is similar to the definition under the Ghana Mining Act 2006 which describes
“mineral” as a substance in solid or liquid form that occurs naturally in or on the
earth, or on or under the seabed, formed by or subject to geological process including
industrial minerals but does not include petroleum as defined in the Petroleum
(Exploration and Production) Law, 1984 (P.N.D.C.L. 84) or water.
80 Apart from
the fact that sand can easily be accommodated under those generic descriptions
which only specifically excludes petroleum, hydrocarbon gases and groundwater,
the Kenya law also particularly provides for a category of minerals christened
“construction minerals.” In terms of the law, “construction minerals” includes
stones, gravel, sands, soils, clay, volcanic ash, volcanic cinder and any other
minerals used for the construction of buildings, roads, dams, aerodromes and
landscaping or similar works.”
81 It also includes such other minerals that the Cabinet
Secretary declare, by gazette, to be construction minerals.
82
For construction and other purposes, Kenyan National Sand Harvesting Guidelines 2007 is a statutory instrument which governs sand mining. A synonymous
word, sand harvesting, is used for the process and it is defined as “the removal,
extraction, harvesting or scooping of sand from designated sites.”
83 The law provides for on-farm sand harvesting and Lakeshore/Seashore Sand Harvesting. It
provides that on–Farm Sand harvesting and Lakeshore/Seashore Sand Harvesting
should not exceed six (6) feet in depth.
84 It also provides that harvesting should be
done concurrently with restoration of areas previously harvested which restoration
will be undertaken with guidance from the Technical Sand harvesting Committee.
85
These particular regulations under the National Sand harvesting Guidelines
provide particular protection for agricultural lands in additional to specific environmental guidelines regulating mining activities under Kenyan laws which provide a
good example for Uganda. Under South African laws, sand-mining is provided for
under the legal regime governing mineral activities. The Mineral and Petroleum
Resources Development Act is the primary statute that governs and regulates
mineral resources and the process of exploiting same. Sand-mining is governed by
the Act. The Act vests all mineral resources in the Republic of South Africa.
According to the Act, a person wishing to engage in sand mining must apply to
the relevant government for the right to do so in addition to having to comply with
the requirements arising from comprehensive regulatory framework governing the
exploitation of a mineral resource in form of various rights, permissions and
permits.
86
80 Sec. 1 Kenya Mining Act.
81 Sec. 1 National Sand Harvesting Guidelines (2007).
82 Sec. 1 National Sand Harvesting Guidelines.
83 Sec. 2 National Sand Harvesting Guidelines.
84 Sec. 7(a) National Sand Harvesting Guidelines.
85 Sec. 7 (c) National Sand Harvesting Guidelines.
86 Mineral and Petroleum Resources Development Act (1994).
116
T. Sanni
“mineral” as a substance in solid or liquid form that occurs naturally in or on the
earth, or on or under the seabed, formed by or subject to geological process including
industrial minerals but does not include petroleum as defined in the Petroleum
(Exploration and Production) Law, 1984 (P.N.D.C.L. 84) or water.
80 Apart from
the fact that sand can easily be accommodated under those generic descriptions
which only specifically excludes petroleum, hydrocarbon gases and groundwater,
the Kenya law also particularly provides for a category of minerals christened
“construction minerals.” In terms of the law, “construction minerals” includes
stones, gravel, sands, soils, clay, volcanic ash, volcanic cinder and any other
minerals used for the construction of buildings, roads, dams, aerodromes and
landscaping or similar works.”
81 It also includes such other minerals that the Cabinet
Secretary declare, by gazette, to be construction minerals.
82
For construction and other purposes, Kenyan National Sand Harvesting Guidelines 2007 is a statutory instrument which governs sand mining. A synonymous
word, sand harvesting, is used for the process and it is defined as “the removal,
extraction, harvesting or scooping of sand from designated sites.”
83 The law provides for on-farm sand harvesting and Lakeshore/Seashore Sand Harvesting. It
provides that on–Farm Sand harvesting and Lakeshore/Seashore Sand Harvesting
should not exceed six (6) feet in depth.
84 It also provides that harvesting should be
done concurrently with restoration of areas previously harvested which restoration
will be undertaken with guidance from the Technical Sand harvesting Committee.
85
These particular regulations under the National Sand harvesting Guidelines
provide particular protection for agricultural lands in additional to specific environmental guidelines regulating mining activities under Kenyan laws which provide a
good example for Uganda. Under South African laws, sand-mining is provided for
under the legal regime governing mineral activities. The Mineral and Petroleum
Resources Development Act is the primary statute that governs and regulates
mineral resources and the process of exploiting same. Sand-mining is governed by
the Act. The Act vests all mineral resources in the Republic of South Africa.
According to the Act, a person wishing to engage in sand mining must apply to
the relevant government for the right to do so in addition to having to comply with
the requirements arising from comprehensive regulatory framework governing the
exploitation of a mineral resource in form of various rights, permissions and
permits.
86
80 Sec. 1 Kenya Mining Act.
81 Sec. 1 National Sand Harvesting Guidelines (2007).
82 Sec. 1 National Sand Harvesting Guidelines.
83 Sec. 2 National Sand Harvesting Guidelines.
84 Sec. 7(a) National Sand Harvesting Guidelines.
85 Sec. 7 (c) National Sand Harvesting Guidelines.
86 Mineral and Petroleum Resources Development Act (1994).
116
T. Sanni