Mining Act, 2016 (No. 12 of 2016). | Land Portal | Securing Land Rights Through Open Data

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Date of publication: 
May 2016
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ISBN / Resource ID: 
LEX-FAOC160985
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This Act provides rules for the prospecting for and mining of minerals specified in the First Schedule to this Act. Save to the extent provided for in this Act, it shall not apply to matters relating to petroleum and hydrocarbon gases. The Cabinet Secretary responsible for mining, the Principal Secretary of the responsible ministry and any person shall be guided by the values and principles enshrined in the Constitution and in particular Articles 10, 66 (2), 201 (c) and (d), and 232 of the Constitution and the principles of leadership and integrity. The Cabinet Secretary shall be responsible for the general administration of this Act.The Act states that all minerals in their natural state under or upon any land are vested in the Government. Compensation by a holder of a mineral right shall be paid in respect of, among other things: damage to the water table or loss of water supply; loss of income in the case of land under cultivation or grazing. Disputes that may be resolved by the Cabinet Secretary also include the priority of water abstraction. Holders of mineral rights shall not be exempted from compliance with the provisions of the Water Act, 2002 concerning the right to the use of water from any water resource or any law concerning the protection of the environment. Approval of, amongst others, the Director of Forests or the Cabinet Secretary responsible for matters relating to the environment or wildlife may be required for mining operations. The owner or lawful occupier or user of an area subject to a mineral right shall continue to have the right to graze livestock or to cultivate the land.A mineral right may be granted subject to such conditions as may be determined by the Cabinet Secretary including conditions concerning the protection of the environment and community development. The applicant for a prospecting licence shall submit an environmental rehabilitation and restoration plan. Renewal of such licences requires proof of submission and approval of environmental audit reports to the National Environmental Management Authority. Similar requirements are prescribed with respect to mining licences (environmental impact assessment licence, social heritage assessment and environmental management plan). The Act also sets out environmental requirements in relation to a mineral agreement for large projects. An applicant for a prospecting licence, a Environmental retention licence or a mining licence shall provide an environmental bond.

Repeals: Mining Act (Cap. 306). (2006)

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Legal Name: The National Council for Law Reporting

Brand Name: Kenya Law

Organization type: A semi-autonomous state corporation

Parent Institution: The Judiciary

Parent Act: The National Council for Law Reporting Act

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