provision is placed in the context of the definition of minerals under the Act, the
status of sand as a mineral, if it fulfills statutory requirement to that effect puts it in
similar category with what the Act calls precious minerals.
29 Repeated for emphasis
“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.”
30 The definition only excludes petroleum,
31 water
or building materials. It does not exclude what the Act calls industrial minerals
including sands which are commercially mined for use or industrially processed into
finished or semi-finished products.
The basic difference between building mineral or sand on one hand and industrial
mineral or sand on the other hand is that the former is for domestic or noncommercial
use while the latter is for commercial or industrial use. In the latter case it must be
one “commercially mined by a person for use in Uganda or industrially processed
into finished or semi-finished products” Sand rich in silica is used for making
glasses, that is an example of industrial use, sand excavated for sale to be used for
construction work, that is a commercial use. Sand mined in both instances and other
similar cases is thus classified as industrial mineral.
Where sand is mined for the purpose of extracting minerals that are classified
under the Mining Act as precious minerals, would such fall under industrial minerals, building minerals or precious minerals categories? Precious minerals can
either be precious stones or precious metals.
32 Precious stones include agate,
amber, amethyst, cat’s eye, chrysolite, diamond, emerald, garnet, opal, ruby, sapphire, turquoise and all other substances of a similar nature to any of them.
33
Precious metals include gold, silver, platinum, iridium, osmium, palladium, ruthenium, rhodium, or any other rare earth elements.
34 It is submitted that where sand is
mined for the purpose of eventually extracting any of the above mentioned minerals
or minerals of similar nature with them; it would be neither building minerals nor
even industrial minerals as defined in the Act and as described above. The operative
words for “building mineral” imply that rock, clay, gravel, laterite, murram, sand,
sandstone and slate themselves are put to own use or meant for domestic use.
35
Similarly, in the description of “industrial minerals” the operative words imply that
29 Precious minerals are categorised into previous stone and precious metals. According to the Act
“precious minerals” include—(i) precious stones, namely agate, amber, amethyst, cat’s eye, chrysolite, diamond, emerald, garnet, opal, ruby, sapphire, turquoise and all other substances of a similar
nature to any of them; and (ii) precious metals, namely gold, silver, platinum, iridium, osmium,
palladium, ruthenium, rhodium, or any other rare earth elements” See Sec 2 Mining Act.
30 Sec. 2 Mining Act.
31 Petroleum is defined under the Petroleum (Exploration, Development and Production) Act, PEDP
Act (2013).
32 Sec. 2 Mining Act.
33 Sec. 2 Mining Act.
34 Sec. 2 Mining Act.
35 Sec. 2 Mining Act.
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T. Sanni
status of sand as a mineral, if it fulfills statutory requirement to that effect puts it in
similar category with what the Act calls precious minerals.
29 Repeated for emphasis
“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.”
30 The definition only excludes petroleum,
31 water
or building materials. It does not exclude what the Act calls industrial minerals
including sands which are commercially mined for use or industrially processed into
finished or semi-finished products.
The basic difference between building mineral or sand on one hand and industrial
mineral or sand on the other hand is that the former is for domestic or noncommercial
use while the latter is for commercial or industrial use. In the latter case it must be
one “commercially mined by a person for use in Uganda or industrially processed
into finished or semi-finished products” Sand rich in silica is used for making
glasses, that is an example of industrial use, sand excavated for sale to be used for
construction work, that is a commercial use. Sand mined in both instances and other
similar cases is thus classified as industrial mineral.
Where sand is mined for the purpose of extracting minerals that are classified
under the Mining Act as precious minerals, would such fall under industrial minerals, building minerals or precious minerals categories? Precious minerals can
either be precious stones or precious metals.
32 Precious stones include agate,
amber, amethyst, cat’s eye, chrysolite, diamond, emerald, garnet, opal, ruby, sapphire, turquoise and all other substances of a similar nature to any of them.
33
Precious metals include gold, silver, platinum, iridium, osmium, palladium, ruthenium, rhodium, or any other rare earth elements.
34 It is submitted that where sand is
mined for the purpose of eventually extracting any of the above mentioned minerals
or minerals of similar nature with them; it would be neither building minerals nor
even industrial minerals as defined in the Act and as described above. The operative
words for “building mineral” imply that rock, clay, gravel, laterite, murram, sand,
sandstone and slate themselves are put to own use or meant for domestic use.
35
Similarly, in the description of “industrial minerals” the operative words imply that
29 Precious minerals are categorised into previous stone and precious metals. According to the Act
“precious minerals” include—(i) precious stones, namely agate, amber, amethyst, cat’s eye, chrysolite, diamond, emerald, garnet, opal, ruby, sapphire, turquoise and all other substances of a similar
nature to any of them; and (ii) precious metals, namely gold, silver, platinum, iridium, osmium,
palladium, ruthenium, rhodium, or any other rare earth elements” See Sec 2 Mining Act.
30 Sec. 2 Mining Act.
31 Petroleum is defined under the Petroleum (Exploration, Development and Production) Act, PEDP
Act (2013).
32 Sec. 2 Mining Act.
33 Sec. 2 Mining Act.
34 Sec. 2 Mining Act.
35 Sec. 2 Mining Act.
108
T. Sanni