Seal loopholes in Mining Act to control wars

Any discoveries of minerals must be reported.

Meanwhile, while in the course of prospecting, any damage caused to the rightful owner of the land shall be compensated by the prospector.

Interestingly, some land is exempted from prospecting and these include cemeteries or land used for public purposes, land situated in a township area, near a railway line, trust land, public streets and private land.

Therefore, before a prospector can prospect for any minerals on your land, they require your consent and the prospector remains liable for any damages they cause to you in the process of prospecting.

Section 75 of The Constitution enshrines a citizens’ right to hold property without interference and this includes land.

No property shall be taken by the government or any other person except where such acquisition is necessary to enhance defence, public safety, morality, health and for development.

However, the Government may acquire mineral rich land compulsorily for any of the reasons afforested.

This is especially so if the acquisition shall have a bearing on development of the nation as a whole.

Adequate compensation

Even then, adequate compensation should be paid out to the land owner under the provisions of the Land Acquisition Act.

The Mining Act empowers the Commissioner for Mines and Geology to inquire into and decide all disputes concerning disputed boundaries of any area under a prospective mining right, any wrongful act committed in the course of prospecting for minerals and assessment of compensation.

The civil court within limits of the prospecting zone or mining area shall enforce the commissioner’s decision.

The Act makes it a penalty for anyone to obstruct someone who holds a prospecting right from legally carrying out his activities and also makes it an offence for anyone who engages in violence while on any mining property.

Therefore, the law provides not only civil remedies but also creates criminal offences against those who obstruct or interfere with prospecting activities by a prospector.

An armed gang known as Zurura has literally taken over mining in the coastal region.