Established in 2010, TAB-Forest Mining,Ltd is a gold exploration and mining company in Ghana, West Africa. With one hundred plus (100+) gold concessions, including fifteen (15) large scale concessions and over one point two million plus (1,200,000+) tons of above ground tailings, located in Ghanas prolific gold mining belts, the companys near-term objective is to process its above ground tailing stockpile along with the develop its small scale alluvial mines and, over time, develop its large scale alluvial and hard rock mines to become one of Ghanas larger gold producers.
TAB-Forest has extensive gold mining expertise in its executive and operational ranks. The company has close ties with Ghanas governmental agencies and the Ghana National Association of Small Scale Miners, and is actively working on partnerships to help all of Ghanas small scale miners create prosperous projects that will benefit the Ghanaian economy. TAB-Forest has a committed concern for the indigenous people and local environment and has committed to investment in the local communities.
Gerald is TAB-Forest Mines, Limited largest U.S. shareholder, is a strategic thought leader working daily on driving the direction of
Albert, is TAB-Forest Mines, Limited largest shareholder, he oversees all Ghanaian operations. Albert has over 20 years of business
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TAB-Forest conducts all business within the rule of law and works with only the most reputable partners. Click the picture or the "Read
ICLG - Mining Laws and Regulations - Ghana covers common issues in mining laws and regulations including the acquisition of rights, ownership requirements and restrictions, processing, transfer and encumbrance, environmental aspects, native title and land rights in 15 jurisdictions.
The Minerals and Mining Act, 2006 (Act 703) (as amended by the Minerals and Mining (Amendment) Act, 2015 (Act 900) and the Minerals Commission Act, 1993 (Act 450) are the principal enactments setting out the framework of mining law. They express the basic position that minerals in their natural state are owned by the State. They also outline the licensing scheme for mineral operations, the incidence of the various mineral rights and the powers of the principal regulatory institutions. The following pieces of subordinate legislation add detail in specific areas to the regime set out in the principal legislation: (a) Minerals and Mining (General) Regulations, 2012 (L.I. 2173); (b) Minerals and Mining (Support Services) Regulations, 2012 (L.I. 2174); (c) Minerals and Mining (Compensation and Settlement) Regulations (L.I. 2175); (d) Minerals and Mining (Licensing) Regulations, 2012 (L.I. 2176); (e) Minerals and Mining (Explosives) Regulations, 2012 (L.I. 2177); and (f) Minerals and Mining (Health, Safety and Technical) Regulations, 2012 (L.I. 2182).
Environmental legislation, including that relating to forest protection, water bodies and water use, tax legislation, customary law relating to land tenure, the law of corporations, contract law and administrative law principles concerning the exercise of governmental power, are all relevant to the mining industry.
Pursuant to the Minerals Income Investment Fund Act, 2018 (Act 978), the Minerals Income Investment Fund (the Fund) was established with an expressed objective of, among other things, monetising the value of Government revenue from mining. The Fund is to be resourced through income generated from the countrys equity interest in mining companies, mineral royalties and other related income from mining operations. The provisions of Act 978 empower the Fund to create and hold equity interests in a special purpose vehicle (SPV) in any jurisdiction, procure the listing of the SPV on reputable stock exchanges, assign or transfer rights to its sources of income and to grant security over its assets. The Government is reported to be engaged in negotiations with an entity called Agyapa Royalties Limited (Agyapa) in a proposed transaction in terms of which the Government would receive an upfront payment of monies in exchange for Agyapa acquiring rights to future royalties to be generated from certain identified companies in Ghana who have been granted mining leases.
The Minerals and Mining (Amendment) Act, 2019 (Act 995) introduced amendments to the Minerals and Mining Act, 2006 (Act 703), including that which seeks to prevent foreigners from providing mining support services to small-scale miners and imposes stiff punishment for the sale or purchase of minerals without a licence and for the facilitation of small-scale mining by foreigners. We understand further amendments are proposed to Act 703 which would reduce the duration of a development agreement with the Government from 15 to 5 years, introduce gender considerations into employment in the mining sector, and provide stiffer punishment for aiding foreigners to evade the restrictions on their involvement in small-scale mining. No bill has yet been published in respect of these proposals and until that is done, the legislative process, which includes the gazetting of such bill and its laying before Parliament to undergo consideration and three readings, would not have commenced.
The Chamber of Mines proposes to assist mineral refineries in the country to receive international accreditation so as to help market their products. The object is to reduce the reliance of mining companies in Ghana on foreign refineries and thereby save the country the costs of foreign exchange.
The rights required are: (a) a reconnaissance licence; and (b) a restricted reconnaissance licence to engage in reconnaissance in relation to an industrial mineral, i.e. basalt, clay, granite, gravel, gypsum, laterite, limestone, marble, rock, sand, sandstone, slate talc, salt and other minerals as the Minister may from time to time declare, by notice published in the Gazette, to be industrial minerals.
The rights required to conduct mining are: (a) a mining lease; (b) a restricted mining lease to engage in mining for an industrial mineral; and (c) a small-scale mining licence for the conduct of small-scale mining. The mining lease permits its holder to engage in reconnaissance and prospecting.
No, although there are different eligibility criteria for different rights. In particular, non-Ghanaians are prohibited from engaging in small-scale mining. The threshold for engaging in industrial mineral operations is higher for non-Ghanaians than for Ghanaians.
Foreign entities cannot directly hold mineral rights, though entities they incorporate in Ghana can hold mineral rights. The Ghana Investment Promotion Centre Act, 2013 (Act 865) has minimum investment requirements for non-Ghanaians. Where the foreign investor has a Ghanaian partner, the foreign investor is required to contribute at least US$200,000 to the equity of the entity and the Ghanaian partner must hold not less than 10% of the equity. A foreign investor in a business that it solely owns is required under Act 865 to invest a minimum of US$500,000. The minimum capital requirement may be met in cash or capital goods relevant to the investment. A foreign investor cannot engage in operations relating to industrial minerals unless it commits in its proposed programme to invest at least US$10 million in the operations.
A person who intends to become the controller of an entity which directly or indirectly holds mineral rights is required to obtain a no objection notice from the Minister of Lands and Natural Resources before becoming such controller. A controller is defined to mean a person who, either alone or with an associate or associates, is entitled to exercise, or control the exercise of more than twenty per cent of the voting power at any general meeting of the mining company or of another company of which it is a subsidiary. The entity and the exiting shareholder are also required to notify the Minister, respectively, of the change in control of the company or of ceasing to be controller.
A small-scale mining licence may only be granted to a citizen of Ghana who is at least 18 years old, and is registered by the office of the Minerals Commission in an area designated as a small-scale mining area.
The State is entitled to 10% free carried interest in an entity engaged in mining. This does not preclude the Government from any other or further participation in mineral operations that may be agreed with the holder of the mineral.
Additionally, the Minister may, by notice in writing to a mining company, require the company to issue to the State a special share in the company for no consideration. The special share is meant to give the Government, inter alia, the power to veto decisions relating to the liquidation of the company or disposal of the whole or a material part of its assets. To the best of our knowledge, since this provision was first introduced, the special share has only been taken on one occasion in the context of the State reducing its interest in a company in which it previously held majority shares.
The Minerals and Mining Act requires a licence from the Minister for the sale, export or other disposal of a mineral. Under the Minerals and Mining (General) Regulations, 2012 (L.I. 2173), an application by a holder of a mining lease for a licence to export, sell or dispose of gold or other precious minerals produced by the holder must be accompanied by a refining contract and a sales and marketing agreement.
An application by a person other than a holder of a mining lease, to purchase and export, sell or dispose of gold or other precious minerals, requires the applicant to satisfy the Minister that the minerals will be refined or polished in Ghana or that only refined or polished minerals will be purchased for export, or that a percentage of the minerals will be supplied to local users. In practice, as there is very little refinery capacity in Ghana, this requirement is hardly enforced.
A transfer, assignment, mortgage, or encumbrance of a mineral right or any dealing in relation to a mineral right requires the prior written approval of the Minister. The approval should not be unreasonably withheld or given subject to unreasonable conditions. Further, the Minister is required to communicate a decision on the application within 30 days of receipt of the application; otherwise, the Minister, upon request from the applicant, must give reasons for failing to do so.
A reconnaissance, prospecting or mining right may be mortgaged or secured, subject to the approval of the Minister. If the mortgagor defaults and the mortgagee forecloses, the mortgagee acquires the mineral rights subject to the approval of the Minister.
Mineral rights may be held in undivided shares. However, given the requirement of local incorporation referred to in response to question 3.1 above, the general practice is for those jointly involved in the venture to be allotted shares in the corporate entity which holds the mineral rights.
A holder of a mineral right cannot explore for or mine a mineral that is not the subject of the mineral right. If the holder desires to explore for or mine any other mineral, the person must apply to the Minister to amend the right to include such other mineral.
A mineral right holder is only entitled to exercise rights in respect of the minerals to which its licence relates. To exercise rights over residue deposits (tailings), additional rights are required.
The holder of a mineral right is entitled to enter onto the land for the conduct of the mineral operations. However, it is required to exercise its rights subject to the surface rights of the owner or occupier of the land.
The holder of a mineral right is required to exercise the rights granted subject to the surface rights of the owner or occupier of the land. The owner or lawful occupier of land retains the right to graze livestock upon or to cultivate the surface of the land if the grazing or cultivation does not interfere with the mineral operations in the area.
The holder of a mineral right is also required to compensate the owner or lawful occupier for the disturbance of the surface rights of the owner or lawful occupier. The compensation may be monetary or by way of resettlement, the cost of which shall be borne by the mineral right holder. Where people have to be displaced, there is a constitutional obligation to resettle them.
Where land is required to secure the development or utilisation of a mineral resource, the President may acquire the land or authorise its occupation and use subject to the prompt payment of fair and adequate compensation.
Act 703 also gives the Minister the power of pre-emption in respect of all minerals raised, won or obtained in Ghana. The exercise of this power is subject to the constitutional provisions regulating expropriation and to the terms of agreements entered into with mineral rights holders. In any case, that power has not, to the best of our knowledge, been exercised in more than 30 years.
The Environmental Assessment Regulations, 1999 (L.I. 1652) require that there be (a) a reclamation plan, and (b) a bond to secure implementation of the work plan approved by the Environmental Protection Agency.
A reconnaissance or prospecting licence requires the holder to comply with terms which typically include an obligation to rehabilitate the land. In respect of a mining lease, the holder is required, before closing a mine site, to satisfy the Chief Inspector of Mines that each source of potential pollution and component of the mining operation that is to be closed is designed to be stable in the long term.
The holder of a mining lease is required to: (a) ensure that discharge/emission of polluted water, air or dust does not occur from the closed mine site; (b) submit a mine closure plan to the Inspectorate Division of the Minerals Commission for approval; and (c) within 12 months after the closure of the mine, rehabilitate mining areas which are no longer required for the mining operations.
In respect of mining, the Local Governance Act, 2016 (Act 936) prohibits the carrying out of any physical development without a permit granted by the District Planning Authority. A physical development is defined under Act 936 as carrying out of building, engineering, mining or other operations on, in, under or over land, or the material change in the existing use of land or building and includes sub-division of land, the disposal of waste on land including the discharge of effluent into a body of still or running water and the erection of advertisement or other hoarding.
In the standard mineral right agreement, the holder is prohibited from conducting any operations in a sacred area. It further requires the written consent of the Minister to conduct its operations: (a) within 100 metres of any forest reserve, river, stream, building, installation, reservoir or dam, public road, railway or area appropriated for a railway; (b) within 30 metres of a pylon; and (c) in an area occupied by a market, burial ground, cemetery or Government office, or situated within a town or village or set apart for, used, appropriated or dedicated to a public purpose.
In Ghana, land is mostly owned by individuals, extended families and communities presided over by chiefs who hold the land in trust for their members. These members are entitled to exercise surface rights over and appropriate portions of these lands in accordance with customary law. They must be compensated by the mineral rights holder for interference with their rights. The right to compensation includes compensation for: (a) deprivation of the use or particular use of the natural surface of the land or part of the land; (b) loss of or damage to property; (c) loss of earnings or sustenance suffered by the owner or lawful occupier of land under cultivation having due regard to the nature of their interest in the land; and (d) loss of expected income, depending on the nature of crops on the land and their life expectancy. No claim for compensation lies in respect of the value of a mineral.
Given the importance of the mining sector to the Ghanaian economy, mining was listed as an essential service and therefore exempted from the lockdown imposed by the Government of Ghana in the months of March and April 2020. Mining companies have therefore been able to operate during the lockdown, though they have had to implement additional health and safety controls.
The Minerals Commission is required to and does maintain a register of mineral rights in which it records applications, grants, variations and dealings in assignments, transfers, suspensions and cancellations of mineral rights. The register is open to public inspection on payment of a prescribed fee and members of the public may, upon request to the Commission and on payment of the prescribed fee, be provided a copy of the records.
Further, the interest in minerals conveyed by a grant is required to be stamped and registered within 21 days of being granted with either the Land Registry or the Land Title Registry (depending on the area in which the mineral right is located). Copies of the stamped and registered documents are required to be provided to the Minerals Commission.
The prerogative remedies known to the administrative law of common law jurisdictions are available under Ghanaian law. These are available to enforce constitutional duties of candour and fairness imposed on public officers.
Yes. Under the Constitution, 1992, every mineral in its natural state in, under or upon any land in Ghana, rivers, streams, water courses throughout Ghana, the exclusive economic zone and any area covered by the territorial sea or continental shelf is the property of the Republic of Ghana and is vested in the President who holds it on behalf of, and in trust for, the people of Ghana.
Grants of rights to exploit minerals are subject to ratification by Parliament and have been held by the Supreme Court in the recent unreported case of The Republic v. High Court, General Jurisdiction (6), Accra; Ex Parte Attorney-General (Exton Cubic Group Ltd, Interested Party) [Civil Motion Number J5/40/2018] to be void and of no legal effect unless and until ratified by Parliament.
Ghana has signed and ratified investment treaties with China, Denmark, Germany, Malaysia, the Netherlands, Switzerland and the United Kingdom. Generally, these provide protection to the investments of persons from the contracting parties.
Yes, these rules are provided under sections 77 to 86 of the Income Tax Act, 2015 (Act 896). Act 896 treats income from mineral operations separately from other sources of income and imposes a mineral income tax at the rate of 35% on profits from mineral operations. In ascertaining the assessable income of a person from mineral operations, (a) each separate mineral operation is treated as an independent business, and (b) the tax liability for the business is required to be calculated independently for each year of assessment. For income tax purposes, a mineral operation pertaining to each mine and a mineral operation with a shared processing facility constitute separate mineral operations which are required to be taxed separately.
The Economic Community of West African States (ECOWAS) Directive on the Harmonisation of Guiding Principles and Policies in the Mining Sector prescribes a set of rules and guiding principles to Member States of the Economic Community of West African States. Further, the ECOWAS Common External Tariff, which is scheduled to the Customs Act, 2015 (Act 891) as amended by the Customs (Amendment) Act, 2015 (Act 905), exempts machinery, appliances and apparatus designed for use in mining and dredging from the payment of Value Added Tax on importation.
There is provision for the surrender (abandonment) of a mineral right whether in whole or in part. A holder of a mineral right who wishes to surrender the land subject to the mineral right is required to apply to the Minister for a certificate of surrender no later than two months before the date on which the holder wishes the surrender to take effect. A certificate will not be granted, inter alia, if the holder (a) is in default of its obligations, or (b) does not satisfy the Minister that it will surrender the area in a condition which is safe and accords with good mining practice.
In respect of an exploration or prospecting licence, the holder is required, prior to or at the expiration of the initial term, to surrender no less than half the number of blocks of the prospecting area, so long as a minimum of 125 blocks remain subject to the licence and the blocks form not more than three discrete areas, each consisting of (a) a single block, or (b) a number of blocks each having a side in common with at least one other block in that area. Relief may be granted either in whole or in part against this requirement if the holder of the prospecting licence satisfies the Minister that delay by a Government institution or agency in the issuance of permits or in carrying out a lawful activity resulted in delay by the holder in the discharge of an obligation under the prospecting licence. The period of the relief shall not exceed 12 months and shall be subject to such other conditions that the Minister thinks fit.
The State has a right to cancel or suspend a mineral right for the holders non-compliance with law or obligations under the agreement granting the mineral right. Prior to exercising a right to suspend or cancel a mineral right, the Minister is required to give notice to the holder requiring the holder to remedy the breach complained of within a reasonable period, not being less than 120 days in the case of a mining lease or restricted mining lease, or 60 days in the case of another mineral right. Where the breach cannot be remedied, the holder is required to show cause to the reasonable satisfaction of the Minister as to why the mineral right should not be suspended or cancelled.
The Guide has on occasion been, and continues to be, the only source of readily-available, substantive information on what can be a complex area on which to advise."Steven Rix, Head of Legal, European Operations - GlaxoSmithKline
Article 268 of the 1992 Constitution states that Any transaction, contract or undertaking involving the grant of a right or concession by or on behalf of any person including the Government of Ghana, to any other person or body of persons howsoever described, for the exploitation of any mineral, water or other natural resource of Ghana made or entered into after the coming into force of this Constitution shall be subject to ratification by Parliament. But speaking on Joy FMs Super Morning Show, Dr. Aubynn said, the small scale mining companies havent done that. He said whilst the large mining companies have consistently ratified their agreements in consonance with the constitution, the small-scale companies havent. I think there is an institutional failure there. They should go to parliament, they are thousands but they should go according to the Constitution, he told Joy FMs Super Morning Show host Kojo Yankson. The Minerals Commission boss whose institution supervises mining in the country said practical reality may have been the reason the licenses are not ratified. For the large scale companies, some of them it took about nine years for [their agreements] to be ratified. The point is that if we would have this example of back and forth which took about nine years for some concessions to be ratified, then if the small scale miners who are impatienthave to go through that, I think that will be an issue, he noted. There is an historic national anger and mobilisation against the menace if illegal mining. The involvement of Chinese in the illegal activity appears to have exacerbated the problem. The Ghana Water Company had made a bleak projection that the country may be forced to import water for consumption in the next decade if the current rate of pollution of water sources continues. This frightening assessment appears to have jolted many Ghanaians into action with the media organisations leading the campaign to end galamsey in Ghana. Attempts have been made to draw a distinction between illegal mining and small-scale mining which is legal because the operators have obtained licenses from the Minerals Commission and the Environmental Protection Agency and signed by the minister. But Dr. Aubynn confirmed these licenses were not ratified by Parliament as required by law. I also must say that those who have our licenses, most of them I dont know whether it is most or not are likely to be doing it right because our people go on them on regular basis, he said. For Dr Aubynn, the problem is the thousands who do [mine] illegally. But what the constitution says must be respected. He said there was a gap but stressed there is a reason for the gap; if there is insistence for all thousands to be brought to Parliament, so be it. But remember that before they go to parliament, the sub-committee has to look at it; look at these thousands before it goes to the floor of Parliament and all that.
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This paper argues that the current formalization system for small-scale gold miners in Ghana has been undermined and the small-scale mining laws no longer capture the reality of the sectors activities. The paper will examine the small-scale mining system and shows that registered and unregistered actors operate not only in parallel but are actually intertwined and highly dependent on one another. The paper shows that the perceived dichotomy of formal and informal actors in the sector does not actually exist. The sector has instead evolved into a highly intertwined group of semi-formal sectors operating with varying degrees of legal registrations. The paper concludes that political leniency and law enforcement corruption has resulted in a booming small-scale gold system under poor government control. The paper recommends that politicians move to enact reforms to regularize the small-scale mining sector and curtail ubiquitous environmental and occupational safety problems. Anti-corruption initiatives and law enforcement reforms are the most urgent. However, reforming the laws is also necessary to capture and regulate the technological innovations the sector is currently using.
Examination of Ghanas small-scale mining sector. Notes the economic importance of the sector to rural Ghana. Finds that the 1989 small-scale mining laws do not capture the activities of miners. Recommends comprehensive reforms to the 1989 laws. Recommends an anti-corruption in law enforcement campaign.
Benjamin Teschner is a recent graduate of Colorado School of Mines Masters of International Political Economy of Resources (MIPER) program. The author would like to thank Dr. John Heilbrunn at Colorado School of Mines for the kinds of help only a research advisor can supply. The author would also like to thank Gold Fields Ghana and Gold Fields Exploration who provided travel and accommodation in Ghana during the time of this field work. Ben is now a full-time employee for Gold Fields Exploration conducting community affairs and sustainable development work in West Africa.
The Inter-Ministerial Committee on Illegal Mining (IMCIM) has published the list of individuals and entities that have been validated to resume operations after the ban on small-scale mining was lifted. The lifting of the ban allows individuals and companies with mining licences and valid Tax Identification Numbers (TIN) whose concessions have been authenticated and given cards with QR codes to show that they have been vetted, to go back to work beginning Monday, 17 December 2018. Mining equipment, especially excavators and bulldozers not licenced by the Driver and Vehicle Licensing Authority (DVLA) or tagged with electronic monitoring devices by approved agents, will not be permitted to do any mining activity. As part of processes to ensure reforms in the sector, small-scale miners have undergone training at the University of Mines and Technology (UMaT) All mining companies are expected to have at least one person trained in sustainable mining at UMaT, Tarkwa. The process of validation is still ongoing and Ghanaians who wish to participate in small-scale mining can submit their documents to the relevant authorities and abide by the new regulations outlined to ensure sustainable forms of mining to prevent environmental degradation. Attached is the list of validated entities allowed to resume mining.