This Act provides for the granting of various rights relative to prospecting and mining of minerals, for environmental obligations related to mining operations and other duties of persons carrying out mining operations, and control of mining operations. “Minerals” is defined so as to exclude petroleum ,as defined in section 2 of the Petroleum (Exploration and Production) Act, and public and private water when used for a primary, secondary or tertiary use, as defined in the Water Act. Rights that may be granted are called "mineral concession" and include a prospecting licence (Part IV), a retention licence (Part V), a mining licence (Part VI), or a minerals permit (Part VII). The Minister may exercise any of his or her functions through the Permanent Secretary, the Director of Mines or the Director of Geological Survey. No holder of a mineral concession shall exercise any right thereunder without the written consent of the President or the owner or lawful occupant upon lands specified in section 60. The owner or lawful occupier of any land within the area of a mineral concession shall retain the right to graze stock upon or to cultivate the surface of such land insofar as such grazing or cultivation does not interfere with the proper use of such area for prospecting, retention or mining purposes. The holder of a mining concession shall carry out mining operations having regard to laws, good mining practice and the environment and shall, in accordance with international mining industry standards, submit an environment impact assessment as part Project Feasibility Study Report (sect. 65). The same section also provides for rehabilitation of the soil.
Implemented by: Mines and Minerals (Demarcation of Mining Lease Areas) Regulations (Chapter 66:01). (2008-12-31)
Repeals: Mines and Minerals Act. (1977)
Repeals: Mines and Minerals (Amendment) Act (No. 28 of 1980). (1980-09-11)
Authors and Publishers
lmodisa
Formerly the British protectorate of Bechuanaland, Botswana adopted its new name at independence in 1966. More than four decades of uninterrupted civilian leadership, progressive social policies, and significant capital investment have created one of the most stable economies in Africa. The ruling Botswana Democratic Party has won every election since independence; President Ian KHAMA was reelected for a second term in 2014.
Data provider
FAO Legal Office (FAOLEX)
The FAO Legal Office provides in-house counsel in accordance with the Basic Texts of the Organization, gives legal advisory services to FAO members, assists in the formulation of