barite, rock, clay, dolomite, feldspar, granite, gravel, gypsum, laterite, limestone,
mica, magnesite, marble, phosphate rock, sand, sandstone, slate and talc are themselves used and are commercially mined or industrially processed.
The implication of the legal characterization of the types of sand mining that falls
under industrial minerals regime (or precious minerals regime) is that the specific
rules governing mining under the Act apply to them mutantis mutandis.
36 This
translates to mean that miners of sand at industrial or commercial levels are statutorily required to pay royalties contrary to what obtains at the present.
37
It is provided that all minerals mined in the course of prospecting, exploration,
mining or mineral beneficiation operations shall be subject to the payment of
royalties on their gross value which is calculated on the basis of the prevailing
market price of the minerals at such rates as shall be prescribed by the relevant
authority.
38 The owner of such lands is entitled to such royalties which is not being
paid under the current dispensation.
In terms of the Act
The owner or lawful occupier of any land subject to a mineral right is entitled to compensation under either section 82 of this Act or to a share of royalties under section 98 of this
Act.
39
It should be noted that the laws governing environmental sustainability in the
mineral sector also applies to this category of mining namely sand mining. The
relevant provisions are discussed in Environmental Sustainability and Sand Mining
under three subheadings to wit: Environmental Restrictions and Sand Mining,
Environmental Impact Assessment in the Sand mining Industry and Soil Standards
vis-à-vis Sand mining.
6 Sand Mining and Environmental Sustainability
Apart from the provisions of National Environment Act, there are specific provisions
in the Mining Act for environmental protection in the mining sector. Such provisions
offer special protection to the environment including the soil in the face of mining
activities. Neither is a mining lease to be granted nor renewed without taking into
cognizance environmental implications thereof.
40
36 One of such rules in the case precious minerals is that relating to the Gold Smith Licence. The Act
provides that no person shall manufacture any article from any precious mineral or from any
substance containing any precious mineral without obtaining a licence to that effect called goldsmith’s licence. See Sec. 73 and 74 Mining Act.
37 Sec. 98 Mining Act.
38 Sec. 98 Mining Act. The section is subject to sec 100 of the Act.
39 See Sec. 83 Mining Act. Section 82 provides for compensation in general while section 98 is
about royalties.
40 See Secs. 43(3)(b) and 47 of the Mining Act.
The Legal Framework for Sand Mining in Uganda
109
mica, magnesite, marble, phosphate rock, sand, sandstone, slate and talc are themselves used and are commercially mined or industrially processed.
The implication of the legal characterization of the types of sand mining that falls
under industrial minerals regime (or precious minerals regime) is that the specific
rules governing mining under the Act apply to them mutantis mutandis.
36 This
translates to mean that miners of sand at industrial or commercial levels are statutorily required to pay royalties contrary to what obtains at the present.
37
It is provided that all minerals mined in the course of prospecting, exploration,
mining or mineral beneficiation operations shall be subject to the payment of
royalties on their gross value which is calculated on the basis of the prevailing
market price of the minerals at such rates as shall be prescribed by the relevant
authority.
38 The owner of such lands is entitled to such royalties which is not being
paid under the current dispensation.
In terms of the Act
The owner or lawful occupier of any land subject to a mineral right is entitled to compensation under either section 82 of this Act or to a share of royalties under section 98 of this
Act.
39
It should be noted that the laws governing environmental sustainability in the
mineral sector also applies to this category of mining namely sand mining. The
relevant provisions are discussed in Environmental Sustainability and Sand Mining
under three subheadings to wit: Environmental Restrictions and Sand Mining,
Environmental Impact Assessment in the Sand mining Industry and Soil Standards
vis-à-vis Sand mining.
6 Sand Mining and Environmental Sustainability
Apart from the provisions of National Environment Act, there are specific provisions
in the Mining Act for environmental protection in the mining sector. Such provisions
offer special protection to the environment including the soil in the face of mining
activities. Neither is a mining lease to be granted nor renewed without taking into
cognizance environmental implications thereof.
40
36 One of such rules in the case precious minerals is that relating to the Gold Smith Licence. The Act
provides that no person shall manufacture any article from any precious mineral or from any
substance containing any precious mineral without obtaining a licence to that effect called goldsmith’s licence. See Sec. 73 and 74 Mining Act.
37 Sec. 98 Mining Act.
38 Sec. 98 Mining Act. The section is subject to sec 100 of the Act.
39 See Sec. 83 Mining Act. Section 82 provides for compensation in general while section 98 is
about royalties.
40 See Secs. 43(3)(b) and 47 of the Mining Act.
The Legal Framework for Sand Mining in Uganda
109