considered particularly in the context of impacts on farm lands. In view of this, the
study seeks to consider the legal aspects of sand mining in Uganda. The primary
objective of this study is to carry out a legal analysis of laws relating to sand mining
in Uganda. Specifically, the chapter will analyze relevant provisions in the law as it
stands now. To that effect, recommendation is made to improve on the laws
governing the mining of sands in the country.
3 The Meaning of Sand Mining
It is apposite starting an attempt to understand sand mining with what sand means
both in itself and in relation to soil which is an important part of the lithosphere.
8 In
one sense, sand is defined as a loose material that consists of broken rocks or mineral
grains. In another sense, the word sand is used to describe a specific category of soil
which contains more than eighty five percent of sand-sized particles. The word soil is
derived from a Latin word solum which means earthy material.
9 In agricultural
terms, soil is simply the top layer of the earth which supports plant life.
10 It is the
top layer of the land surface of the earth that is made of smashed rock particles,
water, humus, and air.
While both can be distinguished in the first sense above described, in the second
sense sand is characterized as a type of soil. For the purpose of this work, sand is
used in the two senses as both are important for agricultural productivity.
11
Sand mining is a multi-billion dollar industry selling at an average of $90 per
cubic yard.
12 Sand mining is the extraction of sand normally through an open pit and
from beaches and inland dunes as well as from sea, lake and river beds. Sand is used
in manufacturing in a number of ways, for example, as an abrasive or in concrete. It
is also used on icy and snowy roads, usually mixed with salt, to lower the melting
point temperature on the road surface. Sand can replace eroded coastline. Sand is
excavate sand from three sites on the lake shores of Nkumba near Entebbe, near Kimi Island in
Mukono District and near Kavejanja-Buusi Island, Wakiso District. But NEMA rejected the EIA on
the basis that the company’s activities would have a negative impact on the marine ecology. In a
letter to Mango Tree Group directors dated 1st June 2017, Dr Tom Okurut, the NEMA executive
director, explained that Kimi Island, for instance, is a tilapia breeding area, Buusi and Nkumba are
breeding and nursery areas for Nile Perch as well as active fishing grounds, which must not be
tampered with. See AllAfrica (February 2nd, 2018).
8 Lithosphere refers to the solid component of the earth and includes the crust mantle as well as outer
and inner core. See Prabakhar (2000), pp. 125–126.
9 Prabakhar (2000), p. 126.
10 Rajan and Rao (2007), p. 1.
11 The mineral part of soil is divided into three particle-size categories: sand, silt, and clay. It should
be noted that sand, clay and silt are collectively characterised as the fine earth fraction of soil: they
are 2 mm in diameter.
12 According to one estimate, it is worth $70 billion. See Mills and Staats Shrinking Shores: Florida
sand shortage leaves beaches in lurch. See Naples News (January 13th, 2017).
The Legal Framework for Sand Mining in Uganda
103
study seeks to consider the legal aspects of sand mining in Uganda. The primary
objective of this study is to carry out a legal analysis of laws relating to sand mining
in Uganda. Specifically, the chapter will analyze relevant provisions in the law as it
stands now. To that effect, recommendation is made to improve on the laws
governing the mining of sands in the country.
3 The Meaning of Sand Mining
It is apposite starting an attempt to understand sand mining with what sand means
both in itself and in relation to soil which is an important part of the lithosphere.
8 In
one sense, sand is defined as a loose material that consists of broken rocks or mineral
grains. In another sense, the word sand is used to describe a specific category of soil
which contains more than eighty five percent of sand-sized particles. The word soil is
derived from a Latin word solum which means earthy material.
9 In agricultural
terms, soil is simply the top layer of the earth which supports plant life.
10 It is the
top layer of the land surface of the earth that is made of smashed rock particles,
water, humus, and air.
While both can be distinguished in the first sense above described, in the second
sense sand is characterized as a type of soil. For the purpose of this work, sand is
used in the two senses as both are important for agricultural productivity.
11
Sand mining is a multi-billion dollar industry selling at an average of $90 per
cubic yard.
12 Sand mining is the extraction of sand normally through an open pit and
from beaches and inland dunes as well as from sea, lake and river beds. Sand is used
in manufacturing in a number of ways, for example, as an abrasive or in concrete. It
is also used on icy and snowy roads, usually mixed with salt, to lower the melting
point temperature on the road surface. Sand can replace eroded coastline. Sand is
excavate sand from three sites on the lake shores of Nkumba near Entebbe, near Kimi Island in
Mukono District and near Kavejanja-Buusi Island, Wakiso District. But NEMA rejected the EIA on
the basis that the company’s activities would have a negative impact on the marine ecology. In a
letter to Mango Tree Group directors dated 1st June 2017, Dr Tom Okurut, the NEMA executive
director, explained that Kimi Island, for instance, is a tilapia breeding area, Buusi and Nkumba are
breeding and nursery areas for Nile Perch as well as active fishing grounds, which must not be
tampered with. See AllAfrica (February 2nd, 2018).
8 Lithosphere refers to the solid component of the earth and includes the crust mantle as well as outer
and inner core. See Prabakhar (2000), pp. 125–126.
9 Prabakhar (2000), p. 126.
10 Rajan and Rao (2007), p. 1.
11 The mineral part of soil is divided into three particle-size categories: sand, silt, and clay. It should
be noted that sand, clay and silt are collectively characterised as the fine earth fraction of soil: they
are 2 mm in diameter.
12 According to one estimate, it is worth $70 billion. See Mills and Staats Shrinking Shores: Florida
sand shortage leaves beaches in lurch. See Naples News (January 13th, 2017).
The Legal Framework for Sand Mining in Uganda
103