L.R.O. 1/2012
LAWS OF GUYANA
MINING ACT
CHAPTER 65:01
Act
20 of 1989
Amended by
3 of 1992
6 of 1997
7 of 2006
18 of 2010







111 1 – ... 1/2012 (inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
LAWS OF GUYANA
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Note
of
Subsidiary Legislation

Subsidiary legislation made under this Act have been omitted from this
publication due to the advanced stage of preparation of new comprehensive
subsidiary legislation.

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CHAPTER 65:01
MINING ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Guyana Geology and Mines Commission Act to be read as part of this
Act.
4. Mining districts.
5. Mines officers and district mines officers.
PART II
RIGHT TO AND GUARDIANSHIP OF MINERALS
6. Right of State to minerals.
7. Licence or permit to mine on private lands and on State and
Government lands.
8. Right to base metals on private lands.
9. Grant of State lands after commencement of Mining Ordinance
1903 not to confer on grantee right to minerals.
10. Reservation of prospecting or mining operations in certain cases to
Government, etc.
11. Right to take minerals in certain cases.
12. Exemptions.
13. Guardianship of minerals.
14. Regulation of searching or mining for minerals.
PART III
PROSPECTING AND MINING ON LARGE SCALE
CHAPTER 1
GENERAL SECTION
15. Application of Part and definition of “licence”.
16. Parcels.
17. Restrictions on persons to whom licence may be granted.


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SECTION
18. Control of body corporate not to be given without consent of
Minister.
19. Mineral agreement.
20. Form of application for grant or renewal of licence, etc.
21. Publication of application for licence.
22. Bond by applicant for licence.
23. Notice of decision on application.
24. Power of Commission to obtain information from applicant for
licence.
25. Form of licence and publication of grant of licence.
26. Restrictions on grant of licence.
27. Restriction on exercise of rights by licensee.
28. Purchase by licensee of rights of holder of prospecting permit,
claim licence, mining permit, or special mining permit, in respect
of gold.
CHAPTER 2
PROSPECTING LICENCES
29. Application for prospecting licence.
30. Grant of prospecting licence.
31. Contents of prospecting licence.
32. Rights conferred by prospecting licence.
33. Application for renewal of prospecting licence.
34. Renewal of prospecting licence.
35. Term of prospecting licence.
36. Duties of prospecting licensee.
37. Relinquishment of prospecting area.
38. Exclusion from prospecting area.
CHAPTER 3
STEPS AFTER DISCOVERY OF MINERAL
39. Discovery of mineral of anomalous occurrence to be notified to
Commission.
40. Discovery of mineral of potential commercial interest.
41. Discovery of mineral not of potential commercial interest.
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SECTION
42. Investigation and studies.
CHAPTER 4
MINING LICENCES
43. Application for mining licence.
44. Grant of mining licence.
45. Suspension of obligations of licensee.
46. Restrictions on grant or refusal of mining licence.
47. Contents of mining licence.
48. Rights conferred by mining licence.
49. Application for renewal of mining licence.
50. Renewal of mining licence.
51. Term of mining licence.
CHAPTER 5
CANCELLATION OF LICENCE AND FORCE MAJEURE
52. Cancellation.
53. Force majeure.
CHAPTER 6
ENLARGEMENT OF PROSPECTING OR MINING AREA SECTION
54. Enlargement of prospecting or mining area.
PART IV
PROSPECTING AND MINING ON MEDIUM AND SMALL SCALE
55. Application of Part.
56. Application for prospecting permit.
57. Prospecting permits.
58. Restrictions on rights under prospecting permit.
59. Term of prospecting permit.
60. Prospecting for mineral by holder of prospecting permit.
61. Mining permits and claim licences.
62. Restrictions on grant of mining permit or claim licence.
63. Period of validity and renewal of mining permit or claim licence.

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SECTION
64. Rights and duties of holder of mining permit or claim licence.
65. Cancellation of prospecting permit, mining permit or claim
licence.
66. Saving of certain rights.
67. Special mining permits.
PART V
FINANCIAL
68. Royalty on minerals obtained under licence or permit.
69. Payment of royalty in specified foreign currency.
70. Prohibition on disposal of minerals.
71. Guarantee for compliance with Act and licence.
72. Penalty for late payments.
73. Remission and recovery of royalty.
PART VI
EXPORT OF RADIO-ACTIVE MINERALS
74. Regulation of export of radio-active minerals.
PART VII
SAFETY IN MINES AND HEALTH AND WELFARE OF WORKERS
75. Provisions regarding safety.
76. Provisions regarding welfare of workers.
77. Different provisions under section 75 or 76, having regard to
nature of mining operations.
78. Penalty for contravention of regulation made under section 75 or
76.
79. Regulations made under section 75 or 76 subject to negative
resolution.
PART VIII
RESTRICTION ON RIGHTS OF HOLDER OF LICENCE OR PERMIT AND
SURFACE RIGHTS
80. Restriction on exercise of rights in relation to certain lands.
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SECTION
81. Drilling or other mining operations near railway, etc.
82. Avoidance of interference with mining operations, etc.
83. Right to graze livestock, etc.
84. Compensation.
85. Notice of intention to commence prospecting operations, etc.
86. Acquisition of land for prospecting or mining operations.
87. Power of Minister to apply sections 80 to 86 to operations by
holder of prospecting permit, etc.
PART IX
QUARRY LICENCE
88. Grant and renewal of quarry licence.
89. Application for quarry licence or its renewal.
90. Form of quarry licence and fees for grant or renewal of licence.
91. Restriction on grant of quarry licence.
92. Term of quarry licence.
93. Rights, under quarry licence.
94. Records of quarry licence.
95. Royalty payable by holder of quarry licence.
PART X
GEOLOGICAL AND GEOPHYSICAL SURVEY
96. Permission for geological or geophysical survey.
PART XI
REGISTRATION AND LICENSING OF DREDGES, ETC.
97. Registration and licensing of dredges.
98. Application of section 97 to mining machinery, etc.
PART XII
FORFEITURE OF AIRCRAFT, ETC.
99. Definition.
100. Forfeiture of aircraft, etc.
101. Search of aircraft, etc.
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SECTION
102. Forfeiture of dredges and specified machinery not registered or
licensed.
103. Seizure of aircraft, etc.
104 Report of seizure to Magistrate.
105. Notice of seizure and claim for seized aircraft, etc.
106. Condemnation of seized aircraft, etc.on conviction
107. Complaints for forfeiture under this Part.
108. Disposal of seizure.
109. Part in addition to, and not in derogation of, other provisions.
PART XIII
SPECIAL PROVISIONS RELATING TO AMERINDIANS SECTION
110. General saving as to Amerindians.
111. Occupation of land by Amerindians.
112. Protection of person in relation to any area subject to licence or
permit.
113. Disposal of all valuable minerals and precious stones obtained by
Amerindians.
114. Forfeiture of valuable minerals or precious stones obtained
through Amerindian.
PART XIV
MISCELLANEOUS
115. Appeal against decision of Commission refusing to grant or
renew, or cancelling, licence, etc.
116. Delegation.
117. Establishment of stations.
118. Reporting at station.
119. Search of persons.
120. Obstruction of holder of licence or permit.
121. Restriction on removal of minerals.
122. Order prohibiting removal of gold, etc., without permission of
district mines officer.
123. Penalty for contravention of section 121 or order under section
124. Penalty for giving false information, etc., in application for
licence, etc.
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SECTION
125. Power of entry, etc.
126. Commission’s power to obtain information relating to prospect-
ing or mining operations.
127. General penalty.
128. Orders for forfeiture on conviction.
129. Enforcement of forfeiture.
130. Power to accept compensation for an offence.
131. Obligation of licensee to indemnify state.
132. Commissioner not to take part in hearing or deciding of appeals
by Commission in certain cases.
133. Power of exemption.
134. Amendment of Schedule.
135. Power to make regulations.
PART XV
REPEALS, SAVINGS AND AMENDMENTS OF CERTAIN
ENACTMENTS
136. Repeal of Mining Act and savings.
137. Partial repeal of State Lands Act.
138. Public Lands (Private Roads) Act not affected.
SCHEDULE
__________________________

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CHAPTER 65:01
MINING ACT
20 of 1989 An Act to make provisions with respect to prospecting for
and mining of metals, minerals and precious
stones, for regulating their conveyance and for matters
connected therewith.
[15th JULY, 1991]
Short title.
Interpretation.
[7 of 2006
18 of 2010]
c. 65:09
c. 89:01
1. This Act may be cited as the Mining Act.
2. (1) In this Act—
“body corporate” means a company or a corporation;
“claim” means the area of State land (including any river bed,
sea-bed in the maritime zones of Guyana or other area
beneath water) in respect of which a claim licence is
granted, and includes any claim located pursuant to a
prospecting permit, whether a claim licence has been
issued in respect thereof or not;
“Commission” means the Guyana Geology and Mines
Commission established by section 3 of the Guyana
Geology and Mines Commission Act;
“company” has the same meaning as in section 2(1) of the
Companies Act;
“condition” includes any term, prohibition, limitation and
stipulation;
“corporation” means a corporate body incorporated in or
outside Guyana, but does not include a company;
“discovery parcel”, in relation to any mineral, means a parcel
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in a prospecting area comprising the geological feature,
as outlined by the relevant geological or geophysical
data, in which the discovery of the mineral is located;
“exploration for any mineral” means exploration for the
purpose of discovering and evaluating the mineral and
includes geological, geophysical and geochemical
surveys;
“gold” means gold in the raw state and includes unrefined
gold amalgam, slimes and scrapings containing gold, and
smelted gold which is not manufactured into any article
of commerce;
“holder”, in relation to a licence, means the person to whom
the licence is granted and, where a licence is granted to a
person jointly with others, means every one of the
persons to whom the licence is jointly granted, and
includes every person to whom the licence or an interest
therein is lawfully transferred;
“in default” means in breach of any provision of this Act or of
any condition of a licence, any provision of a mining
agreement or any direction given by the Minister;
“land” includes land beneath water and the river-bed or sea-
bed in the maritime zones of Guyana, and the subsoil of
such land and river-bed or the sea-bed in the maritime
zones of Guyana;
“metal” includes ore or compound of a metal;
“Member State” has the same meaning assigned to it in the
Revised Treaty of Chaguaramas establishing the
Caribbean Community (CARICOM), including the
CARICOM Single Market and Economy signed at
Nassau, The Bahamas, on 5th July 2001;
“mineral” includes ore or compound of any mineral, any
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metal and precious stone and includes any radio-active
mineral, but does not include water or petroleum;
“mineral agreement” means an agreement in respect of any of
the matters referred to in section 19;
“mines officer”, for the purposes of any provision of this Act,
means a person designated as such under section 5 for
the purposes of that provision; and includes a district
mines officer;
“mining area” means an area of land in relation to which a
mining licence has been granted;
“mining district” means any portion of Guyana constituted as
a mining district under section 4;
“mining operations” means operations carried out for, or in
connection with, the mining for minerals;
“national” means a person who –
(a) is a citizen of a Member State;
(b) has a connection with a Member State of a kind which
entitles him to be regarded as belonging to or, if it be
so expressed, as being a native or resident of the State
or the purposes of the laws thereof relating to
migration; or
(c) is a body constituted in a Member state in accordance
with the laws thereof and which that Member State
regards as belonging to it, providing that such body
has been formed for gainful purposes and has its
registered office and central administration, and
carries on substantial activity within the Community
and is substantially owned and effectively controlled
by a person mentioned in paragraph (a) or (b);
For the purposes of this definition a body corporate is –
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(i) substantially owned if more than fifty percent of
the equity interest of the company is
beneficially owned by nationals mentioned in
paragraphs (a) or (b);
(ii) effectively controlled if the nationals mentioned
in paragraph (a) or (b) have the power to name
a majority of its directors or otherwise legally to
direct its actions;
“parcel” means a parcel of land constituted by the Minister by
Order and includes a part of a parcel so constituted;
“petroleum” has the same meaning as in section 2 of the
Petroleum
(Exploration and Production) Act;
“precious stones” means rough or uncut precious stones only;
“prescribed” means prescribed by the Regulations;
“prospecting area” means an area of land in relation to which
a prospecting licence has been granted under this Act;
“prospecting operations” means operations carried out for,
or in connection with, exploration for any mineral;
“the Regulations” means regulations made by the Minister
under any provision of this Act.
(2) In this Act, a reference to—
(a) cancellation of a licence, in relation to any mining area
or parcel or parcels, shall include a reference to a
direction that a licence shall cease to have effect in
respect of that mining area or parcel or parcels, but shall
not be deemed to include a reference to the cancellation
of a mining licence in relation to any mining area or
parcel or parcels under section 52(7);

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Schedule
(b) “Guyana” shall include a reference to the internal waters,
territorial sea, contiguous zone, continental shelf,
continental margin and exclusive economic zone, of
Guyana as lawfully determined from time to time;
(c) “payment” shall, where royalty in relation to the mining
of any mineral is to be paid by the holder of a mining
licence, mining permit, claim licence, special mining
permit or quarry licence in kind, be construed as a
reference to delivery of the mineral by way of royalty,
and cognate expressions shall be construed accordingly;
(d) “quarriable material” shall be deemed to be a reference
to—
(i) rock, laterite, sand or gravel, or kaolin or other
clays;” or
(ii) any other mineral specified by notification in the
Gazette by the Commission, with the
approval of the Minister, as a quarriable
mineral.
(e) “radio-active mineral” shall be deemed to be a reference
to any substance specified in the Schedule;
(f) surrender of a licence, in relation to the whole or part of
any parcel or parcels, shall be deemed, as the
context requires, to be a reference to the relinquishment,
by the holder of a prospecting licence, of the whole or
part of the parcel or parcels under section 37, exclusion of
the parcel or parcels from a prospecting area under
section 38, or cancellation of a mining licence in relation
to the parcel or parcels, on the application of the holder
of the licence, under section 52(7);
(g) “this Act” shall include a reference to subsidiary
legislation made under this Act;

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Guyana
Geology and
Mines
Commission
Act to be read
as part of this
Act.
c. 65:09
Mining
districts.
(h) “valuable mineral” shall be deemed to be a reference to
any mineral containing—
(i) gold, silver, or platinum; or
(ii) any of the rarer metals, specified by notification
in the Gazette, by the Commission with the
approval of the Minister,
or any combination of the above metals, together with
some other base metal or mineral matter in such
proportion that the gold, silver, platinum, or rarer metal,
or a combination of them, is or was of greater value than
the other metal or mineral matter in which it is or was
contained;
(i) a year of the term of a licence shall be deemed to be a
reference to a period of three hundred and sixty-five days
commencing on and including the date from which the
licence has effect or any anniversary of that date.
3. The Guyana Geology and Mines Commission Act
shall be read as part of this Act:
Provided that if there is any inconsistency between
any provision of this Act and any provision of the Guyana
Geology and Mines Commission Act, the provision of this
Act shall prevail.
4. (1) The Minister may, by notice published in the
Gazette and in at least one newspaper having circulation in
Guyana, constitute any portion of Guyana as a mining
district.
(2) In declaring any portion of Guyana as a mining
district the Minister shall, as far as possible, ensure that the
whole of one parcel or one claim shall be in one mining
district.
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Mines officers
and district
mines officers.

Right of State
to minerals.
5. (1) The Minister may by notice published in the
Gazette, designate, for the purposes of this Act or any
provision thereof, a public officer or any other person
employed by the Government or any employee of the
Commission as a mines officer and any such notice shall
specify the area for which, and for the purposes of which
provisions of this Act, the mines officer is appointed.
(2) The Minister may by notice published in
the Gazette designate, for the purposes of this Act, a public
officer or any other person employed by the Government or
an employee of the Commission as a district mines officer and
specify the mining district for which he is so appointed:
Provided that the same person may be appointed
as district mines officer for more than one mining district.
(3) A district mines officer shall have, unless the
Minister otherwise directs by notice published in the Gazette,
all the functions conferred by this Act on a mines officer and a
district mines officer within the mining district or mining
districts for which he is so designated.
(4) There shall be such other officers as may be
considered necessary for the purposes of this Act, who shall
respectively have and exercise the functions assigned to them
by or under this Act or by the Commission or the Minister.

(5) The Commissioner of Geological Surveys and
Mines shall, by virtue of his office, be a mines officer and shall
have throughout Guyana all the functions conferred by this
Act on a mines officer and a district mines officer.
PART II
RIGHT TO AND GUARDIANSHIP OF MINERALS
6. Subject to the other provisions of this Part, all
minerals within the lands of Guyana shall vest in the State.
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Licence or
permit to mine
on private
lands and on
State and
Government
lands.
Right to base
metals on
private lands.
7. (1) The Commission may, with the approval of the
Minister and subject to section 8, grant a licence or permit
under this Act authorising the holder of the licence to enter on
private lands and there search or mine for, take and
appropriate, any minerals.
(2) The Commission may, with the approval of the
Minister, grant a licence or permit under this Act authorising
the holder of the licence to enter on Government lands and
there search or mine for, take and appropriate, any minerals.
(3) A licence or permit under this Act to enter on
State lands and there search or mine for, take and
appropriate, minerals may be granted by the Commission.
8. (1) The owner of any private lands, granted before
the passing of the Mining Ordinance, 1903, shall hold and
enjoy all metals other than gold and silver therein or thereon,
and may after obtaining a licence or permit under this Act
search or mine for them in accordance with this Act and the
licence and, when found, take and appropriate them to his
own use.
(2) The owner of private lands, granted before the
passing of the Mining Ordinance 1903, shall also be entitled to
take and appropriate to his own use any metal, other than
gold or silver, contained in any valuable mineral in or on his
lands and which has been separated from the gold or silver
by the holder of a licence or permit entitling him to mine for
the gold or silver, unless the holder of such licence or permit
purchases the metal from the owner of the land at an agreed
price, or, if no agreement is reached, at a price stated in
writing by the Commission to be the net value of the metal
after paying the cost of winning it, no deduction from such
cost being made on account of gold or silver or both having
been obtained together with the metal.
(3) The owner of private lands, granted before the
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No. 1 of 1903.
Grant of State
lands after
commence-
ment of Mining
Ordinance
1903 not to
confer on
grantee right to
minerals.
Reservation of
prospecting or
mining
operations in
certain cases to
Government,
etc.
passing of the Mining Ordinance 1903, may, after obtaining a
licence or permit under this Act, search and mine for and,
when found, take and appropriate, any mineral therein or
thereon containing gold or silver, or both, together with some
other mineral in such proportion that the gold or silver or
both combined, obtainable from the mineral is or are not of
greater value than the cost of obtaining it or them alone
therefrom:
Provided that in that case the owner shall, if any
gold or silver, or both, is or are extracted from the mineral,
comply with any written law for the time being in force as to
keeping a record of gold or silver obtained and as to the
removal thereof and the payment of the royalty thereon.
(4) No licence or permit shall be granted under this
Act for searching or mining for any mineral in any private
land granted before the passing of the Mining Ordinance 1903
in a manner that will prejudice the rights of the owner of the
land under this section.
(5) Nothing in this section shall give the owner of
private lands any right to any precious stones therein or
thereon.
9. No grant of State lands made after the passing of
the Mining Ordinance, 1903, shall be deemed to have
conferred, or to confer, upon the grantee any right to any
mineral whatsoever therein, and all those minerals shall
remain the absolute property of the State.
10. The Minister may by order direct that prospecting
or mining for any mineral specified therein shall be carried
out throughout Guyana, or in any area specified in the order,
only by the Government, by a public corporation, or by a
corporate body in which the controlling interest vests in the
State or in any agency on behalf of the State.
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Right to take
minerals in
certain cases.
c. 59:02
Exemptions.
c. 65:04
11. (1) Subject to this section and the Regulations,
nothing in this Act shall operate to prevent—
(a) any person taking from land, in respect
of which he is the lawful occupier,
mineral substances or rocks, not being
or containing any valuable mineral,
for the purpose of construction of
buildings;
(b) the exercise under any written law of a
right to take mineral substances or
rocks, not being or containing any
valuable mineral, for the purpose of
building roads or for any other public
purpose; or
(c) the exercise of any power under
section 2 of the Geological Survey
Act.
(2) Nothing in subsection (1) shall be deemed to
authorise any person to take any mineral from a mining area
without the written consent of the holder of the mining
licence for the mining area.
12. (1) The provisions of this Act shall not apply to
the prospecting for or production of petroleum, and matters
connected therewith, in respect of which provisions have
been made by the Petroleum (Exploration and Production)
Act.
(2) The provisions of this Act, other than this Part and
Parts I, X and XV, shall not apply to the quarrying of any
quarriable mineral:
Provided that the Minister may by order direct that
any provision of this Act specified therein shall apply to
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Guardianship
of minerals.
Regulation of
searching or
mining for
minerals.
Act 34 of 1920
c. 62:01
quarrying any quarriable mineral subject to any exceptions,
adaptations, modifications, qualifications or restrictions that
may be specified therein.
13. Subject to the provisions of this Act, the
Commission shall have the charge of, and act as guardian
over, all minerals in the lands of Guyana.
14. (1) On and after the commencement of this Act—
(a) no person shall search or mine for any
mineral in any land in Guyana
except—
(i) under and in accordance with a
licence or permit granted by the
Commission under this Act; or
(ii) under and in accordance with a
licence, permission to explore,
concession, or any other
prospecting or mining right
granted under the Mining
Act before the commencement
of this Act and subsisting on
such commencement; and
(b) no person shall quarry any quarriable
mineral in any land in Guyana
except—
(i) under and in accordance with a
quarry permit granted under
this Act; or
(ii) under and in accordance with a
licence issued under the State
Lands Act before the
commencement of this Act and
subsisting on such
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c. 65:09
Application of
Part and
definition of
“licence”.
Parcels.
Restrictions on
persons to
whom licence
may be
granted.
[7 of 2006]
commencement:
Provided that a person may search or mine for
minerals, or quarry any quarriable mineral in any land in
Guyana, as an agent for the Commission acting in discharge
of its functions under section 4 of the Guyana Geology and
Mines Commission Act, without any licence or permit
referred to above.
PART III
PROSPECTING AND MINING ON LARGE SCALE
CHAPTER 1
GENERAL
15. (1) This Part shall apply to prospecting or mining
for gold, precious stones or any other mineral on a large scale.
(2) In this Part and Part VIII “licence” means a
prospecting licence or mining licence or both, as the context
requires granted under this Part and the expression “licensee”
shall be construed accordingly.
16. (1) The Commission may, with the approval of the
Minister, constitute by notification in the Gazette any part of
Guyana as a parcel for the purposes of this Part.
(2) The area of a parcel shall not be less than such
area as may be prescribed.
(3) Any parcel shall be constituted in such a way
that the whole of it falls in one mining district.
17. (1) No licence shall be granted to an individual,
unless he is a citizen of Guyana or a national of a Member
State and an adult.
(2) No prospecting licence shall be granted to a
body of persons unless it is—
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c. 89:01
c. 88:01
(a) a company within the meaning of the
Companies Act;
(b) a public corporation;
(c) co-operative society registered under
the Co- operative Societies Act;
(d) any other corporate body incorporated
in or outside Guyana, including a
company established outside Guyana;
(e) any organization established by the
Government or by or under any
written law in operation in Guyana
and authorized to carry on mining
operations.
(3) No mining licence shall be granted to a body of
persons unless it is –
(a) a company within the meaning of the
Companies Act;
(b) a public corporation;
(c) a co-operative society registered under the Co-
operative Societies Act;
(d) any other corporate body incorporated in
Guyana; or
(e) any organisation established by the
Government or by or under any written law
in operation in Guyana and authorised to
carry on mining operations.
(4) Any licence may be granted to two or more
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Control of
body
corporate not
to be given
without
Consent of
Minister.
persons associated together in any form of joint arrangement,
if each one of them is not disqualified to hold that licence
under any provision of this section.
(5) Where at any time a licensee is constituted of
two or more persons, the obligations to be observed and
performed by the licensee under this Act shall be joint and
several obligations, but without prejudice to any right of
contribution which may exist between all or any of them.
18. (1) A body corporate which is the holder of a
mining licence shall not, without the prior consent in writing
of the Minister—
(a) register the transfer of any equity share
or shares in the body corporate to any
particular person or his nominee; or
(b) enter into any agreement, arrangement,
or understanding, (whether or not
having legal or equitable force) with
any particular person,
if the effect of doing so would be to give, in the case
mentioned in paragraph (a), to the particular person or, in the
case mentioned in paragraph (b), to the particular person or
any other person, control of the body corporate.
(2) On application duly made to the Minister in
writing for his consent under this section, the Minister shall
give his consent if he considers that the public interest would
not be prejudiced by the change of control of the body
corporate, but shall otherwise refuse to give his consent; and
for the purpose of considering any such application the
Minister may call for and obtain such information as he
considers necessary to make a decision on the application.
(3) For the purposes of this section—
(a) a person shall be deemed to have
LAWS OF GUYANA
24 Cap. 65:01 Mining
L.R.O. 1/2012
control of a body corporate—
(i) if the person or his nominee
holds, or the person and his
nominee hold, a total of twenty
per cent or more of the issued
equity shares in the body
corporate;
(ii) if the person is entitled to
appoint, or prevent the
appointment of, half or more
than half of the directors of the
body corporate; or
(iii) if the person is entitled to
exercise, or control the exercise
of, the right to cast votes in
respect of not less than two-
fifths of the total number of
votes in respect of the issued
equity shares in the body
corporate;
(b) “equity share’’, in relation to a body
corporate, means a share in the body
corporate carrying voting rights in all
circumstances at any general meeting
of the body corporate, and includes a
preference share, other than a
preference shares which does not
have such voting rights;
(c) “preference share”, in relation to a body
corporate, means a share which
carries the right to payment of a
dividend of a fixed amount, or not
exceeding a fixed amount, in priority
to payment of a dividend on any
other class or classes of shares,
whether with or without other rights;
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Mineral
agreement.
Form of
application for
grant or
renewal of
licence, etc.
and
(d) the reference in paragraph (a)(iii) to
the entitlement to control the exercise
of the right to cast votes shall include
an entitlement to control the exercise
of that right directly or indirectly, and
includes control that is exercisable as
a result of, or by means of, trusts.
19. The Commission may, with the approval of the
Minister, enter into a mineral agreement (not inconsistent
with this Act) with any person with respect to all or any of the
following matters, namely—
(a) the grant to that person or to any other
person (including anybody corporate
to be formed), identified in the
agreement, of a licence;
(b) the conditions to be included in the
licence as granted or renewed;
(c) the procedure to be followed by the
Commission while exercising any
discretion conferred upon it by or
under this Act and the manner in
which the discretion shall be
exercised;
(d) any matter incidental to or connected
with the foregoing.
20. An application under this Act for the grant or
renewal of a licence—
(a) shall be made in accordance with the
Regulations;

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Publication of
application for
licence.
Bond by
applicant for
licence.

Notice of
decision on
application.
(b) shall be made in such form and
shall state such particulars as may be
prescribed;
(c) shall be made to the Commission;
(d) may be withdrawn, before the licence
is granted, by the applicant by giving
notice of withdrawal to the Com-
mission; and
(e) shall be accompanied by such fees
as may be prescribed.
21. The Commission may, by notice served on an
applicant for the grant or renewal of a licence, require the
applicant to do either or both of the following—
(a) publish details of his application at the
time or times, and in the manner,
specified in the notice; and
(b) give details of his application to the
persons, and in the manner, specified
in the notice.
22. The Commission may require an applicant for the
grant or renewal of a licence to execute a bond, satisfactory to
the Commission, for the performance and the observance
by the applicant of the conditions of the licence, upon grant
or renewal thereof, or to make arrangements, satisfactory to
the Commission, for the execution of such a bond.
23. (1) The Commission shall cause an applicant for
the grant or renewal of a licence to be notified of the decision
on the application giving, where it is proposed to grant or
renew the licence, details of the conditions subject to which
the licence shall be granted or renewed.
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Power of
Commission to
obtain
information
from applicant
for licence.
(2) Where an applicant for the grant or renewal of
a licence—
(a) notifies the Commission, in writing,
within a period of sixty days of the
date of the notification under
subsection (1), or within such further
period as the Commission, with the
approval of the Minister, may allow,
that he accepts the conditions of the
grant or renewal of the licence, the
Commission shall cause the licence to
be issued or renewed on those
conditions; or
(b) fails so to notify the Commission
within the aforesaid period, or further
period as the Commission may allow
with the approval of the Minister, the
application shall lapse.
24. (1) The Commission may, by notice served on an
applicant for the grant or renewal of a licence, require the
applicant to furnish to the Commission in writing, within
such reasonable time as is specified in the notice—
(a) such further information relevant to the
application as may be specified in the
notice; and
(b)if the applicant, or any of the applicants,
is a body corporate, such information
as may be specified in the notice to
enable the Commission to ascertain to
what extent the controlling power
(whether directly or indirectly) in the
direction of the affairs of the body
corporate is vested in a corporation,
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Form of licence
and publication
of grant of
licence.


Restrictions on
grant of
licence.
or an individual or individuals,
resident outside Guyana.
(2) Where an applicant for the grant or renewal of
a licence fails to comply with the requirements of a notice
served on him under subsection (1), within the time specified
therein for that purpose, the application shall lapse.

(3) To enable it to make a decision on an
application for the grant or renewal of a licence, the
Commission may—
(a) carry out, or cause to be carried out,
such investigations, negotiations or
consultations, as the Commission
considers necessary; and
(b) by notice served on the applicant
require the applicant to furnish to the
Commission, within such reasonable
time as is specified in the notice, with
such proposals, by way of alteration,
as the Commission specifies in the
notice.
25. (1) A licence shall be in accordance with such form
as may be prescribed.
(2) The Commission shall, as soon as may be
practicable after a licence has been granted or renewed, cause
notice of that fact to be published in the Gazette stating the
name of the licensee and the location and description of the
parcel in respect of which the licence has been granted.
26. (1) Any parcel in respect of which a licence with
respect to any mineral is granted shall not include any area
which is subject to—
(a) a prospecting permit, claim licence,
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Restriction on
exercise of
rights by
licensee.
mining permit or special mining
permit; or
(b) a quarry licence, unless the Commission
is satisfied that the exercise of rights
under the licence proposed to be
granted would not substantially
prejudice the carrying out of
operations under the quarry licence.
(2) A licence with respect to any mineral shall not
be granted to an applicant in respect of any parcel which is
subject to another licence with respect to the same mineral,
but licences with respect to different minerals may be given to
different persons in relation to the whole or part of the same
parcel:
Provided that the holder of the licence in respect of
a different mineral shall not interfere with the workings in
actual use of the licensee already in occupation, and shall not
be entitled to acquire any mining tenement in or upon the
land held by the prior licensee except at a distance beyond
five hundred metres or such distance as may be specified by
the Commission from those workings or from the crushing,
smelting or other works, being the property of the prior
licensee.
27. Nothing in this Act shall be construed—
(a) where the doing of any act is
prohibited by any other written law,
as authorising a licensee to do that
act; or
(b) where the doing of the act is regulated
by any other written law, as
authorising a licensee to do that act—

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Purchase by
licensee of
rights of
holder of
prospecting
permit, claim
licence,
mining permit,
or special
mining permit,
in respect of
gold.

Application for
prospecting
licence.

(i) without first obtaining any
authority (however described)
required under that written law
for the doing of the act; and
(ii) otherwise than in accordance
with that written law and any
authority referred to in
subparagraph (i).
28. (1) Where any area which is subject to a
prospecting permit, claim licence, mining permit, or special
mining permit, in respect of gold is contiguous to, or is
surrounded by, any parcel which is subject to a licence with
respect to gold, the licensee may with the permission of the
Commission buy the rights of the person holding the
prospecting permit, claim licence, mining permit or special
mining permit on such terms as may be agreed to between the
purchaser and the seller.
(2) The Commission shall not give the approval
referred to in subsection (1) unless it is satisfied that the terms
of purchase agreed to by the licensee and the holder of the
prospecting permit, claim licence, mining permit or special
mining permit are fair and just so far as the latter is
concerned.
CHAPTER 2
PROSPECTING LICENCES
29. (1) Subject to this Act, any person may make an
application for the grant of a prospecting licence in respect of
any parcel or parcels.
(2) Without prejudice to the provisions of
subsection (1), the Commission may, by notice published in
the Gazette, and in at least one newspaper having circulation
in Guyana—
(a) invite applications for the grant of a
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Grant of
prospecting
licence.
Contents of
prospecting licence in respect of any
parcel or parcels specified in the
notice;
(b) specify the period within which the
application may be made; and
(c) specify the conditions subject to which
the application may be made.
30. (1) Subject to this Act, on application duly made,
the Commission may, with the approval of the Minister, grant
on such conditions as it determines, or refuse to grant, a
prospecting licence in respect of any parcel or parcels.
(2) No prospecting licence with respect to any
mineral shall be granted to an applicant unless the
Commission is satisfied that—
(a) the applicant has adequate financial
resources, technical competence and
experience to carry on effective
prospecting operations with respect to
that mineral;
(b) his programme of prospecting
operations is adequate; and
(c) his proposals for the employment and
training of citizens of Guyana are
satisfactory, or, if the Commission is
not so satisfied, in the opinion of the
Commission there are special
circumstances which justify the
granting of the prospecting licence
and the Minister approves of the
grant thereof to the applicant.
31. (1) A prospecting licence—
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prospecting
licence.
(a) shall
(i) state the date of the grant of the
licence;
(ii) identify the parcel or parcels to
which the licence relates;
(iii) identify the mineral to which
the licence relates; and
(iv) state the conditions subject to
which the licence is granted,
including conditions necessary
to give effect to any mineral
agreement entered into by the
applicant for the licence; and
(b) may contain such other matters as the
Commission may, with the approval
of the Minister, determine for the
purposes of subsection (2) or (3) or for
any other purpose of this Act.
(2) There may be included in a prospecting licence
provision with respect to the exercise by the State, or any
agency of the State identified in the licence, of an option to
acquire on stipulated terms, or on terms to be agreed, an
interest in any venture for the mining of minerals which may
be carried on in any parcel or parcels to which the licence
relates.
(3) The Commission may specify in a prospecting
licence an initial period not exceeding six months as the
preparation period to enable the licensee to make the
necessary preparation to carry on prospecting operations.
(4) In this section “agency of the State” includes
any public corporation or any other corporate body owned or
controlled by the State or established by or under any written
law.

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Mining Cap. 65:01 33
Rights
conferred by
prospecting
licence.

32. (1) A prospecting licence, while it remains in
force, confers on the licensee, subject to this Act and to the
conditions specified in the licence or to which the licence is
otherwise subject, the exclusive right to explore for any
mineral in respect of which the licence is granted, and the
right to carry on such operations and execute such works as
are necessary for that purpose, in the prospecting area to
which the licence relates.
(2) Where in the course of the exercise, by the
holder of a prospecting licence in respect of any mineral, of
his rights under the licence he discovers evidence indicating
the existence of any other mineral in the prospecting area to
which the aforesaid licence relates, and—
(a) the prospecting licence does not relate
to such other mineral; and
(b) no prospecting licence, covering the
whole or part of the same area for
prospecting or mining for the other
mineral has been granted to any other
person,
then, the holder of the aforesaid prospecting licence may
apply to the Commission for the inclusion in his prospecting
licence of the other mineral.
(3) The Commission, upon application made to it
pursuant to subsection (2), and with the approval of the
Minister, may approve in writing the application, and with
effect from the date of such approval, the licence shall be
deemed to include the other mineral referred to in subsection
(2).
(4) The Commission shall not approve any
application under subsection (2) unless the applicant makes
such alterations to his programme of prospecting operations
as are reasonably necessary to cover adequately the
L.R.O. 1/2012
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34 Cap. 65:01 Mining
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Application for
renewal of
prospecting
licence.

Renewal of
prospecting
licence.
prospecting for the other mineral.
33. (1) Subject to this Act, a person who holds a
prospecting licence may apply, in accordance with the
Regulations, for the renewal of the licence, but such
application shall be made not more than twice.
(2) Subject to a mineral agreement, the number of
parcels, in respect of which an application for the renewal of a
prospecting licence may be made shall not exceed the number
which is one-half in total of the number of parcels in respect
of which—
(a) the prospecting licence was granted,
where the application is for the first
renewal of the licence; or
(b) the prospecting licence was first
renewed, where the application is for
the second renewal of the licence.
(3) In determining, for the purposes of this section,
the number of parcels in respect of which a prospecting
licence was granted or first renewed, there shall not be taken
into account any discovery parcel excluded from the
prospecting area pursuant to section 40(3) or 41(1) and any
discovery parcel subsisting in the prospecting area at the date
on which the application for the renewal is made.
(4) The parcels in respect of which an application
for the renewal of a prospecting licence is made under
subsection (1) shall, subject to a mineral agreement, be such
as to ensure that they constitute a contiguous area.
34. (1) Subject to subsection (2), on application duly
made under section 33 for the renewal of a prospecting
licence, the Commission shall grant a renewal of the licence
on such conditions as are necessary to give effect to the
application and the requirements of this Act, for such period,
LAWS OF GUYANA
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not exceeding one year on each occasion, as may be specified
by the Commission:
Provided that, subject to a mineral agreement, a
prospecting licence shall not be renewed—
(a) in respect of such number of parcels
as is in excess of the number in
respect of which an application for
renewal of a prospecting licence may
be made under section 33(2); or
(b) in respect of parcels which do not
constitute a contiguous area.
(2) Subject to subsection (3), the Commission shall
refuse to grant a renewal of a prospecting licence if the
licensee is in default unless the Commission, with the
approval of the Minister, considers that special circumstances
exist which justify the granting of the renewal
notwithstanding the default.
(3) The Commission shall not refuse, under
subsection (2), to grant the renewal of a prospecting licence on
application being duly made therefor under section 33—
(a) without giving to the applicant a notice
of its intention to do so—
(i) stating the particulars of the
ground for the intended
refusal; and
(ii) specifying a reasonable time
within which the applicant
may take appropriate action for
remedying the default or make
representations in relation to
the default; or
(b) if the applicant, within the time
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Term of
prospecting
licence.
specified therefor in the notice, has
remedied the default or, where the
default cannot be remedied, paid to
the Commission, in respect thereof,
adequate compensation, or has made
representation in relation to the
default and the Commission is
satisfied either that there is no default
or that there are adequate reasons for
the failure on the part of the applicant
to remedy the default.
35. (1) Subject to the other provisions of this section, a
prospecting licence, unless sooner determined by surrender
or cancellation under this Act, shall by virtue of this
subsection continue in force—
(a) for any preparation period specified
in the licence pursuant to section
31(3);
(b) for the period stipulated in the licence,
not exceeding three years next after
the date of the grant of the licence or,
if there is a preparation period, next
after the expiry of that period;
(c) for any period, not exceeding one year
on each occasion, for which the
licence is renewed pursuant to section
34; and
(d) for any period added pursuant to
section 53(3) to the term of the licence.
(2) Where a prospecting licence would otherwise
cease to be in force, then, by virtue of this subsection, the
licence shall, unless sooner determined by surrender or
cancellation under this Act, continue in force in respect of any
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parcel to which the licence relates, if an application has been
duly made for the grant of—
(a) a renewal of the prospecting licence in
relation to that parcel; or
(b) a mining licence in relation to that
parcel,
until the application is finally dealt with by the renewal of, or
refusal to renew, the prospecting licence, or, as the case may
be, by the grant of, or refusal to grant, the mining licence, or
until the application lapses.
(3) Where a prospecting licence would otherwise
cease to be in force in respect of any parcel or parcels, to
which the licence relates and wherein any mineral has been
discovered, then, by virtue of this subsection, the licence shall,
unless sooner determined by surrender or cancellation under
this Act, continue in force in respect of the said parcel or
parcels until a notice is served pursuant to section 40(1), or
until the expiry of the period of thirty days referred to in that
section, whichever first occurs.
(4) Where a notice given under section 40(1)
states that a discovery of minerals in any parcel or parcels in a
prospecting area is, in the opinion of the licensee, of potential
commercial interest and the prospecting licence relating to the
said parcel or parcels would otherwise cease to be in force,
then, by virtue of this subsection, the licence shall unless
sooner determined by surrender or cancellation under this
Act, continue in force in respect of the aforesaid parcel or
parcels until the expiry of—
(a) the period of one year specified in
section 40(2); and
(b) any further period allowed by the
Commission under the proviso to
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Duties of a
prospecting
licence.
section40(2).
36. (1) Subject to subsections (3) and (4), the holder of
a prospecting licence shall, in or in relation to the
prospecting area, meet the requirements, with respect to
work and expenditure—
(a) stipulated in the licence; and
(b) of each programme submitted pursuant
to subsection (2).
(2) The applicant for a prospecting licence, shall prior
to the grant of the licence to him, submit to the Commission
in detail an adequate programme with respect to work and
expenditure to be carried out or incurred in the first year of
the term of the prospecting licence and where such applicant
fails to do so, the application for the prospecting licence shall
be deemed to have lapsed.
(3) The holder of a prospecting licence shall not
later than two months before the anniversary in any year of
the date of the grant of the licence, submit to the Commission
in detail an adequate programme with respect to work and
expenditure to be carried out or incurred in the year of the
term of the said licence immediately following the
anniversary concerned.
(4) The Commission may, with the approval of the
Minister and on application made to it in writing by the
holder of a prospecting licence, by instrument in writing
amend or suspend any obligation arising under subsection
(1), either conditionally or unconditionally.
(5) The holder of a prospecting licence may, for
good cause, amend the details of any programme of work and
expenditure which he is required under subsection (l)(b) to
carry out or incur:

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Provided that—
(a) the licensee shall forthwith give notice
in writing to the Commission of any
such amendment, giving in the notice
the details of, and the reason for, the
amendment; and
(b) no such amendment shall have effect
so as to reduce the minimum
requirements of the overall
programme of work and expenditure
to be carried out or incurred during
the term of the prospecting licence.
(6) Where the holder of a prospecting licence fails
to carry out any part of the requirement with respect to work
and expenditure stipulated in the prospecting licence, or each
programme submitted by him pursuant to subsection (2) or
(3), then, without prejudice to any other right which may be
invoked by the Commission in respect of that failure, the
relevant provision of the licence (if any) shall apply for the
purpose of determining the liquidated damages payable to
the State by the licensee on account of such failure.
(7) The requirement in subsection (2) or (3) with
respect to an adequate programme with respect to work and
expenditure shall be deemed to have been met in any case
where the programme submitted pursuant to either of
those subsections is consistent with the requirements (if
any) with respect to work and expenditure contained in a
mineral agreement.
(8) For the purposes of subsection (3), where any
preparation period is specified in a prospecting licence
pursuant to section 31(3), the date of the grant of the
licence shall be deemed to be the date immediately
following the expiration of that period.

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Relinquishment
of prospecting
area.

Exclusion from
37. (1) Subject to subsection (2), the holder of a
prospecting licence may at any time when the licence is in
force, by giving to the Commission not less than three months
previous notice of his intention to do so, relinquish the whole
or part of any parcel in the prospecting area identified in the
notice.
(2) The area subject to a prospecting licence
relinquished under subsection (1) shall not in the aggregate be
less than ten per cent of the prospecting area covered by the
licence in the first year, twenty per cent of that area in the
second year, and fifty per cent of that area in the remaining
period, of the term of the licence, so however that the area
after such relinquishment shall in no case be less than five
hundred hectares or such other area as may be prescribed.
(3) In computing the term of a licence for the
purposes of subsection (2), any preparation period specified
in a prospecting licence pursuant to section 31(3), of the grant
shall be excluded.
(4) Any relinquishment pursuant to subsection
(1) shall be without prejudice to any obligation incurred by
the holder of the prospecting licence in respect of the area
relinquished, prior to the date of the relinquishment.
(5) Subject to a mineral agreement, any area
relinquished under subsection (1) shall, unless the
Commission, with the approval of the Minister, otherwise
directs, be such as to ensure that the remaining prospecting
area constitutes a single area or not more than three discrete
areas.
(6) Where under this section any area is
relinquished, then, the prospecting licence concerned shall
cease to have effect from the date of the relinquishment with
respect to that area.
38. Where a mining licence is granted, in respect of
LAWS OF GUYANA
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prospecting
area.
Discovery of
mineral of
anomalous
occurrence to
be notified to
Commission.
[6 of 1997]

any parcel or parcels or part thereof in a prospecting area,
to the holder of a prospecting licence in relation to that
area, the aforesaid parcel or parcels or part thereof shall cease
to be part of the prospecting area covered by that prospecting
licence.
CHAPTER 3
STEPS AFTER DISCOVERY OF MINERAL
39. (1) Where a discovery of any mineral of an
anomalous occurrence is made in a prospecting area, the
licensee in relation to that area—
(a) shall—
(i) forthwith inform the
Commission of the discovery;
(ii) within a period of thirty days
from the date of the discovery,
furnish to the Commission
particulars in writing of the
discovery; and
(iii) where the mineral discovered is
one to which his licence relates,
promptly commence a detailed
programme of evaluation in
respect of the discovery and as
soon as the evaluation is
completed forthwith submit to
the Commission a
comprehensive report of the
findings; and
(b) shall, subject to subsection (3), promptly
take all steps that are reasonable in
the circumstances relating to the
discovery to ascertain the quantity of
the mineral to which the discovery
relates.
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Discovery of
mineral of
commercial
interest.
(2) Where an anomalous occurrence of a mineral,
to which a prospecting licence relates, has been discovered in
the prospecting area covered by that licence, the Commission
may, from time to time, by notice in writing served on the
licensee, direct the licensee to furnish to it, within the period
specified in the notice particulars in writing of—
(a) the character of the mineralisation;
(b) the stratigraphic position and depth of
the discovery; and
(c) any other matters relating to the
discovery that are specified by the
Commission in the notice:
Provided that no such direction shall be given after
the licensee has served on the Commission a notice under
section 40(1) that the discovery is not of commercial interest.
(3) The Commission may, with the approval of the
Minister, by instrument in writing, exempt wholly or partly,
from the requirement of subsection (l)(b), any licensee to
whom that subsection applies, either unconditionally or
subject to such conditions as are specified in the instrument of
exemption.
(4) A person to whom a direction is given under
subsection (2) and who fails or refuses to comply with the
direction shall, on summary conviction, be liable to a fine of
thirty thousand dollars and imprisonment for two years.
40. (1) Where a mineral to which a licence relates
has been discovered in a prospecting area covered by that
licence and the licensee has, pursuant to section 39(1)(a)(iii),
submitted to the Commission evaluated test results in respect
of the discovery, the licensee shall, within thirty days of the
date of submission of the evaluated results, serve on the
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Commission a notice stating that the discovery is, or, as the
case may be, is not, in the opinion of the licensee, of potential
commercial interest.
(2) Where a notice served under subsection (1)
states that the discovery of a mineral in any prospecting area
is, in the opinion of the licensee, of potential commercial
interest, the licensee may, unless the licence is sooner
determined by surrender or cancellation under this Act,
within a period of one year after the date on which such
notice is so served, apply under section 43(1) for the grant of a
mining licence in respect of the discovery parcel or parcels in
the prospecting area or in respect of any part thereof:
Provided that the Commission, with the approval
of the Minister and on application in that behalf made by the
licensee may, if there are reasonable grounds for doing so, by
instrument in writing, allow the licensee such further time,
which it considers reasonable in the circumstances of the
case, to apply for the grant of a mining licence.
(3) Where in any case to which subsection (2)
applies, the holder of a prospecting licence fails within the
period specified in that subsection, or within such further
period as the Commission may allow under the proviso
thereto, to apply for a mining licence in respect of the whole
or part of the discovery parcel or parcels, in the prospecting
area covered by that licence, the Commission may, if the
prospecting licence is then in force in respect of the discovery
parcel or parcels, by notice served on the licensee, direct that
the licence shall cease to have effect in respect of the whole or
part, as the case may be, of the discovery parcel or parcels
with effect from the date specified therein and thereupon
the licence shall cease to have effect with effect from the date
so specified in respect of the whole or part, as the case may
be, of such discovery parcel or parcels.

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Discovery of
mineral not of
potential
commercial
interest.

41. (1) Where a notice served under section 40(1)
states that the discovery of a mineral in any discovery parcel
or parcels in a prospecting area is not, in the opinion of the
licensee, of potential commercial interest—
(a) subject to subsection (2), the
Commission may, if the prospecting
licence is then in force in respect of
the aforesaid discovery parcel or
parcels, within a period of twelve
months from the date on which the
said notice is served on it, direct by
notice in writing served on the
licensee that the licence shall cease to
have effect with respect to such
discovery parcel or parcels with effect
from the date specified therein, and
thereupon the licence shall cease to
have effect in respect of the aforesaid
discovery parcel or parcels with effect
from the date so specified; and
(b) during the aforesaid period of
twelve months, notwithstanding that
during that period the Commission
has not, pursuant to paragraph (a),
directed that the licence shall cease to
have effect in respect of the aforesaid
discovery parcel or parcels, and
during any period thereafter, section
39(1)(b) and (2) shall not apply in
respect of the discovery, and any
direction given under section 39(2)
before the commencement of the
aforesaid period of twelve months in
respect of the discovery and not
carried out before such
commencement shall cease to have
effect.
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Investigation
and studies.
(2) The Commission shall not give a direction
under subsection (1)(a) unless—
(a) it has given to the licensee a notice of
its intention to do so;
(b) it has specified in that notice a
reasonable time within which the
licensee may make representation
with respect to that notice; and
(c) on evidence available to it and after
taking into account any
representation made by the licensee, it
considers that the discovery is not of
potential commercial interest.
42. (1) Where the holder of a prospecting licence has
served, under section 40(1), a notice on the Commission
stating that a discovery of a mineral in any parcel or parcels
covered by the licence is, in the opinion of the licensee, of
potential commercial interest, the Commission may by notice
served on the licensee direct the licensee to carry out, within a
period specified in the notice, being not less than one year,
such investigations and studies as the Commission considers
appropriate for the purpose of assessing the feasibility of the
construction, establishment and operation of an industry for
the mining of such mineral in the said parcel or parcels
concerned and the licensee shall comply with the direction.
(2) The licensee shall furnish to the Commission
such reports, analysis and data resulting from the
investigations and studies carried out under this section as
the Commission, by notice served on the licensee, may
require.
CHAPTER 4
MINING LICENCES
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Application for
mining licence.
43. (1) The holder of a prospecting licence may,
within the period of one year specified in section 40(2) or
within such further period as may be allowed by the
Commission under the proviso thereto, apply under this
subsection for the grant of a mining licence in respect of any
discovery parcel or parcels in the prospecting area covered by
that licence, or in respect of any part thereof, which following
appraisal, can be shown to contain any mineral to which the
licence relates.
(2) Any person, notwithstanding that he does
not hold a prospecting licence in respect of any parcel or
parcels, may, on the Commission being satisfied on data
supplied by that person or otherwise that a mineral is located
therein, apply under this subsection for the grant of a mining
licence in respect of that parcel or parcels.
(3) An application under subsection (1) or (2)—
(a) shall be made to the Commission;
(b) shall be accompanied by such reports,
analysis and data resulting from the
investigations and studies carried out
under section 42 or otherwise;
(c) shall be accompanied by detailed
proposals by the applicant for the
construction, establishment and
operation of all facilities and services
for and incidental to the recovery,
processing, storage and transportation
of the mineral from the proposed
mining area; and
(d) shall be accompanied by such other
particulars as may be prescribed.

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Grant of
mining licence.
44. (1) Subject to section 45—
(a) where an application is duly made
under section 43(l) by the holder of a
prospecting licence, the Commission
shall grant the mining licence applied
for on such conditions as are
necessary to give effect to the
application and the requirements of
this Act; and
(b) where an application is duly made
under section 43(2), the Commission
may grant, on such conditions as it
determines, or refuse to grant, the
mining licence applied for.
(2) Conditions necessary to give effect to a mineral
agreement entered into by the applicant for a licence shall be
included in any licence granted to the applicant under
subsection (1).
(3) The holder of a mining licence shall—
(a) subject to section 45, carry on mining
and development operations and
commence production in accordance
with his programme of mining
operations;
(b) demarcate and keep demarcated, in
the manner prescribed by or
determined in accordance with, the
Regulations, the mining area; and
(c) notify the Commission when he
commences mining operations for
profit.

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Suspension of
obligations of
licensee.

Restrictions on
grant or refusal
of mining
licence.
45. The Commission may with the approval of the
Minister and on application made to it by the holder of a
mining licence, by instrument in writing, amend or suspend
any obligation arising pursuant to section 44(3)(a), either
conditionally or unconditionally.
46. (l) A mining licence in respect of any mineral
shall not be granted to an applicant therefor unless the
Commission is satisfied that—
(a) the proposals of the applicant would
ensure the most efficient and optimal
use of the mineral resources
concerned; (b) the applicant has
adequate financial resources and
technical and industrial competence
and experience to carryon effective
mining operations;
(c) the applicant is able and willing to
comply with the conditions on which
the licence is proposed to be granted;
(d) the applicant’s proposals for the
employment and training of citizens
of Guyana are satisfactory;
(e) the applicant’s proposals with respect
to the procurement of goods and
services obtainable within Guyana are
satisfactory;
(f) the exercise of any option given to the
state under section 31(2) has been
completed or arrangements have been
made for that purpose; and
(g) if the applicant is in default, special
circumstances exist which justify the
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granting of the licence
notwithstanding the default.
(2) The Commission shall not refuse an application
under section 43(l) for the grant of a mining licence unless—
(a) it has given the applicant a notice
stating the particulars of the ground
of the intended refusal, and also
stating a reasonable date within
which—
(i) the applicant may make
representation in respect of the
ground so stated; or
(ii) where the applicant is in default
or the proposals made by him
require amendment, the
applicant may remedy the
default or amend the proposals;
and
(b) the applicant has not, within the date so
specified—
(i) made any representation
or otherwise dealt
satisfactorily with the
matters referred to in the
notice; or
(ii) in the case referred to in
paragraph (a)(ii), remedied
the default or suitably
amended the proposals.
(3) Where any land is subject to more than
prospecting licence, a mining licence shall not be granted to
an applicant unless—
(a) the applicant’s prospecting licence
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Contents of
mining licence.

relates to the mineral for which the
mining licence is supplied for;
(b) the mineral to be mined is not
covered by any prospecting licence
granted to a person other than the
applicant; and
(c) the Commission, with the approval of
the Minister, is satisfied that—
(i) the mining licence shall be
granted in the public interest;
and
(ii) the rights of the holder of any
other prospecting licence in
respect of the land
concerned would not be
substantially prejudiced by the
grant of the mining licence.
47. (1) A mining licence—
(a) shall—
(i) state the date of the grant of the
licence and the period for
which it is granted;
(ii) specify the parcel or parcels to
which the licence relates;
(iii) specify the mineral to which the
licence relates; and
(iv) state the conditions subject to
which the licence is granted;
and
(b) may contain such other matters as the
Commission may determine for the
purposes of subsection (2) or (3) or for
any other purpose of this Act.
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Rights
conferred by
mining licence.
c. 66:01
(2) There may be included in a mining licence
conditions with respect to the duty of the licensee to supply
minerals, to the extent specified in the licence, to meet the
requirements of Guyana.
(3) There may be included in a mining licence
conditions with respect to the processing, disposal or sale of
minerals which may be mined.
48. (l) A mining licence, while it remains in force,
confers on the licensee, subject to this Act and the conditions
specified in the licence or to which the licence is otherwise
subject, exclusive rights—
(a) to carry on prospecting and mining
operations in the mining area in
respect of the mineral specified in the
mining licence;
(b) subject to, and in accordance with the
Guyana Gold Board Act in the case
of gold, to dispose of any mineral
recovered, or to stack or dump any
mineral or any waste product
resulting from the mining operation,
in a manner approved by the
Commission; and
(c) to carry on such operations and execute
such works as are necessary for or in
connection with any matter referred
to in paragraph (a) or (b).
(2) Subject to the provisions of subsections (3), (4)
and (5), the holder of a mining licence shall not intentionally
carry on prospecting or mining operations for a mineral,
unless it is a mineral to which his licence relates.

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Application for
(3) Where, in the course of the exercise of his rights
under a mining licence granted to him, the holder thereof
discovers any mineral, not specified in the licence, he—
(a) shall, within a period of thirty days
after the discovery, give to the
Commission a notice stating—
(i) the discovery;
(ii) particulars of the mineral
discovered; and
(iii) the circumstances in which the
discovery was made; and
(b) may request the Commission to give
its approval to the mining of the
mineral in accordance with such
programme of mining operations to
be stated in the notice referred to in
paragraph (a) or in a further notice
given within such period of time as
the Commission, with the approval of
the Minister, may allow.
(4) The Commission may, with the approval of the
Minister and upon a request made to it pursuant to
subsection (3) (b), approve in writing—
(a) the request as made for the mining of
the mineral discovered; or
(b) the request as amended by it and as
may be agreed to by the holder of the
licence.
(5) The approval given under subsection (4) shall
form part of the mining licence referred to in subsection (3).
49. The holder of a mining licence may apply, in
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renewal of
mining licence.

Renewal of
mining licence.
Term of
mining
licence.
accordance with the Regulations, for the renewal of the
licence.
50. (1) Subject to subsections (2) and (3), on
application duly made under section 49 for the renewal of a
mining licence, the Commission may, with the approval of
the Minister, grant a renewal of the licence on such conditions
as it thinks fit, or refuse to grant a renewal.
(2) The Commission shall refuse to grant a renewal
of a mining licence if the licensee is in default, unless the
Commission considers that special circumstances exist which
justify the granting of the renewal notwithstanding the
default.
(3) The period for which a mining licence may be
renewed shall not exceed seven years.
51. (1) A mining licence, unless sooner determined by
surrender or cancellation under this Act, shall by virtue of this
subsection, continue in force—
(a) for a period not exceeding twenty years
next after the date of the grant of the
licence;
(b) for any period for which the licence is
renewed under section 50; and
(c) for any period added pursuant to
section 53(3), to the term of the
licence.
(2) Notwithstanding the expiry of the term of a
mining licence, the licence shall, unless sooner determined by
surrender or cancellation under this Act, continue in force by
virtue of this subsection, in respect of any parcel to which the
licence relates if an application has been duly made for the
grant of a renewal of the licence in respect of that parcel,
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Cancellation.
until—
(a) the application is finally dealt with by
the grant of, or refusal to grant, the
renewal; or
(b) the application lapses.
CHAPTER 5
CANCELLATION OF LICENCE AND FORCE MAJEURE
52. (1) Subject to this section and section 53, where a
licensee is in default the Commission may, with the approval
of the Minister, by notice served on the licensee, cancel the
licence.
(2) For the purposes of subsection (1), a licensee
shall be deemed to be in default if he—
(a) fails to fulfil the conditions of his
licence;
(b) does not comply with the provisions
of this Act or any other written law
concerning prospecting or mining for
minerals;
(c) fails to pay any amount payable by
him under this Act or the licence; or
(d) has been convicted of an offence under
this Act.
(3) The Commission shall not, under subsection
(1), cancel a licence on the ground of any default unless—
(a) the Commission has, by notice served
on the licensee, given not less than
thirty days’ notice of the intention to
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cancel the licence on that ground;
(b) the Commission has in the notice,
specified a reasonable date before
which the licensee may, in writing
submit any representation which he
wishes the commission to consider;
and
(c) the commission has taken into account—
(i) any action taken by the licensee to
remove that ground or, where
the default cannot be remedied,
any offer by the licensee to
the Commission of adequate
compensation in respect thereof
and any action by the licensee
to prevent the recurrence of
similar grounds; and
(ii) any representation submitted to
the Commission by the licensee
pursuant to paragraph (b).
(4) The Commission shall not, under subsection
(1), cancel a licence on the ground that the licensee has failed
to pay any amount payable by him under this Act or the
licence if, before the date referred to in subsection (3) (b), and
specified in a notice under that subsection, the licensee pays
the amount together with any additional amount which may
be payable under section 72.
(5) The Commission may, with the approval of the
Minister, by notice served on a licensee, cancel his licence—
(a) if the licensee, being an individual, is—
(i) adjudged bankrupt; or
(ii) enters into any agreement or
scheme of composition with his
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creditors or takes advantage of
any law for the benefit of
debtors; or
(b) if, in the case of a licensee being a body
corporate, an order is made or a
resolution is passed winding up the
affairs of the body corporate, unless
the winding up is for the purpose of
amalgamation and the Commission
has consented to the amalgamation,
or is for the purpose of reconstruction
and the Commission has been given
notice of the proposed
reconstruction.
(6) Subject to the provisions of a mineral
agreement, where two or more persons, associated together in
any form of joint arrangement constitute a licensee, the
Commission shall not, under subsection (5), cancel the licence
on the occurrence in relation to one or some only of the
persons constituting the licensee, of an event entitling
the Commission, subject to the approval of the Minister, so to
do under that subsection if any other person or persons
constituting the licensee satisfy the Commission that he or
they, as the case may be, is or are willing and would be able
to carry out the duties and obligations of the licensee.
(7) Subject to a mineral agreement, the holder of a
mining licence may, at any time when his mining licence is in
force, by giving to the Commission not less than six months
previous notice in writing of his intention to do so, apply for
the cancellation of his licence in respect of the whole of the
mining area identified in the notice or any parcel or parcels
therein and thereupon the Commission shall, cancel by
instrument in writing his mining licence either in respect of
the whole mining area or in relation to any parcel or parcels
therein on such conditions (if any) as the Commission may
specify in the instrument.

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Force majeure.
(8) On the cancellation of a licence, the rights of the
licensee thereunder shall cease, but the cancellation shall not
affect any liability incurred by the licensee before the
cancellation and any legal proceedings that might have been
commenced or continued against him may be commenced or
continued against him notwithstanding the cancellation of the
licence as if the licence had not been cancelled.
53. (1) Any failure on the part of a licensee to fulfil
any condition of his licence or to meet any requirement of this
Act or a mineral agreement shall not be a breach of the
licence, this Act or the agreement, as the case may be, to the
extent that the failure results from an act of war, hostility,
insurrection or an exceptional, inevitable and irresistible
natural phenomenon, or from any other cause specified in the
licence or mineral agreement as constituting force majeure for
the purposes of this section.
(2) Where the licensee fails to fulfil the conditions
of his licence because of the occurrence of circumstances of a
kind referred to in subsection (1), he shall forthwith notify the
Commission giving particulars of the failure and its cause.
(3) Where a licensee is prevented from exercising
any of his rights under his licence for any period because of
the occurrence of circumstances of a kind referred to in
subsection (1), then such additional period, as may be
agreed by the Commission, with the approval of the Minister,
shall be added to the term of his licence:
Provided that the Commission may refuse to agree
to the addition of any period to the term of the licence if the
licensee could, by taking any reasonable steps which were
open to him, have exercised those rights during that period
notwithstanding any such occurrence.
(4) This section shall not apply in relation to a
failure to meet an obligation, under a licence or this Act, to
make any payment of royalty, annual charges or fees.
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Enlargement
of prospecting
or mining area.


CHAPTER 6
ENLARGEMENT OF PROSPECTING OR MINING AREA
54. (1) The holder of a prospecting or mining licence
may apply to the Commission to have his prospecting or
mining area enlarged by adding thereto any contiguous area
specified in the application and, subject to the other
provisions of this section the Commission may, with the
approval of the Minister, approve the application either
unconditionally or subject to such conditions as it may
determine, or may refuse to do so.
(2) The Commission shall not approve an
application made under subsection (1)—
(a) unless it is satisfied that to do so would
ensure the most efficient and
beneficial use of the mineral
resources of Guyana; or
(b) if, by reason of any provision of this
Act, the Commission could not with
the approval of the Minister then
grant the applicant a prospecting
licence or, as the case may be, a
mining licence over the area of land in
respect of which the licence is sought
to be enlarged or could do so only
subject to any condition which could
not be satisfied.
(3) In granting or refusing an application under
subsection (1), the Commission shall have regard to the past
performance of the applicant.
(4) An application under subsection (1) may be
granted wholly or partially.

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Application of
Part.
Application for
prospecting
permit.

Prospecting
permits.

(5) Notice of the Commission’s decision on an
application under subsection (1) shall be given to the holder
of the licence, and where the application is approved wholly
or partially the prospecting or mining area shall be deemed to
have been enlarged as specified in the notice thereof; but such
enlargement shall not be deemed to alter the term of the
licence.
PART IV
PROSPECTING AND MINING ON MEDIUM AND
SMALL SCALE
55.(1) This Part shall apply to prospecting or mining
operations with respect to any mineral on a medium or small
scale.
(2) The Minister may by the Regulations
prescribe the circumstances; in which any prospecting or
mining operations with respect to any mineral shall be
deemed to be medium scale operations or small scale
operations.
56. (1) A person, who is qualified under section 57 to
hold a prospecting permit and who desires to prospect for the
purpose of locating claims may apply to the Commissioner, in
such form as may be prescribed, for a prospecting permit.
(2) Every application under subsection (1) shall be
accompanied by such fees as may be prescribed.
57. (1) Subject to this Act, the Commission may, on
payment of the prescribed fee, issue to any person a
prospecting permit on such conditions as the Commission
may determine.
(2) A prospecting permit shall be issued only to the
following persons—
(a) an individual who is a citizen of
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Guyana and an adult;
(b) a partnership consisting of two or more
citizens of Guyana;
(c) a company whose entire issued share
capital is beneficially owned by
citizens of Guyana or by a corporation
which has been established by or
under a written law in operation in
Guyana, or partly by such citizens
and partly by such a corporation;
(d) a co-operative society registered
under the Co- operative Societies
Act;
(e) a public corporation, or any other
corporate body established by or
under any written law in force in
Guyana; or
(f) any organisation established by the
Government or by or under any
written law in force in Guyana and
authorised to carry on mining
operations.
(3) A prospecting permit shall not be issued to a
person unless the Commission is satisfied that the person
intends, within the limits of his competence and resources, to
undertake prospecting operations without undue delay.
(4) A prospecting permit shall be in such form as
may be prescribed and shall describe the land wherein the
holder of the permit may carry on prospecting operations, the
mineral in respect of which the holder of the permit may
prospect and whether the operations are medium scale or
small scale operations.
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Restrictions on
rights under
prospecting
permit.
Term of
prospecting
permit.
58. (1) The holder of a prospecting permit shall
not carry on prospecting operations—
(a) in land in any prospecting area or
mining area; or
(b) in land—
(i) which is part of a claim, unless
he holds a claim licence in
respect thereto;
(ii) which is part of an area subject
to a mining permit; or
(iii) which is part of an area subject
to a quarry licence unless the
Commission is satisfied that the
exercise of rights under the
prospecting permit in such
area would not substantially
prejudice the carrying out of
operations under the quarry
licence and gives its approval
to the carrying on of the
prospecting operations in such
area.
(2) A prospecting permit shall not be transferred.
(3) Section 27 shall mutatis mutandis apply in
relation to the holder of a prospecting permit as it applies in
relation to a licensee referred to in that section.
59. A prospecting permit shall expire on the expiry of
twelve months from the date of issue of the permit, and may
be renewed on each occasion for a further period of twelve
months on application made therefor in the prescribed form
and on payment of prescribed fees.
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Prospecting for
mineral by
holder of
prospecting
permit.

Mining permits
and claim
licences.
60. (1) Subject to this Act and the conditions of the
permit, the holder of a prospecting permit for medium scale
operations may enter on any land identified in the permit as
land in which he is authorised to prospect and carry on, in
accordance with the Regulations, prospecting operations in
that land for any mineral in respect of which the
prospecting permit has been granted.
(2) Subject to this Act, the holder of a prospecting
permit for small scale operations may locate a claim or claims
in accordance with the Regulations.
61. (1) Where the holder of a prospecting permit
discovers a minera1 of an anomalous occurrence, in the land
subject thereto or locates a claim, he shall within sixty days, or
such longer period thereafter as the Commission may allow,
apply in accordance with the Regulations for a mining permit
or a claim licence for mining, by way of medium scale
operations or small scale operations, for the mineral in such
land or the claim, and if he does not do so the prospecting
permit shall lapse.
(2) Every application for a mining permit or a
claim licence shall be accompanied by such fees as may be
prescribed.
(3) Subject to this Act, on application made
therefor by the holder of a prospecting permit and on
payment of such fees as may be prescribed, the applicant shall
subject to such conditions as may be determined by the
Commission, be granted—
(a) where the prospecting permit is for
medium scale operations, a mining
permit; or
(b) where the prospecting permit is for
small scale operations, a claim
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Restrictions
on grant of
mining permit
or claim licence.
licence.
(4) A mining permit or a claim licence shall
identify the boundaries of the land and the mineral in respect
of which it has been granted and shall be in such form as may
be prescribed.
62. (1) A mining permit or a claim licence shall not be
granted to any person pursuant to section 61 in respect of—
(a) any mineral, or any land, other than
the mineral or the whole or part of the
land identified in the prospecting
permit held by the applicant for the
mining permit or claim licence; or
(b) any land which, at the time the
application for the mining permit or
claim licence is made, is subject to a
mining permit, claim licence, a special
mining permit or a mining licence in
favour of another person.
(2) The Commission shall not grant a mining
permit or claim licence—
(a) if it has reasonable grounds to believe
that the applicant does not intend to
carry on, in good faith, within the
limits of his competence and
resources, mining operations in the
proposed claim;
(b) if the applicant is in default and the
Commission is not satisfied that there
are sufficient grounds to waive the
default; or
(c) if the area in respect of which the
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Period of
validity and
renewal of
mining permit
or claim licence.

mining permit or claim licence is
sought is in excess of the area
prescribed.
63. (1) Subject to this Act, a mining permit granted
pursuant to section 61—
(a) shall be valid for a period of five years
from the date of the grant of the
permit; and
(b) may, on application made to the
Commission, be renewed for further
periods, not exceeding five years on
each occasion or for the life of the
deposit of the mineral in respect of
which it is granted, whichever is
shorter.
(2) Subject to this Act, a claim licence granted
pursuant to section61—
(a) shall be valid from the date on which
the claim licence is granted until the
31st December of the year in which it
is granted; and
(b) may be renewed on each occasion for
a further period of twelve months
commencing on the 1st January in
each year, on application duly made
to the Commission for the renewal of
the claim.
(3) A mining permit or claim licence shall not be
renewed pursuant to subsection (1)—
(a) unless the Commission is satisfied that
the applicant for the renewal has
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Rights and
duties of holder
of mining
permit or claim
licence.
c. 66:01
carried on, in good faith, within the
limits of his competence and
resources, mining operations in the
claim area and intends to continue
doing so; or
(b) if the applicant for the renewal is in
default and the Commission is not
satisfied that there are sufficient
grounds to waive the default.
64. (1) Subject to this Act and the conditions subject to
which a mining permit or claim licence is granted, the holder
of a mining permit or claim licence has the right to enter the
area covered by the mining permit, or the claim in respect of
which the claim licence is granted, as the case may be, and
has the exclusive right, while the mining permit or claim
licence is in force, to mine therein, and subject to and in
accordance with the Guyana Gold Board Act in the case of
gold, to remove therefrom and dispose of, the minerals in
respect of which the mining permit or the claim licence is
granted.
(2) The holder of a mining permit or claim licence
shall—
(a) carry on mining operations, in good
faith, in the area covered by the
mining permit, or the claim in respect
of which the claim licence is granted,
as the case may be, within the limits
of his competence and resources;
(b) furnish the Commission with such
information relating to his
prospecting or mining operations
carried on in the area referred to in
paragraph (a) as the Commission
may reasonably require or as may be
prescribed; and
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Cancellation of
prospecting
permit, mining
permit or claim
licence.

(c) carry out promptly any direction
relating to mining or prospecting
operations which may be given to him
by the Commission pursuant to this
Act for the purpose of ensuring safety
or good mining practice or such other
purpose as may be prescribed.
(3) Section 27, shall mutatis mutandis apply in
relation to the holder of a mining permit or claim licence as it
applies in relation to a licensee referred to in that section.
65. (1) Subject to this section, where the holder of a
prospecting permit, mining permit or a claim licence is in
default, the Commission may, with the approval of the
Minister, by notice in writing served on the holder by
registered post, cancel the prospecting permit, mining permit
or the claim licence, as the case may be.
(2) The Commission shall not, under subsection
(1), cancel a prospecting permit, mining permit or claim
licence on the ground of default unless—
(a) the Commission has, by notice in
writing served on the holder
thereof—
(i) given not less than thirty
days’ notice of the
Commission’s intention to
cancel the prospecting permit,
mining permit or claim licence
on the ground of default; and
(ii) specified a date on which the
holder may in writing, or in
person, or by counsel submit to
the Commission any matter
which he wishes the
LAWS OF GUYANA
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Commission to consider; and
(b) the Commission has taken into
account—
(i) any action taken by the holder
to remove the default or to
prevent the recurrence of such
default; and
(ii) any matters submitted to the
Commission by or on behalf of
the holder of the prospecting
permit, mining permit or
licence pursuant to paragraph
(a)(ii):
Provided that nothing in this subsection shall
apply in the case of a default comprising non-payment of any
rent due under this Act or the prospecting permit, mining
permit or claim licence, as the case may be.
(3) The Commission shall not, under subsection (1)
cancel a prospecting permit, mining permit or claim licence
on the ground that the holder thereof has failed to pay any
amount, other than rent, payable by him under this Act in
respect of the prospecting permit, mining permit or claim
licence as the case may be, if, before the date specified in the
notice referred to in subsection (2)(a), such holder pays the
amount of money concerned together with any penalty which
may be payable pursuant to section 72.
(4) The Commission may, with the approval of the
Minister, by notice in writing served on the holder of a
prospecting permit, mining permit or claim licence, cancel the
prospecting permit, mining permit or claim licence, as the
case may be—
(a) if the holder thereof, being an
individual, is—
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Saving of
certain rights.
Special mining
permits.

(i) adjudged bankrupt; or
(ii) enters into any agreement or
scheme of composition with his
creditors or takes advantage of
any law for the benefit of
debtors; or
(b) if, in the case of a holder, being a
company or a corporation, an order is
made or a resolution is passed
winding up the affairs of the company
or corporation, unless—
(i) the winding up is for the purpose
of amalgamation or
reconstruction;
(ii) the Commission has been
given written notice thereof;
and
(iii) the Commission has consented
to the amalgamation or
reconstruction.
66. On the cancellation of a prospecting permit,
mining permit or claim licence, the rights of the holder of the
prospecting permit, mining permit or claim licence shall
cease, but the cancellation shall not affect any liability
incurred by him before the cancellation, and any legal
proceedings, that might have been commenced or continued
against the former holder of the prospecting permit, mining
permit or claim licence, may be so commenced or continued
against him notwithstanding the cancellation of the licence as
if the licence had not been cancelled.
67. (1) The Regulations may make provision for—
(a) the grant and renewal of special mining
permit in respect of any mineral, and
the restrictions and limitations in
LAWS OF GUYANA
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Royalty on
minerals
obtained under
licence or
permit.
relation thereto; and
(b) the rights and duties of the holder of
any such permit,
in cases where, because of the nature of the operations
involved the Commission is of the opinion that the operations
could not appropriately be carried on under the other
provisions of this Act.
(2) The Regulations made pursuant to
subsection (1) may provide for the application, with or
without modifications, exceptions, restrictions or
qualifications, of any provision of this Act to, and in relation
to, the special mining permits referred to above and any
holder thereof.
PART V
FINANCIAL
68. (l) Subject to this Act, the holder of a mining
licence shall, in accordance with his licence and this Act, pay
to the Government royalty in respect of minerals obtained by
him, or by any other person on his behalf or with his
permission, from the mining area to which the licence relates.
(2) Subject to this Act, the holder of a mining
permit, a claim licence, a special mining permit or a quarry
licence shall, in accordance with this Act, pay to the
Government royalty in respect of minerals obtained by him,
or by any person on his behalf or with his permission, from
the area covered by the mining permit, the claim licence, the
special mining permit or the quarry licence, as the case may
be.
(3) Royalty shall be payable—
(a) pursuant to subsection (1)—

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Payment of
royalty in
specified
foreign
currency.
Prohibition on
disposal of
minerals.
[6 of 1997]
(i) at the rate fixed by, or computed
in accordance with the
provisions of, the mining
licence concerned; or
(ii) if no rate is so fixed, or provisions
so made, in the mining licence
concerned, at
the rate prescribed; or
(b) pursuant to subsection (2), at the rate
prescribed.
(4) Royalty shall be payable in kind by the holder
of a mining licence, a mining permit, a claim licence, a special
mining permit or a quarry licence, if—
(a) in the case of a mining licence, the
mining licence or the Regulations; or
(b) in any other case, the Regulations,
provide for the payment of royalty in
kind.
69. (l) Where royalty in respect of any mineral is
payable in cash, the royalty shall, if so directed by the
Minister, be paid in such foreign currency, or in any of two or
more foreign currencies, specified by the Minister in the
direction.
(2) In this section “foreign currency” means any
currency other than Guyana dollar, which is legal tender in
any country outside Guyana.
70. (1) If the holder of a mining licence, mining
permit, claim licence, special mining permit or quarry licence
fails to pay any royalty payable by him on or before the due
date, or any further time allowed by the Minister, the Minister
may, by notice served on the holder of the mining licence,
mining permit, claim licence, special mining permit or quarry
LAWS OF GUYANA
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Guarantee for
compliance
with Act and
licence.
Penalty for late
payment.
licence, prohibit the removal of, or any dealings in, or with,
any mineral from the area, covered by any such licence or
permit, or from any other area covered by a mining licence,
mining permit, claim licence, special mining permit or quarry
licence held by that holder, or from both areas, until all
outstanding royalty in arrears has been paid or until an
arrangement has been made, and accepted by the Minister,
for the payment of the royalty in arrears, and the holder of
such permit or licence shall comply with the notice.
(2) Any person who contravenes a notice under
subsection (1) shall, on summary conviction, be liable to a fine
of seventy-five thousand dollars and imprisonment for five
years.
71. The Commission may, with the approval of the
Minister, from time to time, make such arrangements as
appear appropriate to the Commission to secure that the
holder of a mining licence complies with this Act and his
licence, and in particular may accept guarantees in respect of
that compliance from any person including shareholders in a
body corporate, whether or not the body corporate is, or is to
be, the holder of a licence.
72. (1) Where the liability of a person under this Act or
a licence to pay an amount is not discharged on or before the
date when the amount became payable, there shall be payable
by that person, by way of penalty, an additional amount
calculated at the rate of one-third of one per cent per day,
upon so much of that amount as from time to time remains
unpaid, to be computed from the date on which that amount
became payable and until it is paid.
(2) The Minister may, in any particular case, for
any reason that is in his opinion sufficient, remit the whole or
part of the amount payable by way of penalty under this
section.

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Remission and
recovery of
royalty.
(3) Where royalty to be paid by a licensee is
payable in kind, any references to “amount” in this section
shall be construed as a reference to the price of the mineral
payable as royalty computed as on the date on which it
becomes payable.
73. (1) The Minister may, on application made to him
by the holder of a mining licence, mining permit, claim
licence, special mining permit, or quarry licence and after
consultation with the Minister assigned responsibility for
finance, by order, and subject to any conditions that may be
specified therein—
(a) remit, in whole or in part, any royalty
payable by the applicant; or
(b) defer payment of any royalty, specified
in the order.
(2) Royalty payable in cash pursuant to section 68
and any penalty payable in respect of that royalty under
section 72, shall be deemed to be a debt due to the State and
recoverable in the same manner as revenues due to the State.
(3) A certificate by the Commission certifying that
a specified amount of royalty or penalty is payable by a
person identified in the certificate shall, in any proceedings
taken against that person for the recovery of any royalty or
penalty, be received as evidence of that fact, but without
prejudice to the right to adduce evidence in rebuttal.
(4) Where royalty is payable in kind, the price of
the mineral payable as royalty computed as on the date on
which it became payable, and any penalty payable in respect
of that royalty under section 72, shall be deemed to be a debt
due to the State and may be recovered in accordance with
subsections (1) and (2).
(5) The provisions of this section shall be without
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Regulation of
export of radio-
active minerals.
[6 of 1997]

Provisions
regarding
safety.
prejudice to any other provision of this Act.
PART VI
EXPORT OF RADIO-ACTIVE MINERALS
74. (1) No person shall export, or attempt to export,
from Guyana any radio-active mineral except under and in
accordance with a permit granted under subsection (2).
(2) The Commission may, with the approval of the
Minister, grant to any person a permit to export any radio-
active mineral on such conditions as may be specified in the
permit.
(3) Any person who contravenes subsection (1)
shall on summary conviction, be liable—
(a) in the case of an individual to a fine of
fifteen thousand dollars and to
imprisonment for one year;
(b) in the case of a body corporate to a
fine of seventy-five thousand dollars
and to imprisonment for one year.
PART VII
SAFETY IN MINES AND HEALTH AND WELFARE OF
WORKER
75. (1) The Regulations may make provisions for the
arrangements to be made, and steps to be taken, in respect of
all matters needed for ensuring safety in mines or quarries or
in prospecting, mining or quarrying operations, including
maintenance of books and documents and provision of
facilities for mines officers or other persons to inspect mines.
(2) There shall be such number of officers, with
such titles, qualifications and functions, as may be determined
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Provisions
regarding
welfare of
workers.

c. 99:01
Different
provisions
under section
75 or 76,
having regard
to nature of
mining
operations.
by the Minister for the purposes of administering the
Regulations made under this section, and for enforcing their
compliance.
76. (1) The Regulations may make provisions for
the measures to be taken, and the facilities to be provided, by
the owner or manager of a mine or quarry, or any other
person carrying on prospecting, mining or quarrying
operations in respect of the health and welfare of the workers
and other persons employed by him, including provisions in
respect of hours of work, facilities for maintaining health of
the workers and other persons so employed, and facilities to
be provided to any trade union, which is a recognised
bargaining agent for such workers or any class of such
workers or, in the absence of any such trade union in respect
of such workers or class of workers, any trade union enjoying
substantial support among such workers or class of workers.
(2) There shall be such number of officers, with
such titles, qualifications and functions, as may be determined
by the Minister for the purposes of administering the
Regulations made under this section, and for enforcing their
compliance.
(3) The Regulations made under this section may
prohibit the employment of persons below the age specified
therein in any category of work relating to prospecting,
mining or quarrying operations.
(4) The provisions of subsection (3) shall be
without prejudice to the provisions of the Employment, of
Young Persons and Children Act.
77. The regulations made under section 75 or 76 may
make different provisions applicable to different persons,
having regard to the nature of the operations, the mineral in
respect of which the operations are being carried on and the
nature of the functions of any category of workers.

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Penalty for
contravention
of regulation
made under
section 75 or
76.
[6 of 1997]

Regulations
made under
section 75 or
76 subject to
negative
resolution.
Restriction on
exercise of rights
in relation to
certain lands.
78. Any Regulation made under section 75 or 76 may
provide that any person who contravenes it shall be liable on
summary conviction to a fine not exceeding thirty thousand
dollars or to imprisonment not exceeding one year or both
and where the offence is a continuing one, to a further penalty
not exceeding one thousand five hundred dollars for each day
during which the offence continues.
79. Any Regulation made under section 75 or 76 shall
be subject to negative resolution of the National Assembly.
PART VIII
RESTRICTION ON RIGHTS OF HOLDER OF LICENCE
OR PERMIT,
AND SURFACE RIGHTS
80. (1) A licensee shall not exercise any of his rights
under this Act or his licence—
(a) except with the written consent of the
Minister, in respect of—
(i) the foreshore;
(ii) any land set apart or required
for such public purposes (other
than mining development) as
may be prescribed;
(iii) any land dedicated as a place of
burial or which is a place of
religious significance;
(iv) any land within, or within two
hundred metres (or such
greater distance as may be
prescribed) of the boundaries
of, any township, or of any land
LAWS OF GUYANA
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c. 65:04
set apart for a new township or
a town extension; or
(v) any land within, or within two
hundred metres (or such
greater distance as may be
prescribed) of the boundaries
of, any village, or of any land
set apart for a new village or a
village extension;
(b) except with the written consent of the
lawful occupier thereof, in respect
of—
(i) any land which is the site of, or
which is within two hundred
metres (or such greater
distance as may be
prescribed) of, any inhabited,
occupied or temporarily
unoccupied house or building;
(ii) any land within fifty metres (or
such greater distance as may be
prescribed) of any land which
has been cleared or ploughed
or otherwise bona fide prepared
for the growing of, or upon
which there are growing,
agricultural crops; or
(iii) any land from which during the
year immediately preceding,
agricultural crops have been
reaped;
(c) in respect of any area which is subject
to a petroleum production licence
under the Petroleum (Exploration and
Production) Act except with the
written consent of the holder of that
LAWS OF GUYANA
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Drilling or
other mining
operations near
railway, etc.
Avoidance of
interference
with mining
operations, etc.

Right to graze
livestock, etc.
licence; or
(d) in respect of any prescribed land or
area, except with the consent of such
person as may be prescribed.
(2) Any consent under subsection (1)(a) may
be given unconditionally or subject to such conditions as are
specified in the instrument of consent; and before giving any
consent under subsection (1)(a)(iv) or (v) where there is a
local government authority responsible for the government of
the relevant township or village, the Minister shall consult
that authority.
(3) In this section “foreshore” means that part of
the shore of the sea and of tidal navigable rivers which is
covered by the medium high tide between the spring tides
and the neap tides.
81. A licensee shall not carry on any drilling or other
mining operations at any point within two hundred metres of
a railway, dam, reservoir, canal or other public work except
with the written consent of the Minister or of any person
authorised by him, either specifically or generally, in that
behalf, and such consent may be given either
unconditionally or subject to such conditions as may be
specified in the instrument of consent.
82. A licensee shall exercise his rights under this Act
and his licence in such manner as to offer no unnecessary, or
reasonably avoidable obstruction or interruption to any
mining or prospecting operations being carried on in the land
subject to the licence or lands adjacent thereto.
83. (1) The lawful occupier of any land in a
prospecting area or mining area shall retain any right which
he may have to graze livestock upon or to cultivate the
surface of the land, except in so far as the grazing or
cultivation interferes with prospecting or mining operations
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Compensation.
in such area.
(2) The lawful occupier of any land in a mining
area shall not erect any building or structure in the area
without the consent of the holder of the mining licence; but if
the Minister considers that the consent is being unreasonably
withheld, the Minister may give in writing his consent to the
lawful occupier for doing so and thereupon the lawful
occupier may do so subject to the conditions (if any) imposed
by the Minister.
(3) The rights conferred by a licence shall be
exercised reasonably and so as to effect as little as possible the
interest of any lawful occupier; of the land subject to the
licence or on which rights under the licence are exercised,
consistent with the reasonable and proper conduct of
operations pursuant to the licence.
(4) Without limiting the generality of the
provisions of subsection (3), a person carrying on prospecting
or mining operations under a licence, shall not, except where
that person gives to the Commission prior notice in writing of
the expected nature and duration of the interference, take any
action which in any way will interfere with fishing or
navigation, lawfully being carried on.
84. (1) Where, in the course of prospecting or mining
operations in any parcel of land in any prospecting area or
mining area, any damage is caused or done to the surface of
the parcel of land, or to any cultivation or building, thereon,
as a result of those operations, the licensee shall be liable to
pay fair and reasonable compensation to the holder of any
right, title or interest in or over that parcel of land in
accordance with his right, title or interest.
(2) The compensation payable under subsection (1)
shall be such sum as may be agreed to between the licensee
and the person entitled to receive the compensation or, if they
fail to arrive at an agreement, such sum as may be determined
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Notice of
intention to
commence
prospecting
operations, etc.
Acquisition of
land for
prospecting or
mining
operations.
c. 62:05
Power of
Minister to
apply sections
80 to 86 to
operations by
holder of
prospecting
permit, etc.

Grant and
renewal of
quarry licence.
by the High Court on application made to it by the licensee or
the person entitled to receive compensation.
85. A licensee shall, before commencing prospecting
operations or mining operations in any parcel, give to the
holder of any right, title or interest in or over that parcel or
who is in occupation thereof, notice, in such manner and form
as may be prescribed, of the licensee’s intention to commence
the operations.
86. (1) The Minister may acquire land for the purpose
of carrying on, or facilitating the carrying on, of prospecting
or mining operations.
(2) The provisions of the Acquisition of Lands
for Public Purposes Act shall mutatis mutandis apply to the
acquisition of any land under subsection (1) as if the carrying
on, or facilitating the carrying on, of the prospecting or
mining operations, for the purposes of which the land is being
acquired, were a public work.
87. (1) The Minister may by order apply the
provisions of sections 80 to 86 (inclusive), with such
modifications, adaptations, qualifications or exceptions as
may be specified therein to operations by the holder of a
prospecting permit, a mining permit, a claim licence, a special
mining permit or quarry licence.
(2) An order under subsection (1) shall be subject
to negative resolution of the National Assembly.
PART IX
QUARRY LICENCE
88. (1) Subject to the provisions of this Act, a licence
for the quarrying of any quarriable mineral (hereinafter
referred to as quarry licence) may be granted or renewed by
the Commission.

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c. 89:01
Application for
quarry licence
or its renewal.
Form of quarry
(2) A quarry licence shall be granted only to—
(a) an individual who is a citizen of
Guyana;
(b) a company within the meaning of the
Companies Act; or
(c) any organisation established by the
Government, whether incorporated or
not.
(3) A quarry licence shall be granted only—
(a) in respect of State land or Government
land; or
(b) in respect of any other land owned by
the applicant for the licence or, where
the land is owned by any other
person, the applicant has entered into
an arrangement in writing with such
other person under which the
applicant has the right to quarry for
and remove the mineral to which the
application relates.
(4) A quarry licence shall be subject to this Act,
such conditions as may be prescribed or other conditions that
may be specified in the licence.
89. (1) Every application for a quarry licence or for
the renewal of a quarry licence shall be in such form, and
shall contain such particulars as may be prescribed.
(2) Every application referred to in subsection (1)
shall be accompanied by such fees as may be prescribed.
90. (1) Every quarry licence shall be in such form may
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licence and
fees for grant
or renewal of
licence.
Restriction on
grant of quarry
licence.

Term of
quarry licence.
be prescribed.
(2) Such fees as may be prescribed shall be
payable for the grant of a quarry licence or for renewal
thereof.
91. No quarry licence shall be granted in respect of
any land which is, at the time when the quarry licence is
granted, subject to—
(i) a mining licence;
(ii) a mining permit;
(iii) a claim licence;.
(iv) a special mining permit; or
(v) any other quarry licence,
unless the Commission is satisfied that the exercise of rights
under the proposed quarry licence would not substantially
prejudice the carrying out of operations under any such
licence or permit as is referred to in paragraphs (i) to (v)
(inclusive).
92. (1) Subject to this Act, a quarry licence shall be
valid—
(a) for such period, not exceeding fifteen
years, as may be specified in the
licence, including the date of issue of
the licence; and
(b) for any further period, not exceeding five
years on each occasion, for which the
quarry licence is renewed.
(2) In determining the period for which any quarry
licence is to be granted, the Commission shall have regard to
the scale of operations to be carried on under the licence,
including the expenditure involved and the equipment to be
used.
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Rights under
quarry licence.
Records of
quarry licence.

Royalty
payable by
holder of
quarry licence.
Permission for
geological or
geophysical
survey.
(3) A quarry licence may state that it is
transferable, and where it is so stated, the licence may be
transferred with the approval of the Commission, but
otherwise a quarry licence shall not be transferrable.
(4) The provisions of section 65, with the
exception of the proviso to subsection (2) of that section, shall
mutatis mutandis apply in relation to the cancellation of a
quarry licence.
93. (1) The holder of a quarry licence may, subject to
this Act and the conditions of the licence, enter upon the land
specified in his licence and quarry and remove therefrom, and
dispose of, any mineral to which his licence relates.
(2) Section 27, shall mutatis mutandis apply in
relation to the holder of a quarry licence as it applies in
relation to a licensee.
94. Subject to the Regulations, the Commission shall
maintain a register, in such manner and containing such
particulars as may be prescribed of all quarry licences issued
under this Chapter, and of the renewal, transfer or
cancellation of any such licence.
95. (1) The holder of a quarry licence shall pay to the
Government royalty at such rate as may be prescribed.
(2) Royalty payable under subsection (1) shall be
payable in kind if, and to the extent to which, prescribed by or
under the Regulations.
PART X
GEOLOGICAL AND GEOPHYSICAL SURVEY
96. (1) The Minister may permit any person to carry
on geological, geophysical and other surveys and
investigations in Guyana or any part of it which in his
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Registration
and licensing
of dredges.
Application of
section 97 to
mining
machinery, etc.
opinion are relevant for the prospecting for, or mining of, any
mineral, on such terms and conditions as may be agreed
between the Minister and the applicant for the permission.
(2) The terms and conditions referred to in
subsection (1) may include terms and conditions relating to—
(a) the period for which the permission is
granted;
(b) furnishing to the Minister information
obtained as a result of any survey or
investigation referred to in that
subsection;
(c) restrictions, if any, on the dissemination
to any person, other than the Minister,
of any information obtained as a
result of the survey or investigations;
and
(d) payment to the Government of fees for
the grant of the permission.
PART XI
REGISTRATION AND LICENSING OF DREDGES, ETC.
97. The Regulations may prescribe that the owner of a
dredge which is in a mining district or claim shall register the
dredge and shall take out a licence for the dredge, and where
any such regulations have been made, no dredge which is not
registered, or for which a licence has not been taken out, in
accordance with the Regulations, shall be taken into or kept in
any mining district or claim.
98. Section 97 and the Regulations shall apply to such
machinery, equipment or plant, being machinery, equipment
or plant which is used or which can be used for mining,
processing or preparation of any mineral, as may be specified
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Definition.
c. 65:09
Forfeiture of
aircraft, etc.

by the Minister by order.
PART XII
FORFEITURE OF AIRCRAFT, ETC.
99. In this Part the expression “Commissioner” has
the same meaning as in the Guyana Geology and Mines
Commission Act.
100. (1) Any aircraft, ship or carriage, together with
all animals and things, or any dredge or machinery, made use
of in the commission of an act, or for a purpose, prohibited by
or under this Act shall be forfeited and the forfeiture of any
aircraft, ship, carriage, animal, thing, dredge or machinery,
shall be deemed to include the tackle, apparel and furniture, if
any, thereof:
Provided that where—
(a) the Minister; or
(b) the magistrate, in any proceedings
under this Act for forfeiture and
condemnation of any aircraft, ship,
carriage, together with all animals
and things, or any dredge or
machinery, liable for forfeiture under
this section,
is satisfied beyond reasonable doubt that—
(i) the person who was the owner
of the aircraft, ship, carriage,
together with all animals and
things, or the dredge or
machinery; and
(ii) in the case of an aircraft or ship,
every person who was a
responsible officer thereof or in
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c. 82:01
Search of
aircraft, etc.
the case of a dredge or
machinery the person in charge
thereof, when it was made use
of in the commission of any act
or for any purpose aforesaid,
was not concerned in or privy
to such use, the aircraft, ship,
carriage, together with all
animals and things, or the
dredge or machinery, as the
case may be, shall be restored
to the owner thereof.
(2) In this section the expression “responsible
officer”, in relation to any aircraft or ship, has the same
meaning as in section 201(2) of the Customs Act and includes
also such other officers, not mentioned therein, as may be
specified by the Minister by order.
101. (1) Subject to the other provisions of this section,
if—
(a) the Commissioner; or
(b) any other officer of the Commission,
or public officer, authorised in writing
by the Commissioner for the purposes
of this Part (hereinafter referred to as
the “authorised person”),
has reasonable cause to suspect that any aircraft, ship or
carriage, together with all animals and things, or any dredge
or machinery is being, or was, made use of in the commission
of any act, or for a purpose, prohibited by or under this Act,
he may enter and search the aircraft, ship or carriage,
together with all animals and things, or the dredge or
machinery and it shall be lawful for him, in case of resistance,
to break open any door, and to force and remove any other
impediment or obstruction to such entry.
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Forfeiture of
dredges and
specified
machinery not
registered or
licensed.
(2) Before the Commissioner or any authorised
person proceeds to effect a search under that subsection he
shall apply to a magistrate for the issue of a warrant under
the hand of the magistrate authorising the search and it shall
be lawful for the magistrate by special warrant under his
hand to authorise the applicant to enter and search the
aircraft, ship or carriage, together with all animals and things,
or the dredge or machinery, by day or by night.
(3) Except where delay caused thereby is likely to
defeat the purpose of the search, the Commissioner, or any
authorised person, shall not effect a search under this section
without applying for and obtaining under subsection (2) a
special warrant authorising the search.
(4) Where it is not practicable for the
Commissioner or any authorised person to apply for and
obtain under subsection (2) a special warrant authorising a
search under this section for the reason, to be recorded in
writing, that the delay caused thereby is likely to defeat the
purpose of the search, the Commissioner or the authorised
person may carry out the search without applying for and
obtaining a special warrant as aforesaid, but shall make a
report in writing regarding the search to the nearest
magistrate within a period of forty-eight hours of the search
or, where such report cannot be made within the aforesaid
period, as soon as it can be made.
102. (1) Where the Regulations have made the
provisions referred to in section 97, any dredge which is not
registered, or for which a licence has not been taken out, in
accordance with such Regulations, and found in a mining
district or in a claim shall be forfeited and the forfeiture of a
dredge shall be deemed to include any furniture thereof.
(2) Where the Regulations had made the
provisions referred to in section 97 and any machinery,
equipment or plant has been specified under section 98, any
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Seizure of
aircraft, etc.


Report of
seizure to
magistrate.

Notice of
seizure and
claim for
seized aircraft,
etc.
specified machinery which is not registered, or for which a
licence has not been taken out, in accordance with such
Regulations, and found in a mining district or in a claim shall
be forfeited.
103. The Commissioner or any authorised person
may seize any aircraft, ship, carriage, together with all
animals and things, or any dredge or machinery, liable for
forfeiture under this Part.
104. (1) A report shall be made in writing of every
seizure under section 103, stating the reasons therefor, to the
nearest magistrate by the person making the seizure within a
period of forty-eight hours of the seizure or, where such
report cannot be made within the aforesaid period, as soon as
it can be made.
(2) The magistrate shall direct in whose custody
any aircraft, ship, carriage, animal, thing, dredge or
machinery seized under section 103 shall be kept and such
direction shall be complied with by the person making the
seizure.
(3) Without prejudice to the provisions of
subsection (2), a magistrate may order the delivery of any
aircraft, ship, carriage, together with all animals and things,
or any dredge or machinery seized under section 103 to the
owner thereof on security being given for the payment to the
Commissioner of the value thereof in case of condemnation.
105. (1) Where any aircraft, ship, carriage, animal,
thing, dredge or machinery is seized under this Part, notice of
the seizure shall be given by a mining officer as soon as
possible to the owner and the person in charge thereof, if such
person is not the owner.
(2) A notice under subsection (1) shall be given to
the owner or person in charge of the seized aircraft, ship,
carriage, animal. thing, dredge or machinery—
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(a) by delivering the notice personally to
the owner or person in charge, as the
case may be, or by sending the notice
by post to his usual place of abode or
business premises; or
(b) if the owner or the person in charge,
as the case may be, is not known or, if
known, he cannot be found after
reasonable enquiry and his usual
place of abode and his business
premises are not known, or he refuses
to accept the notice when tendered to
him, by publishing the notice in one
newspaper having circulation in
Guyana.
(3) Any person who claim any aircraft, ship,
carriage, animal, thing, dredge or machinery, seized under
this Part, as its owner, or any other person duly authorised
by the owner, may give notice to the Commission, that he
claims the aircraft, ship, carriage, animal, thing, dredge or
machinery, within thirty days from the date on which the
notice of seizure under subsection (1) was given to him:
Provided that the Commission may, if there are
good and sufficient reasons for so doing, which shall be
recorded in writing, entertain a claim after the expiry of the
aforesaid period of thirty days, but before the expiry of three
months from the date of the seizure.
(4) An aircraft, ship, carriage, animal thing, dredge
or machinery seized under this Part, and in respect of which
no notice of claim was given before the expiry of three
months from the date of its seizure, may be sold by the
Commissioner, in such manner as may be prescribed.
(5) Where a notice of claim has been made under
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Condemnation
of seized
aircraft, etc. on
conviction.
subsection (3) in respect of an aircraft, ship, carriage, together
with all animals and things, or any dredge or machinery,
seized under this Part and—
(a) a complaint for its forfeiture and
condemnation under section 107, or a
complaint against the owner thereof
for an order in respect of an offence
under this Act, in the commission
of any act constituting which offence
it is used, is not made within ninety
days of its seizure or within such
further time. as may be allowed by
the magistrate referred to in section
104(2), or
(b) the complaint made for its forfeiture
and condemnation under section 107
is rejected, and no order for its
forfeiture and consideration is made
under section 106,
then, upon order being made therefor by the aforesaid
magistrate, the aircraft, ship, carriage, together with all
animals and things, or dredge or machinery shall be restored
to the owner thereof by the person who is given its custody
under section 104(2) or, where the aircraft, ship, carriage,
together with all animals and things, or dredge or machinery
has been delivered to the owner thereof under section 104(3)
on the giving of security, the security bond shall be cancelled.
106. Where a person is convicted of an offence under
this Act, the court convicting him may, in addition to any
other penalty imposed, order that any aircraft, ship, carriage,
together with all animals and things, dredge or machinery of
which he was the owner when the offence was committed
and which is liable for forfeiture on account of its use for any
act constituting the offence, be forfeited and condemned.

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Complaints for
forfeiture
under this
Part.
Disposal of
seizure.
Part in addition
to, and not in
derogation
of, other
provisions.

General saving
as to
Amerindians.
107. (1) Subject to the provisions of section 106, any
forfeiture imposed by this Part may be sued for and recovered
summarily before a magistrate on the complaint of any mines
officer.
(2) The practice and procedure of the magistrate’s
court in its civil jurisdiction shall apply to, and in relation to,
any complaint under subsection (1).
108. All seizures whatsoever which have been made
and condemned under this Part shall be disposed of in such
manner as may be prescribed.
109. The provisions of this Part shall be in addition to,
and not in derogation of, the other provisions of this Act.
PART XIII
SPECIAL PROVISIONS RELATING TO AMERINDIANS
110. (1) Except during the period when a member of
any Amerindian community (hereinafter referred to as
Amerindian) is the holder of a licence or permit under this
Act, (during which period the privileges he had immediately
before the commencement of this Act shall stand suspended
in respect of any matter to which the licence or permit
related), the provisions of this Act shall not, save as otherwise
provided herein, be deemed to affect the privileges that any
Amerindian as such had immediately before the
commencement of this Act in relation to prospecting, mining
or quarrying for any mineral.
(2) Any Amerindian shall exercise any privilege
referred to in subsection (1) in the manner provided in the
Regulations and subject to the provisions thereof.
111. For the purposes of this Act, all land occupied or
used by Amerindian communities and all land necessary for Amerindians.
land by
Occupation of
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Protection of
person in
relation to any
area subject to
licence or
permit.

Disposal of all
valuable
minerals and
precious
stones
obtained by
Amerindians.
Forfeiture of
valuable
minerals or
precious stones
obtained
through
Amerindian.
Appeal against
decision of
the quiet enjoyment by the Amerindians of any Amerindian
settlements, shall be deemed to be lawfully occupied by them.
112. It shall not be lawful for any Amerindian to take
any mineral from any land which is subject to a licence or
permit under this Act, and any mineral found in the
possession of an Amerindian, and which is not proved to
have been lawfully obtained by him, shall be forfeited to the
State.
113. (1) Where any Amerindian who is not the holder
of a mining licence, claim licence or special mining permit
under this Act obtains and desires to sell any valuable
mineral or precious stone, it shall be sold by the Commission
on his behalf and the proceeds shall be paid to such
Amerindian.
(2) It shall not be lawful for any person to obtain,
receive or purchase any valuable mineral or precious stone
from an Amerindian directly, and all valuable minerals or
precious stones so obtained, received or purchased shall be
forfeited to the State.
114. (1) Where it appears that any person has made
use of any Amerindian to obtain any valuable mineral or
precious stone in contravention of or in defraud of the
provisions of this Act, the valuable mineral or precious stone
so obtained shall be forfeited to the State.
(2) Any valuable mineral or precious stone forfeited to
the State shall be applied by the Minister for the benefit of the
Amerindian referred to in subsection (1) or otherwise as the
Minister directs.
PART XIV
MISCELLANEOUS
115. (1) Any person aggrieved by a decision of the
Commission refusing to grant to him a prospecting
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Commission
refusing to
grant or renew,
or cancelling,
licence, etc.
Delegation.
Establishment
of stations.

licence, mining licence, prospecting permit, claim licence or
quarry licence, or refusing to renew any such licence or
permit granted to him or cancelling any such licence or
permit, may, subject to such terms and conditions (including
the time within which the appeal may be made and the fee to
accompany the appeal) as may be prescribed, appeal to the
Minister against such decision of the Commission.
(2) The Minister, after giving the appellant a
reasonable opportunity of being heard, may pass appropriate
orders on the appeal, which shall be binding on the appellant
and the Commission.
(3) For the purpose of deciding any appeal made
under this section, the Minister may request the Commission
to produce before the Minister any document in its possession
or to submit to him a report in regard to the subject matter of
the appeal and the Commission shall comply with the
request.
116. (1) The Minister may by instrument delegate
any function conferred on him by this Act, not being any
function relating to the hearing of appeals or the making of
subsidiary legislation, to the Commission or any member
thereof or the Commissioner of Geological Surveys and
Mines.
(2) The Commission may by resolution delegate
to any member thereof or the Commissioner of Geological
Surveys and Mines any function (not being a function
delegated to it under subsection (1)) conferred on the
Commission by this Act.
117. (1) The Minister may by notice published in
the Gazette, establish one or more stations in or in the
neighbourhood of a mining district.
(2) The Commission shall, by notice published in
the Gazette, designate a mines officer to be in charge of a
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Reporting at
station.

c. 66:01
c. 82:01
Search of
station.
118. (1) The Minister may by order direct that any
person going to or coming from a mining district specified
therein shall stop and report at one or more of the stations
specified therein to the mines officer or respective mines
officers in charge thereof.
(2) Where the mines officer in charge of a station
has reason to suspect that evidence of the contravention, or
intended contravention, of any provision of this Act, the
Guyana Gold Board Act or the Custom Act may be found on
any person who has reported to the station or on or in any
container or thing in the possession of that person, such
officer may search and examine his body or the thing.
(3) For the purpose of any search under subsection
(2), the mines officer referred to therein may obtain such
assistance or may use such force as in his opinion is required
and may break open any lock or the thing.
(4) A mines officer in charge of a station may seize
anything he finds in consequence of a search under this
section which he has reason to believe provides evidence of
the commission of an offence under any written law referred
to in subsection (2) or anything which he has reason to believe
is liable to be forfeited under this Act, the Guyana Gold Board
Act or the Customs Act.
(5) Where a mines officer in charge of a station
seizes anything under this Act he shall forthwith prepare a
list of the things he has seized in the presence of the person
from whose possession it was seized and two witnesses and a
copy of the list signed by such officer and the witnesses shall
at the earliest possible date thereafter be sent by such officer
to the magistrate having jurisdiction over the place where the
station is situated.
119. For the purposes of this Act, a female person persons.
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Restriction on
removal of
minerals.
Order
prohibiting
shall be searched only by another female person and a male
person shall be searched only by another male person.
120. Any person who, without reasonable excuse,
obstructs or prevents the holder of a licence or permit under
this Act in or from doing, any act which the holder of the
licence or permit is authorised to do by or under this Act or
his licence or permit, shall, on summary conviction, be liable
to a fine of fifteen thousand dollars and imprisonment for one
year.
121. (1) Any mineral shall not be removed from the
area from which they have been obtained to any other area, or
disposed of in any manner, except—
(a) by the holder of a licence or permit
granted under this Act in relation to
that mineral and the area from which
the mineral was obtained—
(i) subject to subsection (2), for the
purpose of sampling or
analysis; or
(ii) save as otherwise provided in
this Act, in accordance with the
terms and conditions of his
licence or permit; or
(b) as otherwise provided by or under this
Act.
(2) The holder of a licence or permit under this Act
shall not, under subsection (1)(a)(i) take or send out of any
area referred to therein any sample of any mineral without
the written consent of the Commission given under this
subsection.
122. (1) The Minister may by order direct that no
[6 of 1997]
or permit.
holder of licence
Obstruction of

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removal of
gold, etc.,
without
permission of
district mines
officer.
Penalty for
contravention
of section 121
or order under
section 122.
[6 of 1997]
Penalty for
giving false
information,
etc., in
application for
licence etc.
[6 of 1997]
person shall remove any gold or precious stone or any other
mineral specified in the order, from a mining district, outside
that mining district without the permission in writing of the
district mines officer for the district.
(2) An order under subsection (1) may exempt any
person or class of persons from that order, or may direct that
the order shall not apply to gold or precious stones, or to any
other mineral specified in the order, not exceeding the
quantity specified therein.
123. Any person who contravenes section 121 or
order made under section 122 shall, on summary conviction,
be liable—
(a) in the case of an individual, to a fine of
fifteen thousand dollars and imprisonment
for one year;
(b) in the case of a body corporate to a fine of
seventy-five thousand dollars and
imprisonment for one year.
124. Any person who—
(a) in, or in connection with, any
application for a licence or permit
under this Act gives or permits to be
given information which he knows or
has reason to believe is false or
misleading in a material particular;
(b) in any report, return or affidavit,
submitted in pursuance of this Act or
his licence or permit, includes or
permits to be included any
information which he knows or has
reason to believe is false or
misleading in a material particular; or
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Power of entry,
etc.
[6 of 1997]
(c) places or deposits, or is accessory to the
placing or depositing of, any mineral
or other substance in any place with
the intention of misleading, or
knowing that it is likely to mislead,
any other person as to the possibility
of any mineral. existing in that place,
shall, on summary conviction, be liable—
(i) in the case of an individual, to a
fine of fifteen thousand dollars
and imprisonment for one year;
or
(ii) in the case of a body corporate,
to a fine of seventy-five
thousand dollars and
imprisonment for one year.
125. (1) For the purposes of this Act a mines officer,
district mines officer, or other officer referred to in section 5
may, at all reasonable times—
(a) enter and inspect any area, structure,
building, vehicle, vessel or aircraft
which. in the opinion of the mines
officer, district mines officer or other
officer, has been, is being, or is to be,
used in connection with prospecting
operations or mining operations;
(b) inspect, examine and test, or cause to
be examined or tested by a qualified
person, any machinery or equipment
which, in the opinion of the mines
officer, district mines officer, or other
officer, has been, is being or is to be,
used in connection with any of the
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operations referred to in paragraph
(a);
(c) take or remove for the purpose of
analysis or testing or for use in
evidence in connection with an
offence against this Act samples of
minerals or other substances from any
area where any of the operations
referred to in paragraph (a) are being
carried on;
(d) inspect, take extracts from, and make
copies of, any document relating to
any of the operations referred to in
paragraph (a);
(e) by instrument in writing issue
directions to, and impose restrictions
on, the holder of any licence or permit
granted under this Act, or any person
employed by him in, or in connection
with, any of the operations referred
to in paragraph (a), with respect to
the health, safety and welfare of the
persons employed by the holder of
the licence or permit;
(f) if, in the opinion of the mines officer,
district mines officer or other officer,
the area, structure or building or
machinery or equipment used in, or
in connection with, any of the
operations referred to in paragraph
(a) is unsafe, direct the holder of the
licence or permit in writing to effect—
(i) the cessation of any of the
operations referred to in
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paragraph (a) on or in, and the
withdrawal of all personnel
from, any area, structure or
building being used in
connection with any such
operations and specified in the
direction; or
(ii) the discontinuance of the use of
any machinery or equipment,
specified in the direction,
unless and until such action as
is necessary for safety, specified
in the direction, is taken by the
holder of the licence or permit
and completed;
(g) make such examinations and inquiries
as are necessary to ensure that the
provisions of this Act, or any
directions issued, restrictions or
conditions imposed or orders made
under this Act, are being complied
with; and
(h) obtain and record statements from
witnesses, and appear at, or conduct
inquiries, regarding accidents
occurring in the course of any of the
operations referred to in paragraph
(a), and appear at inquests, and call
and examine witnesses, and cross-
examine witnesses.
(2) Before exercising any of his powers under
subsection (1), if there is any person present who is, or
appears to be, in charge of the area, structure or building,
vehicle, vessel, or aircraft, machinery or equipment,
mineral or other substance or document in respect of which
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the power is about to be exercised, a mines officer, district
mines officer or other officer shall identify himself to that
person and, in the case of issuing a direction under subsection
(1)(e) or (f) identify himself to any person to whom he is
about to give a direction.
(3) Any person who is aggrieved by a direction of a
mines officer, district mines officer or other officer made
under subsection (1)(e) or (f) may appeal in writing to the
Commission, which shall, as soon as practicable and after
giving the appellant and the mines officer, the district mines
officer or other officer, as the case may be, a reasonable
opportunity of being heard, pass appropriate orders on the
appeal; but the bringing of the appeal shall not affect the
operation, pending the disposal of the appeal of the direction
appealed from:
Provided that the Commission may for reasons to
be recorded in writing stay the operation of the direction.
(4) On appeal under subsection (3), the
Commission may rescind, affirm or modify the direction
appealed from.
(5) While exercising his powers under subsection
(1), a mines officer, district mines officer or other officer may
be accompanied by any person who the mines officer, district
mines officer or other officer believes has special or expert
knowledge of any matter being inspected, examined, tested or
analysed.
(6) A person who is an occupier, or is in charge of
any area, structure or building, or in charge of any vehicle,
vessel, aircraft, machinery or equipment referred to in
subsection (1), shall provide a mines officer, district mines
officer or other officer with all reasonable facilities and
assistance (including the provision of necessary means of
transport) for the effective exercise of the powers conferred
upon a mines officer, district mines officer or other officer by
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Commission’s
power to
obtain
information
this section.
(7) Any person who—
(a) without reasonable excuse, obstructs
or hinders a mines officer, district
mines officer or other officer in the
exercise of any of his powers under
this section;
(b) knowingly or recklessly makes a
statement or produces any document,
which is false or misleading in any
material particular, to or before a
mines officer, district mines officer or
other officer engaged in carrying out
his functions under this section; or
(c) with intent to mislead or deceive a
mines officer, district mines officer or
other officer when so engaged,
conceals or withholds any
information, shall, on summary
conviction, be liable to a fine of thirty
thousand dollars and imprisonment
for two years.
(8) In this section and section 126, “document”
includes book, tape, disc, film, diagram, profile, chart,
photograph, whether negative or positive, and any data
recorded or stored by means of any computer or other device
and any material subsequently derived from the data so
recorded.
126. (1) Without prejudice to any other provision of
this Act, where the Commission has reason to believe that a
person has in his possession or under his control information
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relating to
prospecting or
mining
operations.
[6 of 1997]
or data relating to prospecting operations or mining
operations in Guyana, or minerals obtained in Guyana or the
value thereof, it may, by notice, require that person—
(a) to submit to the Commission such
information or data within the period
and in the manner specified in the
notice;
(b) to attend before the Commission or a
person identified in the notice, at such
time and place specified therein and
to answer questions relating to those
operations or the value of such
minerals; and
(c) to produce before the Commission or
a person identified in the notice, at the
time and place specified therein,
books and other documents in his
possession or under his control
relating to those operations, minerals
obtained as a result of the operations
or the value of such minerals.
(2) Where pursuant to a notice under subsection
(1), any book or other document is produced before the
Commission or a person, the Commission or the person may
make copies of, or take extracts from, the book or other
document.
(3) Any person who—
(a) refuses or fails to comply with a notice
under subsection (1) to the extent to
which he is capable of complying
with it;
(b) in purported compliance with a notice
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General
penalty.
[6 of 1997]
in respect of the matters referred to
in subsection (1)(a), knowingly or
recklessly furnishes information or
data which is false or misleading in
any material particular;
(c) when attending before the Commission
or any person in pursuance of a notice
in respect of the matters referred to in
subsection (1)(b) knowingly or
recklessly makes a statement or
furnishes any information or data to
the Commission or any person which
is false or misleading in any material
particular; or
(d) in purported compliance with a notice
in respect of any matter referred to
in subsection (1)(c) knowingly or
recklessly produces before the
Commission or any person any book
or other document which is false or
containing any statement or entry
which is false in any material
particular,
shall, on summary conviction, be liable to a fine of thirty
thousand dollars and imprisonment for one year.
127. Any person who is guilty of an offence under
this Act for which no penalty is otherwise expressly provided
shall, on summary conviction, be liable—
(i) in the case of an individual, to a
fine of thirty thousand dollars
and to imprisonment for one
year; or
(ii) in the case of a body corporate,
to a fine of seventy- five
thousand dollars and to
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Orders for
forfeiture on
conviction.
Enforcement of
forfeiture.


Power to accept
compensation
for an offence.
imprisonment for one year.
128. (1) Where a person is convicted of an offence
against this Act, the court convicting him may, in addition to
any other penalty impose, make an order—
(a) for the forfeiture of any minerals
recovered in the course of the
commission of the offence; or
(b) for the payment, by the person
convicted, to the State of an amount
equal to the proceeds of the sale of the
minerals so recovered.
(2) Where the court is satisfied that an order
made under subsection (1)(a) cannot for any reason be
enforced, the court that made the order may, upon
application made in that behalf by the mines officer set aside
the order and make an order referred to in subsection (1)(b).
129. Without prejudice to any other provision of this
Act, any forfeiture imposed by this Act may be sued for and
recovered summarily in a magistrate’s court in its civil
jurisdiction on the complaint of any mines officer.
130. Notwithstanding any other provision of this Act,
the Minister may, in any case he thinks proper and in
substitution for any proceedings in a court, accept on behalf
of the State a sum of money by way of compensation from
any person reasonably suspected of a contravention of this
Act:
Provided that such compensation shall be accepted
only where the person reasonably suspected of such
contravention has expressed his willingness in such form as
may be prescribed that the contravention as aforesaid shall be
so dealt with.

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Obligation of
licensee to
indemnify
state.
Commissioner
not to take
part in hearing
or deciding of
appeals by
Commission in
certain cases.
Power of
exemption.
Amendment
of
Schedule.
Power to make
regulations.
[6 of 1997]
131. The holder of any licence or permit under this
Act shall, at all times, keep the State indemnified against all
actions, claims and demands that may be brought or made
against the State by reason of anything done by the holder of
the licence or permit in the exercise or purported exercise of
his rights under this Act or the licence or permit, as the case
may be.
132. Where by or under this Act provision has been
made for an appeal to the Commission from any order or
direction of a mines officer, or district mines officer or any
other person, and any such order appealed against was made
by the Commissioner, he shall not function as a member of
the Commission for the purposes of hearing or deciding the
appeal.
133. Without prejudice to any other provision of this
Act, the Minister may by order exempt any person or class of
persons or any operation or class of operations from any
provision of this Act.
134. The Minister may by order, which shall be
subject to negative resolution of the National Assembly,
amend the Schedule.
135. (1) The Minister may make regulations for
carrying out the purposes of this Act.
(2) Without prejudice to the generality of the
foregoing, the Regulations may, in particular, provide for all
or any of the following matters—
(a) the prospecting for minerals, including
the carrying on of all operations and
the execution of all works for that
purpose;
(b) the mining of minerals, including the
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carrying on of all operations and the
execution of all works for that
purpose;
(c) conservation, and prevention of the
waste, of minerals;
(d) the form and contents of, and
conditions with respect to,
applications for the grant or renewal
of licences and permits under this Act;
(e) the form and contents of licences and
permits granted under this Act and of
their renewal;
(f) the minimum area of a parcel; the
maximum area for which a mining
permit may be granted; the
circumstances in which prospecting
or mining operations with respect to
any mineral shall be deemed to be
medium size operations or small scale
operations; the minimum area to be
retained by a prospecting licensee
after relinquishment under section
37(2);
(g) the construction, erection, maintenance,
operation or use of installations,
machinery, or equipment;
(h) health, safety and welfare standards,
and implementation of these
standards, in connection with
prospecting or the mining for
minerals;
(i) the manner of demarcation of any area
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in respect of which a licence or permit
has been granted under this Act;
(j) submission to the Minister or the
Commission of reports, returns and
other information;
(k) the transfer of licences or permits,
or interests in licences or permits,
granted under this Act;
(l) annual charges;
(m) fees payable along with the application
for, or for the grant of any licence or
permit, or for any other purpose,
under this Act;
(n) subject to the other provisions of this
Act, the manner of service of any
notice, direction or other document
under this Act and the form of any
notice;
(o) prospecting for and locating of claims;
(p) the grant and renewal of mining
permits and the rights and duties of
holders of such permits;
(q) registration and licensing of dredges;
(r) rates of royalty payable by holders
of licences or permits; cases in which
royalty shall be payable in kind;
(s) public purposes for the purpose of
section 80(1)(a)(ii);

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(t) distances for the purposes of section
80(1);
(u) land or area or nature of land or area
in respect of which, or the persons
whose, consent is required for the
purposes of section 80(l)(d);
(v) manner of giving notice under section
85;
(w) form of register of quarry licences
under section 94;
(x) manner of sale of seized aircraft, ship,
carriage, animal, thing, dredge or
machinery under section 105(4);
(y) disposal of seizures under section 108;
(z) manner of exercise of privileges of
Amerindians;
(za) the form of making an appeal against
a decision of the Commission; and the
form for the purposes of the proviso
to section 130;
(zb) subject to the provisions of the Guyana
Gold Board Act, the regulation of the
possession or sale or purchase of
minerals and the movement or
conveyance of minerals from or in any
area;
(zc) cutting and use of timber from State
lands for purposes connected with
mining;
(zd) procedure for determination of
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Savings.
disputes;
(ze) any other matter that may be, or is
required to be, prescribed by the
Minister by regulations.
(3) Save as otherwise provided in this Act, the
Regulations may provide that any person who commits a
breach of any provision thereof shall, on summary conviction,
be liable for such penalty as may be provided therein, being a
fine not exceeding seventy-five thousand dollars or
imprisonment for a period not exceeding two years or both
and, where the offence is a continuing one, to a further
penalty not exceeding one thousand five hundred dollars for
each day during which the offence continues.
PART XV
REPEALS, SAVINGS AND AMENDMENTS OF CERTAIN
ENACTMENTS
136. (1) Notwithstanding the repeal of the Mining Act
(hereinafter referred to as the “said Act”)—
(a) all regulations made under the said
Act, to the extent to which they could
be made under this Act, shall, subject
to the power of the Minister to amend
or repeal them, continue in force as if
they have been made under this Act;
(b) mining districts declared and stations
established under the said Act shall,
save as otherwise directed by the
Minister, be deemed to be mining
districts declared and stations
established under this Act;
(c) save as otherwise directed by the
Minister, mines officers or other
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officers appointed under the said Act,
shall be deemed to be mines officers
or other officers under this Act, and
any such mines officer or other officer
shall perform under this Act the
functions they were performing under
the said Act immediately before the
commencement of this Act, in so far
as such functions are consistent with
the provisions of this Act; and
(d) all licences and permits issued under
the said Act shall continue in force as
if they were granted under this Act,
but they shall be subject to the
provisions of this Act; and for the
purposes of this paragraph a
concession or lease, so far as it relates
to any mineral, shall be deemed to be
a mining licence granted under this
Act, and a permission to occupy and
explore any State lands, or exclusive
right to occupy and explore within a
given area, given under section 13 of
the said Act shall be deemed to be a
prospecting licence granted under this
Act.
(2) All agreements entered into before the
commencement of this Act by the government or the
Commission and any other person containing provisions in
respect of the matters referred to in section 19, and subsisting
immediately before such commencement, shall be deemed to
be a mineral agreement entered into under that section by the
Commission and such other person and shall, subject to the
provisions of this Act, continue in force as such:
Provided that the term of the agreement shall be
computed with effect from the date on which it was entered
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Partial repeal
of State
Lands Act.
c. 62:01
Public Lands
(Private Roads)
Act not
affected.
c.62:03

c. 66:01
into or in such other manner as may be provided therein.
137. The provisions of the State Lands Act shall, in
respect of any matter for which provision has been made
under this Act, stand repealed to the extent to which the
provisions first mentioned are inconsistent with the
provisions of this Act.
138. Nothing in this Act shall be deemed to affect the
operation of the Public Lands (Private Roads) Act.
_______
SCHEDULE
RADIO-ACTIVE MINERALS
1. Any mineral containing uranium or thorium and,
in particular and without prejudice to the
generality of this paragraph, the substances
hereinafter set out in this Schedule.
2. Minerals of the pitchblende group, including
pitchblende, uraninite, ulrichite, broggerite,
cleveite, and related mineral species.
3. Torbernite and autunite.
4. Secondary uranium minerals other than torbernite
and autunite including rutherfordine, uranite,
uranophane, gummite, thorogummite,
uranocircite, kasolite, becquerelite and other
silicates, hydrates, carbonates, phosphates, or
arsenates of uranium.
5. Carnotite and tyuyamunite and related uranium-
bearing vanadate ores.
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6. Uranium bearing, iobate-titanate-tantalate ores,
including euxenite, polycrase, blomstrandine,
priorite, samarskite, fergusonite, betafite and
related minerals.
7. Monazite, thorite and thorianite.
________