agencies such as Ministry of Water & Environment, Ministry of Energy & Mineral
Development, NEMA, etc. have statutory roles relating to sand mining. The
National Environment Authority is required by law to establish criteria and procedures for the measurement and determination of soil standards and the minimum
standards for the management of soil quality.
72 The authority is required to carry out
this function in consultation with the lead agency. However, the lead agency is
neither categorically specified by the National Environment Act nor by any other
law. It would seem legally plausible that this role is performed by such bodies as the
relevant department in the Ministry of Agriculture particularly Soil and Water
Conservation Department though this department is not an independent agency. In
particular cases such as in forestry and tree planting, an agency such as National
Forestry and Tree Planting Authority may serve as the required lead agency. The
functions of the later include cooperating and coordinating with the National Environment Management Authority and other lead agencies in the management of forest
resources.
73 The Authority also has the function of working in conjunction with
other regulatory authorities to control and monitor industrial and mining developments in central forest reserves.
74 Where sand is to be mined for industrial and/or
commercial purposes in forest reserves, the Authority will, on the basis of these
statutory functions, have a say. The Authority will coordinate with the body created
under the Mining Act for mining activities. The Mining Act provides for the office of
Commissioner for Geological Survey and Mines Department to be appointed by the
president.
75 The department is under the Ministry of Mineral and Energy Resources.
The Commissioner has the powers to enter any land for the purpose of inspecting
mining operations to ascertain whether the operations are in compliance with the
law.
76 The Commissioner also has the power to take soil samples for examination
purpose.
77
8 Lessons from Other Jurisdictions
Under Kenya mining regime, minerals are described as a geological substance
whether in solid, liquid or gaseous which occurs naturally in or on the earth, in or
under water and in mine waste.
78 It includes the minerals specified in the First
Schedule but does not include petroleum, hydrocarbon gases or groundwater.
79 This
72 See Sec. 30(1)(a)(b) NEA.
73 Sec. 54 (f) National Forestry and Tree Planting Act (2003).
74 Sec. 54(g) National Forestry Act.
75 Sec. 13(1) Mining Act.
76 See Sec. 14(1)(a) b) Mining Act.
77 Sec. 14(1)(c) Mining Act.
78 Sec. 4 Kenya Mining Act (2016).
79 Sec. 4 Kenya Mining Act.
The Legal Framework for Sand Mining in Uganda
115
Development, NEMA, etc. have statutory roles relating to sand mining. The
National Environment Authority is required by law to establish criteria and procedures for the measurement and determination of soil standards and the minimum
standards for the management of soil quality.
72 The authority is required to carry out
this function in consultation with the lead agency. However, the lead agency is
neither categorically specified by the National Environment Act nor by any other
law. It would seem legally plausible that this role is performed by such bodies as the
relevant department in the Ministry of Agriculture particularly Soil and Water
Conservation Department though this department is not an independent agency. In
particular cases such as in forestry and tree planting, an agency such as National
Forestry and Tree Planting Authority may serve as the required lead agency. The
functions of the later include cooperating and coordinating with the National Environment Management Authority and other lead agencies in the management of forest
resources.
73 The Authority also has the function of working in conjunction with
other regulatory authorities to control and monitor industrial and mining developments in central forest reserves.
74 Where sand is to be mined for industrial and/or
commercial purposes in forest reserves, the Authority will, on the basis of these
statutory functions, have a say. The Authority will coordinate with the body created
under the Mining Act for mining activities. The Mining Act provides for the office of
Commissioner for Geological Survey and Mines Department to be appointed by the
president.
75 The department is under the Ministry of Mineral and Energy Resources.
The Commissioner has the powers to enter any land for the purpose of inspecting
mining operations to ascertain whether the operations are in compliance with the
law.
76 The Commissioner also has the power to take soil samples for examination
purpose.
77
8 Lessons from Other Jurisdictions
Under Kenya mining regime, minerals are described as a geological substance
whether in solid, liquid or gaseous which occurs naturally in or on the earth, in or
under water and in mine waste.
78 It includes the minerals specified in the First
Schedule but does not include petroleum, hydrocarbon gases or groundwater.
79 This
72 See Sec. 30(1)(a)(b) NEA.
73 Sec. 54 (f) National Forestry and Tree Planting Act (2003).
74 Sec. 54(g) National Forestry Act.
75 Sec. 13(1) Mining Act.
76 See Sec. 14(1)(a) b) Mining Act.
77 Sec. 14(1)(c) Mining Act.
78 Sec. 4 Kenya Mining Act (2016).
79 Sec. 4 Kenya Mining Act.
The Legal Framework for Sand Mining in Uganda
115