sharing in governance of extractive industries
Land acquisition for any purpose has been difficult in many parts of the world. The situation is worst when it comes to acquiring land for mining and other commercial activities, apart from paying to obtain the land for a certain period, one also pays compensation for any property of commercial or culturally value. Annual ground rents are also paid to institutions and land owners. This article divulges the complex nature of land acquisition and compensation processes mining companies go through from development throughout the mine life.
The laws governing land acquisition for mining purposes in the Ghana are the Mineral and Mining Act, 2006 (Act 703) and the 1992 Constitution. Before the enactment of the Act 703, 2006, the basic law, which regulated mining activities in the country, was the Mining and Minerals Law, 1986 (PNDCL 153). There were also other associated legislation and amendments, but all have been repealed by the Act 703, 2006. Mineral rights in Ghana are vested in the state. Section (1) of the Mineral and Mining Act, 2006 (Act 703) states:
Every mineral in its natural state in, under or upon land in Ghana, rivers, streams, water-courses throughout the country, the exclusive economic zone and area covered by the territorial sea or continental shelf is the property of the Republic and is vested in the President in trust for the people of Ghana.
The ownership of mineral resources is vested in the President and held in trust for the citizens of Ghana. The state grants these rights to mining companies through concessions or permits.
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