Generally, an application for a mineral right must show whether the mining
activity will use water for prospecting, exploration and mining operations within
the defined boundaries of his or her mineral right or if any natural source of water
will be used for washing product at the site.
48 It must also be indicated that the
applicant for licence intends to convey specified water to the area of his or her
mineral right from any natural water supply outside the boundaries of the mineral
right required for the relevant operations or wants to occupy any land that may be
required for the construction of a dam, reservoir or pumping station and for the
conveyance of such water to the area where the water is used, by means of pipes,
duets, flumes, furrows or otherwise, and for such conveyance to have a right of
passageway.
49 Where he decides to construct any works that will be used for the
collection, storage or conveyance of such water, he is also required to so indicate in
the application.
50 In all cases relating to acquisition of the right to use water in any
manner particularly for the above purposes, Water Act, 1995, is the applicable law.
51
The overarching provision is that rights in wetlands and in the waters of any spring,
stream, river, watercourse, pond or lake on or under public land, are vested in the
Government; and no such wetlands or water shall be obstructed, dammed, diverted,
polluted or otherwise interfered with, directly or indirectly, except in accordance
with the Water Act.
52
Where such industrial or commercial sand mining is to be carried out in a national
park or game reserve, written permission of the authority having control of the park
or game reserve must be sought.
53 The relevant authority in charge of wildlife
conservation areas such as game reserves and national parks is the National Wildlife
Authority whose statutory functions include controlling and monitoring industrial
and mining activities in wildlife protected areas.
54 In instances where such mining
activities take place within a forest reserve, it must be with the consent of the body in
charge of forestry.
55
Generally, the holder of a mining lease may, if he or she requires the exclusive use
of the whole or any part of the mining area concerned, and if so requested by the
Schedule to this regulation. Same explicit provisions are not made in respect of wetland. However,
pursuant to regulation 11 of the Regulations, the second schedule to the Regulations lists exploitative commercial activities on wetland as one of the regulated activities on wetlands.
48 Sec. 87(a-b) Mining Act.
49 Sec. 87(c-d) Mining Act.
50 Sec. 87(e) Mining Act.
51 Sec. 87(2) Mining Act.
52 See Sec. 86 Mining Act.
53 This is by the implication of Section 78(1)(g) Mining Act.
54 See Sec. 5(h) Uganda Wildlife Act.
55 See Sec. 78(1) h) Uganda Wildlife Act. The consent referred to here and in other instances earlier
discussed must be made in line with the relevant instruments of the agencies concerned such as
National Forestry Authority in this instance. See Sec. 78 (2) which provides: “Any consent under
subsection (1) of this section may be given subject to such conditions as are specified in the
instrument of consent.”
The Legal Framework for Sand Mining in Uganda
111
activity will use water for prospecting, exploration and mining operations within
the defined boundaries of his or her mineral right or if any natural source of water
will be used for washing product at the site.
48 It must also be indicated that the
applicant for licence intends to convey specified water to the area of his or her
mineral right from any natural water supply outside the boundaries of the mineral
right required for the relevant operations or wants to occupy any land that may be
required for the construction of a dam, reservoir or pumping station and for the
conveyance of such water to the area where the water is used, by means of pipes,
duets, flumes, furrows or otherwise, and for such conveyance to have a right of
passageway.
49 Where he decides to construct any works that will be used for the
collection, storage or conveyance of such water, he is also required to so indicate in
the application.
50 In all cases relating to acquisition of the right to use water in any
manner particularly for the above purposes, Water Act, 1995, is the applicable law.
51
The overarching provision is that rights in wetlands and in the waters of any spring,
stream, river, watercourse, pond or lake on or under public land, are vested in the
Government; and no such wetlands or water shall be obstructed, dammed, diverted,
polluted or otherwise interfered with, directly or indirectly, except in accordance
with the Water Act.
52
Where such industrial or commercial sand mining is to be carried out in a national
park or game reserve, written permission of the authority having control of the park
or game reserve must be sought.
53 The relevant authority in charge of wildlife
conservation areas such as game reserves and national parks is the National Wildlife
Authority whose statutory functions include controlling and monitoring industrial
and mining activities in wildlife protected areas.
54 In instances where such mining
activities take place within a forest reserve, it must be with the consent of the body in
charge of forestry.
55
Generally, the holder of a mining lease may, if he or she requires the exclusive use
of the whole or any part of the mining area concerned, and if so requested by the
Schedule to this regulation. Same explicit provisions are not made in respect of wetland. However,
pursuant to regulation 11 of the Regulations, the second schedule to the Regulations lists exploitative commercial activities on wetland as one of the regulated activities on wetlands.
48 Sec. 87(a-b) Mining Act.
49 Sec. 87(c-d) Mining Act.
50 Sec. 87(e) Mining Act.
51 Sec. 87(2) Mining Act.
52 See Sec. 86 Mining Act.
53 This is by the implication of Section 78(1)(g) Mining Act.
54 See Sec. 5(h) Uganda Wildlife Act.
55 See Sec. 78(1) h) Uganda Wildlife Act. The consent referred to here and in other instances earlier
discussed must be made in line with the relevant instruments of the agencies concerned such as
National Forestry Authority in this instance. See Sec. 78 (2) which provides: “Any consent under
subsection (1) of this section may be given subject to such conditions as are specified in the
instrument of consent.”
The Legal Framework for Sand Mining in Uganda
111