It is the responsibility of the State, as the custodian and trustee of natural
resources,
22 to protect the environment from degradation of whatever type. In
terms of the Constitution, the State is mandated to promote sustainable development
and public awareness of the need to manage land, air, water resources in a balanced
and sustainable means for the present and future generations.
23 Pursuant to this, the
government is to make laws and policies to regulate the use of land.
24
Under Ugandan laws, sand is considered a mineral resource and generally subject
of mineral right as provided for under the Mining Act.
25 In terms of the Mining Act,
mineral “means any substance, whether in solid, liquid or gaseous form occurring
naturally in or on the earth, formed by or subject to a geological process, but does not
include petroleum, as defined in the Petroleum (Exploration and Production) Act,
1985, water or building mineral”.
26
Sand depending on how it is characterized falls under building mineral or
industrial mineral. Building mineral refers to “rock, clay, gravel, laterite, murram,
sand, sandstone and slate, which is mined by a person from land owned or lawfully
occupied by him or her for his or her own domestic use in Uganda for building, or
mined by a person for his or her own use for road-making, and includes such other
minerals as the Minister may from time to time declare by notice published in the
Gazette, to be building minerals.”
27 Article 244(1)(3) of the constitution refers to this
category: they are not to be considered as minerals for the purpose of the provisions
in that part of the Constitution (namely ART, 244).
A number of important and relevant points flow from the above provision. First,
sand is generally not considered a mineral in that particular provision. While in
practice this is strictly observed and sand is never treated as a mineral, the above
provision’s emphasis on ‘own domestic use’ leaves a gap that appears to exclude
commercial sand mining. If the provision is read in the context of other provisions of
the Act and other laws, can that position legally hold water under all circumstances
as is generally believed? A holistic reading of the Act does suggest that commercially mined sand enjoys classification as a mineral resource. To this effect, consider
definition of industrial mineral. According to the Act, industrial minerals “means
barite, rock, clay, dolomite, feldspar, granite, gravel, gypsum, laterite, limestone,
mica, magnesite, marble, phosphate rock, sand, sandstone, slate and talc, which is
commercially mined by a person for use in Uganda or industrially processed into
finished or semi-finished products, and includes such other minerals as the Minister
may from time to time declare by notice published in the Gazette, to be industrial
minerals”.
28 That definition includes sand which is commercially mined. When this
22 See Constitution Art. 26, see also Section 44 Land Act.
23 Constitution of Republic of Uganda, Directive Principles of State Policy xxvii(i).
24 Art. 242 of the Constitution of Republic of Uganda.
25 Mining Act (2003).
26 See Sec. 2 Mining Act.
27 Sec. 2 Mining Act.
28 Sec. 1 Mining Act.
The Legal Framework for Sand Mining in Uganda
107
resources,
22 to protect the environment from degradation of whatever type. In
terms of the Constitution, the State is mandated to promote sustainable development
and public awareness of the need to manage land, air, water resources in a balanced
and sustainable means for the present and future generations.
23 Pursuant to this, the
government is to make laws and policies to regulate the use of land.
24
Under Ugandan laws, sand is considered a mineral resource and generally subject
of mineral right as provided for under the Mining Act.
25 In terms of the Mining Act,
mineral “means any substance, whether in solid, liquid or gaseous form occurring
naturally in or on the earth, formed by or subject to a geological process, but does not
include petroleum, as defined in the Petroleum (Exploration and Production) Act,
1985, water or building mineral”.
26
Sand depending on how it is characterized falls under building mineral or
industrial mineral. Building mineral refers to “rock, clay, gravel, laterite, murram,
sand, sandstone and slate, which is mined by a person from land owned or lawfully
occupied by him or her for his or her own domestic use in Uganda for building, or
mined by a person for his or her own use for road-making, and includes such other
minerals as the Minister may from time to time declare by notice published in the
Gazette, to be building minerals.”
27 Article 244(1)(3) of the constitution refers to this
category: they are not to be considered as minerals for the purpose of the provisions
in that part of the Constitution (namely ART, 244).
A number of important and relevant points flow from the above provision. First,
sand is generally not considered a mineral in that particular provision. While in
practice this is strictly observed and sand is never treated as a mineral, the above
provision’s emphasis on ‘own domestic use’ leaves a gap that appears to exclude
commercial sand mining. If the provision is read in the context of other provisions of
the Act and other laws, can that position legally hold water under all circumstances
as is generally believed? A holistic reading of the Act does suggest that commercially mined sand enjoys classification as a mineral resource. To this effect, consider
definition of industrial mineral. According to the Act, industrial minerals “means
barite, rock, clay, dolomite, feldspar, granite, gravel, gypsum, laterite, limestone,
mica, magnesite, marble, phosphate rock, sand, sandstone, slate and talc, which is
commercially mined by a person for use in Uganda or industrially processed into
finished or semi-finished products, and includes such other minerals as the Minister
may from time to time declare by notice published in the Gazette, to be industrial
minerals”.
28 That definition includes sand which is commercially mined. When this
22 See Constitution Art. 26, see also Section 44 Land Act.
23 Constitution of Republic of Uganda, Directive Principles of State Policy xxvii(i).
24 Art. 242 of the Constitution of Republic of Uganda.
25 Mining Act (2003).
26 See Sec. 2 Mining Act.
27 Sec. 2 Mining Act.
28 Sec. 1 Mining Act.
The Legal Framework for Sand Mining in Uganda
107