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Chapter II

 

Diamond Trading

 

 

147.   Without prejudice to any transaction which before the commencement of this Decree may have been approve in writing, by the Minister or any officer authorised by him in behalf, and in so far as the conditions (if any) attached to the approval have been complied with -

 

(a)     no person, other than an authorised diamond miner a licensed diamond dealer, shall sell an uncut diamond;

 

(b)     no authorised diamond miner shall sell an uncut diamond unless -

 

(i) it has been lawfully won by him, or

 

 

(ii)     where he is authorised in writing to for another authorised diamond miner, diamond has been lawfully won by diamond miner;

 

(c)     no licensed diamond dealer shall sell an uncut diamond unless -

 

(i)     the diamond is obtained from an authorised diamond miner or another licensed diamond dealer, or

 

(ii)     the uncut diamond is sold by the licensed diamond dealer on behalf of an authorised diamond miner or another licensed dealer, as the case may be.

 

(d)     no authorised diamond miner or licensed diamond dealer shall sell any uncut diamond to any person residing in Nigeria, other than a licensed diamond dealer;

 

(e)     no person other than a licensed diamond dealer, shall buy any uncut diamond; and

 

(f)     no licensed diamond dealer shall buy an uncut diamond from any person other than an authorised diamond miner or another licensed diamond dealer.

 

(a)     he obtains an import clearance from the Minister;

 

148.    (1)     No person shall export an uncut diamond from Nigeria unless -

 

(a)     he obtains an export clearance from the Minister;

 

(b)     he obtains an export licence for the exportation of the diamond which shall be in Form B set out in the Schedule 3 to this Decree; and

 

(c)     he holds a treasury receipt for the royalty paid on the uncut diamond and the receipt has been endorsed by a proper officer with the amount of the uncut diamond to be exported.

 

(2)     No uncut diamond shall be carried coastwise in Nigeria unless its particulars have been previously declared before a proper officer in the form issued by the Nigerian Customs Service.

 

(3)     No person shall import an uncut diamond into Nigeria unless-

 

(a)     he obtains an import clearance from the Minister;

 

(b)     he obtains an import licence for the importation of the diamond issued by the Minister of Trade and Tourism which shall be in Form C as set out in Schedule 3 to this Decree; and

 

(c)     he delivers an entry of the importation (in this Chapter referred to an "import entry") to the proper officer and obtains a certificate of importation in Form D set out in Schedule 3 to this Decree.

 

(4)     A certificate of importation issued under subsection (3) (c) of this section shall be liable to a stamp duty of five thousand naira to be paid by the importer.

 

(5)     No uncut diamond imported into Nigeria under the provisions of subsection (3) of this section shall be exported from Nigeria, unless the certificate of the importation has been surrendered to the Minister.

 

149.    (1)   A person who desires to possess, buy, sell or transact any business in relation to uncut diamond in Nigeria shall submit an application for a diamond dealer's licence to the Minister.

 

(2)     The Minister may, on receiving an application submitted under subsection (1) of this section and the payment of the prescribed fee, issue a diamond dealer's licence as in Form A set out in Schedule 3 to this Decree if he is satisfied with such evidence as the applicant shall furnish with regard to -

 

(a)     his financial status and the capital he proposes to invest in the business; and

 

(b)     his knowledge and experience or those of his employees in diamond trading.

 

(3)     The Minister may by endorsement on the licence impose such conditions as he thinks fit.

 

(4)     Subject to any conditions which may be imposed on the licence, the holder of a licence under this section may possess, buy, sell or transact any business in relation to uncut diamond.

 

(5)     A licence issued under this section shall not be transferred without the written consent of the Minister.

 

(6)     A licence issued under this section shall remain in force for a period of one year from the date on which it was issued but the licence may be renewed on application subject to such conditions as are stipulated in section 150 and such other conditions as the Minister may impose and the payment of such fees as may be prescribed.

 

(7)     A licence issued under this Decree may not be renewed by the Minister if no transaction was carried out by the holder during the period of one year in which the licence was in force.

 

(8)     The Minister may revoke a licence issued under this section if the holder is convicted of an offence under this Chapter or the regulations made under it or commits a breach of any of the conditions of the licence.

 

(9)     The Minister may, on the revocation of a licence, refund such part of the fee paid for the licence as he thinks just.

 

(10)     A licensed diamond dealer shall not buy, sell or store any uncut diamond except on the premises specified in the licence.

 

150.    (l)     A licensed diamond dealer shall keep a book into which he shall, enter accurate particulars of -

 

(a)     every uncut diamond bought, sold, received, other than by way of importation, or exported, by him showing -

 

(i)     the date. of the transaction,

 

(ii)     the weight and value of the diamond,

 

(iii)     the name and address of the seller, depositor, purchaser or consignee of the diamond, and

 

(iv)     the registered number of any mining lease or group of leases for which a group certificate has been issued by the Minister from or under the area from which the diamond is alleged to have been won; and

 

(b)     every uncut diamond imported by him showing -

 

(i)     the date of import,

 

(ii)     the number of the import licence,

 

(iii)     the number and date of the import entry,

 

(iv)     the consignor,

 

(v)     the weight and value of the diamond, and

 

(vi)     the name and address of any person to whom the diamonds are delivered.

 

(2)     A licensed diamond dealer shall at all reasonable times, on request, produce the book kept under subsection (1) of section for inspection by an Inspector of Mines, or any other officer authorised in that behalf by the Minister.

 

(3)     A licensed diamond dealer shall, in the months January, April, July and October of each year, deliver to the Inspector of Mines a return in duplicate showing the particulars required to be kept under subsection (1) of this section of every uncut diamond, sold, received, exported or imported by him during the preceding three months.

 

(4)     In this section, "Inspector of Mines" means the Inspector of Mines in charge of the inspectorate incorporating the premises in which the licensed diamond dealer carries on business.

 

151. A person m whose possession, power or control an  uncut diamond is found is guilty of an offence under this Decree unless he proves that he lawfully obtained it.

 

152. (1)  An uncut diamond found without an apparent owner may be seized by a police officer, the Director of Mines or  an officer authorised by the Minister who shall, as soon as possible, present it to the Court if satisfied that the owner of the diamond cannot be found.

 

(2)     The Court to which an uncut diamond is presented under subsection (1) of this section shall if satisfied that the owner cannot be found declare it forfeited to the Federal Government.

 

(3)     An diamond forfeited to the Government of the Federation under this section shall be deposited with the Director of Mines who may, subject to section 155(3) of this Decree, sell it and pay the proceeds of sale into the Consolidated Revenue Fund of the Federation.

 

153.         Notwithstanding the provisions in any other enactment, proceedings in respect of an offence under this Chapter shall be instituted and prosecuted by the Attorney-General of the Federation or any officer authorised by him.

154.   (l)   Any person who contravenes or fails to comply with the provisions of sections 147,150, 151, 152, 153 and 155 of this Decree is guilty of an offence and liable on conviction to a fine not exceeding five hundred thousand naira or imprisonment for a term not exceeding five years or to both such fine and imprisonment.

 

(2)     In addition to the penalties specified in subsection (1) of this section the Court may, on conviction, declare that all or any quantity of the uncut diamond with respect to which the offence was committed shall be forfeited to the Federal Government.

 

(3)     Notwithstanding the provisions of any other enactment, a Judge of the Federal High Court shall have power to try offences and impose any penalty provided under this Chapter of this Decree.

 

155.    (1)     A Court which has declared an uncut diamond ~ under section 154 of this Decree shall cause particulars of the forfeiture to be advertised in at least one issue of the Gazette in Form E set out in the Schedule 3 to this Decree.

 

(2)     A person who claims to be the owner of any diamond forfeited under the provisions of section 154 of this Decree may, within three months from the date of the Gazette advertising the forfeiture, institute an action for the return of the forfeited diamond to him, and if -

 

(a)     he proves his title to the forfeited diamond or any quantity of it to the satisfaction of the Court: and

 

(b)     establishes that he was not connected in any offence for which the diamond was forfeited the Court may order that the diamond or such quantity therefore as the Court considers just be delivered to that person.

 

(3)     No person shall dispose of any forfeited diamond -

 

(a)     until the expiration of three months from the date of the notice in the Gazette advertising the forfeiture; or

 

(b)     where a claim to the diamond had been brought within the three months, until the claim is finally disposed of and the time within which any further appeal can be properly brought has expired and no such appeal had been brought.

 

156.     A police officer, the Director of Mines or any officer authorised by the Minister may, without warrant, arrest any person-

 

(a)     he finds committing; or

 

(b)     he reasonably suspects of committing; or (c) he reasonably believes to have committed,

 

an offence under this Chapter of this Decree or regulations ma. under this Chapter, but the person arrested shall be taken within 48 hours before the Court to be dealt with according to law.

 

157.  The Minister may, from time to time, regulations for the purposes of this Chapter of this Decree, and without prejudice to the generality of the foregoing, he may by regulations prescribe the fees to be paid for any matter dealt with under the regulations.

 

158.     In this Chapter of this Decree, unless the context otherwise requires -

 

"authorised diamond miner" means any person -

 

(a)     to whom a right, licence or lease has been granted under this Decree authorising the person to prospect or mine for diamond; or

 

(b)     authorised in writing by the holder of a right, licence or lease to act on his behalf for the purpose of this Chapter of this Decree if the authorisation has been previously communicated to and approved by the Minister;

 

"buy" includes barter and receive as a pledge or security;

 

"import entry" has the meaning assigned to it in section 148(3) of this Decree;

 

"licensed diamond dealer" means the holder of a diamond dealer's licence issued under this Decree;

 

"proper officer" means an officer of the Nigerian Customs Service whose right or duty is to require the performance of, or to perform the act referred to or a mines or police officer;

 

"sell" includes barter and deposit as a pledge or security;

 

"uncut diamond" means a rough diamond which has not been processed by cutting or by any other means; and

 

"weight" means weight in carats of one-fifth of a gram.

 

 

Chapter III

 

Trading in Gold and other Precious Metals

 

 

159.  (1)     Subject to the provisions of subsection (2) of this section, no person shall pay or satisfy a debt by means of raw gold.

 

(2)     Notwithstanding the provisions of subsection (1) of this section, an authorised gold miner may, by means of raw gold, satisfy a debt due from him to a licensed gold dealer.

 

160   (1)     No person, other than an authorised gold miner or a licensed gold dealer, shall sell any raw gold.

 

(2)     No authorised gold miner shall sell any raw gold-

 

(a)     which is not lawfully won by him or by any other authorised gold miner he is authorised in writing to act for; or

 

(b)     to any person residing in Nigeria, other than a licensed gold dealer.

 

(3)     No licensed gold dealer shall sell any raw gold -

 

(a)     except on behalf of an authorised gold miner or another licensed gold dealer or unless the gold is obtained from an authorised gold miner or another licensed gold dealer;

 

(b)     to any person residing in Nigeria, other than a licensed gold dealer or a licensed goldsmith,

 

161.   (1)     No person, other than a licensed gold dealer or a licensed goldsmith, shall buy any raw gold

 

(2)     No licensed gold dealer shall buy any raw gold except from an authorised gold miner or another licensed gold dealer.

 

(3)     No licensed goldsmith shall buy any raw gold except from a licensed gold dealer.

 

162.  (1)  No person shall expert any raw gold from Nigeria unless he holds a Treasury receipt for the royalty paid or until the receipt is endorsed by a collector of customs with the amount of the raw gold to be exported.

 

(2)     No person shall carry any raw gold coastwise in Nigeria unless its particulars have been previously declared to a collector of customs.

 

(3)     No person shall import any raw gold into Nigeria unless he makes a declaration as in Form B set out in Schedule 4 to this Decree before a collector of customs and obtains an importation certificate as in Form C set out in Schedule 4 to this Decree.

 

(4)     No person shall export from Nigeria any raw gold that has been imported into Nigeria unless the importation certificate is surrendered to the Minister.

 

(5)     Every importation certificate issued under subsection (3) of this section shall be liable to a stamp duty of two thousand naira or such other amount as may be prescribed to be paid by the importer.

 

163.   (1)   A person who desires to deal in gold shall submit an application for a gold dealer's licence to the Minister on such form as may be prescribed.

 

(2)     The Minister may, on receiving an application submitted under subsection (1) of this section and the payment of the prescribed fee, issue a gold dealer's licence as in Form A set out in Schedule 4 to this Decree if he is satisfied with the information supplied by the applicant.

 

(3)     A gold dealer's licence issued under this section shall expire on the 31St of December following the date of issue but the licence may subject to the conditions stipulated in section 164 and the payment of such fees as the Minister may prescribe, be renewed every year before the expiry date.

 

(4)     A gold dealer's licence issued under this section may not be renewed by the Minister if no transaction was carried out by the holder during the period of one year in which the licence was in force.

 

(5)     The Minister may revoke a licence issued under section if the holder of the licence is convicted of an offence under this Chapter of this Decree or the regulations made under it or commits a breach of any of the conditions of the licence.

 

(6)     The Minister may on revoking a licence refund such part of the fee paid for the licence as he thinks just.

 

(7)     A licensed gold dealer shall not buy, sell, or store any raw good except on the premises specified in the licence.

 

164.    (1)     A licensed gold dealer shall keep a book in which he shall enter particulars of

 

(a)     every raw gold brought, sold received, other than l way of importation, or exported by him showing-

 

(i)     the date of the transaction,

 

(ii)     the weight and price or value of the gold,

 

(iii)     the name and address of the seller, depositor purchaser or consignee and the registered number 0f any lease or group of lease for which a grouping certificate has been issued by the Minister from 0] under the area of which the gold is alleged to have been won; and

 

(b)     every raw gold and all gold bar, sheet, wire, grain and bullion imported by him showing -

 

(i)     the date of import,

 

(ii)     the number of the import licence,

 

(iii)     the weight and price or value of the gold, and

 

(iv)     the name and address of any person to whom the gold is delivered

 

(2)     A licensed gold dealer shall at all reasonable times on request produce the book for inspection by an Inspector of Mines or any other officer authorised in writing by the Minister in that behalf.

 

(3)     A licensed gold dealer shall in the months of April, July, October and January deliver to the Inspector of Mines a return in duplicate showing the particulars required to be kept under subsection (1) of this section, of-

 

(a)     every raw gold bought, sold, received (other than by way of importation) or exported by him; and

 

(b)     every raw gold bar, sheet, wire, grain and bullion imported by him,

 

during the preceding three months.

 

(4)     In this section, "Inspector of Mines" means the Inspector of Mines in charge of the inspectorate in corporation the premises in which the gold dealer carries on business.

 

165.   Subject to any agreement to the contrary, a licensed gold dealer who pays royalty on any raw gold exported by him on behalf of any other gold dealer may recover from that person the amount of the royalty paid.

 

166.   (1)     A Judge of the Federal High Court may, at any time, if satisfied by information on oath that there is reasonable ground for believing that there is, in any building, premises, ship, place, carriage, box or-receptacle within any State or any part of the Federation, anything -

 

(a)     on or in respect of which an offence under the provisions of this Chapter of this Decree has been or is being or is suspected of having been committed; or

 

(b)     which there is reasonable ground for believing -

 

(i)     will afford evidence as to the commission of an offence, or

 

(ii)     is intended to be used for the purpose of committing an offence,

 

issue a warrant under his hand authorising any police officer named in the warrant or any other officer as may be designated by the Minister at any time within one month from the date of the warrant to enter or open, and examine if necessary by force, the building, premises, ship, place carriage, box or receptacle named in the warrant and search for the thing and seize it, together with any vessel or receptacle containing the thing.

 

(2)     An article or a thing seized under the authority of warrant issued under subsection (1) of this section shall be brought before the Court within 14 days of the seizure to be dealt with according to law.

 

(3)     In addition to the powers conferred by subsection (1) of this section, any police officer, Inspector of Mines or customs officer may search the person and property of any person the officer in question has cause to believe that the person who or whose property is to be searched is in unlawful possession of gold.

 

167.  A person in whose possession, power or control any raw gold is found commits an offence unless he proves that he obtained it lawfully.

 

168.   Any raw gold found without an apparent owner may be seized by any police officer or officer of the Ministry and shall within 14 days be taken before the Court, which shall, if satisfied that the owner cannot be found, declare it to be forfeited to the Government of the Federation.

 

169.    Proceedings in respect of any offence under Chapter of this Decree shall be instituted and prosecuted by the Attorney-General of the Federation or any officer authorised by him.

 

170    (1)     A person who contravenes any provision of this Chapter commits an offence and is liable on conviction to a fine not exceeding twenty thousand naira or imprisonment for a term of two years or to both such fine and the imprisonment and on a second or any subsequent conviction, to a fine not exceeding fifty thousand naira or to imprisonment for five years or to both such fine and imprisonment and in addition the Court may, on conviction, declare that all or any part of any raw gold with respect to which the offence was committed be forfeited to the Government of the Federation

 

(2)     The jurisdiction conferred on the Court by subsection (1) of this section shall be exercised by a Judge of the Federal High Court.

 

171.    (l)     A Court which declares any raw gold to be forfeited under subsection (1) Of this section shall advertise the forfeiture in Form D set out in Schedule 4 to this Decree in one issue of the Gazette.

 

(2)     If, within three months from the date of the Gazette in which the advertisement appears, any person proves to the satisfaction of the Court, a title to the forfeited gold or any part of and that he was not concerned in any offence for which the gold forfeited, the Court shall order that the gold or such part as Court considers just be delivered to that person.

 

172.     Any police officer, officer of the Ministry charged responsibility for minerals or an officer of the Nigerian Customs Service may, without a warrant arrest any person who commit an offence under the provisions of this Chapter of this Decree or the regulations made under it or whom he has reasonable grounds for believing has committed an offence.

 

173.     The Minister may, from time to time, make regulations amending the forms contained in Schedule 4 to this Decree and generally for carrying into effect the provisions of this chapter of this Decree, and prescribing the fees to be paid in respect of any matter dealt with by the regulations.

 

174.   The forms contained in Schedule 4 to this Decree shall be with such variations as circumstances may require for the purpose of this Chapter of this Decree.

 

175.   In this Chapter of this Decree, unless the context otherwise requires -

 

"authorised gold miner" means any person -

 

(a)     to whom any right, licence, permission or lease has been granted under Chapter I of this Deci authorising the person to prospect or mine for gold; or

 

(b)     authorised in writing by the holder of any right licence, permission or lease granted under Chapter I of this Decree to act on his behalf for the purposes of this Chapter, provided that the authorisation had been previously communicated to the Director of Mines or the Minister;

 

"buy" includes receive as a pledge or security; "buy" and "sell" includes barter; "Court" means the Federal High Court;

 

"licensed gold dealer" means the holder of a gold licence issued under this Chapter of this Decree;

 

"licensed goldsmith" means the holder of a goldsmith’s licence issued under this Chapter of this Decree;

 

"Minister" means the Minister charged with such responsibility for matters relating to minerals and includes any person authorised by the Minister to act on his behalf, and "Ministry" shall be construed accordingly;

 

"officer of the Ministry" means an officer in the Ministry;

 

"other precious metals" includes raw silver and raw platinoid group metals;

 

"sell" includes deposit as a pledge or security.

 

 

Chapter IV

 

Tin and Tin Ore

 

Part 1

 

Control of Tin and Tin Ore

 

176   (1)     Where it appears appropriate to the Minister, for the purpose of giving effect to any international agreement to which Nigeria is a party, that the production and export of tin and tin ore should for the time being be controlled, he may by order provide that this section shall have effect as respects such period of further period as may be specified by the order.

 

(2)     During any period specified by an order under subsection (1) of this section, no person shall export any quantity of tin or tin ore or deliver any quantity of tin or tin ore to a smelter unless that person is authorised by a licence issued to him by the Minister to export it or, as the case may be, to deliver it to he smelter.

 

(3)     A person who contravenes the provisions of subsection (2) of this section commits of an offence and is liable on conviction to a fine not exceeding twenty thousand naira or imprisonment for a term not exceeding 2 years or to both such fine and imprisonment.

 

177.    (1)     No person shall deliver to a smelter or export any quantity of tin ore unless he has paid to the Federal Government the prescribed fee in respect of that quantity.

 

(2)     The Minister may make regulations -

 

(a)     prescribing the amount of the fees payable under subsection (1) of this section in respect of any quantity of tin and tin ore, respectively;

 

(b)     prescribing the manner in which any fee is to be paid; and

 

(c)     for securing that the fee is not paid more than once in respect of the same ore.

 

(3)     Regulations made under this section may contain such supplemental and incidental provisions as the Minister considers expedient for the purpose of the regulations and may make different provision (other than provision as the rate of a levy) for different circumstances.

 

(4)     A person who fails to pay any fee due under this section commits of an offence and is liable on conviction to a fine not exceeding twenty thousand naira, and the Court before which the person is charged shall in addition order him to pay, to the Federal Government, the amount of the fee.

 

(5)     The Minister shall in each year pay over to the International Research Council out of the money provided the Federal Government an amount equal to not less than the aggregate amount of the sums received and the sums he estimated will be received by him during that year by way of fees under this section.

 

178.    (1)    Every smelter shall, within twenty days after the end of each month, give to the Minister a report in writing containing particulars of -

 

(a)     its name and the addresses of all premises in which it carries on business as a smelter;

 

(b)     the quantities of tin and tin ore, respectively, under its control on the last day of that month;

 

(c)     the quantities of tin ore acquired by it during that month;

 

(d)     the quantities of tin and tin ore, respectively, it dispatched to a destination or disposed of outside Nigeria during that month, specifying the countries concerned;

 

(e)     the quantities of tin and tin ore, respectively, disposed of within Nigeria during that month; and

 

(f)     the quantity of tin, estimated in a reasonably accurate manner, contained in each quantity of tin ore mention in the report.

 

(2)     A smelter which -

 

(a)     fails to furnish a report required under subsection (1) of this section; or

 

(b)     furnishes a report which it knows to be false, or recklessly furnishes a report which is false in a material particular,

 

Commits an offence under this subsection and is liable on Conviction to a fine not exceeding ten thousand naira.

 

179.    (1)     Where tin ore is delivered for smelting in Nigeria, the smelter shall become the agent of the producer of the tin ore (in this Decree referred to as "the producer") for the purpose of the payment of royalty on the tin ore, and notwithstanding anything to the contrary in any enactment, he shall be primarily liable for payment of that royalty into the Consolidated Revenue fund of the Federation as directed by the Minister.

 

(2)     Accordingly, the smelter may, for the purpose of meeting its liability under subsection (1) of this section, deduct from the amount payable by it to the producer for the tin ore smelt, the amount required to pay any royalty due in respect of the tin ore.

 

(3)     The production at any time, after payment of the royalty, of the relevant receipt or certificate of payment, as the case may be, in respect of the tin ore smelted shall for all purposes be sufficient acquittal and discharge to him for the amount so paid.

 

 

Part II

 

Production and Export of Tin

 

180.    (1)     The Minister may by order prohibit the production of tin except in such particular cases as he may in his discretion by a licence under his hand permit.

 

(2)     In subsection (1) of this section -

 

"tin" means in concentrates of shipping grade; and

 

"production of tin" means the winning of tin concentrates of shipping grade by mining or prospecting operations or the conversion of any tin which has been so won into tin concentrates of shipping grade.

 

181   (1)     The Minister may by order prohibit the export of tin except in such particular cases as he may in his discretion by a licence under his hand permit.

 

(2)     In this section, "tin" includes tin ore.

 

 

182.   The provisions of section 180 and 181 of this Decree shall only have effect during such time as there is in force an order of the Minister under either of those sections.

 

183   (1)     A licence granted under an order made under either section 180 or 181 of this Decree -

 

(a)     shall be valid for such period and in respect of such total quantity of tin as defined in those sections as the Minister may specify; and

 

(b)     may be subject to such terms and conditions as the Minister may in his discretion think fit to impose, including a term that any previous licence shall be deemed to be cancelled.

 

(3)     A person who desires to transfer a licence granted pursuant to the provisions of this Part of this Chapter shall apply to the Minister.

 

(4)     The Minister may approve the transfer of a licence subject to such terms and conditions as he may deem fit to make.

 

184.    (l)     Any police officer, officer of the Department of Mines or any other officer authorised in that behalf in writing by the Minister -

 

(a)     may seize and detain any tin in respect of which he has reasonable cause for believing an offence has been committed under this Decree; and

 

(b)     shall cause the owner of the tin seized under paragraph (a) of this subsection, or its agent or servant, as the case may be, to be prosecuted before the Court.

 

(2)     If the owner of the tin or any agent or servant of owner is convicted of any offence under this Decree in respect of the tin, the whole or such portion of the tin as the Court may specify shall be forfeited to the Federal Government and shall be dealt with in such manner as the Minister may direct.

 

(3)     Any tin seized and detained under this section shall be released unless a prosecution is instituted for an offence under this Decree within fourteen days of the seizure or detention.

 

(4)     In this section, tin has the meaning assigned to it under the section creating the offence which has or is believed to have been committed.

 

185. The provisions of subsections (1), (2) and (3) of section 184 shall apply to ore containing tin to the same extent as they apply to tin.

 

186.    (l)     No person shall, in any one period of three successive months ending on the 31st day of March, the 30th day of June, the 30th day of September or the 31St day of December in any one year, remove, from the ground, ore containing tin which if converted into tin concentrates of shipping grade would be in excess of the amount of tin concentrates of shipping grade which may be produced under a licence in force issued to that person under subsection (1) of section 180 of this Decree.

 

(2)     A person who removes from the ground, any ore containing tin which, if converted into tin concentrates of shipping grade, would be in excess of the amount for which the licence has been issued or without a licence commits an offence under this Decree.

 

187.    (1)     Where ore containing tin is produced in the course of the production of some other metal or substance, the production of the tin not being the object or principal object of the operations, the holder of the mining lease shall, within 30 days of the production, notify the Minister in writing of the production of the tin.

 

(2)     The notification given to the Minister under subsection (1) of this section shall contain -

 

(a)     the particulars of the tin produced; and

 

(b)     the site and circumstances of the production of the tin.

 

(3)     The holder of the mining lease or licence may, on notifying the Minister of the production of the tin, apply to the Minister for the inclusion in his mining lease or licence, the winning of tin, and the Minister may grant the application, subject to the conditions that

 

(a)     a licence under this Part of this Chapter is granted for the removal from the ground of ore containing tin;

 

(b)     the ore containing tin is converted immediately into tin concentrates of shipping grade;

 

(c)     the tin concentrates of shipping grade are deposited in such place and under such terms and conditions as the

Minister may direct;

 

(d)     the tin concentrates of shipping grade shall only be sold, disposed of or otherwise dealt with the prior approve of the Minister;

 

(e)     there shall be stated in the licence the total amount of tin concentrates of shipping grade which may be produced under the licence during any specified period of time; and

 

(f)     no more ore containing tin which, if converted into tin concentrates of shipping grade, would exceed the amount specified in the licence shall be, removed from the ground during the period for which the licence is in force.

 

188.     (1)     Where a person is in lawful possession of tin ore, which, if converted into tin concentrates of shipping grade, would together with the tin concentrates of shipping grade that person is licensed to remove from the ground exceed the amount of tin concentrates 01: shipping grade which that person should be able to have in his custody or possession under any licence for the time being in force, all the excess quantity of ore containing tin shall -

 

(a)     immediately, or within such time as the Minister may, after considering the circumstances of the case, allow, be converted into tin concentrates of shipping grade; and

 

(b)     be placed in such piace as the Minister in his discretion may direct, not only during the time its owner is licensed to remove from ground ore containing tin but also after the expiration or revocation of the licence.

 

(2)     Where the owner of any ore containing tin under subsection (l~) of this section is licensed to export tin, he shall be entitled to draw on the excess quantity of ore containing tin (whether it has been converted into tin concentrates of shipping grade or not) in order to make up the amount of tin which he is licensed to export under the licence.

 

189.    (1)     A person who contravenes or attempts to contravene any of the provisions of this Part of this Decree or any order made or of the terms or conditions of any licence issued under this part of this Decree commits an offence under this Part of this Decree.

 

(2)     Any person who commits an offence under this Part of this Chapter is liable on conviction, where no other penalty is specified under this Part, to a fine not exceeding ten thousand naira or imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.

 

 

Part II

 

Tin Production and Development

Revolving Loans Fund

 

190.    (l)     There is hereby established a fund to be known as the Tin Production and Development Revolving Loans Fund (in this Part of this Chapter referred to as "the Fund").

 

(2)     There shall be paid into the Fund -

 

(a)     a sum of one hundred million naira which shall be charged on the Consolidated Revenue Fund of the Federation, representing part of capital made available for the purpose of promoting tin mining production and development in Nigeria in connection with the international tin agreements to which Nigeria is a contracting party;

 

(b)     such sums as may, from time to time, be credited to the Fund by way of payment of the principal and interest on and other charges in respect of any loan made out of the Fund and also any interest from investments made from the fund.

 

191. (1)     The Fund shall be utilised for promoting efficiency and higher productivity in the tin mining industry and in particular for providing loans to assist any eligible small mining operator.

 

(2)     In this section, eligible small mining operator" means small or middle scale company -

 

(a)     which conducts tin mining operations on a scale approved by the Minister;

 

(b)     in respect of whose mineral reserve and extraction process an approval has been given by the Minister or an officer designated by the Minister in that behalf; and

 

(c)     in relation to whose application for a loan, recommendation has been obtained from the Ministry of Finance by the Minister or an officer designated by him under paragraph (b) of this section.

 

192.  Disbursements from the Fund shall be made in accordance with rules made under section 26 of the Finance (Control and Management) Act and such other rules, regulation and guidelines as the Minister in conjunction with the Minister Finance may, from time to time make or issue.

 

 

Chapter V

 

Quarries

 

Part I

 

Quarrying Operations

 

 

193.     This Chapter applies in relation to a naturally occurring quarriable minerals.

 

194   (1)     Notwithstanding the provisions of any other enactment, consent, or approval provided for under an enactment, every operation for the purpose of extracting any quarriable mineral from. a quarry for industrial use (in this Chapter referred to as a "quarrying operation") shall be conducted under a lease or licence granted by the Minister under this Decree.

 

(2)     Every grant of a lease or licence shall be made subject to the provisions of this Chapter, the prescribed regulations and the terms of the lease or licence.

 

(3)     Except as provided in this Chapter, no person shall conduct any quarrying operation on any land in Nigeria or divert or impound water for that purpose.

 

(4)     In this section, t'industrial use" includes sale, bargain and usage for or in connection with any industry or trade.

 

195.    (1)     Notwithstanding the provisions of section 197 of this Decree, any person who desires to carry out any quarrying operation shall apply to the Minister.

 

(2)     The Minister may on receiving an application under subsection (1) of this section and the payment of the prescribed fee, grant a quarrying lease which may be in Form A in Schedule 5 to this Decree if he is satisfied that -

 

(a)     the purpose for which the quarrying operation is to be carried out is appropriate; and

 

(b)     the applicant is capable of satisfying the conditions on which the lease may be granted, the requirements of this Chapter and the regulations made under this Decree.

 

(3)     If the Minister is not so satisfied he shall refuse the application and advise the applicant of the reasons for the refusal.

 

(4)     Where the Minister refuses an application, the applicant may re-apply, if he so desires, and the Minister may in his discretion re-consider the application.

 

196.    quarrying lease shall -

 

(a)     not be granted in respect of any area of land exceeding 5 hectares;

 

(b)     unless previously revoked or otherwise determined., remain in force for -

 

(i)     a period of five years, or

 

(ii)     any lesser period for which the lease has been granted,

 

from the date of the grant of the lease and shall then expire unless renewed.

 

197.    (1)     The Minister may, if he is satisfied that delay may occur in the consideration of the application or for any other reason, grant to the applicant a temporary lease which may be in Form B in Schedule 5 to this Decree, for a term not exceeding 3 years, subject to such conditions as he thinks fit to impose.

 

(2)     The Minister may, in his absolute discretion, cancel a temporary lease granted by him without assigning any reason for the cancellation.

 

198.    (1)     Notwithstanding the provisions of section 195 of this Decree, a person who desires to carry out any quarrying operation shall apply to the Inspector or any other officer authorised in writing by the Minister in the prescribed manner for a quarrying licence.

 

(2)     The provisions of subsection (2), (3) and (4) of section 195 of this Decree shall, subject to the provisions of this section, apply in relation to an application for a lease as if the references to the Minister there were substituted references to the Inspector or any other person authorised by the Minister in that behalf.

 

(3)     A licence shall not be granted -

 

(a)     in respect of an area exceeding half an hectare;

 

(b)     unless the Inspector or any other person authorised in writing by the Minister is satisfied as to the applicant's ability to carry out, quarrying operations in that area; and

 

(c)     unless the application is accompanied by a written statement indicating that the Minister, after consultation with the Commissioner responsible for matters relating to Local Governments, in the State where the quarry, is situated is satisfied that the licence, if issued, will not operate to the detriment of any person.

 

(4)     A licence shall, unless previously revoked or determined, remain in force for a period of one year from the date of the grant of the licence and shall then expire unless renewed.

 

(5)     A quarrying licence shall be in Form C in the Schedule 5 to this Decree.

 

199   (l)     A lease or licence granted under this Part of this Chapter may be renewed in the following circumstances -

 

(a)     in the case of a lease on an application in writing made by the holder of the lease to the Minister who may renew the lease if the application is made not less than three months before the expiration of the lease, and similarly renew any lease that has been previously renewed; and

 

(b)     in the case of a licence, on an application in writing by the holder of the licence to the Inspector or any other officer authorised by the Minister, who may, renew the licence if the application is made not less than one month before the expiration of the licence, and similarly renew a licence that has been previously renewed.

 

(2)     A lease or licence shall not be renewed if the or the Inspector or any. other officer authorised in writing by the Minister, as the case may be, is satisfied that the quarrying operation has been carried out contrary to the provisions this Chapter or the regulations made under it.

 

(3)     A lease or licence renewed under this section may be further renewed in accordance with the provisions of this section.

 

200.    (l)     Where, in relation to the same area or overlapping areas applications are received for leases from two or more persons, the application first received in order and in the form proper shall have priority over any other application.

 

(2)     In every case, an application for a lease shall have priority over an application for a licence in respect of the same area or overlapping areas.

 

(3)     Notwithstanding the provisions of subsections (1) and (2) of this section, unless the Minister directs that any question as to priority be referred to a committee appointed by him, his decision on the matter shall be final.

 

201.    (l)     Subject to the provisions of this Decree, a lease or licence shall confer on the lessee or licensee the right to -

 

(a)     enter on the land within the area of the lease or licence granted under this Chapter;

 

(b)     carry out quarrying operation on the land within the area of the lease or licence and shown on the plan supplied (if required) by the applicant; and

 

(c)     remove and dispose of any quarriable material specified in the lease or licence.

 

(2)     Subject to the provisions of this Chapter and the regulations made under it, the holder of a lease who has complied with the provisions of this Chapter and the regulations (relating in particular to compensation and the payment of surface rents) shall, for the purposes of the quarrying operation, have, on the within the area of the lease or licence, the right to -

 

(b)     erect, construct and maintain such houses and buildings as, in the opinion of the Minister, are necessary for his use and for the use of his agents and servants;

 

(c)     erect, construct and maintain such engines, machinery, buildings and workshops and other structures as may be necessary or convenient;

 

(d)     stack or dump any of the products from the quarry;

 

(e)     lay water pipes and make water courses and ponds, dams and reservoirs; and

 

(f)     construct and maintain all such electrical transmission lines, tramways, railways, roads, landing grounds, communications and conveniences as may be necessary.

 

(3)     A lessee or licensee under a lease or licence -

 

(a)     may, on the land within the area of the lease or licence cut, take and use any tree when necessary in the course of the quarrying operation or when required for carrying out the quarry operation or for domestic purposes;

 

(b)     shall not cut or take any protected tree except with the consent of the proper forestry officer; and

 

(c)     shall reimburse the Minister for any payment made by the Minister in respect of any fee and royalty prescribed under the Forestry Law of a State.

 

(4)     A lease shall not, except as provided under a water licence granted under this Chapter, convey any exclusive right or privilege in relation to any lake, river, spring, stream or other body of water on, passing through or adjacent to the land within the area of the lease or licence.

 

(5)     Nothing in this section shall authorised the holder of a lease or licence to make such alteration in the flow of water in any navigable water as would obstruct or interfere with or is likely to obstruct or interfere with the free and safe passage of any vessel, boat, canoe or other craft.

 

202.    (1)     A right or interest under a lease shall not be assigned to any person by its holder except with the consent in writing of the Minister signified by endorsement on the instrument of assignment in Form D in Schedule 5 to this Decree, and an instrument not so endorsed shall, for all purposes, be void.

 

(2)     The assignee of any right or interest under a lease shall be liable for any rent or obligation under this Chapter which may have accrued at the time of the assignment.

 

(3)     Where an application has been made for a lease, the provisions of this section shall apply in respect of the application, and any consequential amendment for such purpose shall be made in the prescribed form.

 

(4)     On an assignment being effected and approved in accordance with this section, the assignee shall be entitled to any right, interest or obligation which the assignor would otherwise have had under this Chapter, so however that no transfer of any right or interest in a licence or lease shall be effected without the consent of the Minister in writing.

 

203.    (l)     Where there is in operation in respect of the same land or part of the land, a lease, licence or right of any kind granted under the Petroleum Act, the Oil Pipelines Act, or such other enactment as the Minister may by order specify, the provisions of this Chapter relating to the granting of leases or licences shall not apply.

 

(2)     An application for a quarrying lease or quarrying licence may, notwithstanding subsection (1) of this section, granted if -

 

(a)     all the interested parties agree in writing; and

 

(b)     the provisions of this Part of this Chapter relating to the conditions for the granting of leases and licence, and other requirements of this Chapter of this Decree or the regulations made under it are complied with.

 

(3)     In subsection (2) of this section, "interested parties" means parties interested in the lease, licence or right to which subsection (1) of this section relates and includes parties entitled to be paid compensation or surface rent by or under this Chapter of this Decree or any other law.

 

(4)     Where -

 

(a)     a quarrying lease or licence has been granted prior to a grant under any of the enactments referred to in subsection (1) of this section; or

 

(b)    at the request of the grantor or grantee of a lease under any of those enactments, there is an application before the Minister for the determination of any quarrying lease or licence,

 

the Minister may, if he thinks fit, by notice served on the holder of the lease or licence determine the quarrying lease or licence, subject to such conditions as he may impose and to the payment of compensation, in any appropriate case, by the person making

 

(5)     Nothing in this section shall be construed as applying to I lease or licence for conducting quarrying operation -

 

(a)     in a disused or abandoned mine or mining area, or part of that mine or mining area; or

 

(b)     where, with the approval of the Minister in writing, quarrying operation may be safely conducted simultaneously with any other work in the mine or mining area, or part of that mine or mining area.

 

(6)     In subsection (4) of this section, "mine" has the same meaning as in section 259 of this Decree, and "mining area" shall

be construed accordingly

 

204.    (1)     Subject to the provisions of this section, the Minister may, before granting a lease, require the area specified in the application to be surveyed in accordance with the provisions of the Survey Co-ordination Act and the cost of the survey shall be paid by the applicant in accordance with the scale prescribed by or under that Act.

 

(2)     The Minister may, if he thinks fit, waive the requirement of subsection (1) of this section as to survey.

 

205.    (1)     Without prejudice to the power of the Minister to determine a lease or licence in any other manner, the Minister may, in his discretion, revoke any lease or licence if -

 

(a)     the holder is convicted by any court of compete jurisdiction for an offence under this Chapter of this Decree or regulations made under it' and the time for appeal against the conviction, if any, has lapsed or the appeal has been dismissed or withdrawn or struck out for want prosecution; or

 

(b)     the holder is convicted for an offence under any of enactments set out in Schedule 2 to this Decree or regulations under any of those enactments and the time for appeal has lapsed or the appeal has been dismissed or withdrawn or struck out for want or prosecution; or

 

(c)     the holder breaches any provision of this Chapter of Decree or regulations made under it or of any terms or conditions of his lease or licence whether express implied; or

 

(d)     the holder breaches any order or notice issued or given under this Chapter of this Decree or regulations made under it, or on being called by the Minister by notice to show cause within a time specified in the notice why the lease or licence should not be revoked, the holder fails to comply or show adequate cause; or

 

(e)     the lease or licence was granted in error, whether the error relates to the area or to the boundaries or to the identity of the grantee or to any other matter whatsoever; or

 

(f)     the lessee or licensee, before the expiration of the term of the lease or licence, surrenders the lease or licence in the manner prescribed.

 

(2)     A revocation under subsection (1) of this section shall be without prejudice to any claim against the holder of a lease or licence which may have become due to the Federal Government.

 

(3)     A notice of revocation sent to the last known address of the holder of a lease or licence or to his representative in Nigeria or published in the Gazette shall for all purposes be sufficient notice to the holder of the lease or licence being revoked.

 

(4)     An Inspector may, without prejudice to the provisions of subsection (1) and (2) of this section, in his discretion revoke a licence on any of the grounds mentioned in subsection (1) of this section and subject to those provisions, subsections (2) and (3) of this section shall apply in relation to the power of an Inspector to revoke any licence as it applies in relation to the power of the Minister to revoke any lease or licence, and those provisions shall for the purposes of this subsection be so construed.

 

(5)     The holder of licence may appeal to the Minister if he is not satisfied with the decision of the Inspector made pursuant to subsection (4) of this section and the decision of the Minister shall be final.

 

206.    (1)     Whenever any land the subject of a lease or licence is required for public purpose, the Minister may call on the lessee or licensee to surrender his right to the land.

 

(2)     The lessee or licensee shall when so called on, within reasonable time, surrender the land in accordance with the procedure prescribed.

 

(3)     The Federal Government shall reimburse the occupier the land, if any and the holder of a lease or licence for any interference with the surface working or for disturbance or the loss reasonable expectation of profits from quarrying on the land required for public purpose.

 

(4)     Any question as to what is a reasonable expectation C profits from quarrying shall be determined by the Minister after consultation with such committee as he may constitute for this purpose under the chairmanship of the Director of Mines, and the decision of the Minister on the matters shall be final.

 

207.    (1)     Subject to subsection (2) of this section, nothing in this Chapter shall be deemed to apply in relation to the extraction of sand, clay, laterite and stone for purely local purposes by the local inhabitants of an area in accordance with the local custom of the community of that area.

 

(2)     No explosives shall be used for the extraction of any the minerals referred to subsection (1) of this section and none of those minerals shall be extracted locally without the consent in writing of the Minister.

 

 

Part II

 

Powers and Functions of Director of Mines

 

 

208.    (1)     The Director of Mines shall be charged with the administration of this Chapter of this Decree.

 

(2)     There shall be appointed for the purpose of this Chapter of this Decree, such number of other fit persons to be known as quarry officers as may from time to time be required to assist the Director of Mines.

 

(3)     There shall be appointed Inspectors for the purpose of this Chapter of this Decree, who shall have such duties and powers as are conferred on them by this Part of this Chapter or by regulations made under it.

 

209.     In addition to such other functions of the Director of Mines as may be prescribed, the Director of Mines shall -

 

(a)     exercise general supervision over all quarrying operations;

 

(b)     prepare and render records, reports and returns and annually;

 

(c)     take into his custody any quarriable mineral declared by any court to be forfeited to the Federal Government and dispose of the mineral by sale and account for the proceeds after the sale; and

 

(d)     perform and exercise such other functions and powers as may be conferred on him by or under this Part or as the Minister may direct.

 

210.   Without prejudice to any other power to make regulations under this Chapter, the Minister may make regulations to prescribe the functions of an Inspector and the regulations may include provisions -

 

(a)     authorising an Inspector to enter any quarry by day or night for the purpose of inspecting the quarry or any part of it or anything in the quarry;

 

(b)     for facilitating the conduct of any examination or inquiry required under this Chapter;

 

(c)     requiring copies of records, plans or other documents to be produced for examination by the Inspector or to be furnished to him periodically and on such occasions as he may determine;

 

(d)     authorising the Inspector to -

 

(i)     take into his possession any machinery, apparatus or any article whatsoever in a quarry, pursuant to the provisions of any regulation relating to the safety, welfare or health of persons in a quarry or any other law, or

 

(ii)     cause the dismantling of any machinery or thing, pursuant to the provisions of the Regulations or law, notwithstanding that the machinery or thing may thereby be damaged or destroyed;

 

(e)     delegating to a quarry officer or other public officer any power conferred on the Director of Mines or Inspector under this Chapter; and

 

(f)     hearing and deciding any appeal on anything done under this Chapter of this Decree.

 

211.     Subject to the provisions of this Decree, the Minister may by regulations prescribe the functions of quarry officers.

 

 

Part III

 

Inquiry into Accidents

 

 

212.     (1)     Every accident occurring in connection with a quarrying operation and involving loss of life or serious. injury to any person shall be reported to the Inspector or quarry officer immediately by the quickest available means of communication, and thereafter the holder of the lease or licence shall within three days of the occurrence of the accident complete and forward Form E in Schedule 5 to this Decree to the Inspector or quarry officer in charge of the district in which the accident occurred.

 

(2)     The place where the accident occurred shall be left undisturbed, and no person shall interfere with the surface working or any part in which or on which the accident has occurred until the place or anything at the place, has been visited or examined by an Inspector or quarry officer as may be necessary for the removal of the person injured for medical attention.

 

(3)     A person who contravenes the provisions of subsection (1) or (2) of this section commits an offence.

 

213.    (l)     An officer appointed by the Minister shall hold an inquiry into the cause of every accident occurring in a quarry if -

 

(a)     on the receipt of a report and after such investigation as he may think fit, it appears to him that there is reason to believe that the accident was due to -

 

(i)     a failure to comply with the provisions of Chapter of this Decree or regulations made under or

 

(ii)     the neglect of any lawful order given by an Inspector, quarry officer, or any other officer; or

 

(b)     it appears to tile officer conducting the inquiry that the accident might have been prevented if proper precautions had been taken and observed in carrying out the quarrying operation.

 

214.    (1)     Where, in the opinion of the officer conducting an inquiry under sections 213 of this Decree, the accident was not due to any of the causes mentioned in that section he may direct that the report be referred to a Judge of the Federal High Court who shall hold an inquiry into the cause of the accident.

 

(2)     The Judge shall within fourteen days of the termination of the inquiry, send a copy of his findings to the Minister and, if so requested, a copy of the record of the proceedings

 

215.     In an inquiry under this Part of this Chapter, the person holding the inquiry shall determine -

 

(a)     whether the person killed or injured is a person working in the quarry or in connection with any quarrying operation at the time of the accident;

 

(b)     whether the holder of a lease or licence has been guilty of negligence or has not taken all reasonable and proper precautions to prevent the accident; and

 

(c)     whether the accident involving the death or injury is attributable to the wilful misconduct of the person killed or injured or of any other person working in common with the person so killed or injured.

 

216.    (l)     For the purposes of an inquiry under section 213 of this Decree, the officer appointed by the Minister to conduct the inquiry shall have power to -

 

(a)     authorise any person, where necessary, to have access to the quarry or any surface working and remove anything from the place where the accident occurred and take such other measures as may be necessary for the conduct of the inquiry;

 

(b)     summon witnesses, require witnesses to give evidence on oath or produce any report, book or other document for the purposes of any examination and authorise payment of expenses of witnesses; and

 

(c)     do or direct to be done such other things as he may deem necessary.

 

(2)     For the purposes of subsection (1) of this section, the officer holding an inquiry under this Part of this Chapter shall have the powers of a Judge under the Tribunals of Inquiry Act

 

(3)     A summons shall be in Form F in Schedule 5 of this Decree and shall be served by police officer or by such other person as the officer issuing the summons may direct.

 

(4)     A person summoned to attend or to produce any report, book or document under subsection (1) of this section who refuse or neglects to do so, or refuses to answer any question put to him by or with the concurrence of the officer holding the inquiry, commits an offence and is liable on conviction to a fine of one thousand naira.

 

(5)     No person summoned under this section shall be bound to incriminate himself, and every witness shall, in respect of any evidence given by him at the inquiry, be entitled to the same privileges to which he would have been entitled if giving evidence before a court of law.

 

(6)     A witness attending at the request of or on summons by an officer holding an inquiry shall, subject to any order made by the officer, be entitled to the like expenses as if summon to attend the Court, and payment shall be made in the same manner as if the person were a witness in a criminal trial.

 

217.     For the purpose of this Part of this Chapter, "serious injury" has the same meaning as defined in section 113 of this Decree.

 

 

Part lV

 

Offences and Penalties

 

 

218.     A person who, without lawful excuse -

 

(a)     interferes with any quarrying operation authorised under this Chapter of this Decree; or

 

(b)     obstructs any person in the exercise of any right conferred under this Chapter of this Decree; or

 

(c)     interferes with any surface working,

 

Commits an offence under this Decree.

 

219.     A person who, without lawful authority, wilfully breaks, defaces or removes, or in any other way, interferes with any boundary mark, beacon, pillar or post erected pursuant to this Chapter of this Decree or the regulations made under this Decree commits an offence under this Decree.

 

220.    (l)     A person who wilfully or recklessly gives false information as to any of the manners in respect of which information is required to be given under this Chapter of this Decree or the regulations made under it commits an offence.

 

221.     An offence under this Chapter of this Decree or the regulations made under it shall be tried by a Judge of the Federal High Court.

 

222.    (1)     A person who commits an offence under this Chapter of this Decree is liable on conviction, unless otherwise provided in this Chapter, to a fine not exceeding five thousand naira or imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.

 

(2)     If the offence is a continuing one, a person who continues to commit the offence is liable for each day in respect of which the offence continues to a fine not exceeding five hundred naira or imprisonment for a term of twelve months or to both such fine and imprisonment.

 

(3)     Where it is proved to the satisfaction of the Court that an offence under this Chapter of this Decree has been committed

by a person in the employment of the holder of a lease or licence, the holder shall also be guilty of the offence and liable to the penalty provided for the offence unless he proves to the satisfaction of the Court that -

 

(a)     the offence was committed without his knowledge consent; and

 

(b)     he had taken all reasonable steps to prevent the commission of the offence.

 

(4)     Nothing in subsection (3) of this section shall be construed to exempt the employee from the penalties provided for the offence committed by him.

 

Part V

 

General

 

223.    (1)     Any quarriable mineral obtained in the course of any quarrying operation shall be liable to such royalties as may be prescribed by the Minister.

 

(2)     The Minister may, in any appropriate case, reduce, defer or waive royalty with respect to any quarriable mineral.

 

224.    (1)     The holder of a lease or licence shall reimburse the Federal Government for any compensation or surface rent paid or payable by the Government to the owner or occupier of the land within the area of the lease or licence for any of the purposes mentioned in section 201(2) and (3) of this Decree or otherwise, for or in connection with the quarrying operation.

 

(2)     The holder of a lease or licence shall not disturb the occupiers of any part of the land specified in the lease during the course of any quarrying operation until the land is actually required for the purposes of section 201(2) and (3) of this Decree

 

225.    (1)     The land within the area of a lease or licence shall be bounded by vertical planes from the surface boundary lines drawn downwards to the lowest levels to which a quarry may extend.

 

(2)     The reference in subsection (1) of this section to the lowest level to which a quarry may extend is a reference to such depth as the Director of Mines may, from time to time, define, in writing, as the lowest level to which a quarry may extend.

 

226.    (1)     On the expiration or other determination of a lease or licence, the holder of the lease or licence who has paid any reimbursement, royalty and other payment due to be made by him under this Decree or under the terms of the lease or licence shall, within three months after the expiration or determination, remove from the land all or any of his plants, building or other property.

 

(2)     A person who contravenes subsection (1) of this section commits an offence under this Decree.

 

227.    (1)     In addition to any reimbursement payable to the Federal Government, the holder of a lease or licence shall pay to the owner or occupier of any land within the area of the lease or licence, compensation for any crop, economic tree, building or work damaged, removed or destroyed by the holder of the lease or licence or by his agent or servant.

 

(2)     The holder of a lease or licence shall reimburse or make any payment required under subsection (1) of this section in respect of any building erected, crop or economic tree planted or work constructed on the land after the date on which surface rent became payable.

 

(3)     Any compensation payable under this Chapter of this Decree may, subject to the provisions of this Decree and in any

appropriate case, be determined by the Minister after giving consideration to the report of any committee set up for the determination of any compensation to be paid by the Federal Government, the owner or occupier of land for which the lease or licence is or may be granted under this Chapter of this Decree.

 

(4)     Notwithstanding anything contained in this Decree or in any regulations made under it, a person who suffers any damage, loss or disturbance of his right by reason of the operation of any the provision of this Chapter of this Decree shall entitled to -

 

(a)     be paid adequate compensation in respect of the damage, loss or disturbance; and

 

(b)     refer any question as to his interest in the subject matter of the damage, loss or disturbance and as to the amount of compensation payable for determination to the Federal High Court having jurisdiction in the area in which the subject matter is situate.

 

228.    (1)     A question as to

 

(a)     whether a surface working is a quarry within the meaning of this Decree; or

 

(b)     whether any substance other than any of the substances listed in section 232(1) of this Decree is a quarriable mineral within the meaning of this Decree,

 

shall be determined by the Minister, who may publish determination by notice in the Gazette.

 

(2)     A certificate signed by the Minister, or by a person duly authorised by him in that behalf, giving particulars of anything determined (and nothing else) under subsection (1) of this section shall, for all purposes, be accepted as conclusive evidence of the matter stated in the certificate, and a document purporting to be certificate issued under this subsection shall be deemed to be such a certificate unless the contrary is shown.

 

(3)     Subsection (2) of this section shall have effect without prejudice to section 42 of the Evidence Act (which deals with certificates signed by certain specified Government officers for purposes of criminal trials).

 

229.     The Minister may, without prejudice to any other power to make regulations under this Decree, by regulations make provisions generally for carrying into effect the provisions of this Chapter of this Decree, and in particular and without prejudice to the generality of the foregoing powers, make such provision as appear to him to be necessary -

 

(a)     for the rates of royalties to be paid, the method of calculation of the amount of the royalties and the manner and time of payment of the royalties;

 

(b)     for the adoption in or around a quarry of any precaution necessary or desirable for the safety, welfare or health of persons in a quarry, for the regulation of any quarrying operation, and in relation to the administration and control of quarries;

 

(c)     prescribing the circumstances under which a person wishing to make an application for a lease or licence may enter on land to erect beacons;

 

(d)     prescribing the circumstances in which an application under this Chapter of this Decree may be granted, refused or withdrawn and as to matters with respect to which the Minister, or in the case of a licence, the Inspector, is to have regard in deciding whether to grant or refuse to grant an application;

 

(e)     as to the procedure for applications and the information to be furnished by an applicant for a lease or licence;

 

(f)     specifying the rents and fees to be paid in respect of the grant of a lease or licence or any matter or thing done under this Chapter of this Decree and also for waiver or remission of rents and fees by the Minister in such circumstances as he may consider desirable;

 

(g)     as to conditions, not otherwise specified under this Chapter of this Decree, under which a lease or licence may he granted, including the requirement for plans or other particulars or necessary consents;

 

(h)    as to the circumstances when a lease or licence may be surrendered and the procedure for surrender, and the steps to be taken after any revocation or any other determination of the lease or licence (including the removal of beacons after the revocation or other determination of the lease or licence);

 

(i)     for the working conditions to be applied to leases and licenses;

 

(j)     for the fencing off of any excavation made for or in connection with any quarrying operation; I

 

(k)     for the housing condition of persons employed in any quarrying operation in a safe, sanitary, proper, economic and effectual manner;

 

(1)     for the prevention of pollution of any natural water supply, environment generally and the disposal of wastes;

 

(m)     for prescribing the offence and the penalties which may be imposed for breach of regulations under this Chapter of this Decree not exceeding, in any case, a fine of five thousand naira and in the case of a continuing offence a fine of five hundred naira for each day in which the offence continues;

 

(n)     exempting from any provision of this Chapter of this Decree or regulations made under it (except provisions as to reimbursement, inquiry into accidents and provisions for the safety, welfare and health of persons in a quarry) any quarrying operation in respect of which a licence is required;

 

(o)     prescribing forms and any other matter or thing referred to under this Chapter of this Decree as prescribed or to be prescribed.

 

230.    (1)     The following provisions of Chapter 1 of this Decree shall, with any necessary modifications, apply in relation to a quarry as they apply in relation to a mine, namely -

 

(a)     section 1 (which relates to the control of and property in minerals, mineral oils and water);

 

(b)     section 5 (which relates to body corporate);

 

(c)     sections 8 and 27 (which prevent the pr9specting, or mining on sacred areas, injury or destruction of trees or other objects of veneration and areas Closed to prospecting) as if the reference to the Administrator of a State is a reference in section 14 to the Commissioner charged with the responsibility for the Local Governments or administration of the area in the State;

 

(d)     section 14 (which prohibits prospecting or mining on or in, the erection of beacons on, or the occupation of, certain specified lands);

 

(e)     Part VII (which deals with provisions regarding water), as if -

 

(i)     the references in section 72(4) to the provisions of sections 11, 59, 95 and 96 were references to sections 200, 224, and

227 of this Chapter of this Decree, or other prescribed provisions, corresponding to this Chapter, and

 

(ii)     the reference in section 74(2)(a) to the provisions of section 43 (which relates to temporary grants of or mining leases) is a reference to section 197 of this Decree;

 

(f)     Part XII (which relates to the construction and use of mining roads); and

 

(g)     section 141 (which relates to certain right of entry and inspection).

 

(2)     Nothing in this section or elsewhere in this Chapter of this Decree shall be construed as limiting the effect of the provisions of Chapter 1 of this Decree and regulations made under it unless provided by this Chapter of this Decree.

 

231.     A reference in any enactment (apart from this Decree, the Factories Decree and the Criminal Code Act) to a mine or mining operation shall be construed, unless it is otherwise expressly provided or the context otherwise requires, as including a reference to a quarry or quarrying operation and effect shall be given to the enactment with any necessary modifications.

 

232.    (1)     In this Chapter of this Decree -

 

"Director of Mines" means the Director of Mines appointed under section 100(1) of this Decree;

 

"functions" includes powers and duties;

 

"holder" means a person for the time being enjoying the right of lessee under a quarrying lease, or licensee under a quarrying licence, or an agent of the lessee or licensee;

 

"Inspector" means an Inspector appointed as such officer under section 100(1) of this Decree and includes a senior Inspector;

 

"land" includes a river bed and land underneath any body of water;

 

"lease" means a lease and renewal of a lease granted under this Chapter for a term not exceeding 5 years for a quarrying operation and includes a temporary lease under section 195 of this Chapter, and the references to a quarrying lease shall be so construed;

 

"licence" means a licence and a renewal thereof granted under this Part for a term not exceeding 1 year for quarrying operation, and the reference to a quarrying licence shall be so construed;-

 

"mine" has the same meaning as in section 259 of this Decree;

 

"Minister" means the Minister for the time being charged with the responsibility for matters relating to mines, minerals and quarries;

 

"owner" has the same meaning assigned to it under section 259 of this Decree.

 

"prescribed" means prescribed by this chapter or regulations thereunder;

 

"quarriable minerals" means asbestos, china clay, fuller's earth, gypsum, limestone, marble, mica, pipe-clay or slate, and includes sand, stone, literate, common clay, gravel or such mineral as may be so determined and designated by the Minister under this Decree;

 

"quarry" means a surface working or uncovered excavation used for the purpose of extracting quarriable minerals, and includes a proposed quarry;

 

"quarry officer" means a quarry officer appointed under section 208(2) of this Chapter;

 

"quarry operation" has the same meaning as in section 194(1) of this Part and includes any form of activity for the extraction of quarriable minerals (other than an activity conducted or to be conducted underground and any activity preparatory or incidental to that activity thereto;

 

"regulations" means regulations made under this Chapter which are, from time to time, in force; and

 

"surface working" includes any building, premises or structure, and railway line, conveyor or other installation or structure, in or on land, or as may be so determined and designated under section 228 of this Decree.

 

(2)     The reference in this Chapter to an enactment includes, unless the context other wise requires, a reference to the regulations prescribed, if any, or to be prescribed under the enactment.

 

 

Chapter VI

 

Small Scale mining

 

Part I

 

Establishment and Management of Small Scale Mining Guarantee Scheme Fund

 

 

233.    (l)     There is hereby established a fund to be known as the Small Scale Mining Credit Guarantee Scheme Fund (in this Chapter of this Decree referred to as the "Fund") for the purpose of providing guarantees in respect of loans granted for small scale mining purposes by any bank in accordance with the provisions of this Chapter of this Decree.

 

(2)     The guarantees to be provided under subsection (1) of this section are guarantees in relation to the repayment of principal and interest of the loan.

 

234.    (1)     The Fund shall be managed by a body to be as the Small Scale Mining Credit Scheme Board (in this Chap~ of this Decree referred to as "the Board") which shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.

 

(2)     The Board shall comprise -

 

(a)     a Chairman to be appointed by the Minister recommendation of the Minister of Solid Miner~ Development;

 

(b)     two persons to represent the Central Bank of ~

 

(c)     one person to represent the Bankers' Committee;

 

(d)     three persons to be appointed by the Ministry;

 

(e)     the Secretary to the Board.

 

(3)     The quorum for meetings of the Board shall be five of whom at least one shall be a member representing the Central Bank.

 

(4)     The Board shall meet not less than four times in each year and on such other occasions as the Board may consider necessary.

 

(5)     At any meeting of the Board, the Chairman shall preside, but if ho is absent, the members present at the meeting shall appoint one of their number to preside at the meeting.

 

(6)     Subject to section 27 of the interpretation Act (which provides for decision of a statutory body to be taken by a majority of its members and for the person presiding to have a casting vote), the Board may make orders regulating its proceedings and those of any of its committees.

 

(7)     Where the Board desires to obtain the advice of any person on a particular matter, the Board may co-opt him as a member for such period as it thinks fit, but a person who is a member by virtue of this subsection shall not be entitled to vote in any meeting of the Board and shall not count towards a quorum.

 

(8)     There shall be a Secretary to the Board and the secretariat of the Board shall be located in the Central Bank or such place as the Minister may determine.

 

(9)     The administrative expenses of the Board shall be borne by the Federal Government.

 

235.    (1)     Notwithstanding any other provision of this Decree, the Board shall -

 

(a)     monitor the operation and evaluate the progress of the Fund;

 

(b)     advise the Minister as to changes required to improve the operation of the Fund;

 

(c)     receive and consider the report of the management agent appointed under section 236 of this Decree and advise the Minister on it;

 

(d)     determine the remuneration of external auditors and solicitors;

 

(e)     publish names of defaulters of loans granted under this Decree in the national newspapers;

 

(f)     pursue defaulters through judicial action;

 

(g)     solicit the assistance of Government loan machinery in the recovery of loans granted under this Decree; and

 

(h)     perform such other functions relating to the Fund as may be assigned to it by the Minister.

 

(2)     The Minister may give to the Fund or the Board directives of a general character or relating generally to particular matters with regard to the performance by the Board of its functions under this Act and it shall be the duty of the Fund or Board to comply with the directives.

 

236.    (1)     The Minister may appoint for such period as he may deem fit any person (whether corporate or unincorporated) as the managing agent for the administration of the Fund and any person so appointed shall act in accordance with any general or. special directions as may, from time to time, be given to him by the Board.

 

(2)     The Central Batik shall be deemed to have been appointed as the managing agent for the purposes of subsection (1) of this section and the appointment shall have effect for such period as the Minister may direct.

 

(3)     Any person appointed as the managing agent pursuant to this section shall be remunerated from money provided for that purpose by the Federal Government on such terms as the Board may, with the approval of the Minister; from time to time determine

 

Part II

 

Financial Provisions

 

237.     The Fund shall consist of the sum of one hundred million naira which shall be paid as soon as may be after the establishment of the Fund and shall be contributed

 

(a)     as to sixty per cent, by the Federal Government; and

 

(b)     as to forty per cent, by the Central Bank.

 

238.     The maximum liability of the Fund in respect of any guarantee given pursuant to this Chapter of this Decree shall not exceed seventy-five per cent, of the specified loan, being -

 

(a)     in the case of a loan granted to any individual, any sum up to but not exceeding N 100,000; and

 

(b)     in the case of a loan granted to a co-operative society or a corporate body, any sum up to but not exceeding N 100,000,000.

 

(2)    For the purposes of this section, loan means the principal loan and the interest thereon.

 

239.    (l)     Application for a guarantee under this Chapter of this Decree shall be made to the Board by the bank concerned following a request for a loan made to that bank and the application shall be in the form as the Minister may prescribe.

 

(2)     Where for any reason any request for a loan for the purposes of this Chapter of this Decree is rejected by any bank, the bank shall give reasons for the rejection to the person making the request and shall specify what steps should be taken by the person to enable him to comply with the bank's requirements.

 

240.    Every agreement for a loan in respect of which a guarantee is to be given under this Chapter of this Decree shall be in such form and on such terms and conditions as the Minister may approve.

 

241.     The rate of interest payable on a loan granted pursuant to this Chapter of this Decree shall be as may be directed by the Minister.

 

242.    (1)     Security required by a bank for the purpose of any loan under this Chapter of this Decree may be one or more of the following. -

 

(a)     a charge on land in which the borrower holds a legal interest or a right to farm, or a charge on the crops on the land;

 

(b)     a charge on the movable property of the borrower;

 

(c)     a life assurance policy, a promissory note or other negotiable security;

 

(d)     stocks and shares;

 

(e)     a personal guarantee;

 

(f)     any other security acceptable to the bank.

 

(2)     The requirement of security for a loan specified under the provisions of subsection (1) of this section may be waived in the case of a loan of the sum of N5,000 or below granted to a small scale Miner.

 

243    Where a loan or any portion of it, in respect of which a guarantee is to be given under this Chapter of this Decree, is to be applied to the purchase of livestock, machinery or farming equipment, the loan or portion of it, as the case may be, shall not b~ paid to the borrower but shall instead be paid by the bank directly to the supplier who shall furnish the bank with a copy of the delivery note or other document in evidence of the delivery of the, machinery or equipment to the borrower.

 

244.    (1)     Where there 'has been a default in the repayment of the interest or principal of any loan guaranteed under this Chapter of this Decree, the bank concerned shall in the first instance endeavour to recover the amount outstanding from the borrower or his sureties, if any, and may for that purpose dispose of any security obtained in respect of the loan.

 

(2)     Where any part of the interest or principal remains outstanding after the steps specified in subsection (1) of this section have been taken, or where the recovery of any amount outstanding is impracticable, the bank may apply, in the prescribed form, to the Board for payment and the Board shall, in accordance with the terms of the guarantee, settle the claim.

 

245.    (1)     No loan granted pursuant to this Chapter of this Decree shall be applied to any purpose other than that for which the loan was granted.

 

(2)     Any person who applies any loan granted pursuant to this Chapter of this Decree in contravention of subsection (1) of this section commits an offence and is liable on conviction to a fine of an amount not less than the amount of the loan in respect of which the offence was committed or imprisonment for a term of not less than five years.

 

(3)     Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate (or any person purporting to act in any such ) he as well as the body corporate shall be deemed to be guilty of the offence and may be proceeded against and punished accordingly.

 

246.    (1)     The Minister may make rules with respect to any of the following matters -

 

(a)     the form of application for loans and for guarantee of loans under this Chapter of this Decree;

 

(b)     terms, conditions, rates of interest, fees or administrative charges in respect of loans;

 

(c)     form of application for repayment of outstanding loan under any guarantee and other matters connected with the guarantee;

 

(d)     any other matter that may be incidental or supplemental to any of the above matters.

 

(2)     Rules made by the Minister under this section need not be published in the Federal Gazette but where the provisions of any rules are likely to affect the interest of any person the Board shall bring any information contained in the rules to the notice of the person affected in such manner (including publication in the Federal Gazette) as the Board may deem necessary.

 

247.   All legal proceedings of a civil nature arising from the failure of any borrower to repay a loan granted by a bank and guaranteed under this Chapter of this Decree or arising from any matter pertaining to any guarantee given pursuant to this Chapter of this Decree shall be instituted and conducted by or against the Fund.

 

248.   Money in the Fund which may at any time be surplus to the current needs of the Fund may be invested in such security as may, from time to time, be approved by the Minister.

 

249.    (1)     The managing agent shall keep separate account in respect of moneys forming part of the Fund and proper record in relation to those accounts and shall prepare annually a statement of accounts in such form as the Minister may direct.

 

(2)     For the purposes of subsection (1) of this section, the financial year of the Fund shall be from 1st January to 31st December of every year or such other period as may be determined by the Board with the approval of the Minister.

 

(3)     The accounts of the Fund shall be audited annually by such person and on such terms as the Minister may direct.

 

250.    (1)     It shall be the duty of the managing agent to prepare and submit through the Board to the Minister, not later than three months after the end of each financial year, a report which shall be in such form as the Minister may direct.

 

(2)     The report shall include the audited accounts the Fund in respect of the period in question together with the auditor's report on the accounts and shall be presented by the Minister to the Federal Executive Council so soon after receipt thereof as may be convenient.

 

(3)     The copy of the report shall be forwarded to the Minister of Solid Minerals Development for his information and comments.

 

251.     In this Chapter of this Decree, unless the context otherwise requires -

 

"bank" has the same meaning as in the Banking Decree;

 

"Board" means the Small Scale Mining Credit Guarantee Scheme Fund Board established by section 235 of this Decree;

 

"Central Bank" means the Central Bank of Nigeria established by the Central Bank Decree 1991;

 

"Fund" means the Small Scale Mining Credit Guarantee Scheme Fund established by section 232 of this Decree;

 

"loan" includes advances, overdrafts and any credit facility;

 

"Minister" means the Minister charged with responsibility for matters relating to finance in consultation with the Minister of Solid Minerals Development;

 

 

Chapter VII

 

Miscellaneous Provisions

 

 

252.     when any payment is required to be made under this Decree to the owner of any land or other property governed by customary law, the Minister may direct that the payment be made to die individual, the head of the family, the chief or the community, as the case may be, in possession of the land to be disposed of in accordance with customary law so however, that in the case of a community, the Minister may direct that the money be paid into a special fund designated by him for the benefit of members of the community.

 

253.     There shall be stationed at the various ports of entry to and exit from Nigeria for the purposes of assisting officers of the customs services and law enforcement agencies in checking the unlawful import and export of minerals, officers of the Ministry as the Minister may from time to time, designate.

 

254.    (1)     There shall be established a mineral and mining enforcement branch to be known as the "Minesfield Police" (drawn from the Nigeria Police) for the purpose of enforcing compliance with the provisions of this Decree and Regulations made pursuant to it.

 

(2)     The Minister may make regulations on the functions and training of the Minesfield police established pursuant to subsection (1) of this section.

 

255.     Unless provided otherwise, the Arbitration and Conciliation Decree 1988 shall apply to all arbitrations under this Decree.

 

256.     (1)     Where an offence under this Decree has been committed by a body corporate or firm or other association of individuals, a person who at the time the commission of the offence was an officer thereof or was purporting to act in such capacity is severally guilty of that offence and liable to be prosecuted against and punished for the offence in like manner as if he had himself committed the offence, unless he proves that the act or omission constituting the offence took place without his knowledge, consent or connivance.

 

(2)     In this section and the other provisions of this Decree, "officer" -

 

(a)     in relation to a body corporate, includes a director, chief executive, manager and secretary;

 

(b)     in relation to the firm, includes a partner and other officer thereof;

 

(c)     in relation to any other association of individuals, includes a person concerned in the management for the affairs of such association.

 

257.     (1)     The following enactments are hereby repealed

 

(a)     the Minerals Act;

 

(b)     the Diamond Trading Act;

 

 

(c)     the Gold Trading Act,

 

(d)     the Quarries Act;

 

(e)     the Tin (Miscellaneous Provision) Act; and

 

(f)     the Tin Production and Development Revolving Loans Act.

 

(2)     The repeal of the enactments specified in subsection (1) of this section shall not affect anything done or purported to be done under the repealed enactments.

 

258.    (1)     Without prejudice to the power of the Minister to make regulations under any other Chapter of this Decree, the Minister may make regulations to prescribe any matter to be prescribed under this Decree and generally for giving full effect to the provisions of this Decree.

 

(2)     The Minister may, from time to time, by regulations amend or withdraw any of the forms contained in Schedules 1, 3 and 4 to this Decree or substitute any other forms for those forms or prescribe additional forms and any forms so amended, substituted or prescribed shall be deemed to be the forms contained in Schedules 1, 3 and 4 to this Decree.

 

259.     In this Decree, unless the context otherwise requires-

 

"alluvial" includes any form of mineral deposit, other than carbonaceous deposit, which does not fall within the definition of "lode"

 

"area to be closed to prospecting: means an area declared by the Head of State, Commander-in-Chief of the Armed Forces in the Gazette as closed to prospecting;

 

"basalt area" means an area which in the opinion of the Director of Mines should be so designated;

 

"congested area" means any area which the Head of State. Commander-in-Chief of the Armed Forces may, by notice

in the Gazette, declare' to be a congested area or any area declared by Decree or any other enactment to be so congested;

 

"court" means any duly constituted court, other than a customary court or an Area Court;

 

"customary land" means land subject to a customary right of occupancy;

 

"Director of Mines" means Director of Mines appointed under section 100 of this Decree;

 

"holder" in relation. to a prospecting right or exclusive prospecting licence or mining title or water licence means the person on whom the right, licence or a part of the right under the licence, or lease has become vested by assignment or otherwise under this Decree;

 

"Inspector" means an Inspector of Mines appointed by the Federal Civil Service Commission under the provisions 'of this Decree, and includes the Director of Mines, Chief Inspector of Mines and all other cadres of Inspectors or Mines Officers;

 

"lessee" in relation to a mining lease, means any person under this Decree to whom a mining lease has been granted, whether alone or in Partnership with others, and the executors, administrator and lawful assigns of the person;

 

"lode" includes any ~ fissure vein, contact vein, segregated vein, bedded vein, meta1liferous blanket, stock word, such irregular deposits as conform generally to the above classification, any igneous rock containing metalliferous or radio-active mineral when worked for that mineral, and bed of any mineral, including bed of iron-stone;

 

"mine" includes any place, excavation or working on which, in which or by which any operation in connection with mining is carried on;

 

"to mine" means to intentionally win minerals and includes any operation necessary for the purpose;

 

"mineral" excludes mineral oil but includes the following as classed -

 

(a)     metalliferous minerals, including antimony, arsenic, bismuth, cerium, copper, cobalt, columbium, ehromium, cadmium, iron, leading, manganese, mercury, molybdenum, nickel, tantalum, tin, tungsten, zinc and all others of a sirnilar nature to - any of them, and all ores containing them and combinations of any of them with each or with any other substance except those that occur in the form of precious minerals;

 

(b)     combustible carbonaceous mineral, including -

 

(i)     tarsands,

 

(ii) coal,

 

(iii)     lignite, including brown coal and any coal which the Minister may declare to be lignite if advised by the Director of Mines that the estimated average ash content is so high or the estimated average thermal value is so low that the coal may properly be classed as lignite;

 

(c)     non-metallic mineral, including any mineral used for their abrasive or refractory qualities and asbestos, barytes, bauxite, china clay, fuller's earth, graphite, gypsum, limestone, marble, mica, nitrate, phosphate, pipe clay, potash, salt, slate, soda, sulphur, talc and all other substances of a similar nature to any of them including sands;

 

(d)     precious mineral including -

 

(i)     precious stones, namely: amber, amethyst, beryl, cat's eye, chrysolite, diamond, emerald, garnet, opal, ruby, sapphire, turquoise, and all other substances of a similar nature of any of them,

 

(ii)     precious metal, namely: gold, silver and any metal of the platnoid group in the unmanufactured stat~, including ore containing any of those metals, excluding any ore containing any of those metals id combination with other mineral when the metal cannot be worked apart from the mineral and the value of the metal is less than the cost of producing both the metal and the mineral;

 

(e)     radioactive mineral namely: mineral, either raw or treated (including residues and tailings) which contain by weight at least 0.05 per cent of uranium or thorium or any combination of uranium or thorium, including but not limited to

 

(i)     monazite sand and other ores containing thorium, and

 

(ii)     carnotite, pitchblende and any other ore containing uranium;

 

(f)     the valuable part of any ore or other substance when unmanufactured; and

 

(g)     the product of treating or dressing any ore or other substance for marketing or export;

 

"mineral right,, means an interest in mineral deposit or suspected mineral resource;

 

"mineral water" means any water originating from below ground and of such quality that it is approved for sale with or without treatment.

 

"Minister" means the Minister for the time being charged with responsibility for matters relating to mines and minerals, and minerals and "Ministry", shall be construed accordingly;

 

"mining title" means any licence, lease or such other right granted by the Minister under this Decree in pursuance of a mining operation;

 

"open-cast" means any uncovered excavation which has been made from the surface for the purpose of winning mineral;

 

owner" in relation to -

 

(a)     land, means the holder of a right of occupancy whether deemed or expressly granted, and includes a lessee; and

 

(b)     land or other property governed by customary jaw, means the individual, family or community in possession of the land;

 

"pollution" means contamination with any chemical or other substances in such a quantity as to be injurious to animal or vegetable life;

 

"private land" means land subject to a right of occupancy;

 

"prospect" or "prospecting" means to search for minerals and include such working as is reasonably necessary to enable the prospector to test the mineral bearing qualities of the land but excludes the removal of over-burden from ground which can reasonably be sampled by pits not exceeding seven feet square or by boreholes;

 

"protected tree" means a tree which is for the time being declared to be a protected tree under the Forestry Law of a State and includes every tree within a forest reserve;

 

"public purpose" has the meaning assigned to it under the Land Use Act;

 

"public road" means any road constructed by the Government or a community for the use of the public, and includes any road, by whomsoever constructed, declared by Government notice to be a public road;

 

"regulations" means any regulations made under this Decree;

 

"right of occupancy" has the meaning assigned to it under the Land Use Act;

 

"shaft" means any vertical or inclined tunnel, other than a stope or winze, which is or might be used for winding, travelling, draining or ventilating purposes in connection with prospecting or mining operation;

 

"tailing" means all gravel, sand, slime or other substance which is the residue of a bona fide mining operation; "tributer" means a person who is employed to win any mineral by the holder of a mining right, temporary mining right or temporary mining lease, or the lessee of a mining lease, being a person who may choose his own working place and who receives in return remuneration in accordance with the quality and quantity of mineral so won;

 

"water course" means any channel or duct whether natural or artificial, which confines, restricts or directs the flow of water.

 

260.    (l)     The Minister may by writing under his hand to an officer of the Ministry delegate any power conferred on him by or under this Decree except the power to make orders and regulations.

 

(2)     Any delegation made under the provisions of subsection (1) of this section, shall be revocable at will and no delegation shall prevent the exercise of any power by the Minister himself.

 

261.     This Decree may be cited as the Minerals and Mining Decree 1999.

 

 

 

Made at Abuja this 10th day of May 1999

 

General Abdulsalami Alhaji Abubakar

Head of State, Commander-in-Chief of the Armed Forces

Federal Republic of Nigeria