According to the Act mineral “means any substance, whether in solid, liquid or
gaseous form, occurring naturally in or on the earth or in or under water and which
was formed by or subjected to a geological process, and includes sand, stone, rock,
gravel, clay, soil and any mineral occurring in residue stockpiles or in residue
deposits, but excludes- (a) water, other than water taken from land or sea for the
extraction of any mineral from such water; (b) petroleum; or (c) peat.”
87 Based on
this definition, The South African Department of Mineral Resources classifies sand
as a naturally occurring industrial mineral which is a mineral that is mined for the
value of its non-metallic characteristics. One fundamental feature of the
South African mining law is the direct reference to both sand and soil in the general
definition of minerals. Apart from the applicability of provisions relating to minerals
in general to sands, the Act also makes specific provisions for sand mining based on
the peculiar nature of sand. For example an applicant for sand mining would not,
ceteris paribus, need to seek any prospecting or reconnaissance permissions or rights
because deposits of natural sand are pretty identifiable and therefore no prospecting
is needed to find deposits of sand.
The law requires that if sand mining is carried out on a sand mine within a period
of two years and is restricted within a perimeter of 1.5 ha or less in which case the
miner will need to apply for a ‘mining permit’ to start mining. If the sand mining
extends beyond 1.5 ha and is done for a period of more than two years then the miner
should apply for a ‘mining’ right’ under section 22 which would grant the person
mining the right to mine the deposit for a period of up to thirty years.
One downside of this is that sand miners may exploit this kind of provision to
restrict their mining area to the 1.5 ha perimeters and, after two years, move to
another acreage of land elsewhere place or even neighboring area and legalise same
by making an application for a mining permit for yet another 1.5 ha.
This allows the miners to continue to mine sand around the country without
necessarily applying for a permit. This kind of provision should not be adopted in
Uganda as it is open to abuse.
9 Conclusions and Recommendations
The research has examined the legal regime of sand mining in Uganda. The chapter
posits that that sand in Uganda is classified under mineral resources though in
practice it is not so regarded. This is well demonstrated by the fact that royalties
mandated to be leveled for minerals under the law are not leveled on sand mining by
the relevant authorities. There are no comprehensive guidelines governing sand
mining in Uganda, apart from the fact that the current provisions on sand as a
mineral resource in the Mining Act can be clearer than they are now. Hence, Uganda
requires a comprehensive regulation or guidelines setting out specific provisions on
87 Sec. 1 Mineral and Petroleum Resources Development Act.
The Legal Framework for Sand Mining in Uganda
117
gaseous form, occurring naturally in or on the earth or in or under water and which
was formed by or subjected to a geological process, and includes sand, stone, rock,
gravel, clay, soil and any mineral occurring in residue stockpiles or in residue
deposits, but excludes- (a) water, other than water taken from land or sea for the
extraction of any mineral from such water; (b) petroleum; or (c) peat.”
87 Based on
this definition, The South African Department of Mineral Resources classifies sand
as a naturally occurring industrial mineral which is a mineral that is mined for the
value of its non-metallic characteristics. One fundamental feature of the
South African mining law is the direct reference to both sand and soil in the general
definition of minerals. Apart from the applicability of provisions relating to minerals
in general to sands, the Act also makes specific provisions for sand mining based on
the peculiar nature of sand. For example an applicant for sand mining would not,
ceteris paribus, need to seek any prospecting or reconnaissance permissions or rights
because deposits of natural sand are pretty identifiable and therefore no prospecting
is needed to find deposits of sand.
The law requires that if sand mining is carried out on a sand mine within a period
of two years and is restricted within a perimeter of 1.5 ha or less in which case the
miner will need to apply for a ‘mining permit’ to start mining. If the sand mining
extends beyond 1.5 ha and is done for a period of more than two years then the miner
should apply for a ‘mining’ right’ under section 22 which would grant the person
mining the right to mine the deposit for a period of up to thirty years.
One downside of this is that sand miners may exploit this kind of provision to
restrict their mining area to the 1.5 ha perimeters and, after two years, move to
another acreage of land elsewhere place or even neighboring area and legalise same
by making an application for a mining permit for yet another 1.5 ha.
This allows the miners to continue to mine sand around the country without
necessarily applying for a permit. This kind of provision should not be adopted in
Uganda as it is open to abuse.
9 Conclusions and Recommendations
The research has examined the legal regime of sand mining in Uganda. The chapter
posits that that sand in Uganda is classified under mineral resources though in
practice it is not so regarded. This is well demonstrated by the fact that royalties
mandated to be leveled for minerals under the law are not leveled on sand mining by
the relevant authorities. There are no comprehensive guidelines governing sand
mining in Uganda, apart from the fact that the current provisions on sand as a
mineral resource in the Mining Act can be clearer than they are now. Hence, Uganda
requires a comprehensive regulation or guidelines setting out specific provisions on
87 Sec. 1 Mineral and Petroleum Resources Development Act.
The Legal Framework for Sand Mining in Uganda
117