Radio-Active Minerals (CAP. 362 1

CHAPTER 362

THE RADIO-ACTIVE MINERALS ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. Prospecting and mining restricted.
4. Holder of licence to report his operations.
5. Export restricted.
6. Grant of licence or permit discretionary.
7. Form of licence and permit.
8. Governor-General to be notified on discovery of any

radio-active mineral.
9. Offences.

10. Powers of examination.
11. Power of Governor-General to vary Schedule.
12. Regulations.
13. Saving.

SCHEDULE

LAWS OF ANTIGUA AND BARBUDA

Radio-Active Minerals (CAP. 362 3

RADIO-ACTIVE MINERALS

1. This Act may be cited as the Radio-Active Minerals short title.
Act.

2. In this Act- Interpretation.

"licence" means a licence issued under the provisions
of section 3;

"mine" with its grammatical variations and cognate
expressions, includes all operations for the inten-
tional winning or obtaining of any radio-active
mineral;

' ' permit" means a permit issued under the provisions
of section 5;

I ( prospect" with its grammatical variations and cognate

expresssions, means to search for any radio-active
mineral, and includes such working as is reasonably
necessary to enable the prospector to test the radio-
active mineral-bearing qualities of the area
concerned;

c c radio-active mineral" means any substance specified
in the Schedule and as amended from time to time Schedule.
in accordance with the provisions of this Act.

3. Notwithstanding anything to the contrary contained Pr~~pecting and
mining

in any enactment relating to mining, no person shall within ,,tricted.
Antigua and Barbuda prospect for or mine, or attempt to
prospect for or mine, any radio-active mineral except under
and in accordance with a licence granted by the
Governor-General.

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4 CAP. 362) Radio-Active Minerals

Holder of licence
to report his

4. Every holder of a licence shall within the first week
operations. of every month furnish the Governor-General with a true

report in writing of the prospecting and mining operations
condpcted by him in the immediately preceding month with
respect to radio-active minerals.

Export restricted. 5 . NO person shall export, or attempt to export, from
Antigua and Barbuda any radio-active mineral except under
and in accordance with a permit granted by the Governor-
General in that behalf.

Grant of licence
or permit

6. The grant of a licence or a permit shall be in the
discretionary. absolute discretion of the Governor-General who shall be

under no obligation to assign any reason for refusing the
grant thereof.

Form of licence
and permit.

7. Every licence and permit shall be in such form and
for such period and be subject to the payment of such fee
as the Governor-General may determine, and shall contain
such terms and conditions as he may think fit to impose.

GovernOr-General 8 . (1) If any of the radio-active mineral is discovered
to be notified on
discovery of any on any land the person by whom such mineral is discovered

shall forwith report such discovery to the Governor-General. mineral.

(2) If any radio-active mineral is discovered on any land
by any person, other than the holder of a licence under this
Act, it shall not be removed from such land except with the
consent of the Governor-General.

Offences. 9. (1) Every person who-
(a) prospects for or mines, or attempts to prospect

for or mine, any radio-active mineral within Antigua
and Barbuda without a licence; or

(6) being the holder of a licence, prospects for or
mines, or attempts to prospect for or mine, any radio-
active mineral within Antigua and Barbuda otherwise
than in accordance with any term or condition of his
licence; or

(c) being the holder of a licence, fails to comply
with the requirements of section 4; or

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Radio-Active Minerals (CAP. 362 5

(d) exports, or attempts to export, from Antigua
and Barbuda any radio-active mineral without a per-
mit; or

( e ) being the holder of a permit, exports, or
attempts to export from Antigua and Barbuda any radio-
active mineral otherwise than in accordance with any
term or condition of his permit; or

(f) obtains, or attempts to obtain, a licence or per-
mit by means of any false statement or representation; or

(g) fails to comply with any of the requirements
of section 8,

shall, upon summary conviction or on conviction on indict-
ment, be liable to imprisonment with hard labour for twelve
months or to a fine of twenty-five thousand dollars or to both
such imprisonment and fine:

Provided that the Magistrate may, in his discretion,
abstain from trying the case summarily and may commit
the offender for trial for an indictable offence.

(2) Upon conviction of any person for an offence under
subsection ( 1 ) any radio-active mineral or prospecting or
mining apparatus derived from or employed in the commis-
sion of any act in respect of which such person was con-
victed, shall be forfeited to Her Majesty.

10. ( 1 ) Any police officer not below the rank of examination. Powers of
sergeant or any other officer or class of officers authorized
in writing by the Governor-General in that behalf may, for
the purposes of enforcing the provisions of this Act, without
warrant or other legal process-

(a) enter and search any place where he has
reasonable grounds for suspecting that an offence under
this Act has been, or is about to be committed;

(6) search any person whom he has reasonable
grounds for suspecting to have committed, or to be about
to commit, an offence under this Act;

(c) arrest any person whom he has reasonable
grounds for suspecting to have committed, or to be about
to commit, an offence under this Act;

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6 CAP. 362) Radio-Active Minerals

(6) seize any radio-active mineral or prospecting
or mining apparatus connected therewith which he has
reasonable grounds to suspect to be, or to be about to

>be, derived from, or employed in, the commission of
any offence under this Act.

(2) Where any person is arrested, or any radio-active
mineral or prospecting or mining apparatus is seized, under
the provisions of subsection (1) such person, mineral and
apparatus shall, as soon as practicable, be brought before
the Magistrate of the district.

(3) Every person who obstructs, or attempts to obstruct,
whether actively or passively, any officer in the execution
or purported execution, of his duties under this section, shall
be liable, on summary conviction, to imprisonment with hard
labour for six months or to a fine of five thousand dollars
or to both such imprisonment and Gne.

Power of
Governor-General . 1 1. The Governor-General may, by order published
to vary schedule. in the Gazette, alter, vary or in any manner amend the

Schedule.

Regulations. 12: The Cabinet may make such regulations for
giving better effect to the provisions of this Act as they may
deem to be necessary or expedient.

Saving. 13. Nothing in this Act shall be deemed to absolve
any person from compliance with the provisions and
requirements of any other Act for the time being in force
in relation to mining or in relation to the export from Antigua
and Barbuda of any mineral.

SCHEDULE S. 2

1. Any mineral containing uranium or thorium and, in par-
ticular and without prejudice to the generality of this paragraph,
the substances hereinafter set out in this Schedule.

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Radio-Active Minerals (CAP. 362 7

2. Minerals of the pitchblende group, including pitchblende,
uraninite, ulrichite, broeggerite, cleveite and related mineral
species.

3. Secondary uranium minerals including torbernite,
autunite, uranite, rutherfordine, uranophane, gummite, thorogum-
mite, uranocircite, kasolite, becquerelite, and other silicates,
hydrates, carbonates, phosphates or arsenates of uranium.

4. Carnotite, tyuyamunite, and related uranium-bearing
vanadate ores.

5. Uranium-bearing niobate-titanate-tantalate ores,
including euxenite, polycrase, blomstrandine, priorite, sarnarskite,
fergusonite, betafite and related minerals.

6. Monazite, thorite, and thorianite.