PART III Administration of Act

4. Appointment of Mining Commissioner, and designation of other officers.
5. General powers of Commissioner.
6. Preservation of secrecy.
7. Prohibition of certain officers on holding certain interests in mineral licences or in companies holding mineral licences.
8. Limitation of liability.

PART IV Minerals Board of Namibia

9. Establishment of Minerals Board of Namibia.
10. Functions of board.
11. Constitution of board.
12. Term of office and conditions of service of members of board.
13. Vacation of office by members of board.
14. Meetings of board and decisions.
15. Performance of administrative functions of board.

PART V Provisions relating to non-exclusive prospecting licences

16. Rights of holders of non-exclusive prospecting licenses.
17. Persons who may apply for non-exclusive prospecting licences.
18. Applications for non-exclusive prospecting licences.
19. Powers of Commissioner in respect of applications for non-exclusive prospecting licences.
20. Restrictions on grant of non-exclusive prospecting licences.
21. Issue of non-exclusive prospecting licences.
22. Duration of non-exclusive prospecting licences.
23. Transfer or renewal of non-exclusive prospecting licences, and grant, cession or assignment of interests in such licences, and joinder of persons as joint holders of such licences or interests.
24. Records to be kept and returns to be submitted by holders of nonexclusive prospecting licences.

PART VI Pegging of claims

25. Persons who may peg claims.
26. Restrictions on pegging of claims.
27. Limitations on pegging of claims.
28. Manner of pegging of claims.
29. Effect of pegging of claims.
30. Powers of Commissioner in event of failure by holders to comply with provisions of this Part or disputes.

PART VII Provisions relating to mining claims

31. Rights of holders of mining claims.
32. Persons who may apply for registration of claims.
33. Applications for registration of claims.
34. Powers of commissioner in respect of applications for registration of claims.
35. Restrictions on grant of applications for registration of claims.
36. Registration of claims.
37. Duration of mining claims.
38. Applications for renewal of registration of mining claims.
39. Transfer of mining claims, and grant, cession or assignment of interests in mining claims, and joinder of persons as joint holders of such mining claims or interests.
40. Directions to holders of mining claims.
41. General terms and conditions of registration of mining claims.
42. Work programmes of prospecting operations and mining operations.
43. Abandonment of mining claims.
44. Cancellation of registration of mining claims.
45. Records, maps, plans and financial statements to be kept, and information, reports and returns to be submitted, by holders of mining claims.

PART VIII General provisions relating to mineral licences

46. Persons who may apply for, or for transfer of, mineral licences or for approval to grant, cede or assign interests in such licences or to be joined as joint holders of such licences or interests.
47. Applications for, or for renewal or transfer of, mineral licences, or for approval for grant, cession or assignment of interests in mineral licences or to be joined as joint holders of such mineral licences or interests.
48. Powers of Minister in respect of applications for, or for renewal or transfer of, mineral licences or for approval for grant, cession or assignment of interests in mineral licences, or to be joined as joint holders of such mineral licences or interests.
49. Mineral agreements.
50. General terms and conditions of mineral licences.
51. Register of mineral licences.
52. Restrictions on exercise of rights by holders of mineral licences.
53. Drilling of boreholes.
54. Abandonment of reconnaissance areas, prospecting areas, retention areas and mining areas.
55. Cancellation of mineral licences.
56. Vis Major
57. Directions to holders of mineral licences.

PART IX Provisions relating to reconnaissance licences

58. Rights of holders of reconnaissance licences.
59. Exclusive rights to carry on reconnaissance operations.
60. Applications for reconnaissance licences.
61. Restrictions on grant of applications relating to reconnaissance licences.
62. Issue of reconnaissance licences.
63. Duration of reconnaissance licences.
64. Transfer of reconnaissance licences, and grant, cession or assignment of interests in such licences, and joinder of persons as joint holders of such licences or interests.
65. Work programmes of reconnaissance operations.
66. Records, maps, plans and financial statements to be kept, and information reports and returns to be submitted, by holders of reconnaissance licences.

PART X Provisions relating to exclusive prospecting licences

67. Rights of' holders of exclusive prospecting licences.
68. Applications for exclusive prospecting licences.
69. Exercise of powers by Minister to grant or refuse exclusive prospecting licences.
70. Issue of exclusive prospecting licences.
71. Duration of exclusive prospecting licences.
72. Applications for renewal of exclusive prospecting licences.
73. Applications for amendment of exclusive prospecting licences.
74. Obligations of holders of exclusive prospecting licences.
75. Work programmes of prospecting operations.
76. Records, maps, plans and financial statements to be kept, and information reports and returns to be submitted, by holders of exclusive prospecting licences.

PART XI Provisions relating to mineral deposit retention licences

77. Rights of holders of mineral deposit retention licences.
78. Persons who may apply for mineral deposit retention licences.
79. Applications for mineral deposit retention licences.
80. Exercise of powers of Minister to grant or refuse mineral deposit retention licences.
81. Issue of mineral deposit retention licenses.
82. Duration of mineral deposit retention licences.
83. Effect of issue of mineral deposit retention licences on prospecting areas.
84. Applications for renewal of mineral deposit retention licences.
85. Application for amendment of mineral deposit retention licences.
86. Obligations of holders of mineral deposit retention licences.
87. Work programmes of operations carried on in terms of mineral deposit retention licences.
88. Directions by Minister to holders of mineral deposit retention licences to apply for mining licences.
89. Records, maps, plans and financial statements to be kept, and information reports and returns to be submitted, by holders of mineral deposit retention licences.

PART XII Provisions relating to mining licences

90. Rights of holders of mining licences.
91. Applications for mining licences.
92. Exercise of powers of Minister to grant or refuse mining licences.
93. Issue of mining licences.
94. Duration of mining licences.
95. Effect of issue of mining licences on prospecting areas.
96. Applications for renewal of mining licences.
97. Applications for amendment of mining licences.
98. Obligations of holders of mining licences.
99. Notice of cessation of mining operations.
100. Directions by Minister in relation to mining of minerals or groups of minerals by holders of mining licences.
101. Records, maps, plans and financial statements to be kept, and information, reports and returns to be submitted, by holders of mining licenses.

PART XIII Provisions relating to source material specified in Part 5 of Schedule 1

102. Possession, disposal, enrichment, re-processing and export of source materials specified in Part 5 of Schedule 1.
103. Offences and penalties.

PART XIV High value minerals

104. Prohibitions relating to dealing in or possession of high value minerals.
105. Applications for, and issue of, permits.
106. Obligations of persons authorized under section 105 to purchase, sell, deal in, receive or dispose of, or to be in possession of, high value minerals.

PART XV Ancillary rights

107. Limitation of fundamental rights contemplated in Article 16 of Constitution.
108. Establishment of Minerals Ancillary Rights Commission.
109. Obtaining of rights by holder of non-exclusive prospecting licence, mineral licence or a mining claim.
110. Consideration of applications by Commission.
111. Costs incurred in respect of applications to Commission.
112. Compensation payable in respect of rights granted.
113. Right of appeal.

PART XVI Financial matters

114. Royalties payable on minerals.
115. Penalties for late payments.
116. Remission and deferment of royalties or penalties.
117. Powers of Minister in case of failure by holders of licences or mining claims to pay royalties.
118. Security for payment of royalties.
119. Powers of Minister relating to pricing of minerals.
120. Proof of amounts payable in terms of this Part.

PART XVII General provisions

121. Obligations of persons applying for, non-exclusive prospecting licences, registration of mining claims or mineral licences, and of holders of non-exclusive prospecting licences, mining claims or mineral licences, not resident in Namibia to appoint accredited agents.
122. Reservation of land from prospecting operations and mining operations.
123. Determination of application, licence and registration fees payable in terms of this Act.
124. Notice by Commissioner of applications made in terms of this Act.
125. Order in which applications made in terms of this Act are to be considered.
126. Reports to be submitted by purchasers and sellers of minerals.
127. Export of minerals or groups of minerals.
128. Removal of property from areas to which non-exclusive prospecting licences, mining claims or mineral licences relate on abandonment, cancellation or expiration, and remedying of damage caused to surface of, and environment on, land situated in such areas.
129. Powers of Minister to obtain further information in relation to reconnaissance operations, prospecting operations or mining operations or minerals won, mined, sold or otherwise disposed.
130. Liability of holders of licences or mining claims for pollution of environment or other damages or losses caused.
131. General right of appeal.
132. Service of documents.
133. Miscellaneous offences and penalties.
134. Jurisdiction of court in relation to offences under this Act committed at sea.
135. Evidence.
136. Forfeiture orders.
137. Exemptions.
138. Delegation of powers.
139. Repeal and amendment of laws, and savings.
140. Short title and commencement.

SCHEDULE 1

Groups of minerals, elements and rock

SCHEDULE 2

Laws repealed or amended