Minerals Permits (ss 52-59)
[Ch6601s52]52.    Application for a minerals permit
    (1) Subject to the provisions of this Part, a person wishing to conduct small scale mining operations may apply for a minerals permit to conduct such operations for any mineral other than diamonds over an area not exceeding 0.5 km2 per permit.
    (2) A person wishing to obtain a minerals permit shall apply to the Minister by completing Form VII of the First Schedule.
    (3) An application for a minerals permit relating to-
    (a)    any area in respect of which consent is required under any written law shall be accompanied by evidence that such consent has been obtained;
    (b)    land of which the applicant is not the owner shall be accompanied by evidence that the consent of the owner, or, in the case of tribal territory, the consent of the appropriate land board, has been obtained; or
    (c)    a prospecting area, retention area or mining area or part thereof shall be accompanied by evidence that the consent of the holder of the prospecting licence, retention licence or mining licence has been given, unless such holder will not be prejudiced by the issue of a minerals permit.
    (4) The Minister shall grant a minerals permit if satisfied that-
    (a)    the proposed programme of working will ensure the efficient and beneficial use of the mineral resource;
    (b)    consent has been obtained-
        (i)    under any written law where such consent is required in respect of the area applied for;
        (ii)    from the owner of the area applied for; and
        (iii)    from the holder of any existing mineral concession over the land applied for.
    (5) Notwithstanding subsection 4(b)(iii) above, the Minister may grant a minerals permit without the consent of the holder of an existing mineral concession over the area applied for if such holder will not be prejudiced by the grant of a permit, and the holder has been given a reasonable opportunity to make representations to the Minister as to why a permit should be refused.
    (6) A minerals permit shall be in Form VIII of the First Schedule.
    (7) No minerals permit shall be granted for the mining of diamonds.
[Ch6601s53]53.    Permits for industrial minerals
    (1) Subject to the provisions of subsection (2), a minerals permit to exploit industrial minerals shall not be granted to a person who is not a citizen of Botswana.
    (2) The Minister may exempt any person from the provisions of subsection (1) if he is satisfied that-
    (a)    it is in the public interest that a minerals permit to exploit industrial minerals should be granted to such person; or
    (b)    the permit applied for is in respect of industrial minerals required for specific works and the applicant has given an undertaking that the minerals concerned will not be sold or otherwise disposed of for profit.
    (3) In this section "citizen of Botswana" means-
    (a)    in relation to an individual, an individual who is a citizen of Botswana;
    (b)    in relation to a partnership or association of individuals, a partnership or association which is composed exclusively of individuals who are citizens of Botswana; and
    (c)    in relation to a corporate body, a corporate body which is incorporated under the Companies Act-
        (i)    which is certified by the Minister to be controlled by the Government, or
        (ii)    whose directors and beneficial shareholders are all citizens of Botswana.
[Ch6601s54]54.    Demarcation of area covered by a minerals permit
    The holder of a minerals permit shall, within three months of the issue thereof, demarcate the area covered by such permit in such manner as may be prescribed.
[Ch6601s55]55.    Duration, renewal and termination of a minerals permit
    (1) Subject to the provisions of subsection (2), a minerals permit shall be valid for such period, not exceeding five years, as the Minister may determine and may, on application made to the Minister, be renewed for further periods not exceeding five years at a time.
    (2) Without prejudice to section 76, the Minister may terminate a minerals permit issued to exploit industrial minerals if he is satisfied that the holder thereof has ceased to be a citizen of Botswana or has entered into an arrangement with a person who is not a citizen of Botswana, as defined in section 53(3), which arrangement has the effect of transferring to that person any interest in such permit.
[Ch6601s56]56.    Rights under a minerals permit
    The holder of a minerals permit may, subject to the provisions of this Act and to any other written law, enter upon the area covered by such permit with his servants and agents and-
    (a)    mine the minerals to which his permit relates;
    (b)    dispose of the minerals to which his permit relates; and
    (c)    erect such temporary structures, other than residential buildings, as may be necessary for the purposes of mining.
[Ch6601s57]57.    Duties of holder of a minerals permit
    The holder of a minerals permit shall-
    (a)    notify the Minister of any change in his address;
    (b)    mine the mineral to which his permit relates within the area covered by his permit in conformity with good mining and environmental practice (as may be prescribed);
    (c)    submit a report to the Minister each year during the currency of his permit and any renewal thereof giving-
        (i)    the mineral production from the area covered by his permit in the preceding year and the value of such production;
        (ii)    the average number of employees during the preceding year; and
        (iii)    a brief description of his plant, vehicles and equipment; and
    (d)    at the termination of his permit, clear and make safe the area covered by his permit, to the satisfaction of the Director of Mines.
[Ch6601s58]58.    Special rights with regard to industrial minerals
    (1) Nothing in this Act shall prevent-
    (a)    a local authority on land owned by it;
    (b)    the owner or lawful occupier of any land owned or occupied by him; or
    (c)    the holder of a mineral concession on land the subject of such concession,
from prospecting for and mining industrial minerals to be used solely for building, road making or agricultural purposes on such land, so long as the exercise of such powers is not inconsistent with or detrimental to the rights of any other mineral concession holder.
    (2) For the purposes of subsection (1), a Land Board established under the Cap. 32:02 Tribal Land Act shall be deemed to be a local authority.
    (3) Any person exercising rights under this section shall do so in such manner as to minimize environmental damage and shall rehabilitate within a reasonable time, the site of any such prospecting or mining to the reasonable satisfaction of the Director of Mines.
[Ch6601s59]59.    Transfer or assignment of minerals permit
    (1) No minerals permit or any interest therein shall be transferred, assigned, encumbered or dealt with in any other way without the approval of the Minister.
    (2) In any application to the Minister for his approval under subsection (1), the applicant shall give such particulars concerning the proposed transferee, assignee, or other party concerned as would be required in an application for a minerals permit.
    (3) The Minister shall grant his approval to the transfer, assignment, encumbrance or other dealing with any minerals permit or interest therein provided the transferee is not disqualified under any provision of this Act from holding a minerals permit and the Minister is satisfied in accordance with section 52(4).
    (4) For the purposes of this section, "interest" in a minerals permit shall mean in the case of a holder who is a private company, a controlling interest in such holder.