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Kenya Act or statute

Parliament of Kenya

Mining Act

This Act may be cited as the Mining Act. The Act applies to minerals listed in the First Schedule; the Cabinet Secretary may amend that Schedule by notice in the Gazette. The Act does not apply to…

Jurisdiction
Kenya
Structure
144 provisions
Citation
Cap. 306
Dates
As at 20 Jun 2025
More statute details
Dates
As at 20 Jun 2025

Source attribution: Source: Kenya Law

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01

Purpose and legislative effect

“This Act may be cited as the Mining Act.”

This Act may be cited as the Mining Act. The Act applies to minerals listed in the First Schedule; the Cabinet Secretary may amend that Schedule by notice in the Gazette. The Act does not apply to matters relating to petroleum and hydrocarbon gases, except as otherwise provided in the Act. Defines the phrase "an application for the grant, renewal, transfer, assignment or surrender of a mineral right". The Cabinet Secretary, the Principal Secretary and anyone administering the Act must be guided by specified constitutional values and Chapter Six leadership and integrity principles.

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MINERAL AGREEMENTS - 121. Consistency with legislation

Terms or conditions in a mineral agreement that conflict with this Act or the Constitution are void to the extent of the inconsistency; and no term in a mineral agreement can exempt a party from complying with this Act or any other written law.

Section 121

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Source record from new.kenyalaw.org · As at 20 Jun 2025

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Showing 144 of 144 provisions

Provision 114Offence 23Commencement 4Short title

Part I

PRELIMINARY PROVISIONS

§ 1PRELIMINARY PROVISIONS - 1. Short titleShort title

This Act may be cited as the Mining Act.

Section 1. Short title Section This Act may be cited as the Mining Act.
Section 1Verify source
§ 2PRELIMINARY PROVISIONS - 2. Scope of the ActAmendment

The Act applies to minerals listed in the First Schedule; the Cabinet Secretary may amend that Schedule by notice in the Gazette.

Section 2. Scope of the Act Section 2(1) This Act shall apply to the minerals specified in the First Schedule. Section 2(2) The Cabinet Secretary may from time to time, by notice in the Gazette , amend the First Schedule to this Act.
Section 2Verify source
§ 3PRELIMINARY PROVISIONS - 3. Act not to apply to petroleum and hydrocarbon gasesProvision

The Act does not apply to matters relating to petroleum and hydrocarbon gases, except as otherwise provided in the Act.

Section 3. Act not to apply to petroleum and hydrocarbon gases Section Save to the extent provided for in this Act, this Act shall not apply to matters relating to petroleum and hydrocarbon gases.
Section 3Verify source
§ 4PRELIMINARY PROVISIONS - 4. InterpretationInterpretation

Defines the phrase "an application for the grant, renewal, transfer, assignment or surrender of a mineral right".

Section 4. Interpretation Section an application for the grant, renewal, transfer, assignment or surrender of a mineral right; or
Section 4Verify source
§ 5PRELIMINARY PROVISIONS - 5. Guiding principlesProvision

The Cabinet Secretary, the Principal Secretary and anyone administering the Act must be guided by specified constitutional values and Chapter Six leadership and integrity principles.

Section 5. Guiding principles Section The Cabinet Secretary, the Principal Secretary and any person administering this Act shall be guided by the values and principles enshrined in the Constitution and in particular Articles 10, 66(2), 201(c) and (d), and 232 of the Constitution and the principles of leadership and integrity set out under Chapter Six of the Constitution.
Section 5Verify source

Part II

OWNERSHIP OF MINERALS

§ 6OWNERSHIP OF MINERALS - 6. Ownership of mineralsProvision

The national government must exercise control over minerals vested in it in accordance with this Act; minerals in various locations (land, water, EEZ/territorial sea/continental shelf) are identified and land is divided into geometric sections and blocks.

Section 6. Ownership of minerals Section 6(1)(a) in its natural state in, under or upon land in Kenya; Section 6(1)(b) in or under a lake, river, stream, or water courses in Kenya; Section 6(1)(c) in the exclusive economic zone and an area covered by the territorial sea or continental shelf, Section 6(2) Subsection (1) applies despite any right or ownership of or by any person in relation to any land in, on or under which any minerals are found. Section 6(3) The national government's control over minerals vested in it shall be exercised in accordance with the provisions of this Act. Section 6(4)(a) by the meridian of Greenwich and by meridians that are at a distance from that meridian of 15 or a multiple of 15 seconds of longitude; Section 6(4)(b) by the equator and by parallels of latitude that are at a distance from the equator of 15 or a multiple of 15 seconds of latitude, into sections ("geometric sections") each of which is bounded; Section 6(4)(c) by portions of those 2 meridians that are at a distance from each other of 15 seconds of longitude; and Section 6(4)(d) by portions of 2 of those parallels of latitude that are at a distance from each other of 15 seconds of latitude. Section 6(5)(a) a geometric section that is wholly within Kenya constitutes a block; and Section 6(5)(b) where only part of a geometric section is within Kenya, that part constitutes a block. Section 6(6) Despite the provisions of subsection (5), fractions of blocks as may be prescribed shall be acceptable in the case of permits granted for small-scale and artisanal mining operations.
Section 6Verify source
§ 7OWNERSHIP OF MINERALS - 7. Saving for customProvision

Any person may take certain customary materials (soil, clay, iron, salt or soda) from land where it has been customary to do so, subject to conditions prescribed by the Cabinet Secretary and excepting land within a mineral right.

Section 7. Saving for custom Section 7(1) Nothing in this Act shall prevent any person from taking, subject to such conditions as may be prescribed from time to time by the Cabinet Secretary, soil, clay iron, salt or soda from any land, except land within the area of a mineral right, from which it has been the custom of the member of the community to which that person belongs to take the same. Section 7(2) The Cabinet Secretary may, by notice in the Gazette , and with the advice of the Mineral Rights Board, prescribe materials of customary usage.
Section 7Verify source
§ 8OWNERSHIP OF MINERALS - 8. Right of pre-emptionProvision

The State has a right of pre-emption over all strategic minerals obtained in Kenya before sale; the Cabinet Secretary may make regulations for exploration, mining, processing and export of strategic minerals and deposits.

Section 8. Right of pre-emption Section 8(1) The State has a right of pre-emption of all strategic minerals raised, won or obtained within the territory of Kenya before they are sold. Section 8(2) The Cabinet Secretary may make Regulations to provide for the exploration, mining, processing and export of strategic minerals and strategic mineral deposits.
Section 8Verify source
§ 9OWNERSHIP OF MINERALS - 9. Discovery of mineralsProvision

A person who discovers minerals that appear to have no mineral-right holder must report the discovery to the Cabinet Secretary; the Cabinet Secretary must immediately acknowledge receipt; a reporter is granted the first right of refusal to apply for a mineral right over the discovery (subject to subsection (1)).

Section 9. Discovery of minerals Section 9(1) A person who discovers any minerals, for which there is no apparent holder of a mineral right or on any area of land which is not held by that person under a mineral right that confers rights on the holder to conduct prospecting or mining operations for minerals, shall report the discovery to the Cabinet Secretary. Section 9(2) The Cabinet Secretary shall, immediately upon receipt of a report under subsection (1) issue to the person an acknowledgement in writing of the receipt of the report. Section 9(3) Subject to subsection (1), a person who reports the discovery of any mineral shall be granted the first right of refusal to apply for a mineral right over the area of discovery.
Section 9Verify source

Part III

GENERAL PRINCIPLES

§ 10GENERAL PRINCIPLES - 10. Restrictions on the acquisition of mineral rightsProvision

A person must not search for, prospect, or mine minerals, mineral deposits or tailings in Kenya unless they have been granted a permit or licence under this Act.

Section 10. Restrictions on the acquisition of mineral rights Section A person shall not search for, prospect or mine any mineral, mineral deposit or tailings in Kenya unless that person has been granted a permit or licence in accordance this Act.
Section 10Verify source
§ 11GENERAL PRINCIPLES - 11. Acquisition of rights in mineralsCommencement

Directors of a company must demonstrate required technical capacity, expertise, experience and financial capacity, subject to subsection (2); artisanal and small-scale Kenyan-owned operations are exempt from the technical/financial requirement and artisanal miners are exempt from subsections (1)(d) and (3).

Section 11. Acquisition of rights in minerals Section 11(1)(a) is of sound mind; Section 11(1)(b) has attained the age of eighteen years; Section 11(1)(c) is an undischarged bankrupt; Section 11(1)(d) has the required technical capacity, expertise, experience and financial resources, however this shall not be a requirement for artisanal and small scale mining operations wholly owned by Kenyans; and Section 11(1)(e) is not otherwise disqualified under any written law. Section 11(2)(a) is registered and established in Kenya; Section 11(2)(b) has not commenced voluntary winding up pursuant to the Companies Act (Cap. 486); Section 11(2)(c) is not subject to winding up by a court pursuant to the Companies Act (Cap. 486); or Section 11(2)(d) is not in liquidation. Section 11(3) Subject to subsection (2), the directors of the company shall be required to demonstrate the required technical capacity, expertise, experience and financial capacity. Section 11(4) The provisions of subsections (1)(d) and (3) shall not apply to artisanal miners. Section 11(5)(a) operating in the registered office subject to the provisions of the Companies Act (Cap. 486); and Section 11(5)(b) in operation within Kenya.
Section 11Verify source

Part IV

ADMINISTRATION

§ 12ADMINISTRATION - 12. General powers of the Cabinet SecretaryProvision

The Cabinet Secretary must administer this Act and must respect and uphold specified constitutional principles and values.

Section 12. General powers of the Cabinet Secretary Section 12(1) The Cabinet Secretary shall be responsible for the general administration of this Act. Section 12(2) In the administration of this Act, the Cabinet Secretary shall respect and uphold the principles and values enshrined in Article 201(c) and (d); and Article 69(1)(a) and (h) of the Constitution. Section 12(3)(a) consideration of the applications made under this Act; and Section 12(3)(b) negotiation, grant, revocation, suspension or renewal of mineral rights.
Section 12Verify source
§ 13ADMINISTRATION - 13. Cabinet Secretary may declare areas reserved for small-scale operationsProvision

The Cabinet Secretary must (on recommendation of the Mineral Rights Board and by notice in the Gazette) designate areas of land to be reserved exclusively for small-scale mining operations; designation must respect existing mineral rights and may require written consent; owners or lawful occupiers retain the right to undertake non-mining operations in such areas.

Section 13. Cabinet Secretary may declare areas reserved for small-scale operations Section 13(1) The Cabinet Secretary shall upon recommendation of the Mineral Rights Board, by notice in the Gazette , designate any area of land to be an area reserved exclusively for small scale mining operations. Section 13(2)(a) designating the area would not be incompatible with the continued enjoyment of an existing mineral right; or Section 13(2)(b) written consent has been given by an authority, agency, the Cabinet Secretary or other person required to do so under this Act. Section 13(3) This section does not affect the right of an owner or a lawful occupier of the area covered by the mining permit to undertake non-mining operations or activities in any area to which it applies.
Section 13Verify source
§ 14ADMINISTRATION - 14. Cabinet Secretary may declare areas reserved for tenderingProvision

The Cabinet Secretary may declare areas reserved for tendering and shall designate areas of land as reserved for tender-based large scale operations, subject to conditions.

Section 14. Cabinet Secretary may declare areas reserved for tendering Section 14(1) The Cabinet Secretary shall, in a manner as may be prescribed in Regulations, designate any area of land to be an area reserved for applications by tender for large scale operations. Section 14(2)(a) designating the area would not be incompatible with the continued enjoyment of an existing mineral right; and Section 14(2)(b) written consent has been given by an authority, agency, the Cabinet Secretary or any other person required to do so under this Act.
Section 14Verify source
§ 15ADMINISTRATION - 15. Cabinet Secretary may restrict or exclude areas from operationsProvision

Cabinet Secretary may restrict or exclude areas from operations.

Section 15. Cabinet Secretary may restrict or exclude areas from operations Section designating the area would not be incompatible with the continued enjoyment of an existing mineral right; or
Section 15Verify source
§ 16ADMINISTRATION - 16. Strategic MineralsProvision

The Cabinet Secretary must advise the Cabinet and seek its approval to declare certain minerals strategic; all radioactive minerals are strategic; the Cabinet Secretary may, with advice from the Mineral Rights Board, set rules for handling strategic minerals.

Section 16. Strategic Minerals Section 16(1) The Cabinet Secretary shall advise and seek the approval of the Cabinet to declare certain minerals or mineral deposits to be strategic minerals or strategic mineral deposits. Section 16(2) All radioactive minerals are strategic minerals. Section 16(3) The Cabinet Secretary may, with the advice of the Mineral Rights Board, prescribe the manner for dealing with the discovery, exploration, mining, processing and export of strategic minerals and strategic mineral deposits.
Section 16Verify source
§ 16AADMINISTRATION - 16A. Powers of the Director for anti-money laundering and countering the financing of terrorism purposesProvision

The Director of Mines must regulate, supervise and enforce AML/CFT/CPF compliance for reporting institutions and has specific powers (vetting, inspections, surveillance, sanctions, issuing guidance, information sharing and other necessary actions).

Section 16A. Powers of the Director for anti-money laundering and countering the financing of terrorism purposes Section 16A(1) Pursuant to sections 2A , 36A , 36B and 36C of the Proceeds of Crime and Anti-Money Laundering Act ( Cap.59A , the Director of Mines shall regulate, supervise and enforce compliance for anti-money laundering, combating the financing of terrorism and countering proliferation financing purposes by all reporting institutions regulated and supervised by the Director of Mines and to whom the provisions of the Proceeds of Crime and Anti-Money Laundering Act ( Cap. 59A ) apply. Section 16A(2)(a) vet proposed mineral rights holders and mineral dealers of a reporting institution; Section 16A(2)(b) conduct onsite inspection; Section 16A(2)(c) conduct offsite surveillance; Section 16A(2)(d) undertake consolidated supervision of mineral rights holders and mineral dealers; Section 16A(2)(e) compel the production of any document or information the Director may require for the purpose of discharging its supervisory mandate under the Proceeds of Crime and Anti-Money Laundering Act ; Section 16A(2)(f) impose monetary, civil or administrative sanctions for violations related to anti-money laundering, combating the financing of terrorism or countering proliferation financing purposes; Section 16A(2)(g) issue guidelines, directions, rules or instructions for anti-money laundering, combating the financing of terrorism and countering proliferation financing purposes; Section 16A(2)(h) co-operate and share information for anti-money laundering, combating the financing of terrorism and countering proliferation financing purposes; and Section 16A(2)(i) take such action as is necessary to supervise and enforce compliance by reporting institutions in line with the provisions of the Proceeds of Crime and Anti-Money Laundering Act ( Cap. 59A ) and any regulations, guidelines, rules, instruction or direction made or issued thereunder. Section 16A(3) For purposes of this section, “reporting institution” has the meaning assigned to it under section 2 of the Proceeds of Crime and Anti-Money Laundering Act ( Cap. 59A ). [ Act No. 6 of 2025 , sch.]
Section 16AVerify source
§ 16BADMINISTRATION - 16B Penalties for violations relating to money laundering and terrorism financingOffence

Mineral rights holders, mineral dealers and their agents must not violate or fail to comply with AML/CFT and counter-proliferation regulations, with specified monetary penalties for legal and natural persons and daily additional penalties for continuing breaches.

Section 16B Penalties for violations relating to money laundering and terrorism financing Section 16B(1) No mineral rights holders or mineral dealers or their agents shall violate or fail to comply with the regulations, guidelines, directions, rules or instructions issued for anti-money laundering, combating the financing of terrorism and countering proliferation financing purposes. Section 16B(2)(a) in case of a legal person, to a penalty not exceeding five million shillings; Section 16B(2)(b) in the case of a natural person, to a penalty not exceeding one million shillings; and Section 16B(2)(c) to additional penalties not exceeding one hundred thousand shillings in each case for each day or part thereof during which such violation or non-compliance continues. [ Act No. 6 of 2025 , sch.]
Section 16BVerify source
§ 17ADMINISTRATION - 17. Access to serviceProvision

Section 17 creates directorates (Mines and Geological Survey), requires each directorate to be headed by a director, requires the Cabinet Secretary to ensure reasonable access to directorate services across the Republic where appropriate, and allows the Cabinet Secretary to establish additional directorates as necessary.

Section 17. Access to service Section 17(1)(a) the Directorate of Mines; and Section 17(1)(b) the Directorate of Geological Survey. Section 17(2) Each directorate shall be headed by a director. Section 17(3) The Cabinet Secretary shall ensure reasonable access to the services of the directorates established under subsection (1) in all parts of the Republic, so far as it is appropriate to do so having regard to the nature of the services offered. Section 17(4) The Cabinet Secretary may establish such other directorates as may be necessary.
Section 17Verify source
§ 18ADMINISTRATION - 18. Appointment of DirectorsProvision

The Public Service Commission must competitively recruit and appoint directors and must consider relevant qualifications and functions; directors must meet listed qualifications and hold office for a three-year term renewable once.

Section 18. Appointment of Directors Section 18(1) A director shall be competitively recruited and appointed by the Public Service Commission. Section 18(2) In appointing a director, the Public Service Commission shall take into consideration the relevant qualification and nature of functions the director is required to undertake. Section 18(3)(a) is a citizen of Kenya; Section 18(3)(b) holds a degree in mining or geology, as the case may be, from a university recognized in Kenya; Section 18(3)(c) has had at least ten years proven experience at management level; and Section 18(3)(d) meets the requirements of Chapter Six of the Constitution. Section 18(4) Director shall hold office for a term of three years, which may be renewed once.
Section 18Verify source
§ 19ADMINISTRATION - 19. Removal of a director from officeProvision

Section 19 lists grounds and procedural requirements for removal of a director, including incapacity, gross misconduct, incompetence or neglect of duty, violation of the Constitution or any other written law, other contractual grounds, and the requirement of notice and an opportunity to respond.

Section 19. Removal of a director from office Section 19(1)(a) inability to perform the functions of the office due to physical or mental incapacity; Section 19(1)(b) gross misconduct; Section 19(1)(c) incompetence or neglect of duty; Section 19(1)(d) violation of the Constitution or any other written law; or Section 19(1)(e) any other ground that would justify removal from office under the terms and conditions of service. Section 19(2)(a) sufficient notice of the intended removal from office; and Section 19(2)(b) an opportunity to respond to the grounds for his or her intended removal from office.
Section 19Verify source
§ 20ADMINISTRATION - 20. Functions of the Director of MinesProvision

Lists the functions and powers of the Director of Mines, including running the Directorate, promoting development and compliance, supervising mining operations, conducting inspections, issuing written directions or suspensions, and entitlement to compensation for damage caused by exercise of powers.

Section 20. Functions of the Director of Mines Section 20(1)(a) the day to day operation of the Directorate of Mines; Section 20(1)(b) promoting the effective and efficient management and the development of mineral resources, and the mining sector; Section 20(1)(c) exercising regulatory administration and supervision over all prospecting, mining, processing, refining and treatment operations, transport and any dealings in minerals, including import and export of minerals; Section 20(1)(d) ensuring compliance with conditions relating to mineral rights; Section 20(1)(e) ensuring compliance with the requirements of this Act; Section 20(1)(f) making any lawful orders as are necessary for the performance of the functions and duties under this Act; Section 20(1)(g) reviewing, assessing and approving prospecting and mining programmes; Section 20(1)(h) preparing the necessary reports required under this Act; Section 20(1)(i) facilitating access to information by the public, subject to any confidentiality restrictions; Section 20(1)(j) carrying out investigations and inspections necessary to ensure compliance with the provisions of this Act; Section 20(1)(k) providing advice and support to holders of mineral rights on proper and safe mining methods; Section 20(1)(l) exercising regulatory administration and supervision over the use of commercial explosives in accordance with the Explosives Act (Cap. 115); Section 20(1)(m) providing advice during the negotiation of mineral agreements; Section 20(1)(n) promoting co-operation among state agencies, county governments, the private sector, research bodies, non-governmental organizations and other organizations which are engaged in programmes related to mining and activities to enhance the administration and operation of this Act; Section 20(1)(o) advising on the development of policy to ensure compliance with international conventions and national policies relating to the sustainable development of the mineral resources and ensure that mining operations take into account local and community values; and Section 20(1)(p) performing such other functions as may be assigned by the Cabinet Secretary, this Act or any other written law. Section 20(2)(a) inspecting such area, premises or workings and examining prospecting or mining operations or the processing, refining and treatment of minerals being carried out thereat; Section 20(2)(b) ascertaining whether the provisions of this Act are being complied with; Section 20(2)(c) taking soil samples or specimen of rocks, ore, concentrates, tailings or minerals situated upon such area, premises or workings for the purpose of examination or assay; Section 20(2)(d) examining books, accounts, vouchers, logs, journals, documents or records of any kind required to be kept under this Act, the terms and conditions of any mineral right, permit, licence or mineral agreement and taking copies of such books, accounts, vouchers, documents or records; or Section 20(2)(e) obtaining such other information as deemed necessary. Section 20(3)(a) issue directions in writing; or Section 20(3)(b) impose restrictions, including temporarily suspending any prospecting or mining operation on the holder or any person so employed. Section 20(4) In exercising the powers under subsections (2) and (3), the Director or a duly authorised officer shall ensure that as little damage or inconvenience as possible is caused to the legitimate owner or lawful occupier of the land in respect of which the powers are exercised. Section 20(5) A person whose land or property is damaged as a result of the exercise of the powers of the Director of Mines under subsection (1) is entitled to fair, prompt and full compensation for such damage in accordance with this Act.
Section 20Verify source
§ 21ADMINISTRATION - 21. Functions of the Director of GeologyProvision

Section 21 lists the functions, powers and duties of the Director of Geology, including operating the Directorate, providing geoscience expertise and data, undertaking surveys and mapping, conducting analyses and valuations, maintaining repositories and facilities, supporting regulatory functions, exercising entry and sampling powers on land, minimizing damage when exercising powers, and entitlement to compensation for damaged property.

Section 21. Functions of the Director of Geology Section 21(1)(a) the day to day operation of the Directorate of Geological Survey; Section 21(1)(b) providing geoscience expertise and data to the government on all matters related to geology and the development of minerals; Section 21(1)(c) undertaking geological, geophysical, geochemical, seismological and hydro-geological surveys, investigations and mapping aimed at defining the character and distribution of rocks and superficial deposits and determining the mineral potential of Kenya; Section 21(1)(d) conducting geo-environmental studies; Section 21(1)(e) monitoring of seismic activities and mapping of areas of potential geohazards; Section 21(1)(f) conducting geological analysis and valuations; Section 21(1)(g) developing a national repository of geo-science information through the compilation, publication and dissemination of information and data concerning the geology and mineral resources of Kenya and facilitate access to this information by the general public; Section 21(1)(h) promoting private sector interest and investment in mineral exploration by providing geological information and services to prospective investors; Section 21(1)(i) maintaining a laboratory, library and record facilities as may be necessary for the discharge of the functions; Section 21(1)(j) providing geoscience expertise in evaluations of prospecting and mining applications; Section 21(1)(k) providing support to the Director of Mines in relation to exercising regulatory administration and supervision over all prospecting and mining operations; Section 21(1)(l) undertaking audits of mineral right holders' geological sampling and assaying processes; and Section 21(1)(m) performing any other function as may be assigned by the Cabinet Secretary, this Act or any other written law. Section 21(2)(a) enter any licence or permit area; Section 21(2)(b) upon informing the lawful owner or legal occupant, enter into or upon any land for the purpose of carrying out surveys; Section 21(2)(c) take soil samples or specimens of rocks, concentrate, tailings or minerals from any licence or permit area for the purpose of examination or assay; Section 21(2)(d) break up the surface of the land for the purpose of ascertaining the rocks or minerals within or under it; and Section 21(2)(e) dig up any land and fix any post, stone, mark or object to be sued in the survey of such land. Section 21(3) In exercising the powers under subsection (2), the Director or a duly authorized officer shall ensure that as little damage or inconvenience as possible is caused to the legitimate owner or lawful occupier of the land in respect of which the powers are exercised. Section 21(4) A person whose land or property is damaged as a result of the exercise of the powers of the Director of Geology under subsection (1) shall be entitled to fair, prompt and full compensation for such damage in accordance with this Act.
Section 21Verify source

Part IX

SURFACE RIGHTS, COMPENSATION AND DISPUTES

§ 151SURFACE RIGHTS, COMPENSATION AND DISPUTES - 151. Evidence of mineral right to be producedProvision

A holder of a mineral right, or their agent or employee, must produce evidence of the mineral right when exercising rights over land belonging to someone else if the lawful owner or occupier requires it.

Section 151. Evidence of mineral right to be produced Section The holder of a mineral right or an agent or employee of the holder shall, when exercising a right under the mineral right over land owned or occupied by some other person, produce evidence of the mineral right if required to do so by any lawful owner or occupier of the land.
Section 151Verify source
§ 152SURFACE RIGHTS, COMPENSATION AND DISPUTES - 152. Right to graze livestock and cultivate landProvision

Affirms a right to graze livestock and cultivate land, conditional on not unduly interfering with prospecting or mining operations.

Section 152. Right to graze livestock and cultivate land Section does not unduly interfere with the relevant prospecting or mining operations; and
Section 152Verify source
§ 153SURFACE RIGHTS, COMPENSATION AND DISPUTES - 153. Principles of compensationCommencement

Mineral right holders must deposit a compensation guarantee bond; they must not start mining unless landowners or lawful occupiers are compensated. The Cabinet Secretary may make regulations about compensation guarantee bonds and must ensure resettlement where communities prefer it; the cost of resettlement is borne by the mineral right holder. Parties to compensation disputes must try to resolve them by negotiation, and where negotiations fail either party may refer the dispute to the Cabinet Secretary.

Section 153. Principles of compensation Section 153(1)(a) disturbs or deprives the owner or any lawful occupier or user of the land or part of the land; Section 153(1)(b) causes loss of or damage to buildings and other immovable property; Section 153(1)(c) causes damage to the Water table or deprives the owner of water supply; Section 153(1)(d) in the case of land under cultivation or grazing of domesticated animals, causes any loss of earnings or sustenance suffered by the owner or lawful occupier of the land; Section 153(1)(e) a demand or claim for compensation may be made to the holder of the mineral right to pay prompt, adequate and fair compensation to the lawful owner, occupier or user of the land in accordance with the provisions of this Act. Section 153(2) A mineral right holder shall deposit a compensation guarantee bond with the relevant Ministry. Section 153(3) The Cabinet Secretary may make Regulations relating to compensation guarantee bonds. Section 153(4)(a) in consideration for permitting entry to the land connected with the enjoyment of rights conferred under a mineral right; Section 153(4)(b) in respect of the value of any mineral in, on or under the land that is the subject of a mineral right; or Section 153(4)(c) for any loss or damage for which compensation cannot be assessed according to legal principles. Section 153(5) Where a demand or claim for compensation is disputed, the parties to the dispute shall seek to resolve the dispute amicably by agreement reached through negotiations in good faith. Section 153(6) Where a dispute cannot be resolved through negotiations within a reasonable period of time, either party to the dispute may refer the matter to the Cabinet Secretary for a determination in accordance with section 129 of this Act. Section 153(7) A holder of a mineral right shall not commence mining of minerals unless the lawful occupier, owner or user of land is compensated. Section 153(8) The Cabinet Secretary in consultation with the community and the National Land Commission shall in such manner as may be prescribed, ensure that the inhabitants or communities who prefer to be compensated by way of resettlement as a result of being displaced by a proposed mineral operation are settled on suitable alternate land, with due regard to their economic wellbeing, social and cultural values and the resettlement is carried out in accordance with the relevant physical planning law. Section 153(9) The cost of resettlement under subsection (8) shall be borne by the holder of the mineral right.
Section 153Verify source
§ 154SURFACE RIGHTS, COMPENSATION AND DISPUTES - 154. General provisions on dispute resolutionProvision

Section heading addressing general provisions on dispute resolution and referring to action by the Cabinet Secretary 'in the manner prescribed in this Act'.

Section 154. General provisions on dispute resolution Section by the Cabinet Secretary in the manner prescribed in this Act;
Section 154Verify source
§ 155SURFACE RIGHTS, COMPENSATION AND DISPUTES - 155. Determination of disputes by Cabinet SecretaryProvision

Cabinet Secretary has power to determine disputes about the boundaries of areas held under prospecting or mining rights.

Section 155. Determination of disputes by Cabinet Secretary Section a dispute of the boundaries of an area held under a prospecting or mining right;
Section 155Verify source
§ 156SURFACE RIGHTS, COMPENSATION AND DISPUTES - 156. Procedure for determination of disputes by the Cabinet SecretaryProvision

Sets procedure for dispute determination by the Cabinet Secretary: lodging memoranda, notification, hearing, right to representation and evidence, written determination, orders (including compensation), enforceability, record-keeping, access to records on payment of prescribed fee, and rules prescribed in the Gazette.

Section 156. Procedure for determination of disputes by the Cabinet Secretary Section 156(1)(a) the party referring the dispute to the Cabinet Secretary shall lodge a memorandum with the Cabinet Secretary together with a statement of claim in the prescribed form; Section 156(1)(b) on receipt of the memorandum, the Cabinet Secretary shall notify the party against whom the complaint has been made of the referral of the dispute and shall advise the other party of the nature of the complaint and invite that party to lodge a memorandum in response to the complaint; Section 156(1)(c) upon receiving the written response from the party against whom a complaint has been lodged for determination, the Cabinet Secretary shall notify the parties of the time and place at which the matter will be heard and determined; Section 156(1)(d) the parties shall be invited to state their respective cases before the Cabinet Secretary and shall be entitled to adduce evidence on oath or affirmation in support of their cases; and Section 156(1)(e) after hearing the statements and receiving the evidence the Cabinet Secretary shall make a written determination of the dispute. Section 156(2) Any person who is a party to a dispute referred to the Cabinet Secretary for determination under this section may appear in person or be represented by an advocate. Section 156(3) In making a determination of a dispute, the Cabinet Secretary shall, having regard to the subject matter of the dispute, apply relevant rules and principles concerning the matter in dispute. Section 156(4) Subject to section 155 , the Cabinet Secretary may make such orders as he may consider necessary to give effect to a determination, including ordering the payment of compensation by one party to the dispute to the other. Section 156(5) An order made by the Cabinet Secretary under this section shall be enforceable by a Court as if the same were an order of that Court. Section 156(6) The Cabinet secretary shall keep a record of all matters heard and determined by him, and shall keep a written record of the evidence given before him. Section 156(7) Any person who is interested in any dispute, decision or order shall be entitled to obtain a copy of such record and notes upon payment of the prescribed fee. Section 156(8) The Cabinet Secretary may send a copy, certified under his hand and seal, of any decree or order made by him to any civil court within the local limits of whose jurisdiction the subject-matter of the decree is situated, and such civil court shall enforce the decree of the Cabinet Secretary in the same manner in which it would enforce its own decree or order. Section 156(9) The Cabinet Secretary shall by notice in the Gazette prescribe rules of procedure to be applied in respect to determination of disputes under this Act.
Section 156Verify source
§ 157SURFACE RIGHTS, COMPENSATION AND DISPUTES - 157. AppealsProvision

Any person aggrieved by a decree, order or decision made under the Cabinet Secretary's powers may appeal to the High Court within thirty days.

Section 157. Appeals Section Any person aggrieved by any decree, order or decision made or given under the powers vested in the Cabinet Secretary may appeal within thirty days to the High Court.
Section 157Verify source

Part V

MINING INSTITUTIONS AND BODIES

§ 22MINING INSTITUTIONS AND BODIES - 22. Establishment of National Mining CorporationProvision

Section 22 establishes the National Mining Corporation as the national government's investment arm for minerals.

Section 22. Establishment of National Mining Corporation Section 22(1) There is established the National Mining Corporation, which shall be the investment arm of the national government in respect of minerals. Section 22(2)(a) suing and being sued; Section 22(2)(b) taking, purchasing and disposing of movable and immovable property; Section 22(2)(c) borrowing money with the approval of the National Treasury in accordance with the relevant law; Section 22(2)(d) entering into contracts; and Section 22(2)(e) doing such other things as may be necessary for the proper discharge of its functions under this Act, which may be lawfully done or performed by a body corporate. Section 22(3) The initial capital for the Corporation shall be monies appropriated by Parliament for that purpose.
Section 22Verify source
§ 23MINING INSTITUTIONS AND BODIES - 23. Headquarters of the CorporationProvision

The Corporation must have its headquarters in Nairobi.

Section 23. Headquarters of the Corporation Section The headquarters of the Corporation shall be in Nairobi.
Section 23Verify source
§ 24MINING INSTITUTIONS AND BODIES - 24. Functions of the CorporationProvision

The Corporation must engage in mineral prospecting and mining and any other related activities.

Section 24. Functions of the Corporation Section engage in mineral prospecting and mining; and any other related activities;
Section 24Verify source
§ 25MINING INSTITUTIONS AND BODIES - 25. Board of the corporationOffence

Section 25 sets out the board composition (chair appointed by the President; Principal Secretaries or representatives; three other non‑employees), requires the Cabinet Secretary to make regulations on appointment criteria, fixes members' term length and renewal, lists circumstances (resignation, absence, conviction, bankruptcy, incapacity) affecting membership, and deems representative members attending meetings to be members of the Board.

Section 25. Board of the corporation Section 25(1)(a) a chairman, appointed by the President; Section 25(1)(b) the Principal Secretary responsible for mining or a representative; Section 25(1)(c) the Principal Secretary responsible for the National Treasury or a representative; Section 25(1)(d) the Principal Secretary responsible for trade or a representative; and Section 25(1)(e) three other persons, not being employees of the corporation. Section 25(2) The Cabinet Secretary shall make Regulations to prescribe the criteria for the appointment of the members under paragraphs (a) and (e). Section 25(3) An appointment under subsection (1)(a) and (e) shall be by name and by notice in the Gazette . Section 25(4) The term of office for members under subsection (1)(a) and (e) shall be for a period of three years and may be renewed for one further final term. Section 25(5)(a) resigns, by giving written notice to the Cabinet Secretary; Section 25(5)(b) is absent from three consecutive meetings of the Board without the permission of the chairperson; Section 25(5)(c) is convicted of an offence and sentenced to imprisonment for a term not exceeding six months; Section 25(5)(d) is adjudged bankrupt; Section 25(5)(e) is incapacitated from performing his duties as a member of the Board, by prolonged physical or mental illness. Section 25(6) A representative member referred to under subsection (1) (b) (c) and (d) shall, when attending a meeting, be deemed for all purposes to be a member of the Board.
Section 25Verify source
§ 26MINING INSTITUTIONS AND BODIES - 26. Chief Executive Officer of the CorporationOffence

The Corporation must competitively recruit the chief executive officer of the Corporation.

Section 26. Chief Executive Officer of the Corporation Section 26(1) There shall be a chief executive officer of the Corporation who shall be competitively recruited by the Corporation. Section 26(2)(a) the accounting officer for the Corporation; Section 26(2)(b) the secretary to the Board; and Section 26(2)(c) responsible for the day to day administration and management of the affairs of the Corporation. Section 26(3)(a) holds a relevant degree from a university recognised in Kenya; Section 26(3)(b) has at least seven years management experience in a public or private institution; Section 26(3)(c) meets the requirements of Chapter Six of the Constitution; or Section 26(3)(d) has not been convicted of an offence and is not serving a term of imprisonment. Section 26(4) The chief executive officer shall be appointed for a term of three years, which may be renewed for one further term. Section 26(5) The chief executive officer may be removed from office in accordance with the terms and conditions set out in the contract and for violation of any written law or violation of the terms and conditions of the contract.
Section 26Verify source
§ 27MINING INSTITUTIONS AND BODIES - 27. National Mining Corporation RegulationsProvision

The Cabinet Secretary must make regulations to operationalize the Corporation.

Section 27. National Mining Corporation Regulations Section The Cabinet Secretary shall make Regulations generally for purpose of the operationalization of the Corporation.
Section 27Verify source
§ 28MINING INSTITUTIONS AND BODIES - 28. Establishment of Minerals and Metal Commodity ExchangeProvision

The Cabinet Secretary must facilitate establishment of a Mineral and Metals Commodity Exchange and may make Regulations prescribing criteria and functions; the Exchange's purpose is to facilitate efficiency and security in mineral trade transactions.

Section 28. Establishment of Minerals and Metal Commodity Exchange Section 28(1) The Cabinet Secretary shall facilitate the establishment of a Mineral and Metals Commodity Exchange. Section 28(2) The purpose of the Mineral and Metals Commodity Exchange shall be to facilitate efficiency and security in mineral trade transactions. Section 28(3) The Cabinet Secretary may make Regulations to prescribe the criteria for the establishment and the functions of a mineral and metals commodity exchange.
Section 28Verify source
§ 29MINING INSTITUTIONS AND BODIES - 29. Access to geoscience informationProvision

A database of geoscience and information is kept and maintained.

Section 29. Access to geoscience information Section a database of geoscience and information is kept and maintained; and
Section 29Verify source
§ 30MINING INSTITUTIONS AND BODIES - 30. Mineral Rights BoardOffence

Establishes a Mineral Rights Board, lists its membership and appointing authorities, and sets appointment terms and experience requirements.

Section 30. Mineral Rights Board Section 30(1) There is established a Mineral Rights Board. Section 30(2)(a) a chairperson with demonstrable knowledge and experience of the minerals and mining sector, who shall be appointed by the President; Section 30(2)(b) the Principal Secretary responsible for matters relating to mining; Section 30(2)(c) the Principal Secretary responsible for the National Treasury; Section 30(2)(d) one person who has relevant qualifications or experience in mining, geology, geophysics or engineering, nominated by the Council of County Governors; Section 30(2)(e) the Chairperson of the National Land Commission; Section 30(2)(f) the Director of Mines who shall be the secretary to the Mineral Rights Board; Section 30(2)(g) the Director of Geological Surveys; and Section 30(2)(h) two persons with professional qualifications and experience in the mining industry. Section 30(3) The Cabinet Secretary shall appoint the persons under subsection (2) (d) and (h) who shall serve a period of three years. Section 30(4)(a) is a citizen of Kenya; Section 30(4)(b) holds a degree from a recognized university, in geology, geophysics, mining, engineering, economics, business administration or law; Section 30(4)(c) has experience in the mining sector of not less than ten years in the case of the chairperson and five years in the case of any other member; and Section 30(4)(d) satisfies the requirements of Chapter Six of the Constitution. Section 30(5)(a) is an undischarged bankrupt; Section 30(5)(b) suffers from physical or mental infirmity which renders him or her incapable of discharging the function of the Mineral Rights Board; and Section 30(5)(c) has been convicted of an offence whose term of imprisonment exceeds six months. Section 30(6) The Chairperson and members of the Mineral Rights Board appointed under subsection (2) (a) and (h) shall hold office for a period of three years and may be eligible for re appointment for one further term.
Section 30Verify source
§ 31MINING INSTITUTIONS AND BODIES - 31. Functions of the Mineral Rights BoardProvision

Lists the functions of the Mineral Rights Board, including handling mineral-rights agreements, identifying areas for small-scale/artisanal mining, excluding or restricting mining areas, declaring strategic minerals, managing cessation or suspension of production for licences, setting fees/royalties, considering referred matters, and establishing advisory committees.

Section 31. Functions of the Mineral Rights Board Section 31(1)(a) the grant, rejection, retention, renewal, suspension, revocation, variation, assignment, trading, tendering, or transfer of Mineral Rights Agreements; Section 31(1)(b) the areas suitable for small scale and artisanal mining; Section 31(1)(c) the areas where mining operations may be excluded and restricted; Section 31(1)(d) the declaration of certain minerals as strategic minerals; Section 31(1)(e) cessation, suspension, or curtailment of production in respect of mining licences; Section 31(1)(f) fees, charges and royalties payable for a mineral right or mineral; and Section 31(1)(g) any matters which under this Act, are required to be referred to the Mineral Rights Board. Section 31(2) The Mineral Rights Board may for the purpose of facilitating the performance of its functions establish such number of committees to advise the Mineral Rights Board on matters relating to mining and minerals.
Section 31Verify source

Part VI

GENERAL PROVISIONS ON MINERAL RIGHTS

§ 32GENERAL PROVISIONS ON MINERAL RIGHTS - 32. Categories of mineral rightProvision

The Cabinet Secretary may, on the recommendation of the Mineral Rights Board, grant, deny or revoke mineral rights and may designate other mineral rights by notice in the Gazette.

Section 32. Categories of mineral right Section 32(1) The Cabinet Secretary, on the recommendation of the Mineral Rights Board, may grant, deny or revoke a mineral rights. Section 32(2) A mineral right may be granted in respect of a large scale operation or small scale operation. Section 32(3)(a) a reconnaissance licence; Section 32(3)(a)(i) a reconnaissance licence; Section 32(3)(a)(ii) a prospecting licence; Section 32(3)(a)(iii) a retention licence; Section 32(3)(a)(iv) a mining licence; or Section 32(3)(b) a prospecting permit; or Section 32(3)(b)(i) a prospecting permit; or Section 32(3)(b)(ii) a mining permit. Section 32(4) The Cabinet Secretary may on the recommendation of the Mineral Rights Board, by notice in the Gazette , designate any other mineral right which may be granted under this Act.
Section 32Verify source
§ 33GENERAL PROVISIONS ON MINERAL RIGHTS - 33. Feedback on status of applications for large scale operationsProvision

Sets application, notification, response and appeal procedures and time limits for mineral right applications: applicants must apply to the Cabinet Secretary; the Cabinet Secretary must notify the Mineral Rights Board and the applicant; approved applicants must accept or reject offers within 21 days or approval lapses; aggrieved applicants may appeal to the High Court within 30 days; decision timeframes for prospecting/reconnaissance (90 days) and mining (120 days) are set.

Section 33. Feedback on status of applications for large scale operations Section 33(1) A person shall make an application for a mineral right in the prescribed manner to the Cabinet Secretary. Section 33(2)(a) within ninety days in the case of an application for prospecting licence or reconnaissance licence; or Section 33(2)(b) within one hundred and twenty days in the case of an application for a mining licence. Section 33(3) Subject to subsection (2), the Cabinet Secretary shall notify the Mineral Rights Board of the decision to approve or reject an application before notifying the applicant. Section 33(4) Subject to subsection (2), the Cabinet Secretary shall notify the applicant in writing whether the application has been accepted or rejected. Section 33(5) Where the application is approved, the applicant shall by notice in writing accept or reject the offer for grant of the mineral right within twenty-one days from the date of receipt of notification of the approval. Section 33(6) Where the applicant does not notify the Cabinet Secretary of the acceptance of the offer, the approval of the application shall lapse after twenty-one days. Section 33(7) An applicant who is aggrieved by the decision of the Cabinet Secretary may appeal to the High Court within thirty days.
Section 33Verify source
§ 34GENERAL PROVISIONS ON MINERAL RIGHTS - 34. Mineral right applicationsProvision

Section 34. Mineral right applications Section 34(1)(a) the land owner or lawful occupier of the land where the mineral is located; Section 34(1)(b) the community; and Section 34(1)(c) the relevant county Government. Section 34(2) The

Section 34. Mineral right applications Section 34(1)(a) the land owner or lawful occupier of the land where the mineral is located; Section 34(1)(b) the community; and Section 34(1)(c) the relevant county Government. Section 34(2) The Cabinet Secretary shall, on receipt of the application, publish notice of the pending application in a newspaper of wide circulation at the applicant's expense. Section 34(3)(a) state the proposed boundaries of the land in relation to which an application for a mineral right is made; and Section 34(3)(b) be published, for twenty one days in the Gazette and in the offices of the County Government within which county the land is situated. Section 34(4)(a) within twenty one days in the case of an application for a prospecting licence; and Section 34(4)(b) within forty two days in the case of an applications for a mining licence. Section 34(5) The Cabinet Secretary shall hear and determine any objection to an application under subsection (4) through the Minerals Rights Board.
Section 34Verify source
§ 35GENERAL PROVISIONS ON MINERAL RIGHTS - 35. Form of mineral rightProvision

A mineral right must be evidenced by a licence or permit, and that licence or permit must be in the prescribed form.

Section 35. Form of mineral right Section 35(1) A mineral right issued under this Act or any other written law, shall be evidenced by a licence or permit. Section 35(2) The licence or permit referred to under subsection (1), shall be in the prescribed form.
Section 35Verify source
§ 36GENERAL PROVISIONS ON MINERAL RIGHTS - 36. Mineral rights in excluded and restricted areasProvision

The Cabinet Secretary shall determine whether operations on any land are excluded under this section; the section also lists lands specified by the Cabinet Secretary in the Gazette and areas subject to existing permits or licences as excluded or restricted, and identifies various authorities whose approval is required for mineral rights in specific areas.

Section 36. Mineral rights in excluded and restricted areas Section 36(1)(a) any land specified by the Cabinet Secretary, by notice in the Gazette , to be land upon which such operations are excluded or restricted; or Section 36(1)(b) an area of which is subject to an existing permit or licence. Section 36(2)(a) approval of the National Land Commission, in relation to public land; Section 36(2)(b) the approval of the relevant State agency where that mineral right is on public land under Article 62(1)(b) of the Constitution; Section 36(2)(c) the approval of the appropriate Cabinet Secretary or other authority, where the area in respect of which a mineral right is sought is dedicated or set apart as a place of burial, religious significance, as a public building, or for any other public purpose; Section 36(2)(d) the Governor of the respective county exercising control where the land is situated within a town, municipality or trading centre; Section 36(2)(e) the Cabinet Secretary responsible for matters relating to wildlife conservation and management, where the land is situated within a marine park, a national park or a local sanctuary under the Wildlife Conservation and Management Act (Cap. 376); Section 36(2)(f) the Cabinet Secretary responsible for matters relating to the environment, where the land is situated within a protected area, a protected natural environment, or a protected coastal zone under the Environmental Management and Coordination Act (Cap. 387); Section 36(2)(g) the Director of the Kenya Forest Service, where the land is situated within a forest area or operations on, under or over an area, that has been declared a forest area under the Forest Conservation and Management Act (Cap. 385). Section 36(2)(h) any other person who in the opinion of the Cabinet Secretary would otherwise be affected by the grant of a mineral right, who may include the owner of private land or the community in occupation of the land. Section 36(3) The Cabinet Secretary shall determine any questions as to whether operations on any land are excluded under this section.
Section 36Verify source
§ 37GENERAL PROVISIONS ON MINERAL RIGHTS - 37. Mineral rights on private landProvision

A registered owner's express consent is required before prospecting and mining rights may be granted on private land, and the registered owner must not unreasonably withhold that consent.

Section 37. Mineral rights on private land Section 37(1) A prospecting and mining rights shall not be granted under this Act with respect to private land without the express consent of the registered owner, and such consent shall not be unreasonably withheld. Section 37(2)(a) a legally binding arrangement with the applicant for the prospecting and mining rights or with the Government, which allows for the conduct of prospecting or mining operations; or Section 37(2)(b) an agreement with the applicant for the prospecting and mining rights concerning the payment of adequate compensation. Section 37(3) Where consent is granted prior to any change in land ownership, such consent shall continue to be valid for as long as the prospecting and mining rights subsists.
Section 37Verify source
§ 38GENERAL PROVISIONS ON MINERAL RIGHTS - 38. Mineral rights on community landProvision

The Cabinet Secretary may make regulations, by notice in the Gazette, for granting prospecting and mining rights over community land.

Section 38. Mineral rights on community land Section 38(1)(a) the authority obligated by the law relating to administration and management of community land to administer community land; or Section 38(1)(b) the National Land Commission in relation to community land that is unregistered. Section 38(2)(a) a legally binding arrangement with the applicant for the prospecting and mining rights or with the Government, which allows the conduct of prospecting or mining operations; or Section 38(2)(b) an agreement with the applicant for the prospecting and mining rights concerning the payment of adequate compensation. Section 38(3) Subject to the law relating to community land, where consent is granted prior to any change in land ownership, such consent shall be valid for as long as the prospecting and mining rights subsists. Section 38(4) The Cabinet Secretary may, by notice in the Gazette , make regulations for the grant of prospecting and mining rights over community land.
Section 38Verify source
§ 39GENERAL PROVISIONS ON MINERAL RIGHTS - 39. Consent or otherwiseProvision

A responsible person for a State organ, agency or authority, or a person referred under sections 36–38, must give written consent or a notice of refusal to the applicant within twenty days.

Section 39. Consent or otherwise Section The person responsible for a State organ, agency, or authority or a person referred to under sections 36 , 37 or 38 shall give written consent or notice of refusal to the applicant within twenty days.
Section 39Verify source
§ 40GENERAL PROVISIONS ON MINERAL RIGHTS - 40. Compulsory acquisition of land for prospecting and miningProvision

The Cabinet Secretary may determine that withholding consent is contrary to the national interest under Section 40(1)(b).

Section 40. Compulsory acquisition of land for prospecting and mining Section 40(1)(a) unreasonably withheld; or Section 40(1)(b) the Cabinet Secretary considers that withholding of consent is contrary to the national interest. Section 40(2) Subject to subsection (1), the land or area shall cease to be land excluded from prospecting or mining.
Section 40Verify source
§ 41GENERAL PROVISIONS ON MINERAL RIGHTS - 41. Tendering for mineral rightsProvision

The Cabinet Secretary must invite parties to tender for large-scale mineral operations in land designated under section 14, and must make regulations on tendering guidelines in consultation with the National Treasury and subject to procurement law.

Section 41. Tendering for mineral rights Section 41(1) The Cabinet Secretary shall invite parties to tender in respect of large-scale operations over an area or areas of land designated under section 14 . Section 41(2) The Cabinet Secretary shall in consultation with the National Treasury and subject to the law relating to public procurement, make Regulations to provide for tendering guidelines.
Section 41Verify source
§ 42GENERAL PROVISIONS ON MINERAL RIGHTS - 42. Conditions attaching to mineral rightsProvision

The Cabinet Secretary may enforce conditions attaching to mineral rights as if those conditions were contractual obligations.

Section 42. Conditions attaching to mineral rights Section 42(1)(a) the protection of the mineral interests; Section 42(1)(b) the protection of the environment; Section 42(1)(c) community development; Section 42(1)(d) safety of prospecting and mining operations; Section 42(1)(e) health and safety of persons undertaking those operations; Section 42(1)(f) the protection of the lawful interests of the holders of any other mineral right; and Section 42(1)(g) the maximum number of blocks a person or a company may hold. Section 42(2)(a) expiration of the term of the mineral right; Section 42(2)(b) surrender of the whole or part of the area specified in the mineral right; or Section 42(2)(c) revocation of the mineral right in respect of the whole or part of the area specified in the right. Section 42(3) Subject to subsection (2), the Cabinet Secretary may enforce the conditions, as if the conditions were contained in a contract between the Cabinet Secretary and the holder of the mineral right and valuable consideration had been given to the holder for the holder's compliance with the condition.
Section 42Verify source
§ 43GENERAL PROVISIONS ON MINERAL RIGHTS - 43. Directions concerning good mining practiceOffence

The holder of a mineral right must comply with any direction given under this Act.

Section 43. Directions concerning good mining practice Section 43(1)(a) engage in wasteful mining or treatment practices; or Section 43(1)(b) conduct his operations otherwise than in accordance with this Act, Section 43(2)(a) prevent wasteful mining practices; or Section 43(2)(b) ensure that prospecting or mining operations are carried out in accordance with mining best practice, the Act or guidelines under this Act. Section 43(3) The holder of a mineral right shall comply with any direction given under this Act. Section 43(4) A person who does not comply with the provisions of this section commits an offence.
Section 43Verify source
§ 44GENERAL PROVISIONS ON MINERAL RIGHTS - 44. Mineral rights to be exercised reasonably and responsiblyProvision

Holders of mineral rights must exercise those rights reasonably and responsibly and must not do so in a way that adversely affects other mineral-right holders or the owner or occupier of the land.

Section 44. Mineral rights to be exercised reasonably and responsibly Section The holder of a mineral right shall exercise the rights conferred under the mineral right reasonably, responsibly and in a manner that does not adversely affect the interests of any other holder of a mineral right, or the owner or occupier of the land over which the mineral right extends.
Section 44Verify source
§ 45GENERAL PROVISIONS ON MINERAL RIGHTS - 45. Registered addressProvision

A holder of a mineral right and any agent appointed by that holder must register with the Principal Secretary an address in Kenya for service of communications and notices under the Act.

Section 45. Registered address Section A holder of a mineral right and any agent appointed by the holder of a mineral right shall register with the Principal Secretary an address in Kenya to which all communications and notices made under this Act to the mineral right holder or agent may be sent.
Section 45Verify source
§ 46GENERAL PROVISIONS ON MINERAL RIGHTS - 46. Employment and training of KenyansProvision

Holders of mineral rights must submit a detailed programme for recruiting and training Kenyan citizens to the Cabinet Secretary; submission and approval are conditions for grant; the Cabinet Secretary must make regulations on expatriate replacement and issue policy guidelines.

Section 46. Employment and training of Kenyans Section 46(1) To ensure skills transfer to and capacity building for the citizens, the holder of a mineral right shall submit to the Cabinet Secretary a detailed programme for the recruitment and training of citizens of Kenya in a manner as may be prescribed by the Cabinet Secretary. Section 46(2) The submission and approval of the programme under subsection (1) shall be a condition for the grant of mineral right. Section 46(3) The Cabinet Secretary shall make regulations to provide for the replacement of expatriates, the number of years such expatriates shall serve and provide for collaboration and linkage with universities and research institutions to train citizens. Section 46(4) The Cabinet Secretary shall issue policy guidelines making further provision to give effect to this section.
Section 46Verify source
§ 47GENERAL PROVISIONS ON MINERAL RIGHTS - 47. Preference in employmentProvision

The holder of a mineral right must give employment preference to local community members and Kenyan citizens and perform a set of measures (training, capacity building, regulated use of non-citizen technical experts, replacement of non-citizen technical staff within a reasonable period prescribed by the Cabinet Secretary, university linkages, social investment, and implementing a community development agreement).

Section 47. Preference in employment Section 47(1) The holder of a mineral right shall give preference in employment to members of the community and citizens of Kenya. Section 47(2)(a) conduct training programmes for the benefit of employees; Section 47(2)(b) undertake capacity building for the employees; Section 47(2)(c) only engage non-citizen technical experts in accordance with such local standards for registration as may be prescribed in the relevant law; Section 47(2)(d) work towards replacing technical non-citizen employees with Kenyans, within such reasonable period as may be prescribed by the Cabinet Secretary; Section 47(2)(e) provide a linkage with the universities for purposes of research and environmental management; Section 47(2)(f) where applicable and necessary facilitate and carry out social responsible investment for the local communities; and Section 47(2)(g) implement a community development agreement as may be prescribed in Regulations.
Section 47Verify source
§ 48GENERAL PROVISIONS ON MINERAL RIGHTS - 48. Government participation in mining licenceProvision

For large-scale mining, the State must acquire a ten percent free carried interest in the share capital of the mineral right; the State may also have additional participation agreed at arm's length; the Cabinet Secretary must make regulations for state participation.

Section 48. Government participation in mining licence Section 48(1) Where a mineral right is for a large scale mining operation, the State shall acquire ten percent free carried interest in the share capital of the right in respect of which financial contribution shall not be paid by the State. Section 48(2) The provisions of subsection (1) shall apply to large scale mining operations and to mining operations relating to strategic minerals. Section 48(3) Subsection (1) shall not preclude the State from any other or further participation in mining and operations which shall be agreed with the holder at arm's length. Section 48(4) The Cabinet Secretary shall make regulations to provide for state participation in mining or prospecting operations between the Government and the holder of a mineral right.
Section 48Verify source
§ 49GENERAL PROVISIONS ON MINERAL RIGHTS - 49. Local equity participationCommencement

If planned capital expenditure exceeds the prescribed amount, a holder of a mining licence must list at least 20% of its equity on a local stock exchange within three years of starting production; the Cabinet Secretary prescribes the capital expenditure limits and may, after consulting National Treasury, extend the period.

Section 49. Local equity participation Section 49(1) The Cabinet Secretary shall prescribe the limits of capital expenditure for the purpose of this section. Section 49(2) A holder of a mining licence whose planned capital expenditure exceeds the prescribed amount shall list at least twenty percent of its equity on a local stock exchange within three years after commencement of production. Section 49(3) The holder of a mining licence may apply in writing to the Cabinet Secretary to execute an equitable alternative mechanism that will allow the company to meet the requirement set in subsection (1), including an extension of time. Section 49(4) The Cabinet Secretary, may after consultation with the National Treasury extend the period set out in subsection (2), for reasons that the market conditions do not allow for a successful completion of the offering in the local stock exchange.
Section 49Verify source
§ 50GENERAL PROVISIONS ON MINERAL RIGHTS - 50. Preference for local productsProvision

Preference for local products: Section to materials and products made in Kenya;

Section 50. Preference for local products Section to materials and products made in Kenya;
Section 50Verify source
§ 51GENERAL PROVISIONS ON MINERAL RIGHTS - 51. Assignments, transfers, mortgage and trade of mineral rightsProvision

Holders may not assign, transfer, mortgage or trade mineral rights without Cabinet Secretary consent; the Cabinet Secretary must not unreasonably withhold consent and must inform applicants within thirty days; notifications to KRA, tax compliance, approval for ownership changes over 25%, and shared liability rules on transfer are required.

Section 51. Assignments, transfers, mortgage and trade of mineral rights Section 51(1) The holder of a mineral right shall not assign, transfer, mortgage or trade such right or part thereof without the consent of the Cabinet Secretary on recommendation of the Mineral Rights Board. Section 51(2) The Cabinet Secretary shall not unreasonably withhold consent to assign, transfer, mortgage or trade a mineral right and shall inform an applicant of the decision within thirty days of receipt of an application to assign, transfer, mortgage or trade a mineral right. Section 51(3) The Cabinet Secretary shall not consent to a proposed assignment, transfer, mortgage or trade of a mineral right to a person or a body corporate which is not eligible for the grant of a mineral right under this Act. Section 51(4) Prior to assignment, transfer, mortgage or trade of a mineral right, and within thirty days from the date of receiving consent, the holder of such right shall notify the Kenya Revenue Authority of the transfer of an interest in a mineral right. Section 51(5) The Cabinet Secretary shall not register the interest of the transferee until the transferor produces evidence of compliance with the relevant tax provisions. Section 51(6) Subject to this Act, the holder of a mineral right shall notify the Cabinet Secretary of any significant proposed change in the ownership or control of the mining company with any single interest exceeding twenty-five percent interest in the licence. Section 51(7) A proposed change shall not take effect until it has been approved by the Cabinet Secretary. Section 51(8) The Cabinet Secretary shall not refuse to grant approval, except for valid reasons. Section 51(9) The transferee as well as the transferor of a mineral right shall be liable for the payment of all rent and compensation which may have accrued, and the observance of all obligations imposed by the licence up to the date of the transfer in respect of the licence or part thereof so transferred, but the transferor shall not be liable for the payment of any future rents and compensation or the compliance with any obligations so imposed as aforesaid in regard to the licence or part thereof so transferred after the date of the transfer.
Section 51Verify source
§ 52GENERAL PROVISIONS ON MINERAL RIGHTS - 52. Preparation of reportsProvision

The Mineral Rights Board must prepare and submit a report on each application for a mineral right to the Cabinet Secretary.

Section 52. Preparation of reports Section The Mineral Rights Board shall prepare and submit a report on each application for a mineral right to the Cabinet Secretary.
Section 52Verify source
§ 53GENERAL PROVISIONS ON MINERAL RIGHTS - 53. Annual financial reportsProvision

Holders of mineral rights must give the Cabinet Secretary and the Kenya Revenue Authority audited annual financial statements within three months after each financial year, prepared in accordance with International Accounting Standards; the Cabinet Secretary must prescribe their form and contents.

Section 53. Annual financial reports Section 53(1) The holder of a mineral right shall, within three months following the end of each financial year, furnish the Cabinet Secretary and the Kenya Revenue Authority with a copy of audited annual financial statements, in accordance with International Accounting Standards. Section 53(2) The Cabinet Secretary shall prescribe the form and contents of the annual financial statements.
Section 53Verify source
§ 54GENERAL PROVISIONS ON MINERAL RIGHTS - 54. Power to require additional informationProvision

The holder of a mineral right or an applicant must provide any additional information reasonably required to the Cabinet Secretary for consideration of an application.

Section 54. Power to require additional information Section 54(1) The holder of a mineral right, or an applicant for the grant or renewal of a mineral right, shall provide such additional information to the Cabinet Secretary as may be reasonably required for consideration of the application. Section 54(2) The Cabinet Secretary shall request for information by written notice to the holder of the mineral right. Section 54(3) Where the Cabinet Secretary requires additional information to be provided under subsection (1), an application for the grant or renewal of a mineral right shall be deemed to be incomplete until the mineral right holder furnishes the additional information to the Cabinet Secretary.
Section 54Verify source
§ 55GENERAL PROVISIONS ON MINERAL RIGHTS - 55. Report by the Cabinet SecretaryProvision

The Cabinet Secretary must submit an annual report to Cabinet listing all mineral rights granted or rejected under this Act or any other written law, and must indicate the justification for each grant or rejection.

Section 55. Report by the Cabinet Secretary Section 55(1) The Cabinet Secretary shall submit an annual report, to Cabinet, of all mineral rights granted or rejected under this Act or any other written law. Section 55(2) The report submitted under subsection (1) shall indicate the justification for granting or rejecting a mineral right under this Act or any other written law.
Section 55Verify source
§ 56GENERAL PROVISIONS ON MINERAL RIGHTS - 56. Priority if applicationsProvision

Applications for a mineral right are considered, processed and determined on a first-come first-served basis.

Section 56. Priority if applications Section Applications for a mineral right shall be considered, processed and determined on a first-come first-served basis.
Section 56Verify source
§ 57GENERAL PROVISIONS ON MINERAL RIGHTS - 57. Treatment of applicationsProvision

An extension of the term of a mineral right ends immediately if an application for any of the mineral rights mentioned in this section is surrendered or is refused.

Section 57. Treatment of applications Section 57(1)(a) the renewal of the licence; or Section 57(1)(a)(i) the renewal of the licence; or Section 57(1)(a)(ii) a retention licence or a mining licence that applies to the whole, or a part, of the area covered by the prospecting licence. Section 57(1)(b) the renewal of the licence; or Section 57(1)(b)(i) the renewal of the licence; or Section 57(1)(b)(ii) a mining licence; or Section 57(1)(c) where the mineral right is for a mining licence or a mining permit and the holder is awaiting a decision on an application for renewal of the mineral right made in accordance with this Act. Section 57(2) An extension of the term of a mineral right in accordance with subsection (1) shall end immediately if an application for any of the mineral rights mentioned in this section is surrendered or is refused.
Section 57Verify source
§ 58GENERAL PROVISIONS ON MINERAL RIGHTS - 58. Conditions for grant of mineral rights for large scale operationsProvision

The Cabinet Secretary must only grant or renew a mineral right for a large scale operation if the applicant has complied with the provisions of this Act.

Section 58. Conditions for grant of mineral rights for large scale operations Section The Cabinet Secretary shall only grant or renew a mineral right for a large scale operation where the applicant has complied with the provisions of this Act.
Section 58Verify source
§ 59GENERAL PROVISIONS ON MINERAL RIGHTS - 59. Withdrawal of an applicationProvision

An applicant may withdraw an application for the grant or renewal of a mineral right before they receive information of approval or rejection.

Section 59. Withdrawal of an application Section An application for the grant or renewal of a mineral right may be withdrawn by the applicant at any time before the applicant receives information of the approval or rejection of the application.
Section 59Verify source

Part VII

MINERAL AGREEMENTS

§ 117MINERAL AGREEMENTS - 117. Mineral agreementProvision

The Cabinet Secretary, in consultation with the National Treasury, may enter into a mineral agreement with the holder of a mining licence when the proposed investment exceeds five hundred million United States dollars; the agreement may cover specified matters (operations, expenditure, manner of operations, environmental obligations, dispute settlement, processing in Kenya, valuation basis, insurance, arbitration, community development, fiscal payments and financial arrangements) and must be submitted to Parliament for ratification and prepared in a prescribed standard format.

Section 117. Mineral agreement Section 117(1) The Cabinet Secretary in consultation with the National Treasury may enter into a mineral agreement with the holder of a mining licence where the proposed investment exceeds five hundred million United States dollars. Section 117(2)(a) the minimum prospecting or mining operations to be carried out and the time table determined for purposes of such operations; Section 117(2)(b) the minimum expenditure in respect of the prospecting or mining operations; Section 117(2)(c) the manner in which prospecting or mining operations shall be carried out; Section 117(2)(d) the environmental obligations and liabilities, subject to the requirement of the Environment Management and Co-ordination Act (Cap. 387); Section 117(2)(e) the procedure for settlement of disputes; Section 117(2)(f) the processing, whether wholly or partly in Kenya, of any mineral or group of minerals found, obtained or mined by the holder of a mineral right in the course of mining operations; Section 117(2)(g) the basis on which the market value of any mineral or group of minerals in question may from time to time be determined; Section 117(2)(h) insurance arrangements; Section 117(2)(i) resolution of disputes through an international arbitration or a sole expert; and Section 117(2)(j) community development plans; Section 117(2)(k) the payments of royalties, taxes, cess and other fiscal impositions; and Section 117(2)(l) financial arrangements. Section 117(3) Nothing contained in a mineral agreement shall be construed as to absolve any party to such agreement from a requirement prescribed by law. Section 117(4) A mineral agreement shall be prepared in accordance with a standard format as may be prescribed in Regulations. Section 117(5) All mineral agreements shall be submitted to the National Assembly and the Senate for ratification.
Section 117Verify source
§ 118MINERAL AGREEMENTS - 118. Power to negotiate mineral agreementsProvision

The Cabinet Secretary may, on behalf of the State and on the advice of the Mineral Rights Board, negotiate mineral agreements with applicants for or holders of prospecting, retention or mining licences for large-scale mining or exploitation of minerals in marine and terrestrial areas, in accordance with this Act and any other written law.

Section 118. Power to negotiate mineral agreements Section The Cabinet Secretary may, on behalf of the State, on the advice of the Mineral Rights Board, negotiate with an applicant for or holder of a prospecting licence, a retention licence or a mining licence in respect of large scale mining or exploitation of minerals in the marine and terrestrial areas in accordance with the provisions of this Act and any other written law.
Section 118Verify source
§ 119MINERAL AGREEMENTS - 119. Publication of mineral agreementsProvision

Certain mineral agreement information must be made accessible to the public; the Cabinet Secretary must ensure access through the ministry website and must publish records and related information annually.

Section 119. Publication of mineral agreements Section 119(1) Subject to Article 35 of the Constitution and mineral any other written law, all mineral agreements entered into in accordance with this Act shall be public and be made accessible to the public. Section 119(2) The Cabinet Secretary shall ensure access to information under this Act, including ensuring that mineral agreements and the status thereof is available in the official website of the Ministry for the time being responsible for mining. Section 119(3)(a) revenues paid to the government by mineral right holders; and Section 119(3)(b) production volumes under each licence or permit. Section 119(4) The Cabinet Secretary shall publish on the ministry website, annually, records, reports, mineral agreements and any other relevant information.
Section 119Verify source
§ 120MINERAL AGREEMENTS - 120. Requirements for conclusion and execution of mineral agreementsProvision

The Cabinet Secretary must have regard to Article 71 of the Constitution before executing any mineral agreements or other agreements relating to exploitation of natural resources.

Section 120. Requirements for conclusion and execution of mineral agreements Section 120(1) The Cabinet Secretary shall have regard to provisions of Article 71 of the Constitution prior to executing any mineral agreements, or other agreement relating to the exploitation of any natural resources. Section 120(2) Any agreement relating to large scale mining operations on terrestrial and marine areas shall be submitted to the National Assembly and the Senate for ratification before execution by the Cabinet Secretary.
Section 120Verify source
§ 121MINERAL AGREEMENTS - 121. Consistency with legislationProvision

Terms or conditions in a mineral agreement that conflict with this Act or the Constitution are void to the extent of the inconsistency; and no term in a mineral agreement can exempt a party from complying with this Act or any other written law.

Section 121. Consistency with legislation Section 121(1) A term or condition contained in a mineral agreement which is inconsistent with any provision of this Act or the Constitution shall, to the extent of the inconsistency, be void and of no legal effect. Section 121(2) A term or condition forming part of a mineral agreement shall not absolve any party to it from complying with provisions of this Act or any other written law.
Section 121Verify source
§ 122MINERAL AGREEMENTS - 122. Distinction between large scale operations and small scale operationsProvision

The Cabinet Secretary must apply the criteria in the Second Schedule to distinguish between small scale and large scale operations.

Section 122. Distinction between large scale operations and small scale operations Section The Cabinet Secretary shall apply the criteria set out in the Second Schedule for the purpose of distinguishing between small scale and large scale operations.
Section 122Verify source

Part VIII

SURRENDER, SUSPENSION AND REVOCATION OF MINERAL RIGHTS

§ 143SURRENDER, SUSPENSION AND REVOCATION OF MINERAL RIGHTS - 143. Application for approval of surrenderProvision

The holder of a mineral right may apply to surrender that mineral right by written notice to the Cabinet Secretary.

Section 143. Application for approval of surrender Section The holder of a mineral right may by notice in writing to the Cabinet Secretary apply to surrender the mineral right.
Section 143Verify source
§ 144SURRENDER, SUSPENSION AND REVOCATION OF MINERAL RIGHTS - 144. Approval required for the surrender of mineral rightProvision

The Cabinet Secretary may allow surrender of a mineral right on recommendation; the holder must apply and provide notice and supporting documents.

Section 144. Approval required for the surrender of mineral right Section 144(1) The Cabinet Secretary, on the recommendation of the Mineral Rights Board, may allow the holder of a mineral right to surrender that mineral right in respect of the whole or any part of the area specified in the mineral right. Section 144(2) The holder of a mineral right shall apply to surrender the mineral right to the Cabinet Secretary. Section 144(3)(a) at least three months' notice of intention to surrender the whole or part of the area specified in the mineral right; or Section 144(3)(b) in the case of a prospecting permit at least one months' notice of intention to surrender the whole or part of the area specified in the permit. Section 144(4)(a) a plan of the area to be surrendered in a form which is acceptable to the Cabinet Secretary if the surrender relates to part of the area specified in the right; Section 144(4)(b) proof of implementation of any environmental management plans; and Section 144(4)(c) all records and reports with respect to the prospecting or mining operations carried out in the area to be surrendered.
Section 144Verify source
§ 145SURRENDER, SUSPENSION AND REVOCATION OF MINERAL RIGHTS - 145. Notification of approval of surrenderProvision

A surrender only takes effect after the Cabinet Secretary, acting on the Mineral Rights Board's recommendation, gives the holder written notice of approval; the Cabinet Secretary may grant approval subject to conditions.

Section 145. Notification of approval of surrender Section 145(1) A proposed surrender of an area covered under a mineral right shall have no effect unless and until the Cabinet Secretary, on the recommendation of the Mineral Rights Board, gives the holder thereof written notice that the application for surrender has been approved. Section 145(2) An approval for the surrender of a mineral right may be granted subject to such conditions as the Cabinet Secretary, on the recommendation of the Mineral Rights Board, may deem appropriate.
Section 145Verify source
§ 146SURRENDER, SUSPENSION AND REVOCATION OF MINERAL RIGHTS - 146. Effect of surrenderProvision

A mineral right stops having any effect when an application for its surrender is approved (subject to section 42(2)).

Section 146. Effect of surrender Section 146(1) Except as provided by section 42 (2) of this Act, a mineral right shall cease to have any effect when an application for its surrender is approved. Section 146(2) Where the application is in respect of part of the area specified in the mineral right it shall cease to have effect in respect of that area but shall continue to have effect in respect of the remaining area.
Section 146Verify source
§ 147SURRENDER, SUSPENSION AND REVOCATION OF MINERAL RIGHTS - 147. Grounds for suspension and revocationCommencement

The Cabinet Secretary may suspend or revoke a prospecting or mining permit if the holder does not commence operations in accordance with the approved work programme.

Section 147. Grounds for suspension and revocation Section 147(1)(a) fails to make a payment required under this Act on the due date; Section 147(1)(b) fails to comply with any condition specified in the right or an obligation placed on the holder by this Act, or fails to take the action required by the Cabinet Secretary to be taken in accordance with subsection (3); Section 147(1)(c) commits an offence under this Act; Section 147(1)(d) makes or is found to have made a false statement in the application for the grant or renewal of the mineral right; or Section 147(1)(e) is adjudged bankrupt or in the case of a company it is declare insolvent. Section 147(2) The Cabinet Secretary may suspend or revoke a prospecting or mining permit if the holder does not commence prospecting or mining operations under the permit in accordance with the approved work programme or programme of mining operations. Section 147(3)(a) to comply with the condition or obligation within a reasonable period of time; or Section 147(3)(b) to show cause, within that period, as to why the mineral right should not be suspended or revoked.
Section 147Verify source
§ 148SURRENDER, SUSPENSION AND REVOCATION OF MINERAL RIGHTS - 148. Effect of revocationProvision

A mineral right ceases to have effect on cancellation, subject to section 42(2); revocation does not affect liabilities or obligations incurred before revocation.

Section 148. Effect of revocation Section 148(1) Subject to section 42 (2), a mineral right shall cease to have effect upon its cancellation. Section 148(2) The revocation of a mineral right shall not prejudice any liability or obligation incurred under or in relation to the mineral right prior to its revocation.
Section 148Verify source
§ 149SURRENDER, SUSPENSION AND REVOCATION OF MINERAL RIGHTS - 149. Assets on terminationProvision

When a mineral right ends or is cancelled, the former holder must provide a prescribed statement; immovable assets vest in the Republic; certain movable assets vest in the County Government or are subject to first refusal; the Cabinet Secretary may permit limited removal of assets and must prescribe regulations on asset use.

Section 149. Assets on termination Section 149(1)(a) a statement of assets which identifies the assets the holder intends to remove from the area and those the holder intends to leave; and Section 149(1)(b) a notification of any potentially hazardous substances, excavations and buildings in the area. Section 149(2) Where a mineral right is not renewed at the end of its term or is cancelled by the Cabinet Secretary, the former holder of the mineral right shall provide a statement to the Cabinet Secretary in the prescribed form containing the information prescribed in subsection (1) within such reasonable period as the Cabinet Secretary may direct. Section 149(3) All immovable assets of the holder under the mining licence shall vest in the Republic from the effective date of the surrender or termination of the licence. Section 149(4) All movable assets of the holder in the mining area which are fully depreciated for tax purposes shall vest in the County Government without charge on the effective date of such termination and any property not then fully depreciated for tax purposes, the County Government or the Republic shall have the right of first refusal for the sale of such assets from the effective date of termination at the depreciated cost. Section 149(5) Subject to subsection (4), the Cabinet Secretary may permit the assets to be removed solely and exclusively for the purpose of use by the holder in another mining operation in the country. Section 149(6) The Cabinet Secretary shall prescribe Regulations on the use of the assets.
Section 149Verify source
§ 150SURRENDER, SUSPENSION AND REVOCATION OF MINERAL RIGHTS - 150. Delivery of records and documents on terminationProvision

On termination, the holder must deliver all the records which, prior to termination, the holder was obliged to maintain under this Act.

Section 150. Delivery of records and documents on termination Section all the records which, prior to termination, the holder was obliged to maintain under this Act; and
Section 150Verify source

Part X

DEALINGS IN MINERALS

§ 158DEALINGS IN MINERALS - 158. Disposal of mineralsProvision

Persons may dispose of minerals only in specified cases: with the written consent of the Cabinet Secretary; if the person holds a mineral right and complies with its conditions; if the person holds a mineral dealer's or diamond dealer's licence and complies with the licence conditions; or as otherwise permitted by the Act. If minerals are disposed of otherwise than in accordance with subsection (1), no title to the minerals shall pass.

Section 158. Disposal of minerals Section 158(1)(a) with the written consent of the Cabinet Secretary; Section 158(1)(b) where the person is the holder of a mineral right, in accordance with the conditions of the mineral right; Section 158(1)(c) where the person is the holder of a mineral dealer's licence or a diamond dealer's licence in accordance with the conditions of the licence; or Section 158(1)(d) in any other case, as otherwise permitted by or under this Act. Section 158(2) No title to minerals shall pass in any case where a person disposes of minerals otherwise than in accordance with subsection (1).
Section 158Verify source
§ 159DEALINGS IN MINERALS - 159. Authorisation to deal in mineralsProvision

Persons must not engage in mineral dealings unless they hold and act in accordance with a mineral dealer's licence or permit; holders of mineral rights and specified licensed or banking persons are allowed to deal.

Section 159. Authorisation to deal in minerals Section 159(1) A person shall not engage in mineral dealings, either as principal or agent, except with and in accordance with a mineral dealer's licence or a mineral dealer's permit. Section 159(2) Notwithstanding subsection (1), the holder of a mineral right may deal in minerals lawfully acquired in accordance with the terms and conditions of the mineral right. Section 159(3)(a) the holder of a diamond dealer's licence who is engaged in buying diamonds in accordance with the provisions of the licence; or Section 159(3)(b) any person lawfully entitled to carry on the business of a banker.
Section 159Verify source
§ 160DEALINGS IN MINERALS - 160. Application for mineral dealer's licenceProvision

An applicant must apply to the Cabinet Secretary in the prescribed form, pay the prescribed fee, and provide evidence of sufficient knowledge, experience, or working capital.

Section 160. Application for mineral dealer's licence Section 160(1) An application for a mineral dealer's licence shall be made to the Cabinet Secretary in the prescribed form and shall be accompanied by the prescribed fee. Section 160(2) An application made under subsection (1) shall be accompanied by evidence sufficient to show that the applicant is in possession of, or commands, either sufficient knowledge, experience, or working capital to ensure that the applicant can carry on the business that would be permitted under the licence.
Section 160Verify source
§ 161DEALINGS IN MINERALS - 161. Term of mineral dealer's licenceProvision

A mineral dealer's licence expires on 31 December of the year it is issued; a mineral dealer may apply to renew the licence to the Cabinet Secretary in the prescribed form and after paying the prescribed fee.

Section 161. Term of mineral dealer's licence Section 161(1) A mineral dealer's licence shall expire on the thirty-first day of December of the year in which it is issued. Section 161(2) A mineral dealer may apply for renewal of a mineral dealer's licence to the Cabinet Secretary in the prescribed form and upon payment of the prescribed fee.
Section 161Verify source
§ 162DEALINGS IN MINERALS - 162. Obligations under mineral dealer's licenceProvision

deal in minerals otherwise than in accordance with the conditions set out in the licence

Section 162. Obligations under mineral dealer's licence Section deal in minerals otherwise than in accordance with the conditions set out in the licence; or
Section 162Verify source
§ 163DEALINGS IN MINERALS - 163. Record-keeping obligations of holder of mineral dealer's licenceProvision

Holders of a mineral dealer's licence must keep a prescribed register of mineral dealings and must submit, quarterly (Jan, Apr, Jul, Oct), a duplicate true copy of the preceding three months' register with a statutory declaration to the Cabinet Secretary.

Section 163. Record-keeping obligations of holder of mineral dealer's licence Section 163(1) The holder of a mineral dealer's licence shall keep a register of the mineral dealings in the prescribed form. Section 163(2)(a) the nature and weight of the minerals purchased or sold; Section 163(2)(b) the price paid or received for the minerals; Section 163(2)(c) the date of the purchase or sale; and Section 163(2)(d) the name and address of the vendor or the purchaser or consignee. Section 163(3) The holder of a mineral dealer's licence shall submit to the Cabinet Secretary a true copy of the register in duplicate for the preceding three months, together with a statutory declaration of the correctness thereof, in the months of January, April, July and October of every year
Section 163Verify source
§ 164DEALINGS IN MINERALS - 164. Mineral dealers permitProvision

The Cabinet Secretary must issue mineral dealer's permits upon application and payment; permits are for citizens or corporates with 60% citizen shareholding; permits expire on 31 December of the year issued; permit holders may not export minerals and have the right to buy and sell locally.

Section 164. Mineral dealers permit Section 164(1) A mineral dealer's permit shall be issued, to citizens of Kenya or in the case of a body corporate, where sixty percent of the shareholding is held by citizens of Kenya. Section 164(2) A mineral dealer's permit shall be issued by the Cabinet Secretary upon application and payment of the requisite fees. Section 164(3) A mineral dealer's permit shall expire on the thirty first day of December of the year in which it is issued. Section 164(4) The holder of a mineral dealer's permit shall not export minerals but shall have the right to buy and sell locally.
Section 164Verify source
§ 165DEALINGS IN MINERALS - 165. Dealings in diamondsProvision

Persons must not deal in diamonds unless licensed; holders of mineral rights and bankers are excepted.

Section 165. Dealings in diamonds Section 165(1) A person shall not deal in diamonds, as either principal or agent unless the person has obtained a diamond dealer's licence. Section 165(2) Notwithstanding subsection (1), the holder of a mineral right may deal in diamonds lawfully acquired in accordance with the terms and conditions of a mineral right. Section 165(3) Subsection (1) shall not apply to any person lawfully entitled to carry on the business of a banker.
Section 165Verify source
§ 166DEALINGS IN MINERALS - 166. Application for diamond dealer's licenceProvision

A person must apply to the Cabinet Secretary for a diamond dealer's licence in the prescribed form and pay the prescribed fee; the application must include evidence of sufficient working capital; and the Cabinet Secretary must, before issuing a licence, require security by bond or cash deposit for payment of prescribed fees or royalties.

Section 166. Application for diamond dealer's licence Section 166(1) A person shall make an application for a diamond dealer's licence to the Cabinet Secretary in the prescribed form and shall be accompanied by the prescribed fee. Section 166(2) An application made under subsection (1) shall be accompanied by evidence sufficient to show that the applicant is in possession of, or commands, sufficient working capital to ensure that he can carry on the business that would be permitted under the diamond dealer's licence. Section 166(3) The Cabinet Secretary shall, before issuing a licence under this section, require the applicant to provide security, by way of bond or cash deposit in the prescribed form as the Cabinet Secretary shall require, for the due payment of any prescribed fees or royalties which may become payable by such dealer in the course of his business under this Act.
Section 166Verify source
§ 167DEALINGS IN MINERALS - 167. Term of diamond dealer's licenceProvision

Licences expire on the 31st day of December of the year they are granted; a diamond dealer may apply to the Cabinet Secretary to renew the dealer's licence in the prescribed form and upon payment of the prescribed fee.

Section 167. Term of diamond dealer's licence Section 167(1) A diamond dealer's licence shall expire on the thirty-first day of December of the year in which it is granted. Section 167(2) A diamond dealer may apply for renewal of a diamond dealer's licence to the Cabinet Secretary in the prescribed form and upon payment of the prescribed fee.
Section 167Verify source
§ 168DEALINGS IN MINERALS - 168. Obligations under diamond dealer's licenceProvision

Holders of a diamond dealer's licence must comply with licence conditions, keep a prescribed register of diamond dealings with specified details, submit true copies quarterly (January, April, July, October) with a statutory declaration, and produce the register to senior police on written request.

Section 168. Obligations under diamond dealer's licence Section 168(1)(a) deal in diamonds except in accordance with the conditions set out in the licence; Section 168(1)(b) engage in mineral dealings concerning diamonds, as either principal or agent, except with either the holder of a mineral right who is authorized to mine diamonds, or the holder of a diamond dealer's licence; Section 168(1)(c) store diamonds except at the place or in the premises specified in the licence; or Section 168(1)(d) deal in diamonds as either principal or agent, except at the place or in the premises specified in the licence. Section 168(2) The holder of a diamond dealer's licence shall comply with any other condition specified in the licence. Section 168(3) The holder of a diamond dealer's licence shall keep a register of dealings in diamonds in the prescribed form. Section 168(4)(a) the nature and weight of the diamonds; Section 168(4)(b) the price of the diamonds; Section 168(4)(c) the date of the transaction; Section 168(4)(d) in the case of a purchase of diamonds, details of the vendor's authority to sell the minerals; and Section 168(4)(e) the name and address of the vendor, purchaser or consignee. Section 168(5) The holder of a diamond dealer's licence shall submit to the Cabinet Secretary in the months of January, April, July and October of every year, a true copy of the register in duplicate for the preceding three months, together with a statutory declaration of the correctness thereof, and shall also produce and exhibit the register to a police officer of or above the rank of Inspector whenever required in writing by the officer.
Section 168Verify source
§ 169DEALINGS IN MINERALS - 169. Appointment of agent by holder of diamond dealer's licenceProvision

A holder of a diamond dealer's licence may appoint an agent to engage in diamond dealings, but the appointment does not exempt the licence holder from complying with the Act and licence conditions; an appointed agent may exercise the holder's rights subject to any limitations in the appointment agreement.

Section 169. Appointment of agent by holder of diamond dealer's licence Section 169(1) The holder of a diamond dealer's licence may appoint an agent for the purpose of engaging in diamond dealings on behalf of the licence holder. Section 169(2) The appointment of an agent under subsection (1) shall not operate to exempt the holder of a diamond dealer's licence from compliance with the relevant provisions of this Act and the conditions of the licence. Section 169(3)(a) the name and registered address of the agent; Section 169(3)(b) the date of the appointment of the agent; and Section 169(3)(c) the duration of the instrument of appointment between the licence holder and the agent and details of the terms and conditions of the agency agreement. Section 169(4) An agent appointed, by the holder of a diamond dealer's licence may exercise the rights of the holder of the licence subject to, any limitations on the powers of the agent contained in the agreement or instrument of appointment between the licence holder and the agent.
Section 169Verify source
§ 170DEALINGS IN MINERALS - 170. Mines supportProvision

Persons or companies must hold a licence issued by the Cabinet Secretary (on recommendation of the Mineral Rights Board) in order to provide mine support services; the Cabinet Secretary must prescribe Regulations to implement this section.

Section 170. Mines support Section 170(1) person or company shall provide any mine support services subject to being issued with a licence by the Cabinet Secretary, upon recommendation of the Mineral Rights Board. Section 170(2) The Cabinet Secretary shall prescribe Regulations to give effect to this section.
Section 170Verify source

Part XI

HEALTH, SAFETY AND ENVIRONMENT

§ 176HEALTH, SAFETY AND ENVIRONMENT - 176. Environmental laws to prevailProvision

Holders of mineral rights or licences must still comply with environmental protection laws; a mining licence cannot be granted unless the person has an environmental impact assessment licence, a social heritage assessment and an approved environmental management plan.

Section 176. Environmental laws to prevail Section 176(1) A mineral right or other licence or permit granted under this Act shall not exempt a person from complying with any law concerning the protection of the environment. Section 176(2) A mining licence shall not be granted to a person under this Act unless the person has obtained an environmental impact assessment licence, social heritage assessment and the environmental management plan has been approved.
Section 176Verify source
§ 177HEALTH, SAFETY AND ENVIRONMENT - 177. Water rights laws to prevailProvision

A provision of this Act or any right granted under a mineral right must not exempt a person from complying with the Water Act regarding rights to use water from any water resource.

Section 177. Water rights laws to prevail Section A provision of this Act and any right or entitlement conferred under a mineral right shall not exempt a person from compliance with the provisions of the Water Act (Cap. 372) concerning the right to the use of water from any water resource.
Section 177Verify source
§ 178HEALTH, SAFETY AND ENVIRONMENT - 178. Occupational health and safety.Provision

A provision of this Act or a mineral-right entitlement cannot be used to exempt anyone from complying with the Occupational Health and Safety Act; the Cabinet Secretary must make regulations for safety and health of mine workers and mining operations.

Section 178. Occupational health and safety. Section 178(1) A provision of this Act and a right or entitlement conferred under a mineral right shall not operate to exempt a person from compliance with the provisions of the Occupational Health and Safety Act (Cap. 236A) concerning the safety of workers and mine operations. Section 178(2) In addition to provisions in subsection (1), the Cabinet Secretary shall make Regulations for safety and health of persons employed in mines, and the carrying on of prospecting or mining operations in safe, proper, sanitary and effectual manner.
Section 178Verify source
§ 179HEALTH, SAFETY AND ENVIRONMENT - 179. Land useProvision

Promotes sustainable use of land by restoring abandoned mines and quarries.

Section 179. Land use Section the sustainable use of land through restoration of abandoned mines and quarries;
Section 179Verify source
§ 180HEALTH, SAFETY AND ENVIRONMENT - 180. Requirement of site restoration and mine-closure plansProvision

The Cabinet Secretary must not grant prospecting, retention or mining licences unless the applicant has submitted site mitigation and rehabilitation or mine-closure plans for approval; the Cabinet Secretary may prescribe Regulations for site rehabilitation and mine-closure obligations.

Section 180. Requirement of site restoration and mine-closure plans Section 180(1) The Cabinet Secretary shall not grant a prospecting licence, a retention licence or a mining licence to an applicant, unless the applicant has submitted a site mitigation and rehabilitation or mine-closure plans for approval. Section 180(2) The Cabinet Secretary may prescribe Regulations for site rehabilitation and mine-closure obligations.
Section 180Verify source
§ 181HEALTH, SAFETY AND ENVIRONMENT - 181. Environmental protection bondsProvision

Applicants for prospecting, retention or mining licences must provide an environmental protection bond (financial security) to cover environmental and rehabilitation obligations; the Cabinet Secretary sets its form and amount and may partially or fully release it upon satisfactory rehabilitation.

Section 181. Environmental protection bonds Section 181(1) An applicant for a prospecting licence, a retention licence or a mining licence shall provide a bond or some other form of financial security in this section called an environmental protection bond sufficient to cover the costs associated with the implementation of the environmental and rehabilitation obligations of the holder under this Act. Section 181(2) An environmental protection bond required under subsection (1) shall be in a form and for an amount as may be determined by the Cabinet Secretary having regard to the particular characteristics of the project. Section 181(3) In determining the form and amount of the bond referred to in subsection (2), the Cabinet Secretary shall take into account the amount that the applicant is required to provide by way of bond or some other form of financial security under the provisions of relevant Environmental Management and Coordination Act. Section 181(4) The Cabinet Secretary may release in part an environmental protection bond upon the satisfactory completion of rehabilitation measures undertaken within the duration of a licence and shall release the bond in full following the successful completion of all environmental and rehabilitation obligations mentioned in subsection (1).
Section 181Verify source

Part XII

FINANCIAL PROVISIONS

§ 182FINANCIAL PROVISIONS - 182. FeesProvision

Fees and charges may be prescribed for mineral rights, mineral dealer's licences and diamond dealer's licences and for application/report filings and access to geological data and public registers; prescribed charges may include annual charges payable on grant and shall be payable annually for the duration of the relevant right or licence; all fees and charges shall be demanded and recovered as a civil debt.

Section 182. Fees Section 182(1)(a) a mineral right; Section 182(1)(b) a mineral dealer's licence; or Section 182(1)(c) a diamond dealer's licence, Section 182(2)(a) application filing fees; Section 182(2)(b) report filing fees; Section 182(2)(c) fees for access to geological data; and Section 182(2)(d) fees for access to public registers. Section 182(3) The prescribed charges may include annual charges payable upon grant of the relevant mineral right, mineral dealer's permit or diamond dealer's licence. Section 182(4) The prescribed charges shall be payable annually for the duration of the mineral right, mineral dealer's permit or diamond dealer's licence. Section 182(5) All fees and charges payable under this Act shall be demanded and recovered in the same manner as a civil debt.
Section 182Verify source
§ 183FINANCIAL PROVISIONS - 183. RoyaltiesProvision

Holders of mineral rights must pay royalties to the State; the Cabinet Secretary sets rates and can require returns; royalty distributions are 70% National Government, 20% County Government, 10% local community.

Section 183. Royalties Section 183(1) The holder of a mineral right shall pay royalty to the State in respect of the various mineral classes won by virtue of the mineral right. Section 183(2) The Cabinet Secretary shall prescribe the rates payable under subsection (1). Section 183(3) The Cabinet Secretary may require the holder of a mineral right to make returns relating to any royalties paid in such manner and within a period as may be prescribed. Section 183(4) Any mineral samples including core samples, removed for the purposes of testing, shall not be subject to royalty unless they exceed maximum value stipulated in regulations. Section 183(5)(a) seventy percent to the National Government; Section 183(5)(b) twenty percent to the County Government; and Section 183(5)(c) ten percent to the community where the mining operations occur.
Section 183Verify source
§ 184FINANCIAL PROVISIONS - 184. Transfer of mineral rightProvision

A transaction for transfer of a mineral or mineral product is deemed to occur at the point of sale and is equal to the arm's length value of the mineral or mineral product.

Section 184. Transfer of mineral right Section A transaction for the transfer of a mineral or mineral product shall be deemed to have occurred at the point of sale and shall be equal to the arm's length value of the mineral or mineral product.
Section 184Verify source
§ 185FINANCIAL PROVISIONS - 185. Record to be kept by a mineral rights holderProvision

Mineral right holders must keep up-to-date records including quantity and commercially relevant characteristics; the Cabinet Secretary may appoint a qualified person to inspect records and samples to verify royalties.

Section 185. Record to be kept by a mineral rights holder Section 185(1) A mineral right holder who wins, extracts, produces, or disposes of minerals or mineral products shall maintain up to date records. Section 185(2)(a) the quantity; and Section 185(2)(b) the commercially relevant characteristics of the minerals or mineral products. Section 185(3) The Cabinet Secretary may designate a qualified person to inspect and examine any samples, books, records and accounts to ascertain the quantity, quality, grade or value of minerals or mineral products for the purpose of ascertaining or verifying the amount of any royalty payable.
Section 185Verify source
§ 186FINANCIAL PROVISIONS - 186. Payment of fees, charges and royaltiesProvision

Holders must pay all fees, charges and royalties to the State into the designated account; mineral right holders must report monthly royalty liability by the fifth business day; the State department issues receipts on payment; statements are delivered to the Mining Cadastre Office.

Section 186. Payment of fees, charges and royalties Section 186(1) All fees, charges and royalties payable by the holder to the State under this Act shall be paid by the holder into the designated account of the State department responsible for collecting royalties. Section 186(2)(a) details of the mineral or mineral product; Section 186(2)(b) the relevant point of sale; and Section 186(2)(c) the date and the amount of royalty paid. Section 186(3) A copy of the statement shall be delivered to the Mining Cadastre Office. Section 186(4) A mineral right holder shall report the royalty liability for each month by the fifth business day of the month. Section 186(5) Upon receipt of a royalty payment the State department responsible for collecting royalties shall issue a receipt.
Section 186Verify source
§ 187FINANCIAL PROVISIONS - 187. Default in paying royaltiesProvision

If a mineral right holder defaults on prescribed royalties the Mining Cadastre Office must issue a thirty day notice; the Mining Cadastre Office must record the outstanding royalties; the Cabinet Secretary must suspend the licence or permit; if unpaid within sixty days the Cabinet Secretary must revoke the licence or permit; the Cabinet Secretary may prohibit disposal of minerals where royalties are not paid within the prescribed period.

Section 187. Default in paying royalties Section 187(1) Where there is a default in payment of the prescribed royalties by a mineral right holder, the Mining Cadastre Office shall issue a thirty day notice to the mineral right holder requiring repayment of the outstanding royalties. Section 187(2)(a) the Mining Cadastre Office shall record the outstanding royalties in the cadastral register; and Section 187(2)(b) the Cabinet Secretary shall suspend the respective licence or permit. Section 187(3) In the event that the mineral right holder does not pay the royalties payable within sixty days, the Cabinet secretary shall revoke the licence or permit as the case may be. Section 187(4) Where the holder of mineral right fails to pay the prescribed royalty with the prescribed period, the Cabinet Secretary may prohibit the disposal of any mineral or mineral product from the mining area concerned, or from any other mining area held by that mineral right holder.
Section 187Verify source
§ 188FINANCIAL PROVISIONS - 188. Reduction or suspension of royaltiesProvision

Mineral right holders may apply to the Cabinet Secretary for a reduction or temporary suspension of a royalty rate; the Cabinet Secretary must make Regulations setting conditions and criteria for such applications.

Section 188. Reduction or suspension of royalties Section 188(1) A mineral right holder may apply to the Cabinet Secretary for a reduction or temporary suspension of a royalty rate. Section 188(2) The Cabinet Secretary shall make Regulations to provide for the conditions and criteria for determining applications for reduction or suspension Of payment of royalties.
Section 188Verify source
§ 189FINANCIAL PROVISIONS - 189. Recovery of royalty, fees and other chargesProvision

Unpaid fees, royalties or other charges payable under the Act are deemed debts due to the national government and may be recovered summarily.

Section 189. Recovery of royalty, fees and other charges Section A fee, royalty or other charge payable under this Act and which remains unpaid shall be deemed to be a debt due to the national government which may be recoverable summarily.
Section 189Verify source
§ 190FINANCIAL PROVISIONS - 190. Transfer pricingProvision

The Income Tax (Transfer Pricing) Rules (sub. leg) or successor legislation shall apply to transactions under this Act.

Section 190. Transfer pricing Section The Income Tax (Transfer Pricing) Rules (sub. leg) or successor legislation shall apply to transactions under this Act.
Section 190Verify source

Part XIII

RECORDS AND REGISTRATION OF MINERAL RIGHTS

§ 191RECORDS AND REGISTRATION OF MINERAL RIGHTS - 191. Register of mineral rightsProvision

Establish and maintain an up-to-date computerized mining cadastre and registry system including a register of mineral rights; the register is a public document and may be inspected as prescribed in Regulations.

Section 191. Register of mineral rights Section 191(1) There shall be established and maintained an up to date computerized mining cadastre and registry system, including a register of mineral rights. Section 191(2) The register of mineral rights shall be a public document and may be inspected in such a manner as may be prescribed in Regulations.
Section 191Verify source
§ 192RECORDS AND REGISTRATION OF MINERAL RIGHTS - 192. Requirement to enter information in registerProvision

Section 192 requires the register to record details of applications and changes to mineral rights, allows the Cabinet Secretary to prescribe additional records, requires an online facility for applications, makes the cadastre public (inspectable for a prescribed fee), and requires the National Land Commission to keep a copy.

Section 192. Requirement to enter information in register Section 192(1) The register established under section 164 shall contain details of each application, grant, assignment, transfer, notice, surrender, suspension and cancellation of a mineral right. Section 192(2) The Cabinet Secretary may prescribe such other records and instruments that shall entered into the register. Section 192(3) The computerized mining cadastre and registry system shall include an online transactional facility to enable applications for granting and renewal of mineral rights to be submitted online. Section 192(4) The cadastre shall be a public document and may be inspected by an interested person upon the payment of a prescribed fee. Section 192(5) The National Land Commission shall keep a copy of the cadastre.
Section 192Verify source
§ 193RECORDS AND REGISTRATION OF MINERAL RIGHTS - 193. Power to correct registerProvision

Power to correct the register when an error is made in the register.

Section 193. Power to correct register Section an error is made in the register; or
Section 193Verify source
§ 194RECORDS AND REGISTRATION OF MINERAL RIGHTS - 194. Replacement of originalsProvision

Prepare, endorse, certify and issue to the holder a copy of the original.

Section 194. Replacement of originals Section prepare, endorse, certify and issue to the holder a copy of the original; and
Section 194Verify source
§ 195RECORDS AND REGISTRATION OF MINERAL RIGHTS - 195. Evidentiary certificatesProvision

An evidentiary certificate concerns the grant, transfer, assignment, suspension, revocation or termination of a mineral right in accordance with the provisions of this Act.

Section 195. Evidentiary certificates Section the grant, transfer, assignment, suspension, revocation or termination of a mineral right in accordance with the provisions of this Act;
Section 195Verify source

Part XIV

MONITORING, COMPLIANCE AND ENFORCEMENT

§ 196MONITORING, COMPLIANCE AND ENFORCEMENT - 196. Appointment of inspectors of minesProvision

The Cabinet Secretary may designate qualified public officers as mines inspectors by Gazette notice; mines inspectors must monitor compliance, take enforcement action, and perform other required functions; the Cabinet Secretary shall issue inspectors with identification.

Section 196. Appointment of inspectors of mines Section 196(1) The Cabinet Secretary may, by notice in the Gazette , designate duly qualified public officers, to be inspectors of mines for such jurisdictional units as may be specified in the notice. Section 196(2) A mines inspector shall monitor compliance and take enforcement action and perform such other functions as may be required under this Act or specified in the notice of appointment. Section 196(3) The Cabinet Secretary shall issue a mines inspector with a document of identification.
Section 196Verify source
§ 197MONITORING, COMPLIANCE AND ENFORCEMENT - 197. General powers of search and inspectionOffence

The inspector (and in one clause the Cabinet Secretary or mining inspector) has broad powers to enter, inspect, sample, seize, install monitoring equipment (with notice), order safety changes or temporary cessation, and arrest with a warrant in relation to prospecting, mining or mineral processing operations.

Section 197. General powers of search and inspection Section 197(1)(a) enter, inspect and examine land on which prospecting or mining operations are being conducted or land which is the subject of a mineral right; Section 197(1)(b) enter into an area, structure, vehicle, vessel, aircraft or building that, in the opinion of the Cabinet Secretary or the mining inspector has been or is being used for or in connection with prospecting or mining operations; Section 197(1)(c) carry out periodic inspections of premises within the jurisdictional limits which have been or are being used for or in connection with prospecting or mining operations; Section 197(1)(d) enter, inspect and examine any premises where mineral dealings are being conducted; Section 197(1)(e) require the production of, inspect, examine, and take copies of licences, permits, registers, records of any kind and other documents relating to this Act and the carrying out of operations authorised by a mineral right, or other licence or permit granted under this Act; Section 197(1)(f) take samples of any article and substances to which this Act relates and submit such samples for testing and analysis in such a manner as may be prescribed; Section 197(1)(g) seize for a maximum period of seven days any article, vessel, motor vehicle, plant, equipment, substance or any other thing which the inspector reasonably believes has been used in the commission of an offence under this Act or regulations made thereunder; Section 197(1)(h) upon giving the holder three months' written notice, install any equipment on any land, premises, vessel or motor vehicle for the purposes of monitoring compliance with the provisions of this Act, or regulations made thereunder; Section 197(1)(i) enter into any premises to ascertain best mining and mineral processing practices including safety and health concerns; Section 197(1)(j) enter into any premises to examine and enquire into the condition and ventilation of any mine or any building used in or connected with prospecting, mining or mineral processing operations and all matters relating to safety, welfare and the health of persons employed in any such mine or building, including the inspection of the accident and incidents register; Section 197(1)(k) require such changes, as may be necessary in regard to the safety of the operation and protection of employees, to be implemented within a specified time, failing which the licence holder will be considered in breach; Section 197(1)(l) order the temporary cessation of operations where he considers that the mining or processing activities are so hazardous as to constitute a serious and imminent danger to life; Section 197(1)(m) enter into any premises used in or connected with prospecting, mining or mineral processing operations to examine the circumstances surrounding any accidents or incidents affecting the health of employees including the subsequent actions taken by licence holder; and Section 197(1)(n) with an arrest warrant and the assistance of a police officer, arrest any person whom he reasonably believes has committed an offence under this Act. Section 197(2) In exercising the powers under subsection (1), the inspector of mines shall carry the identification issued under this Act.
Section 197Verify source
§ 198MONITORING, COMPLIANCE AND ENFORCEMENT - 198. Power to intercept and detain minerals sent by post or courierOffence

Police officers (Inspector or above) may stop and inspect postal or courier articles containing diamonds or strategic minerals when they reasonably suspect an offence; they must serve written notices to identified dispatchers to attend for opening, and must open and examine detained articles at specified times, releasing them or detaining them pending a court order.

Section 198. Power to intercept and detain minerals sent by post or courier Section 198(1) A police officer of or above the rank of Inspector who has reasonable cause to believe that an article containing diamonds or any strategic mineral is being conveyed by post or courier in connection with the commission of an offence under this Act or Regulations made thereunder or an offence has been committed, may stop or cause the article to be stopped at any point in Kenya either during transit or otherwise. Section 198(2) If the person who dispatched the article referred to in subsection (1) can be ascertained and is in Kenya, the police officer shall by notice in writing personally served upon that person, require him to attend, either personally or by an agent duly authorized by him in writing, at the point at which the article is detained at a specified time which shall allow reasonable opportunity for his attendance or that of that agent, in order that he or the agent may be present at the opening and examination of the article. Section 198(3) At the time and place specified in a notice given under subsection (2) the police officer shall open the article in the presence of the person for the time being in charge of the point of detention, and if such person or such agent attends, in the presence of such person or such agent, and shall, after examination, either release the article for transmission or require the same to be detained pending an order of a court of competent jurisdiction. Section 198(4) If the person who dispatched the article cannot be ascertained or is not in Kenya, the police officer may at any time open the article at the point at which it is detained in the presence of the person for the time being in charge of the point of detention, and may examine the same, and shall, after examination, either release the article for transmission or require the same to be detained pending an order of a court of competent jurisdiction for the disposal thereof.
Section 198Verify source
§ 199MONITORING, COMPLIANCE AND ENFORCEMENT - 199. Powers of arrestOffence

Senior police officers (above Inspector) may arrest without warrant persons they reasonably believe committed an offence under the Act, and must take the arrested person before a court within the period specified in the Constitution and the Criminal Procedure Code.

Section 199. Powers of arrest Section A police officer above the rank of an Inspector may arrest, without warrant, any person whom he has reasonable grounds to believe has committed an offence under this Act, and shall take the person before a court within the period specified in the Constitution and the Criminal Procedure Code.
Section 199Verify source
§ 200MONITORING, COMPLIANCE AND ENFORCEMENT - 200. Court orders to cease operationsProvision

The Cabinet Secretary or a public officer may apply to the Environment and Land Court to order a person to immediately stop activities related to searching for, prospecting, or mining a mineral when they reasonably believe the operations contravene the Act.

Section 200. Court orders to cease operations Section The Cabinet Secretary or a public officer may apply to the Environment and Land Court for orders compelling a person to immediately stop activities and operations for, or connected with, the search for, prospecting, or mining of a mineral or mineral deposit in Kenya where he reasonably believes that such operations are being carried out in contravention of the provisions of this Act.
Section 200Verify source
§ 201MONITORING, COMPLIANCE AND ENFORCEMENT - 201. Powers to prosecuteOffence

Subject to Article 157 of the Constitution, an authorised officer may institute proceedings in respect of any contravention of any provision of this Act or for any offence committed under this Act.

Section 201. Powers to prosecute Section Subject to Article 157 of the Constitution, an authorised officer may institute proceedings in respect of any contravention of any provision of this Act or for any offence committed under this Act.
Section 201Verify source
§ 202MONITORING, COMPLIANCE AND ENFORCEMENT - 202. Offences relating to unauthorised operationsOffence

Section 202 creates offences relating to unauthorised operations and prescribes penalties: imprisonment not exceeding two years, a fine not exceeding ten million shillings, or both; and empowers the Court to order forfeiture of minerals on conviction or if satisfied an offence was committed even without a conviction.

Section 202. Offences relating to unauthorised operations Section 202(1)(a) imprisonment for a term not exceeding two years; Section 202(1)(b) a fine not exceeding ten million shillings; or Section 202(1)(c) both, an imprisonment term and a fine. Section 202(2) The Court may on the conviction of a person for the offence under subsection (1) or if it is satisfied that an offence was committed notwithstanding that no person has been convicted of the offence, order that minerals obtained in the commission of the offence be forfeited to the national government and be disposed of as the Court may direct.
Section 202Verify source
§ 203MONITORING, COMPLIANCE AND ENFORCEMENT - 203. Offences relating to unauthorised possession of mineralsOffence

Creates an offence of unauthorised possession of minerals punishable by imprisonment for a term not exceeding six months.

Section 203. Offences relating to unauthorised possession of minerals Section imprisonment for a term not exceeding six months;
Section 203Verify source
§ 204MONITORING, COMPLIANCE AND ENFORCEMENT - 204. Offences relating to mineral rights holdersOffence

Offences relating to mineral rights holders are punishable by imprisonment for a term not exceeding three years.

Section 204. Offences relating to mineral rights holders Section imprisonment for a term not exceeding three years;
Section 204Verify source
§ 205MONITORING, COMPLIANCE AND ENFORCEMENT - 205. Offences relating to monitoring and inspectionOffence

Lists offences relating to hindering, refusing entry or access, impersonation, and failing to comply with lawful orders directed at the Cabinet Secretary or an authorised public officer, and prescribes penalties including imprisonment up to three years, a fine of not less than one million shillings, or both.

Section 205. Offences relating to monitoring and inspection Section 205(1)(a) hinders or obstructs the Cabinet Secretary or an authorised public officer in the exercise of their duties under this Act or Regulations made thereunder; Section 205(1)(b) fails to comply with a lawful order or requirement made by the Cabinet Secretary or an authorised public officer in accordance with this Act or Regulations made thereunder; Section 205(1)(c) denies the Cabinet Secretary or an authorised public officer entry upon any land, premises, vehicle or aircraft that they are empowered to enter under this Act or Regulations made there under; Section 205(1)(d) impersonates the Cabinet Secretary or an authorised public officer; or Section 205(1)(e) denies the Cabinet Secretary or an authorised public officer access to records or documents kept pursuant to this Act or Regulations made thereunder, Section 205(2)(a) imprisonment for a term not exceeding three years; Section 205(2)(b) a fine of not less than one million shillings; or Section 205(2)(c) both an imprisonment term and a fine.
Section 205Verify source
§ 206MONITORING, COMPLIANCE AND ENFORCEMENT - 206. Offences relating to records and statementsOffence

Makes it an offence to fail to keep required records, fraudulently alter required records, or make false or misleading statements in applications, reports, notices, records or disclosures required under the Act, with penalties including imprisonment up to twenty-four months, a fine of not less than one million shillings, or both.

Section 206. Offences relating to records and statements Section 206(1)(a) fails to keep records required to be kept under this Act; Section 206(1)(b) fraudulently alters any records required to be kept under this Act; or Section 206(1)(c) makes false or misleading statements in any application, report, notice, records or disclosure of mineral value and statements that are required to be made under this Act, Section 206(2)(a) imprisonment for a term not exceeding twenty-four months; Section 206(2)(b) a fine of not less than one million shillings; or Section 206(2)(c) both an imprisonment term and a fine.
Section 206Verify source
§ 207MONITORING, COMPLIANCE AND ENFORCEMENT - 207. Offences relating to conditions of licences and permitsOffence

It states an offence for contravening provisions concerning the exercise of rights or obligations under a mineral right or under any other licence or permit obtained under the Act.

Section 207. Offences relating to conditions of licences and permits Section contravenes a provision of this Act or regulations prescribed thereunder concerning the exercise of rights or obligations under a mineral right or the exercise of rights or obligations under any other licence or permit obtained under this Act;
Section 207Verify source
§ 208MONITORING, COMPLIANCE AND ENFORCEMENT - 208. Offences relating to saltingOffence

It is an offence to place or deposit material with the intention of misleading another person about the mineral endowment or potential of a place.

Section 208. Offences relating to salting Section places or deposits material in a place with the intention of misleading another person as to the mineral endowment or potential of that place; or
Section 208Verify source
§ 209MONITORING, COMPLIANCE AND ENFORCEMENT - 209. Offences relating to malicious placing of minerals on premisesOffence

It is an offence for a person to maliciously place a mineral in another person's possession or premises with intent to have that person convicted under this Act or its Regulations.

Section 209. Offences relating to malicious placing of minerals on premises Section A person who maliciously places a mineral in the possession, or in the premises, of another person with intent that the other person shall be convicted of an offence under a provision of this Act or under any Regulations prescribed under this Act commits an offence and is liable on conviction to imprisonment for a term not exceeding twenty-four months, or to a fine of not less than five hundred thousand shillings, or to both such imprisonment and fine.
Section 209Verify source
§ 210MONITORING, COMPLIANCE AND ENFORCEMENT - 210. Offences relating to the unlawful disposal, export or import of mineralsOffence

A person who disposes of, transports, exports or imports a mineral otherwise than under this Act or licence commits an offence and on conviction faces up to two years' imprisonment, a fine at least five hundred thousand shillings (or a fine commensurate to the mineral's value), or both.

Section 210. Offences relating to the unlawful disposal, export or import of minerals Section A person who disposes of, transports, exports or imports a mineral, otherwise than in accordance with this Act or the conditions of a licence obtained under this Act, commits an offence and is liable on conviction to imprisonment for a term not exceeding two years, or to a fine commensurate to the value of the mineral but not less than five hundred thousand shillings, or to both such imprisonment and fine.
Section 210Verify source
§ 211MONITORING, COMPLIANCE AND ENFORCEMENT - 211. Offences relating to the unlawful disclosure of informationOffence

It is an offence for a person to disclose confidential information except as allowed by specified provisions; on conviction the person may be imprisoned for up to six months, fined up to five hundred thousand shillings, or both.

Section 211. Offences relating to the unlawful disclosure of information Section 211(1) A person who discloses confidential information otherwise than in accordance with this Act, commits an offence and shall be liable on conviction to imprisonment for a term not exceeding six months, or to a fine of not more than five hundred thousand shillings, or both a term of imprisonment and a fine. Section 211(2)(a) in accordance with a provision of this Act; Section 211(2)(b) in connection with the administration of this Act; Section 211(2)(c) in connection with monitoring carried out in accordance with a provision of this Act, or the enforcement of a provision of this Act; Section 211(2)(d) in connection with legal proceedings under this Act; Section 211(2)(e) for the preparation of Government statistics; Section 211(2)(f) for the purpose of making the information available to a public officer or a consultant engaged by the Government who has been duly authorised to receive the information for the purposes of the administration of this Act; or Section 211(2)(g) with the consent of the person who provided the information.
Section 211Verify source
§ 212MONITORING, COMPLIANCE AND ENFORCEMENT - 212. Offences by bodies corporate, partnerships, principals and employeesOffence

Section 212 imposes liability where offences are committed by corporate bodies, partnerships, persons, employees or agents and sets conditions for when directors, officers, employers, principals or persons are liable.

Section 212. Offences by bodies corporate, partnerships, principals and employees Section 212(1) Where an offence is committed by a body corporate, the body corporate and every director or officer thereof, or, in the case of a partnership, a partner or officer in the partnership, who had knowledge of the commission of the offence and who did not exercise due diligence, efficiency and economy to ensure compliance with this Act, commits an offence and is liable on conviction to be penalized accordingly. Section 212(2) A person is personally liable for an offence whether committed by him on his own account or as an agent or employee of another person. Section 212(3) An employer or principal maybe held liable for an offence committed by an employee or agent against this Act, unless the employer or principal proves that the offence was committed against his express or standing directions.
Section 212Verify source
§ 213MONITORING, COMPLIANCE AND ENFORCEMENT - 213. Attempts and abetmentOffence

A person who attempts to commit, or aids and abets, an offence under this Act (or its Regulations) is treated as having committed that offence and, if convicted, is liable to the same punishment as for the principal offence.

Section 213. Attempts and abetment Section A person who attempts to commit or aids and abets the commission of an offence under this Act or any Regulations made thereunder commits that offence and is liable, upon conviction, to the same punishment as provided for the principal offence under this Act.
Section 213Verify source
§ 214MONITORING, COMPLIANCE AND ENFORCEMENT - 214. Burden of proofProvision

When it is necessary to determine whether someone holds a mineral right, licence or permit (or is authorized to engage in mineral dealings), the person alleging that status bears the burden of proof.

Section 214. Burden of proof Section Whenever it is necessary to ascertain whether a person is the holder of a mineral right, or the holder of a licence or permit granted under this Act, or is otherwise authorized to engage in mineral dealings, the burden of proof shall lie on the person who alleges that he or she is the holder of the licence or permit.
Section 214Verify source
§ 215MONITORING, COMPLIANCE AND ENFORCEMENT - 215. General PenaltyOffence

If a person commits an offence under the Act or its regulations for which no penalty is specified, they are liable on conviction to imprisonment for up to two years, or a fine of not less than two million shillings, or both.

Section 215. General Penalty Section A person who commits an offence under this Act or regulations made under this Act for which no penalty is expressly provided, is liable on conviction to imprisonment for a term not exceeding two years or to a fine of not less than two million shillings or to both such imprisonment and fine.
Section 215Verify source
§ 216MONITORING, COMPLIANCE AND ENFORCEMENT - 216. Court orders relating to revocation of licences and permitsOffence

When an offence under this Act or its regulations is committed by the holder of a mineral right or other licence or permit, the Court may order that the mineral right, licence or permit be revoked.

Section 216. Court orders relating to revocation of licences and permits Section Where any offence, specified under this Act or by regulations made under this Act, is committed by the holder of a mineral right, or the holder of any other licence or permit given under this Act, the Court may, in addition to any other order, further order that the mineral right, licence or permit be revoked.
Section 216Verify source

Part XV

MISCELLANEOUS PROVISIONS

§ 217MISCELLANEOUS PROVISIONS - 217. Insurance coverProvision

Holders of mineral rights (or their appointed agents) carrying out prospecting or mining must maintain insurance covering specified risks, particularly employee health and safety; and must provide certified insurance documents to the Cabinet Secretary when requested.

Section 217. Insurance cover Section 217(1) The holder of a mineral right or an agent appointed by a holder who is undertaking prospecting or mining operations shall, with respect to those operations, maintain insurance cover in respect of the attached risks especially for health and safety of employees. Section 217(2) The holder or person mentioned in subsection (1) shall, where required by the Cabinet Secretary, furnish the Cabinet Secretary with certified copies of certificates of insurance that set out the insurance policy and any other documents that are required to demonstrate that the policy is valid, effective, and appropriate and covers the prescribed risks.
Section 217Verify source
§ 218MISCELLANEOUS PROVISIONS - 218. NoticesProvision

A notice sent to a person under this Act is deemed delivered if delivered personally or sent by registered post to the person's last known registered address.

Section 218. Notices Section Without prejudice to any other mode of service permitted under any rule of law, a notice sent to a person under this Act shall be deemed to have been delivered to the person if it is delivered personally, or sent by registered post to the last known registered address of the person.
Section 218Verify source
§ 219MISCELLANEOUS PROVISIONS - 219. Immunity of officialsProvision

The Cabinet Secretary and any public officer are exempt from being sued in a civil court for acts done in good faith when exercising or performing a function under this Act.

Section 219. Immunity of officials Section Neither the Cabinet Secretary nor any public officer, shall be liable to be sued in a civil court in respect of the exercise or performance, or exercise or performance, in good faith of a function under and for the purposes of this Act.
Section 219Verify source
§ 220MISCELLANEOUS PROVISIONS - 220. Prohibition against public officers acquiring interestsProvision

Public officers involved in administering this Act are prohibited from being granted mineral rights or certain licences and from holding interests in mining companies.

Section 220. Prohibition against public officers acquiring interests Section 220(1) A public officer responsible for the administration of the provisions of this Act shall not be eligible for the grant of a mineral right under this Act. Section 220(2) A public officer responsible for the administration of provisions of this Act shall not be eligible for the grant of a mineral dealers licence, a diamond dealer's licence, an export permit or an import permit under this Act. Section 220(3) A public officer shall not directly or indirectly acquire or retain a share or interest in a company carrying on prospecting or mining operations in Kenya.
Section 220Verify source
§ 221MISCELLANEOUS PROVISIONS - 221. Power to publish manuals, codes and guidelinesProvision

The Cabinet Secretary may publish and disseminate manuals, codes or guidelines relating to large-scale and small-scale operations, including environmental matters, and such publications may be used to show compliance or non-compliance with environmental obligations.

Section 221. Power to publish manuals, codes and guidelines Section 221(1) The Cabinet Secretary may publish and disseminate manuals, codes or guidelines relating to large scale and small scale operations, including in relation to environmental matters. Section 221(2) In developing manuals, codes and guidelines for the purposes of subsection (1), the Cabinet Secretary shall ensure that any such publications are consistent with guidelines issued by other Government departments, agencies and authorities. Section 221(3)(a) has complied with manuals, codes and guidelines may be used to show that the person has complied with his environmental obligations under this or any other Act; and Section 221(3)(b) has not complied with the guidelines, may be used to show that the person has not complied with those obligations.
Section 221Verify source
§ 222MISCELLANEOUS PROVISIONS - 222. Radioactive mineralsProvision

People who find radioactive minerals must notify the Cabinet Secretary immediately; holders of mineral rights must also submit a monthly written report to the Cabinet Secretary and the Director of Geology within the first week of each month about the previous month's prospecting and mining operations for radioactive minerals.

Section 222. Radioactive minerals Section 222(1) Where a radioactive mineral is discovered in the course of exercising a right under this Act or under another enactment, the holder of the mineral right or another person shall immediately notify the Cabinet Secretary of the discovery. Section 222(2) Where a radioactive mineral is discovered on land other than land which is subject to a mining right, the owner of the land shall immediately notify the Cabinet Secretary of that discovery. Section 222(3) The holder of a mineral right shall within the first week of each month furnish the Cabinet Secretary and the Director of Geology with a true report in writing of the prospecting and mining operations conducted by the holder in the immediately preceding month with respect to radioactive minerals.
Section 222Verify source
§ 223MISCELLANEOUS PROVISIONS - 223. Power to make regulationsProvision

The Cabinet Secretary may make regulations necessary or convenient for the proper administration and implementation of this Act.

Section 223. Power to make regulations Section 223(1) The Cabinet Secretary may make Regulations necessary or convenient for the proper administration and implementation of this Act. Section 223(2)(a) the fees, royalties, rent and other charges that are payable under this Act or the manner in which they are to be calculated; Section 223(2)(b) the royalties that are payable for specific minerals or the manner in which they are to be calculated; Section 223(2)(c) the manner in which an area referred to in a mineral right shall be demarcated; Section 223(2)(d) the manner in which records, accounts, books and other documents shall be kept, retained and made available for inspection; Section 223(2)(e) the procedures to be followed in respect of tendering in areas that have been designated for tendering for large scale operations in accordance with this Act; Section 223(2)(f) the measures to be observed in respect of radioactive and other restricted minerals including, the storage and transportation of radioactive and restricted minerals and the sale or supply of such minerals; Section 223(2)(g) the measures to be included in programmes for prospecting and mining operations that require the Cabinet Secretary's approval; Section 223(2)(h) the measures to be observed to protect and rehabilitate the environment; Section 223(2)(i) procedures for the grant of mineral rights and guidelines for exploration and mining in Kenya's territorial sea, exclusive economic zone and the continental shelf; Section 223(2)(j) the areas that are excluded areas under this Act; Section 223(2)(k) the categories of mineral rights that are not to be granted in prescribed areas; Section 223(2)(l) the form of any licence, permit, form, return or other document to be used for the purposes of this Act; and Section 223(2)(m) anything which may be prescribed under this Act and for the better carrying into effect the provisions of this Act.
Section 223Verify source
§ 224MISCELLANEOUS PROVISIONS - 224. Regulation timelinesProvision

Regulations required to bring this Act into effect must be made within one year after the Act comes into force.

Section 224. Regulation timelines Section The Regulations necessary to bring into effect the provisions of this Act shall be made within one year after the coming into force of this Act.
Section 224Verify source

Legislative relationships

9 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

4 instruments

  • Act The Act

    Section 2

  • Cabinet Secretary The Cabinet Secretary must administer this Act

    Section 12

  • Companies Act

    Section 11

  • Environment Management and Co-ordination Act

    Section 117

G–M

2 instruments

  • Kenya before they are sold. Section 8(2) The Cabinet Secretary may make Regulations

    Section 8

  • Mineral Rights Board. Section 170(2) The Cabinet Secretary shall prescribe Regulations

    Section 170

N–S

2 instruments

  • Occupational Health and Safety Act

    Section 178

  • Proceeds of Crime and Anti-Money Laundering Act

    Section 16A

T–Z

1 instrument

  • Water Act

    Section 177

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  • 20 Jun 2025 · currentEnglish

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