The Constitution of Kenya 2010 Provisions on Natural / Mineral Resources … Enhanced requirements for an applicant for a large-scale mineral right; Counties/communities involvement in the licensing process. … (Mining Lease/ License).
The following are some of the main steps to be carried out prior to the issue of a mining lease.
- Carrying out a mining feasibility study and an approved cadastral survey of the deposit.
- Preparation of an Environmental Impact Assessment Study (EIA) in accordance with the requirement of the Environmental Management and Co-ordination laws. This must be approved by the National Environment Management Authority. The EIA is subject to public comments before such approval;
- Submitting a formal application for a mining lease (which will include information included in (a) and (b) above, and any compensation agreements payable to landowners) must be published in the Kenyan Gazette and a local newspaper inviting any objections.
- Registration of the mining lease and the applicable stamp fees must be paid.
- Constitution of Kenya states that the Parliament must ratify any right or concession for the exploitation of any natural resource.
The above process typically takes over a year to completeAds by Google
- Duly completed and signed form 18 attaching the following:
- Valid Prospecting Right
- Copy of receipt KShs. 2000/= mining deposit payment receipt from the Provincial Commissioner’s office of area of interest;
- Cadastral Survey plan of the applied area duly approved by the Director of Surveys
- Mining feasibility study report
- Written land owner’s consent in case of private lands
- Written County Councils consent incase of trust land
- An Environmental Impact Assessment Report.
Office Locations & Contacts
Licensing Body: Mines & Geology Department
Physical Address: Madini House, Machakos Road, Industrial Area
Postal Address: P.O. Box 30009-00100,Nairobi Kenya
City: Nairobi City County
Tel: +254-020-558034, 558787, 556326, 650825
Email Address: firstname.lastname@example.org
Website: http://www.minesgeology.go.ke , http://www.mining.go.ke
Operating Hours: 8.00am – 1.00pm and 2pm – 5pm excluding weekends & public holidays.
Directions: View DirectionsAds by Google
In order to qualify for any of the licenses and leases allowed under the Mining Act, individuals must first apply for a Prospecting Right.
Applications for leases should be made in the prescribed form and manner, and should be subject to the prescribed conditions, and should be accompanied by payment of one years rent in advance at the rate prescribed.
- Application Fee: No Fee
- License Fee: Annual rent of KShs. 150/= per ha or part thereof.
5 – 21 years.
Documents to Use
Within a year or more.
If all requirements are met, the application is recommended to the Prospecting and Mining Licensing Committee for approval which sits every three months. Application is published once in the Kenya Gazette and three times in a local newspaper.
- Name of the applicants
- Nationality of applicant(s)
- Address in Kenya at which notices, etc, may be served
- Number(s) of applicants location(s) and district of registration
- Financial statements
- Memorandum and articles of association
- Kind of mining lease desired and mineral to be mined term desired
- Signature of the applicant
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Need for the Document
A Mining Lease is issued to a holder of any prospecting right and provides the lessee the right to extract deposits within the land area of the mining lease, including the right to remove and dispose of the minerals as specified in the lease.
A mining lease may be granted for a term of five to twenty-one years, and will set out the applicable terms and conditions for such mining.
Information which might help
The Prospecting Right allows individuals and agents of companies, bodies of persons, and partnerships to prospect on any land as authorized by the Commissioner of Mines and Geology and qualifies them to acquire licenses and peg locations. This is the first step in acquiring all other mining licenses.
Other uses of the Document/Certificate
A Mining Lease bestows mining rights and is granted for the exploitation of a mineral deposit which has been discovered following successful prospecting and exploration under either of the other types of licenses.
Useful External Links
Mining Act Chapter 306Ads by Google
All natural resources are vested in the people of Kenya with the government as trustee. Minerals are classified as public land and therefore belong to all the citizens of Kenyan. There is thus a distinction in the ownership of subsurface land and minerals and surface land. The law requires that holders of prospecting and mining titles secure access to the land required for prospecting and mining and offer fair compensation for the same. Specifically, the licensing procedures require consents from local communities, owners and occupiers of land, as well as other governing bodies at the devolved level of government. Licensees are also obligated to offer fair compensations for damages, obstructions, and other inconveniences, to owners and/or occupiers of the land, where applicable.