Latest News

New Ghana mining legislation will shorten the licence period and boost community investment

New Ghana mining legislation will shorten the licence period and boost community investment

Ghana will shorten the duration of mining licenses and require direct revenue sharing with local communities as part of its most comprehensive mining law reforms since nearly 20 years. Details were announced on Wednesday by a government ministry.

The planned overhaul is part of a wider trend in West Africa where governments are rewriting their mining codes to maximize the value from rising commodities prices.

Emmanuel Armah Kofi Buah, Minister of Lands and Natural Resources in Ghana, said that the changes - which include scrapping the automatic renewal for some licences – will only apply to future contracts. This is a departure from Mali and Burkina Faso, where military-led government have retroactively applied reforms.

Buah, at a presentation held in Accra, the capital of Ghana, said, "In Ghana, there are no retroactive laws." Existing agreements will be respected and sanctified.

After extensive stakeholder consultations, he said that the overhaul of Minerals and Mining Act and the mining policy had been completed to 85%.

DEVELOPMENT REQUIREMENT

Ghana, Africa's largest gold producer, is expecting production to increase to 5.1million ounces in this year. Newmont, Gold Fields, AngloGold Ashanti, Zijin, Asante Gold, Perseus, and Gold Fields are the major miners of Ghana. The country also exports manganese and bauxite, with plans to begin lithium production.

According to the proposed changes in the law, prospecting licenses will no longer be granted indefinitely. The maximum period for mining leases, which is currently 30 years, would be reduced by a shorter time agreed upon between the government and companies. Companies that fail to meet their environmental, social and production obligations will lose the automatic renewal of their licence.

The government is planning to eliminate development agreements in which companies pay money to the central authority.

Companies will instead be required to sign agreements that commit a certain percentage of the gross mineral sales revenues to funding local development projects. The government is seeking to address the long-standing complaints from communities who feel they have received little benefit from mining operations.

The reforms propose a three-tier regime for mineral rights, with a new category of medium-scale licenses to bridge the gap that exists between large multinational operators (such as mining companies) and small-scale artisans.

A reduction or elimination of stability agreements is also being considered. These agreements currently provide large investors with up to 15-years of tax and regulatory protection. Future agreements will only cover capital recovery periods.

(source: Reuters)