Minerals and Mining Act, 2006 (Act 703)

This document is part of the source library for NRGI's 2021 Resource Governance Index, a comprehensive measure of the quality of natural resource governance in oil, gas and mineral-rich countries. To access the full dataset and all other index resources, visit https://resourcegovernanceindex.org.

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Additional Info

Field Value
Sector Mining
Country Ghana
Year
RGI Edition Year 2021
Topic Contract transparency and monitoring, Economic diversification, Legislation and regulation, Licensing and negotiation, Mandatory payment disclosure, Measurement of environmental and social impacts, Revenue management, State-owned enterprises, Tax policy and revenue collection
Document Type PDF
RGI Sub-component
RGI Questions 1.1a: How does the country legally define the ownership of subsoil extractive resources?,
1.1.9a: Is the government required to publicly disclose all signed licenses/contracts with extractive companies?,
1.1b: Who is the licensing authority (i.e. who has the authority to grant exploration and extraction rights to companies)?,
1.1.3d: Is the licensing authority independent from the SOE?,
1.1c: What licensing process does the licensing authority follow?,
1.1.3a: Is the government required to set pre-defined criteria by which companies become qualified to participate in a licensing process?,
1.1.4a: From 2015 onwards, did the licensing authority publicly disclose minimum pre-defined criteria by which companies become qualified to participate in licensing processes?,
1.1.3b: Prior to each licensing process, is the licensing authority required to disclose a list of biddable terms or negotiable terms?,
1.1.4b: From 2015 onwards, and prior to each licensing process, did the licensing authority actually disclose a list of biddable or negotiable terms?,
1.1.3c: Prior to each license process, is the licensing authority required to disclose the rules governing the licensing process, such as auction or negotiation rules?,
1.1.4c: From 2015 onwards, and prior to each licensing process, did the licensing authority actually disclose the rules governing the licensing process, such as auction or negotiation rules?,
1.1.5a: Following each licensing process, is the licensing authority required to disclose the list of companies that submitted license applications (in the case of a first-come, first served; or negotiation round) or bids (in the case of an auction)?,
1.1.5b: Following each licensing process, is the licensing authority required to publicly disclose the identity of the winning bidder or applicant?,
1.1.5c: Following the licensing process, is the licensing authority required to publicly disclose the list of areas or blocks allocated?,
1.1.5d: Are there rules that companies can follow to appeal licensing decisions?,
1.2a: What is the fiscal system for extractive resources?,
1.2.5b: Do rules specify the royalty rate(s) applying to extractive companies?,
1.2.5c: Do rules specify the level of state equity (or options for state equity such as carried interest) in extractive companies ?,
1.3.1a: Are extractive companies required to prepare an EIA and/or SIA prior to development?,
1.3.7a: Are there rules governing compensation to landowners or land users when project development interferes with their access to or use of land?,
1.3.7b: Are there specific procedures governing the resettlement of land users when project development interferes with their access to or use of land?,
1.4a: What proportion of equity shares does the government own in extractive companies?,
1.4.1a: Are there rules governing fiscal transfers between the government and the SOE?,
1.4.7c: Are there rules that govern how the proceeds from the sale of the SOE's production should be transferred to the government?,
4.1b: Which areas does the law or policy governing the requirement or incentive for local content in the extractive industries cover?,
4.1c: Is the development of forward linkages promoted in laws, policies or by state equity?,
4.1d: Which areas does the law, policy or state equity promoting forward linkages from extractive industries cover?,
4.1.1a: Are there rules in law or public policy which require public reporting of local procurement statistics?,
4.1.1b: Are there rules in law or public policy which require public reporting of local employment statistics?,
4.1.3a: Are there rules in law or public policy which require public reporting of processing statistics?,
4.1.3b: Are there rules in law or public policy which require public reporting of domestic supply statistics?,
4.1.4a: Has the government published a baseline assessment informing the forward linkages policy?,
4.1.4b: From 2019 onwards, has the government published processing statistics?,
4.1.4c: From 2019 onwards, has the government published domestic supply statistics?,
5.6a: Are there rules governing compensation when project development interferes with people's livelihoods (aspects of both tangible and intangible value)?,
5.6b: Do existing rules governing the compensation and resettlement process include the following principles: - principle of consent of affected persons - principle of replacement cost for compensation - the right to be assisted for the restoration of livelihoods - the right to appeal against decisions on compensations.,
5.6c: Are there rules requiring the disclosure of the Resettlement Action Plan or the Livelihood Restoration Plan, in the event that they are required when a project interferes with people's livelihoods?
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Publisher
Author
Source or API link www.bcp.gov.gh/acc/registry/docs/Minerals%20and%20Mining%20Act,%202006(ACT%20703).pdf
Maintainer Natural Resource Governance Institute
Maintainer Email Natural Resource Governance Institute