CHAPTER 123
MINING ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   REGULATIONS

      The Diamond Industry Protection Regulations

      The Mining (Provisional Licences) Regulations

      The Mining (Mineral Trading) Regulations

      The Mining (Salt Production and Iodation) Regulations

      The Mining (Mineral Rights) Regulations

      The Mining (Environmental Management and Protection) Regulations

      The Mining (Safe Working and Occupational Health) Regulations

      The Merelani (Controlled Area) Regulations

   RULES

      The Mining (Disputes Resolution) Rules

REGULATIONS

THE DIAMOND INDUSTRY PROTECTION REGULATIONS

ARRANGEMENT OF REGULATIONS

   Regulation

Title

PART I
CITATION AND INTERPRETATION

   1.   Citation.

   2.   Interpretation.

PART II
CONTROL OF DIAMOND PRODUCTION

   3.   Application for Diamond Protection Area.

   4.   Information to be submitted with, and approval of application.

   5.   Establishment of Diamond Protection Area.

   6.   Maintenance of Diamond Protection Area.

   7.   Amendment of boundaries of Diamond Protection Area.

   8.   Disestablishment of Diamond Protection Area.

   9.   Notifications in the Gazette as to Diamond Protection Areas.

   10.   Entry into Diamond Protection Area.

   11.   Authorisations under section 21(1) of Act.

   12.   Duration of authorisation.

   13.   Commissioner for mines may restrict or modify powers conferred by authorisation.

   14.   Commissioner may revoke authorisation.

   15.   Persons and vehicles to be searched without delay.

   16.   Persons arrested not to be detained unnecessarily

PART III
SUPERVISION OF LABOUR

   17.   Labourers not to engage in mining or prospecting without supervision.

   18.   Temporary absence of supervisor.

   19.   Gravitating and sorting prohibited during temporary absence of supervisor.

PART IV
TRAFFIC IN DIAMONDS

   20.   Diamond dealer's licence.

   21.   Register of diamond dealers.

   22.   Export and import of diamonds.

   23.   Valuation of diamonds for assessment of royalty.

   24.   Valuation and official agency fees.

PART V
REGISTRATION AND STORAGE OF DIAMONDS

   25.   Diamond Register to be kept.

   26.   Particulars to be entered within a time limit.

   27.   Copy of Diamond Register to be rendered monthly.

   28.   Signature of diamond dealer etc.

   29.   Storage and safe custody of diamonds.

   30.   Mines and police officers may require removal of diamonds to a bank.

SCHEDULE

THE DIAMOND INDUSTRY PROTECTION REGULATIONS

R.L. Cap. 312
Cap. 312 ss. 2 and 3
G.Ns. Nos.
245 of 1948
232 of 1950
193 of 1956

PART I
CITATION AND INTERPRETATION (regs 1-2)

1.   Citation

   These Regulations may be cited as the Diamond Industry Protection Regulations.

2.   Interpretation

   In these Regulations unless the context otherwise requires–

   "Act" means the Diamond Industry Protection Act *;

   "approved valuer" in relation to any diamonds means a valuer approved by the Commissioner for Mines under subregulation (2)(a) of regulation 23 of these Regulations for the purpose of assessing the value of such diamonds;

   "mines officer" in relation to any exclusive licence, claim or lease granted for the purpose of mining for diamonds, or in relation to any land held or utilised for or in connection with such purpose, or in relation to the holder of any such exclusive licence, claim, lease or land means the officer of the Department of Mines in charge of the district in which is situated the area to which such exclusive licence relates or such claim, lease or land as the case may be; and in relation to a licensed diamond dealer means the officer of the Department of Mines in charge of the district in which the place of business of such licensed diamond dealer, as specified in his licence, is situated.

PART III
CONTROL OF DIAMOND PRODUCTION (regs 3-16)

3.   Application for Diamond Protection Area

   The holder of any claim or lease granted for the purpose of mining for diamonds and the holder of any land held or utilised for or in connection with such purpose may, and if so required in writing by the Commissioner shall, within such time as may be appointed in such written requirement, submit to the Commissioner for Mines through officer an application for the establishment within the boundaries of such claim, lease or land, of one or more Diamond Protection Areas.

4.   Information to be submitted with, and approval of application

   (1) Every application for the establishment of a Diamond Protection Area shall be accompanied by a plan in triplicate drawn to a scale not smaller than 1 in 5,000 showing the area to be enclosed and its position in relation to the boundaries of the claim, lease or land within which it is to be situated, the proposed method of enclosure, all places of entry and exit, and such further information as the Commissioner may require.

   (2) None of the following shall be included within the boundaries of any Diamond Protection Area–

   (a)   any railway other than a mine railway, private siding or branch line;

   (b)   any public highway, as defined by the Highways Act *, or any Act amending or replacing the same;

   (c)   any dwelling-house or ground lawfully occupied or means of access to such dwelling-house or ground, not being the property of the holder of that Diamond Protection Area, except with the consent of the occupier.

   (3) Subject to the provisions of subregulation (2) of this regulation, the Commissioner shall have the power to require the applicant to modify or alter any or all of the details of such plan and the applicant shall comply with every such requirement of the Commissioner. After approval of the application by him the Commissioner shall send written notification to the applicant.

   (4) After receipt of notification of the Commissioner's approval the applicant shall forthwith, or within such period as the Commissioner may allow, establish and enclose such Diamond Protection Area in accordance with such plan as approved by the Commissioner.

5.   Establishment of Diamond Protection Area

   (1) A Diamond Protection Area shall comprise an area completely enclosed on every side by a wall, fence or other means approved by the Commissioner. At every point of entry to or exit from every such area there shall be–

   (a)   a notice board conspicuously displayed on which shall be painted legibly both in English and in Kiswahili the inscription "Diamond Protection Area; Maximum penalty for unauthorised entry or exit - ten thousand shillings or 3 years' imprisonment or both";

   (b)   a gate with a secure lock, at which during periods when it is necessary for such gate to be unlocked, there shall be stationed a guard who shall communicate the subject matter of the notice board to persons prohibited from entering.

   (2) Upon completion of the work in connection with the establishment of a Diamond Protection Area the applicant shall give notice in writing to the Commissioner through the mines officer. Upon receipt of such notice the Commissioner or any person authorised in writing in that behalf by the Commissioner shall inspect such work. If the work has been executed to his satisfaction in accordance with the approved plan the Commissioner for Mines shall issue to the applicant in the Form A in the Schedule a certificate of establishment of a Diamond Protection Area and shall attach to that certificate a copy of the approved plan, where upon that Diamond Protection Area shall be deemed to have been duly established as from the date of issue of the said certificate.

   (3) Where an area has already been established as a Diamond Protection Area under the Diamond Industry Protection Regulations *, the following provisions shall have effect–

   (a)   the provisions of regulations 3 and 4 of these Regulations and of subregulation (2) of this regulation shall not apply in respect of such area;

   (b)   such area shall be deemed to have been duly established as a Diamond protection Area under these Regulations;

   (c)   the holder of such area shall, if required by the Commissioner, furnish the Commissioner with a plan of such area drawn in the manner, and showing the particulars, mentioned in subregulation (1) of regulation 4 of these Regulations, together with copies not exceeding three in number as the Commissioner may specify and shall furnish any information relating to that area which the Commissioner may require;

   (d)   the Commissioner shall issue to the holder of that area a certificate of establishment of a Diamond Protection Area in the Form A in the Schedule and shall attach to the certificate a copy of the plan of such area.

6.   Maintenance of Diamond Protection Area

   The holder of a Diamond Protection Area shall maintain or cause to be maintained to the satisfaction of the Commissioner every wall, fence or other means of enclosure of a Diamond Protection Area, and every notice board, gate and lock required to be provided under subregulation (1) of regulation 5 of these Regulations.

7.   Amendment of boundaries of Diamond Protection Area

   (1) The holder of a Diamond Protection Area established or deemed to have been established under these Regulations shall not make or permit to be made any alteration to the boundaries and other details pertaining to the establishment of such Diamond Protection Area as shown on the plan attached to the certificate of establishment thereof, except in accordance with subregulation (2) or subregulation (3) of this regulation.

   (2) The Commissioner may by notice in writing at any time require the holder of a Diamond Protection Area to alter or amend the boundaries and other details pertaining to the establishment of such Diamond Protection Area and may issue directions as to the manner in which and the time within which such alterations and amendments shall be made; and if the holder fails to comply with any such directions he shall be deemed to have contravened these Regulations.

   (3) The holder of a Diamond Protection Area who wishes to alter or amend the boundaries or other details pertaining to the establishment of such Diamond Protection Area, or upon whom a notice has been served by the Commissioner under subregulation (2) of this regulation, shall forward to the Commissioner through the Mines Officer a plan in triplicate drawn to the same scale as the original plan, showing such alteration or amendment. After approval of such amended plan by the Commissioner and the subsequent inspection and approval by the Commissioner or any officer authorised in that behalf by him of the work executed in pursuance of such amended plan, the Commissioner shall amend the certificate of establishment of a Diamond Protection Area issued in respect of such area under regulation 5 of these Regulations, by endorsing on the plan attached thereto the word "cancelled" and attaching to the said certificate a copy of the amended plan on which shall be endorsed the words "amended plan", and shall sign and date both of the said endorsements. Every variation of the boundaries of a Diamond Protection Area shall take effect as from the date of issue of the amended certificate.

8.   Disestablishment of Diamond Protection Area

   The Commissioner may at any time by notice in writing to the holder, disestablish any Diamond Protection Area. Upon receipt of notice the holder shall forthwith remove all walls, fences, or other means whereby that Diamond Protection Area is enclosed, and all notice boards relating thereto, and in default of so doing shall be deemed to have contravened these Regulations. Where any such default has occurred the Commissioner may cause the same to be remedied, and thereupon the holder shall, in addition to any penalty incurred in respect of that default, be liable to pay to the Commissioner such sum as is certified by the Commissioner for Mines to have been incurred in remedying the default.

9.   Notifications in the Gazette as to Diamond Protection Areas

   The Commissioner shall, by notice in the Gazette, notify the establishment, disestablishment and amendment of the boundaries of every Diamond Protection Area and such notification shall contain a description of the boundaries of such area or a reference to the plan applicable thereto deposited in the Department of Mines.

10.   Entry into Diamond Protection Area

   (1) Subject as provided in this regulation no person shall enter or remain upon any Diamond Protection Area without the authority of the holder which shall be in writing or shall consist of some identification mark issued by or under the authority of that holder or by a police officer authorised in that behalf by the Inspector General of Police:

   Provided that nothing in this regulation shall prevent or be construed as preventing from entering any Diamond Protection Area any person authorised to enter such Diamond Protection Area by virtue of an authorisation given by the Commissioner for the purposes of subsection (1) of section 21 of the Act.

   (2) The following persons are hereby authorised to enter and remain upon a Diamond Protection Area at any time in the lawful execution of their duties–

   (a)   the Commissioner for Mines;

   (b)   the Labour Commissioner;

   (c)   The Inspector-General of Police;

   (d)   the administrative officer for the time being in charge of the district in which such area is situated;

   (e)   the mines officer and members of his staff not below the rank of inspector of mines;

   (f)   the police officer authorised by the Inspector General of Police for the purposes of subregulation (1) of this regulation;

   (g)   the driver of any motor vehicle when used for conveying any of the officers mentioned in paragraphs (a) to (f) inclusive of this subregulation.

   (3) The holder of a Diamond Protection Area shall provide the persons mentioned in subregulation (2) of this regulation with such means of identification as he may consider expedient, but the absence of any such means of identification shall not derogate from the powers conferred by the said subregulation.

   (4) No person shall enter or leave any Diamond Protection Area otherwise than through one of the points of entry or exit, as the case may be, established under regulations 4 and 5 of these Regulations.

   (5) Any person found within the boundaries of a lawfully established Diamond Protection Area shall, unless he has entered such area in accordance with the provisions of this regulation, be deemed to have contravened these Regulations.

   (6)(a) Subject as provided in paragraph (b) of this subregulation, no person shall drive or bring any vehicle into a Diamond Protection Area unless such vehicle is accompanied by one or more mines guards.

   (b) Paragraph (a) of this subregulation shall not apply to–

   (i)   any vehicle owned by the holder of the diamond Protection Area; or

   (ii)   any vehicle used by any Government officer authorised to enter a Diamond Protection Area under subregulation (2) of this regulation.

   (c) In this subregulation the expression "mines guards" means persons authorised by the holder of the Diamond Protection Area concerned to guard the same, and included any member of the Police Force authorised to enter such area in the course of his duties.

11.   Authorisations under section 21(1) of Act

   (1) The Commissioner's authorisation to exercise the powers specified in subsection (1) of section 21 of the Act shall not be transferable and shall, subject as thereinafter provided, be in one or other of the following forms–

   (a)   in the Form B in the Schedule which, subject to the restrictions, if any, set out, shall authorise the person named to exercise the aforesaid powers within a diamond area; or

   (b)   in the Form C in the Schedule which, subject to the restrictions, if any, therein set out, shall authorise the person named to exercise the aforesaid powers within a Diamond Protection Area.

   (2) Every holder of an authorisation issued under this regulation shall, immediately upon receipt, affix his usual signature, or, if illiterate, his thumb print, in the space provided and until this has been done that authorisation shall be of no effect.

12.   Duration of authorisation

   (1) Every authorisation issued under regulation 11 of these Regulations shall, unless previously revoked by the Commissioner remains in force until the 31st day of December next following the date of issue, or, when the holder is an employee of an authorised diamond miner, until the termination of his services with the authorised diamond miner by whom he was employed at the time the authorisation was issued, whichever is earlier.

   (2) Upon the expiry or revocation of that authorisation the holder thereof shall:

   (a)   if he is the owner or manager of the diamond undertaking without delay forward the same by registered post to the Commissioner; and

   (b)   if he is an employee of such owner or manager, forthwith surrender the same to his employer who shall without delay forward it by registered post to the Commissioner.

13.   Commissioner for Mines may restrict or modify powers conferred by authorisation

   When issuing any such authorisation under Regulation 11, and at any time during the currency thereof, the Commissioner in his discretion may by endorsement, and without assigning any reason, vary, restrict or modify the powers conferred, and that authorisation shall thereafter be used only in accordance with such varied, restricted or modified powers.

14.   Commissioner may revoke authorisation

   The Commissioner may at any time, without assigning any reason, revoke any authorisation issued by him under section 21(1) of the Act and thereupon the same shall be deemed to have expired and the provisions of regulation 12(2) of these Regulations shall apply.

15.   Persons and vehicles to be searched without delay

   Any person or vehicle detained for purposes of search under any authorisation issued under section 21(1) of the Act, or by any police officer, shall be searched without delay, and no person shall thereafter be detained unless arrested.

16.   Persons arrested not to be detained unnecessarily

   No person arrested by the holder of any authorisation issued under section 21(1) of the Act shall be detained in custody longer than is reasonably necessary for him to be removed to the nearest police station.

PART III
SUPERVISION OF LABOUR (regs 17-19)

17.   Labourers not to engage in mining or prospecting without supervision

   (1) No holder of any claim or lease granted for the purpose of mining for diamonds, or of any land held or utilised for or in connection with such purpose or of any exclusive licence authorising the holder to prospect for diamonds, shall permit any labourer to engage in any mining, concentration, treatment, recovery of or prospecting for diamonds except under his own personal supervision or that of another authorised diamond miner.

   (2) No holder of a prospecting right endorsed with authority to prospect for diamonds shall permit any prospecting to be carried out under the authority of his prospecting right except in his presence and under his immediate supervision.

18.   Temporary absence of supervisor

   When it becomes necessary for any person responsible for supervision under subregulation (1) of regulation 17 of these Regulations to absent himself from the labourers under his supervision he may depute one of such labourers to exercise temporary supervisors for a period not exceeding one hour, and in every such case he shall provide such labourer with a written authority stating the reasons for his absence and the time at which he left.

19.   Gravitating and sorting prohibited during temporary absence of supervisor

   Notwithstanding anything contained in these Regulations no labourer temporarily supervising other labourers during the absence of the supervision shall be permitted or shall himself permit any labourer under this charge to gravitate or sort, and no written authority shall include or be deemed to include permission or consent:

   Provided that the working of a machine actually employed in washing and in motion at the time of departure of such supervisor and the continuance of washing operations solely by such mechanical method may be allowed to proceed during the temporary absence of the supervisor.

PART IV
TRAFFIC IN DIAMONDS (regs 20-24)

20.   Diamond dealer's licence

   (1) A diamond dealer's licence shall be in the Form D in the Schedule.

   (2) Every licensed diamond dealer shall at all times cause his diamond dealer's licence to be displayed in a prominent position at the place of business described in the licence and to be kept available for examination at any time by the Commissioner or any person duly authorised by him in pursuance of the provisions of section 21(1) of the Act, or by any police officer.

21.   Register of diamond dealers

   A register of licensed diamond dealers shall be kept at the office of the Commissioner and at such other offices as the Commissioner may direct and shall be open to inspection by the public free of charge.

22.   Export and import of diamonds

   (1) A permit to export diamonds issued by or under the authority of the Commissioner shall be in the Form E in the Schedule hereto and may require the holder to export such diamonds by registered letter or insured box post or insured parcel post and may specify the post office or other place at which such diamonds shall be presented for export. Every such permit as aforesaid shall be surrendered by the exporter at the time of export to the postmaster or customs official through whom the export is effected and such official shall forthwith forward such export permit to the officer by whom it was issued.

   (2) No holder of a permit to export diamonds shall export diamonds otherwise than in accordance with the requirements or conditions of such permit.

   (3) A permit to export diamonds shall be issued only in respect of diamonds which have first been examined and weighed by or under the authority of the Commissioner and packed in a container the outer cover of which has been sealed at every opening with the seal of the Department of Mines or such other seal as the Commissioner in writing may approve. The permit shall cease to be valid as an authorisation for the export of diamonds in the event of any of the seals attached to the container openings being broken prior to export.

   (4) Diamonds destined for an approved valuer in the United Kingdom shall be addressed to the Crown Agents for Overseas Governments and Administrations, 4, Millbank, Westminster, London, S.W.1 or to a Bank approved by the Commissioner.

   (5) A permit to import diamonds shall be in the Form F in the Schedule and shall not be issued until the importer has made a declaration in the Form G in the Schedule before the Commissioner or such other officer as the Commissioner may authorise in that behalf.

   (6)(a) Every permit to import diamonds shall be subject to the condition that upon the arrival in the country of the diamonds to which such permit relates, the validity of such permit shall be confirmed by the Commissioner by endorsement thereon before such diamonds may be released by a Collector of Customs.

   (b) For the purposes of the confirmation of a permit under paragraph (a) of this subregulation such permit shall be submitted to the Commissioner through a Collector of Customs, who is required to forward the same to the Commissioner for Mines.

   (c) Upon receiving a permit to import diamonds confirmed by the Commissioner under this subregulation, and not before, a Collector of Customs shall–

   (i)   endorse on such permit the date and place of importation of the diamonds to which the permit relates and his signature; and

   (ii)   return the permit to the importer of such diamonds for retention by him as authorisation for the possession of such diamonds; and

   (iii)   release the diamonds to the importer of the same.

   (7)(a) No permit to export diamonds which have been imported into the country subsequent to the coming into operation of these Regulations shall be issued unless the permit by virtue of which such diamonds were imported has been submitted to the Commissioner or such other officer as the Commissioner may authorise in that behalf and unless the Commissioner or such other officer is satisfied that the diamonds to be exported are the diamonds to which the import permit relates and that there is no objection in any other respect to the re-exportation of the diamonds.

   (b) If the Commissioner or such other officer is satisfied as mentioned in paragraph (a) of this subregulation he may issue an export permit in respect of such diamonds and–

   (i)   if the diamonds to be re-exported comprise the whole of the diamonds to which the import permit relates, shall cancel and retain such import permit;

   (ii)   if the diamonds to be re-exported do not comprise that whole of the diamonds to which the import permit relates, shall endorse on such import permit full particulars relating to the diamonds to be re-exported, including particulars as to the weight of the same, and shall return such import permit to the person who submitted it.

23.   Valuation of diamonds for assessment of royalty

   (1) The Commissioner may appoint valuers for the purpose of assessing the value of diamonds mined within the country with a view to ascertaining the amount of ad valorem amount of ad valorem royalty payable on such diamonds, and shall cause the name and address of every valuer so appointed to be published in the Gazette.

   (2) The value of diamonds mined within the country for the purpose of ascertaining the amount of ad valorem royalty payable thereon–

   (a)   shall, subject to the provisions of subregulations (6) and (7) of this regulation, be assessed at such place and by the valuers appointed under subregulation (1) of this regulations as the Commissioner may approve; and

   (b)   shall be calculated according to the market price ruling in London for diamonds of a similar quality and size at the time of the assessment of such value.

   (3) Where an approved valuer has valued any diamonds, he shall seal such diamonds at the time when he delivers the same to the producer, exporter or consignee, as the case may be.

   (4) The producer, exporter or consignee of diamonds shall have the right to object to the valuation of such diamonds as assessed by an approved valuer within 28 days from the date of the delivery of the diamonds by the approved valuer to the producer, exporter or consignee, as the case may be:

   Provided that no such objection shall be made or entertained if the seal affixed to the diamonds by the approved valuer has been removed or tampered with otherwise than in the presence of that approved valuer.

   (5) Every objection under subregulation (4) of this regulation shall be in writing and shall be sent to the Commissioner.

   (6) If any dispute arises between the Government and the producer, exporter or consignee of any diamonds as to the correctness of the valuation given by an approved valuer, the matter shall be submitted to the arbitration of a person to be agreed upon for the purpose by the Government and such producer, exporter or consignee. In the event of failure to reach an agreement as to the person to be appointed as arbitrator, the arbitrator shall be some person to be nominated by the President of the London Chamber of Commerce (Incorporated), and in such event the hearing and determination of the arbitration proceedings shall take place in London, England, in accordance with the law of arbitration for the time being in force in England.

   (7) Where a dispute relating to the valuation of any diamonds is submitted to an arbitrator under subregulation (6) of this regulation and he assesses the value of the diamonds, the assessment so made by him shall be the value of the diamonds for the purpose of ascertaining the amount of ad valorem royalty payable thereon.

24.   Valuation and official agency fees

   An exporter of diamonds shall pay valuation and official agency fees at such rates as the Commissioner may from   time to time notify by publication in the Gazette.

PART V
REGISTRATION AND STORAGE OF DIAMONDS (regs 25-30)

25.   Diamond Register to be kept

   Every licensed diamond dealer shall keep at the place of business specified in his licence, and every holder of an exclusive licence, claim or lease granted for the purpose of prospecting or mining for diamonds shall keep at an office on or near the area in respect of which such exclusive licence, claim or lease is held, or as may be required by the Commissioner, a Diamond Register in the Form H in the Schedule hereto, and shall enter particulars of the matters mentioned in such Form.

26.   Particulars to be entered within a time limit

   Subject to the provisions of regulation 28 of these Regulations, the particulars required to be entered in the Diamond Register–

   (a)   by a licensed diamond dealer shall be entered by him immediately after every receipt, despatch or disposal by him of diamonds;

   (b)   by the holder of an exclusive licence, claim or lease granted for the purpose of prospecting or mining for diamonds, shall be entered by him within nine hours after any diamond–

      (i)   comes into his possession or under his control;

      (ii)   leaves his possession or control,

and every entry so made in the Diamond Register shall be signed at the time of entry by the person making the same.

27.   Copy of Diamond Register to rendered monthly

   On or before the third day of each calendar month every licensed diamond dealer and every holder of an exclusive licence, claim or lease, granted for the purpose of prospecting or mining for diamonds shall forward to the Commissioner through the mines officer a true and accurate copy in duplicate of his Diamond Register for the preceding month. Every such copy shall be signed and certified to be a true copy by the licensed diamond dealer or by the holder, as the case may be.

28.   Signature of diamond dealer, etc.

   Where under regulation 26 or regulation 27 of these Regulations an entry or copy of a register is required to be made and signed by a licensed diamond dealer or by a holder of an exclusive licence, claim or lease granted for the purpose of prospecting or mining for diamonds–

   (a)   if such licensed diamond dealer or holder is an individual such entry or copy may be made and signed on his behalf by his lawfully constituted attorney if such attorney has been approved by the Commissioner as an authorised diamond miner;

   (b)   if such licensed diamond dealer or holder is a corporation, company or partnership such entry or copy shall be made and signed on behalf of such corporation, company or partnership by a responsible person duly appointed for the purpose by such corporation, company or partnership and shall be countersigned by another person who shall be a director, manager or secretary of the corporation or company, or a manager, secretary or partner of such partnership, as the case may be.

29.   Storage and safe custody of diamonds

   (1) Every person having possession, custody or control or any diamonds shall–

   (a)   at all times keep such diamonds in a safe and secure place accessible only to himself and to such persons as he may authorise to have access to the same; and

   (b)   ensure that the diamonds when in transit at any time anywhere in the country are transported to their destination without delay and by the most direct route.

   (2) The Commissioner may, by notice in writing to any person having possession, custody or control of any diamonds, without assigning a reason–

   (a)   require that person to store in such place and in such manner as may be specified in the notice all diamonds or any particular diamonds possessed or received by him or under or coming under his control;

   (b)   prohibit the storage of diamonds or any particular diamonds in such place and manner as may be specified in the notice;

   (c)   prohibit the custody of diamonds or any particular diamonds by such person or persons as may be specified in the notice.

   (3) If any requirement of a notice issued under subregulation (2) of this regulation is not carried out immediately after receipt by the person to whom the same is directed, that person shall be deemed to have contravened these Regulations.

30.   Mines and police officers may require removal of diamonds to a bank

   (1) Any officer of the Department of Mines of or above the rank of Inspector of Mines, or any police officer not below the rank of Inspector may, if he considers it necessary in the interests of safe custody, require any person having possession, custody, or control of any diamonds to deposit part or all of his stock of diamonds, or any particular diamond, at a bank pending its disposal. The nature of the contents of every parcel for diamonds deposited at a bank in accordance with this regulation shall be declared to the bank by the owner or depositor thereof at the time of deposit and the bank shall, if so required, produce such diamond or diamonds at their premises of inspection by any such officer of the Department of Mines or police officer as aforesaid.

   (2) Every person required under this regulation to deposit any diamonds at a bank shall comply with such requirements within such period as the officer making the requirement may specify, and if he fails to do so without reasonable excuse he shall be deemed to have contravened these Regulations.

SCHEDULE
FORMS

FORM A
CERTIFICATE OF ESTABLISHMENT OF A DIAMOND PROTECTION AREA

The Diamond Industry Protection Regulations

(Regulations 5(2) and (3)(d))

   It is hereby certified that the area described in the Schedule has been established as a Diamond Protection Area in accordance with the provisions of Part II of the Diamond Industry Protection Regulations, by .................................................................................................
of ........................................................ as from the ........................ day of ........................
20........

SCHEDULE

   All that piece or parcel of land comprising approximately ..................... hectares, situated on 1 .................................. held by ..................................................... at in the District of ................................. as is more particularly described on registered plan No. .................... attached hereto and thereon edged in red ............................. 20........

..............................................
Commissioner for Mines

FORM B
AUTHORISATION TO SEARCH, ARREST, ETC. WITHIN A DIAMOND AREA

The Diamond Industry Protection Regulations

(Regulation 11(1)(a))

   The bearer (full name, stating whether Mr., Mrs., or Miss) of (give full address) .......................................................................................................................................
...................................................................................................................................... 1 employee of (give full name and address of employer) .........................................................
.......................................................................................................................................
is hereby authorised to exercise the powers (2 excluding power to search female persons) specified in section 21(1) of the Diamond Industry Protection Act, within the diamond area situated at ............................................ in the administrative district of ..............................
comprising (give registered numbers of mining claims, leases, etc., and name of ...................
............................ holder) ........................................ and land situated within two kilometres beyond the boundaries thereof, including any Diamond Protection Area contained within such diamond area, subject to the provisions of the Diamond Industry Protection Act, and of any Ordinance amending the same and of any regulations made under the Act for the time being in force and to the following restrictions, namely–

   (a)   this authorisation conveys no authority to the holder hereof to enter upon any Diamond Protection Area or any area in respect of which any exclusive prospecting licence, claim or lease, has been granted or any other land, which is lawfully held by an authorised diamond miner not being the holder of this authorisation himself or his employer, or to exercise any of the powers conferred by this authorisation, except with the consent of such authorised diamond miner endorsed hereon;

   3 (b)   (insert any further restriction) ................................................................................

   This authorisation expires on the 31st day of December next following the date of its issue 4 or upon the termination of the holders' employment by the employer named herein, whichever is the earlier, and shall be surrendered immediately to the Commissioner.

   Dated at Dar es Salaam this ......................... day of ......................... 20........

.............................................................
Signature (or thumb print) of holder

.............................................
Commissioner for Mines

FORM C
AUTHORISATION TO SEARCH, ARREST, ETC., WITHIN A DIAMOND PROTECTION AREA ONLY

The Diamond Industry Protection Regulations

(Regulation 11(1)(b))

   The bearer (full name, stating whether Mr., Mrs. or Miss) .................................................
.................................................... of (give full address) .....................................................
.................................................................................................................... 1 employee
of (give full name and address of employer) .........................................................................
........................................................................................................................... is hereby authorised to exercise the powers (2 excluding power to search female persons) specified in section 21(1) of the Diamond Industry Protection Act, within the Diamond Protection Area(s) established on (give registered numbers of mining claims, leases, etc., and name of holder) .............................................. situated at ........................................... in the administrative district of .................................... subject to the provisions of the Diamond Industry Protection Act, and of any Act amending the same and of any regulations made under that Act for the time being in force and to the following restrictions, namely–

   (insert restrictions, if any) ............................................................................................

   This authorisation expires on the 31st day of December next following the date of its issue 3 or upon the termination of the holder's employment by the employer named herein, whichever is the earlier, and shall be surrendered immediately thereafter to the Commissioner.

   Dated at Dar es Salaam this ......................... day of ......................... 20........

..............................................
Commissioner for Mines

.............................................................
Signature (or thumb print) of holder

FORM D
DIAMOND DEALER'S LICENCE

The Diamond Industry Protection Regulations

(Regulation 20(1))

   Licence is hereby granted to (full name) ..........................................................................
.............................................. of (full address) ..................................................................
...................................................................................................................................... to deal in, sell and purchase diamonds for the period ending the 31st day of December, 20........

   Business under this licence shall be transacted only at the premises situated on (estate land officer plot no.) ............................................ at ........................................... in the .......................................... District. The licensee shall be liable for the due payment of all royalties and other prescribed fees in respect of diamond bought, sold, received or exported by him.

Dated at ........................................ this ......................... day of ......................... 20........

................................................
Commissioner for Mines

Fee if issued on or before 30th June, Shs. 100/-.

Fee if issued after 30th June, Shs. 60/-.

   Note: This licence must be displayed in a prominent position at the place of business described herein.

FORM E
EXPORT PERMIT

The Diamond Industry Protection Regulations

(Regulation 22(1))

No. ...............................

   Permission is hereby granted to (full name) ....................................................................
................................. of (full address) ...............................................................................
........................................................................................................ on behalf of (name and address of owner of the diamonds) .....................................................................................
......................................................................................... to export one package containing (number) ......................................... diamonds of a total nett weight ...................................
metric carats including the following diamonds of ten metric carats and over in weight each, declared separately as under–


   by (state means of transmission from the country and post office or place at which the diamonds are to be exported) ........................................................................................
...................................................................................................................................
to the Crown Agents for Overseas Governments and Administrations, 4, Millbank, Westminster, London, S.W.1, or to (1 name and address) ..............................................
........................................................................................................... approved valuer.


   This permit is valid for a period of ......................... days from the date hereof.

   2 This permit is issued subject to the following condition(s)–

Dated at ........................................ this ......................... day of ......................... 20........

..............................................................
3 (By authority of) Commissioner for Mines

FORM F
IMPORT PERMIT

The Diamond Industry Protection Regulations

(Regulation 22(5))

   Permission is hereby granted to (full name) .....................................................................
........................................... of (full address) ......................................................................
............................................................................................................. to import (number)
...................................... rough and uncut diamond(s) of a total nett weight of ......................
metric carats and of a total value declared by the importer as being £......................... including the following diamond(s) of ten metric carats and over in weight, each declared separately as under–

   (give weight, description and declared value of each diamond)
..................................................................................................................................
..................................................................................................................................
..................................................................................................................................
..................................................................................................................................

   The diamond(s) shall be imported at (state name of Customs station at which entry is to be made) ................................... on or before (state date) ..............................; otherwise this permit shall be null and void.

1 This permit is issued subject to the following condition(s)–

Dated at ........................................ this ......................... day of ......................... 20........

............................................................
2 (By authority of) Commissioner for Mines

For completion by Customs Department

   The diamonds to which this import permit refers were imported by (full name and address
of importer) .......................................................................................................................
........................................................................................................................................
from ..................................................... at (place of entry) ................................................
on (date) ..................................... 20........

........................................................
Collector of Customs

N.B. This Permit must be submitted to a Collector of Customs at the time of the importation of the diamonds to which it relates for confirmation by the Commissioner.

FORM G
DECLARATION ON IMPORTATION OF DIAMONDS

The Diamond Industry Protection Regulations

(Regulation 22(5))

To the Commissioner for Mines

      (or other authorised officer)

   I (full name) ..................................................................................................................
of (address) ......................................................................................................................
....................................................................................... do hereby solemnly and sincerely declare as follows–

      1.   I am in possession of and/or desire to import (number) ............................ rough and uncut diamond(s) weighing .................... metric carats (give total value and general description of diamonds, and weight, value and detailed description of each diamond weighing ten metric carats or over)–

      2.   Importation will be made at (state name of Customs station at which entry is to be made) .................................................................................................

      3.   The said diamond(s) is/are my own property (or as may be) and will be used for (state purpose) ...........................................................................................

      4.   I obtained/shall obtain the said diamond(s) from (state place, name of person, and date) ..................................................................................................
.................................................................................................................
and I make this declaration conscientiously believing the same to be true.

......................................................
Signature of declarant

   Dated at ...................................... this ......................... day of ......................... 20........ before me.

.....................................................
Commissioner for Mines
(or other authorised officer)

FORM H
DIAMOND REGISTER FOR THE MONTH OF .................... 20 ........

Entries in this Register
must be made within the
period prescribed in
Regulation 26.

The Diamond Industry
Protection Regulations,
(Regulation 25)

A certified true copy of
this Register must be forwarded in duplicate
to the Commissioner for Mines through the
mines officer on or before the third day of
the succeeding month (Reg. 27).

DIAMOND REGISTER FOR THE MONTH OF ......................... 20 ......

Name and Address of Licensee Claimant, Lease-holder or Diamond Dealer ..............................................
........................................................
........................................................

This part for completion by Diamond Dealer only.

Diamond Dealer's Licence No. .............................

In respect of premises at ......................................................................................
...........................................................................................................................

DISTRICT


RECEIPTS

SALES, DISPATCHES, ETC.

TOTAL FOR MONTH

(a)
Date Re- covered or Re- ceived

(b)
Recovered or received from (See Note (1))

(c)
Diamonds 10 carats and over

(d)
Diamonds less than 10 carats

(e)
Total weight (c+d)

(f)
Signa- ture(s) of person(s) making entry (see Note (2))

(g)
Date sold, dispatched or disposed of to

(h)
Sold, dispatched or disposed of to (insert name & address)

(i)
Export permit number if exported)

(j)
Diamonds 10 carats and over

(k)
Diamonds less than 10 carats

(l)
Total weight of parcel (j+k)

No



Weight

No

Weight

No

Weight

No

Weight

Brought fwd.

Carats

Carats

Carats

Carats

Carats

Carats

NOTES

SUMMARY

CERTIFICATE

(1)   Diamond Dealers to insert name and address of person from whom received: holders of mining titles to insert registered number of licence, claim, lease or amalgamated group from which diamonds were recovered.

carats.


Brought forward .......


Total receipts(c) .....


Total dispatches (1)


Carried forward ......

It is hereby certified that this is a full and accurate record of all diamonds recovered, received, sold, dispatched or otherwise disposed of by me/us during the month and that they were acquired as shown and in a legal and bona fide manner.



.......................................
(Title) 1

(2)   In the case of a corporation, company or partnership each entry in this Register must be signed by two persons one of whom shall be a Director or responsible Manager, Secretary or Partner of such corporation, company or partnership (Reg, 28(b)).

............................... 20.....


........................................
(Title) 2

(3)   In column (d) and (k) the aggregate
weight of diamond of less than one
half of one carat in weight each may be
shown as separate entries and the
number of such diamonds need not
be entered.

................................................
Signature

(4)   All weights to be entered in metric carats.

THE MINING (PROVISIONAL LICENCES) REGULATIONS

[2nd July, 1999]

G.N. No. 214 of 1999

1.   Citation

   These Regulations may be cited as the Mining (Provisional Licences) Regulations.

2.   Holder of a provisional licence to make an application

   The holder of a provisional licence who, pursuant to paragraph 4(1) of Schedule 4 of the Mining Act * applies for a grant of a mineral right shall make the application–

   (a)   in the case of a provisional licensee who immediately before the commencement held a mining licence under the Mining Act, 1979 * and was in respect of that licence a party to an agreement with the Minister under section 15 of that Act, in the form set out in Annex A to these Regulations;

   (b)   in the case of a provisional licensee who immediately before the commencement held a mining licence under the Mining Act, 1979 and was in respect of that licence not a party to an agreement with the Minister under section 15 of that Act, in the form set out in Annex B to these Regulations;

   (c)   in the case of a provisional licensee who immediately before the commencement held a prospecting licence for minerals other than building materials or gemstones under the Mining Act, 1979 in the form set out in Annex C;

   (d)   in the case of a provisional licensee who immediately before the commencement held a prospecting licence for gemstones under the Mining Act, 1979 in the form set out in Annex D to these Regulations;

   (e)   in the case of a provisional licensee who immediately before the commencement held a prospecting licence for building materials under the Mining Act, 1979 in the form set out in Annex E;

   (f)   in the case of a provisional licensee who immediately before the commencement held a reconnaissance licence under the Mining Act, 1979 in the form set out in Annex F;

   (g)   in the case of a provisional licensee who immediately before the commencement held a claim under the Mining Act, 1979 in the form set out in Annex G;

   (h)   in the case of a provisional licensee who immediately before the commencement held a prospecting right under the Mining Act, 1979 in the form set out in Annex H.

ANNEX A
PRESCRIBED FORM OF APPLICATION FOR GRANT OF
SPECIAL MINING LICENCE BY PROVISIONAL LICENSEE PARTY
TO AN AGREEMENT WITH THE MINISTER

The Mining (Provisional Licences) Regulation, 1999

   Prescribed form of application for the grant of a special mining licence by a provisional licensee who immediately before the commencement held a mining licence under the Mining Act, 1979 and was in respect of that licence a party to an agreement with the Minister under section 15 of that Act.

1.   Pursuant to Schedule 4 paragraph 6(l) of the Act, the applicant hereby applies for a special mining licence.

2.   The particulars required for the purpose of the application are as follows:

   2.1   Name/Nationality (individual) or Name/Place of incorporation (corporation)
.........................................................................................................................
.........................................................................................................................
.........................................................................................................................

   2.2   Certified copy of mining licence granted under the Mining Act, 1979 together with attachments setting out program of mining operations and proposals for the employment and training of citizens of Tanzania. Appendix No. 1 1

   2.3   Certified copy of section 15 agreement under Mining Act, 1979 Appendix No. 2 2

   2.4.   Duration of special mining licence applied for. 3
.........................................................................................................................

3.   The applicant hereby warrants to the Minister that the above particulars are accurate as at the date of this application, and

   3.1.   undertakes to notify him in writing of any change in these particulars occurring prior to the date of issue of the special mining licence applied for or of notice of application rejection.

Dated this ........................ day of ................................

Signature of the applicant ................................................................

ANNEX B
PRESCRIBED FORM OF APPLICATION FOR GRANT OF
SPECIAL MINING LICENCE BY PROVISIONAL LICENSEE NOT PARTY
TO AN AGREEMENT WITH THE MINISTER

THE MINING ACT (CAP. 123)

(Schedule 4)

The Mining (Provisional Licences) Regulations, 1999

   Prescribed form of application 1 for the grant of a special mining licence or mining licence by a provisional licensee who immediately before the commencement held a mining licence under the Mining Act, 1979 and was in respect of that licence not party to an agreement with the Minister under section 15 of that Act.

1.   Pursuant to Schedule 4 paragraph 6(3) of the Act the applicant hereby applied for a [special mining licence] [mining licence] 2.

2.   The particulars required for the purpose of the application are as follows:

   2.1   Name [Nationality (individual) or Name/Place of incorporation (corporation)
.........................................................................................................................
.........................................................................................................................
.........................................................................................................................

   2.2   Certified copy of mining licence granted under the Mining Act, 1979 together with attachments setting out programme of mining operations and proposals for the employment and training of citizens of Tanzania. Appendix No. 1 3

   2.3   Duration of [special mining licence] [mining licence] 4 applied for. 5
.........................................................................................................................

3.   The applicant hereby warrants to the Minister that the above particulars are accurate as at the date of this application, and

   3.1.   undertakes to notify him in writing of any change in these particulars occurring prior to the date of issue of the special mining licence applied for or of notice of application rejection.

Dated this ........................ day of ........................ 20........

Signature of the applicant ................................................................

on behalf of ....................................................................................

ANNEX C
PRESCRIBED FORM OF APPLICATION BY PROVISIONAL LICENSEE
FOR GRANT OF PROSPECTING LICENCE FOR MINERALS
OTHER THAN BUILDING MATERIALS OR GEMSTONES

THE MINING ACT (CAP. 123)

The Mining (Provisional Licences) Regulations, 1999

   Prescribed form of application 1 for the grant of a prospecting licence by a provisional licensee who immediately before the commencement held a prospecting licence under the Mining Act, 1979 for minerals other than building materials or gemstones.

1.   Pursuant to Schedule 4 paragraph 7(1) of the Act the applicant hereby applies for a prospecting licence for all minerals other than building materials or gemstones.

2.   The particulars required for the purpose of the application are as follows:

   2.1   Name/Nationality (individual) or Name/Place of incorporation (corporation)
.........................................................................................................................
.........................................................................................................................
.........................................................................................................................

   2.2   Certified copy of the prospecting licence granted under the Mining Act, 1979. Appendix No. 1 2

   2.3   If the prospecting licence has been renewed the date of each such renewal. 3
.........................................................................................................................

   2.4   The duration of prospecting licence applied for. 4
.........................................................................................................................

   2.5   The amount expended on prospecting operations 5 in the prospecting area by the provisional licensee or his predecessor in title for each year since the licence was granted under the Mining Licence Act, 1979 supported by receipts, vouchers or other documentary evidence satisfactory to the commissioner.
.........................................................................................................................

   2.6   If the provisional licensee is a party to an Agreement with the Minister a certified copy of the Agreement. Appendix No. 2 6

3.   The applicant hereby warrants to the Minister that the above particulars are accurate as at the date of this application, and

   3.1.   undertakes to notify him in writing of any change in these particulars occurring prior to the date of issue of the prospecting licence applied for or of notice of application rejection.

Dated this ........................ day of ........................ 20........

Signature of the applicant ................................................................

ANNEX D
PRESCRIBED FORM OF APPLICATION BY PROVISIONAL LICENSEE
FOR GRANT OF PROSPECTING LICENCE FOR GEMSTONES

THE MINING ACT (CAP. 123)

(Schedule 4)

The Mining (Provisional Licences) Regulations, 1999

   Prescribed form of application 1 for the grant of a prospecting licence for gemstones by a provisional licensee who immediately before the commencement held a prospecting licence under the Mining Act, 1979 for gemstones.

1.   Pursuant to Schedule 4 paragraph 8(1) of the Act the applicant hereby applies for a prospecting licence for gemstones.

2.   The particulars required for the purpose of the application are as follows–

   2.1   Name/Nationality (individual) or Name/Place of incorporation (corporation).
.........................................................................................................................
.........................................................................................................................
.........................................................................................................................

   2.2   Certified copy of the prospecting licence granted under the Mining Act, 1979. Appendix No. 1 2

   2.3   The amount expended on gemstone prospecting operations 3 in the prospecting area by the provisional licensee or his predecessor in title for each year since the licence was granted under the Mining Act, 1979 supported by receipts, vouchers or other documentary evidence satisfactory to the Commissioner.

3.   The applicant hereby warrants to the Minister that the above particulars are accurate as at the date of this application, and

   3.1.    undertakes to notify him in writing of any change in these particulars occurring prior to the date of issue of the prospecting licence for gemstones applied for or of notice of application rejection.

Dated this ........................ day of ........................ 20........

Signature of the applicant ................................................................

ANNEX E
PRESCRIBED FORM OF APPLICATION BY PROVISIONAL LICENSEE
FOR GRANT OF PROSPECTING LICENCE FOR BUILDING MATERIALS

THE MINING ACT (CAP. 123)

(Schedule 4)

The Mining (Provisional Licences) Regulations, 1999

   Prescribed form of application 1 for the grant of a prospecting licence for building materials by a provisional licensee who immediately before the commencement held a prospecting licence under the Mining Act, 1979 for building materials.

1.   Pursuant to Schedule 4 paragraph 7(1) of the Act, the applicant hereby applies for a prospecting licence for building materials.

2.   The particulars required for the purpose of the application are as follows

   2.1   Name/Nationality (individual) or Name/Place of incorporation (corporation)
.........................................................................................................................
.........................................................................................................................
.........................................................................................................................

   2.2   Certified copy of the prospecting licence granted under the Mining Act, 1979. Appendix No. 1 2

   2.3   If the prospecting licence has been renewed the date of each such renewal. 3
.........................................................................................................................

   2.4   The duration of prospecting licence applied for. 4
.........................................................................................................................

   2.5   The amount expended on prospecting operations for building materials 5 in the prospecting area by the provisional licensee or his predecessor in title for each year since the licence was granted under the Mining Act, 1979 supported by receipts, vouchers or other documentary evidence satisfactory to the Commissioner.

3.   The applicant hereby warrants to the Minister that the above particulars are accurate as at the date of this application, and

   3.1.   undertakes to notify him in writing of any change in these particulars occurring prior to the date of issue of the prospecting licence for building materials applied for or of notice of application rejection.

Dated this ........................ day of ........................ 20........

Signature of the applicant ................................................................

ANNEX F
PRESCRIBED FORM OF APPLICATION FOR GRANT OF PROSPECTING LICENCE
BY PROVISIONAL LICENSEE WHO HELD A RECONNAISSANCE LICENCE

THE MINING ACT (CAP. 123)

(Schedule 4)

The Mining (Provisional Licences) Regulations, 1999

   Prescribed form of application 1 for the grant of prospecting licence by a provisional licensee who immediately before the commencement held a reconnaissance licence under the Mining Act, 1979.

1.   Pursuant to Schedule 4 paragraph 7(1) of the Act the applicant hereby applies for a prospecting licence for all minerals other than building materials or gemstones granting to the applicant a preliminary reconnaissance period in accordance with section 25.

2.   The particulars required for the purpose of the application are as follows–

   2.1   Name/Nationality (individual) or Name/Place of incorporation (corporation)
.........................................................................................................................
.........................................................................................................................
.........................................................................................................................

   2.2   Certified copy of the reconnaissance licence granted under the Mining Act, 1979. Appendix No. 1 2

   2.3   The duration of prospecting licence applied for 3
.........................................................................................................................

   2.4   The amount expended on reconnaissance operations 4 in the reconnaissance licence area by the provisional licensee or his predecessor in title for each year since the licence was granted under the Mining Act, 1979 supported by receipts, vouchers or other documentary evidence satisfactory to the commissioner.
.........................................................................................................................

   2.5   If the provisional licensee is a party to an Agreement with the Minister a certified copy of the Agreement. Appendix No. 2 5

3.   The applicant hereby warrants to the Minister that the above particulars are accurate as at the date of this application, and

   3.1.   undertakes to notify him in writing of any change in these particulars occurring prior to the date of issue of the prospecting licence applied for or of notice of application rejection.

Dated this ........................ day of ........................ 20........

Signature of the applicant ................................................................

ANNEX G
PRESCRIBED FORM OF APPLICATION FOR GRANT OF PRIMARY MINING LICENCE BY PROVISIONAL LICENSEE WHO HELD A REGISTERED CLAIM

THE MINING ACT (CAP. 123)

(Schedule 4)

The Mining (Provisional Licences) Regulations, 1999

   Prescribed form of application 1 for the grant of a primary mining licence by a provisional licensee who immediately before the commencement date held a registered claim under the Mining Act, 1979.

1.   Pursuant to Schedule 4 paragraph 6(1) of the Act, the applicant hereby applies for a primary mining licence. 2

2.   The particulars required for the purpose of the application are as follows–

   2.1   Name/Nationality and Place of Birth (individual) or Name/Place of incorporation (corporation)
.........................................................................................................................
.........................................................................................................................
.........................................................................................................................

   2.2   Date of registration of claim
.........................................................................................................................

   2.3   Description of the area covered by the claim
.........................................................................................................................

3.   The applicant hereby warrants to the Minister that the above particulars are accurate as at the date of this application, and

   3.1.   undertakes to notify him in writing of any change in these particulars occurring prior to the date of issue of the primary mining licence applied for or of notice of application rejection.

Dated this ........................ day of ........................ 20........

Signature of the applicant ................................................................

To be attached: original claim title(s)

ANNEX H
PRESCRIBED FORM OF APPLICATION FOR GRANT OF PRIMARY PROSPECTING
LICENCE BY PROVISIONAL LICENSEE WHO HELD A PROSPECTING RIGHT

THE MINING ACT (CAP. 123)

(Schedule 4)

The Mining (Provisional Licences) Regulations, 1999

   Prescribed form of application for the grant of a primary prospecting licence by a provisional licensee who immediately before the commencement held a prospecting right under the Mining Act, 1979.

1.   Pursuant to Schedule 4 paragraph 6(l) of the Act, the applicant hereby applies for a primary prospecting licence.

2.   The particulars required for the purpose of the application are as follows...

   2.1   Name/Nationality (individual) or Name/Place of incorporation (Corporation)
.........................................................................................................................
.........................................................................................................................
.........................................................................................................................

   2.2   Date of issue and prospecting right No. ...............................................................
........................................................................................................................

   2.3   Type of mineral and area covered under the prospecting right
.........................................................................................................................
.........................................................................................................................
.........................................................................................................................

3.   The applicant hereby warrants to the Minister that the above particulars are accurate as at the date of this application, and

   3.1.   undertakes to notify him in writing of any change in these particulars occurring prior to the date of issue of the primary prospecting licence applied for or of notice of application rejection.

Dated this ........................ day of ........................ 20........

Signature of the applicant ................................................................

To be attached: original prospecting right.

THE MINING (MINERAL TRADING) REGULATIONS

[2nd July, 1999]

G.Ns. Nos.
215 of 1999
147 of 2001

PART I
PRELIMINARY PROVISIONS (regs 1-2)

1.   Citation

   These Regulations may be cited as the Mining (Mineral Trading) Regulations.

2.   Interpretation

   In these Regulations unless the context otherwise requires–

   "the Act" means the Mining Act *;

   "approved valuer" means a valuer appointed by the Minister under regulation 16;

   "buy" includes receive as pledge or security;

   "precious minerals" means raw gold or gemstones;

   "sell" includes deposit as pledge or security.

PART II
DEALING IN MINERALS (regs 3-9)

3.   No export without permit

   No authorised miner and no licensed dealer shall export any mineral which, in the case of an authorised miner, has been produced by him from the mining area, or in the case of a licensed dealer has been purchased by him from an authorised miner or a licensed broker unless–

   (a)   he has obtained from the Commissioner a permit to export the mineral which evidences the payment by the authorised miner of royalty or provisional royalty, or, in the case of a licensed dealer, the making of a payment or a provisional payment in lieu of royalty, in accordance with the provisions of Part VI of the Act;

   (b)   the minerals are exported in accordance with any conditions, not inconsistent with the Act or applicable Regulations, set forth in the permit;

   (c)   in the case of geological samples, core or chips, he has obtained an export permit from the Commissioner.

4.   No import without permit

   No authorised miner and no licensed dealer, licensed broker or authorised lapidary may import any precious minerals unless he has obtained from the Commissioner a permit to import those minerals.

5.   Application procedures and export permit

   (1) An application for a permit to export precious minerals and samples of precious minerals shall be in the Form MTF. 1 as is set out in the Second Schedule and a permit to export precious minerals and samples of precious minerals in the Form MTF. 2 is set out in the Second Schedule.

   (2) A permit to export precious minerals and samples of precious minerals shall be issued only in respect of precious minerals and samples of precious minerals which have first been examined and weighed by the Commissioner and packed in a container the outer cover of which has been sealed at every opening with the seal of the Minerals Division or such other seal as the Commissioner in writing may approve.

   (3) A permit to export precious minerals or samples of precious minerals shall cease to be valid in the event that any of the seals affixed to the container under the provisions of subregulation 2 of this regulation are broken prior to export.

   (4) Every permit to export precious minerals and samples of precious minerals shall, at the time of export, be surrendered by the licensed dealer to the postmaster or customs official through whom the export is effected and the postmaster or customs official as the case may be shall forthwith forward such permit to the Commissioner by whom it was issued.

6.   Application for a permit to import precious minerals

   (1) An application for a permit to import precious minerals shall be in Form MTF. 3 set out in the Second Schedule and a permit to import precious minerals shall be in the Form MTF. 4 set out in the Second Schedule to these Regulations.

   (2) The fees specified in First Schedule shall be payable for an application for or the grant of a permit to import.

   (3) Every permit to import precious minerals shall be subject to the condition that, upon arrival in Tanzania of the minerals to which the permit relates the validity of the permit shall be confirmed by the Commissioner by an endorsement thereon to that effect before such minerals may be released by a collector of customs.

   (4) For the purpose of confirmation of the validity of a permit under subregulation (3), the permit shall be submitted to the Collector of Customs who shall forthwith forward the same to the Commissioner.

   (5) When a Collector of Customs receives a permit to import precious minerals whose validity has been duly confirmed by the Commissioner under this Regulation, he shall–

   (a)   endorse on such permit the date and place of importation of the precious minerals to which the permit relates and his signature;

   (b)   return such permit to the licensed dealer importing the precious minerals for retention by the licensed dealer as an authorisation for the possession of the precious minerals imported; and

   (c)   release the precious minerals to the licensed dealer importing the same.

7.   Permit to re-export

   (1) Precious minerals which have been imported into Tanzania subsequent to the coming into force of these Regulations may not be exported by an authorised miner, a licensed dealer, a licensed broker or an authorised lapidary unless a permit to export has been obtained from the Commissioner.

   (2) No permit to export precious minerals which have been imported shall be issued unless the permit under which such minerals were imported is produced to the Commissioner and the Commissioner is satisfied that the minerals to be exported comprise the whole or part of the minerals to which the import permit relates.

   (3) Where the Commissioner is satisfied as mentioned in subregulations (2) he may issue a permit to export precious minerals and–

   (a)   if the precious minerals to be re-exported comprise the whole of the minerals to which the import permit relates, shall cancel and retain the import permit; or

   (b)   if the precious minerals to be re-exported do not comprise the whole of the precious minerals to which the import permit relates, full particulars relating to the precious minerals to be re-exported including particulars as to the weight of the same shall be endorsed on the permit, and the Commissioner shall return the import permit to the person who produced it.

8.   Application for dealer’s licence

   (1) An application for a dealer’s licence shall be in Form MTF. 5 set out in the Second Schedule and a mineral dealer’s licence shall be in Form MTF. 6 set out in the Second Schedule to these Regulations.

   (2) Every application for a dealer’s licence shall be submitted in duplicate to the Commissioner and shall be accompanied by the application fee.

   (3) The fees specified in the First Schedule shall be payable for an application for a dealer’s licence and for the issue of a dealer’s licence.

9.   Licence and sign to be displayed

   (1) Every licensed dealer shall at all times cause to be displayed in a prominent position at the place of business specified in his licence–

   (a)   his dealer’s licence; and

   (b)   a sign with his name and the words “Licensed Mineral Dealer” in legible Roman letters at least eight centimetres in height.

   (2) Any licensed dealer contravening any of the provisions of this regulation shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding two hundred thousand shillings (200,000/=) or to imprisonment for a term not exceeding six (6) months or to both.

PART III
REGISTRATION AND STORAGE OF MINERALS (regs 10-11)

10.   Licensed dealer to keep a mineral register

   (1) Every licensed dealer shall keep at the place of business specified in his licence a precious minerals register in respect of each variety of minerals kept at such place of business or otherwise in his custody and a precious mineral register shall be in Form MTF. 7 set out in the Second Schedule to these Regulations.

   (2) The particulars required to be entered in the mineral register shall be entered therein by the licensed dealer immediately after every receipt, dispatch or disposal by him of minerals and every entry made shall be signed at the time of such entry by the licensed dealer.

   (3) On or before the third day of each calendar month the licensed dealer shall forward to the Commissioner a true and correct copy in duplicate of all the entries made by him in the preceding months in the precious mineral register and every such copy shall be signed and certified to be a true and correct copy by the licensed dealer.

   (4) Where a licensed dealer is a company, co-operative society or partnership firm, an entry or copy of an entry which is required under this regulation to be made signed and certified by the licensed dealer, shall be made by a responsible person duly appointed for the purpose by such company, co-operative society or partnership firm and shall be countersigned by another person who–

   (a)   in the case of a company, shall be a director, manager or secretary of the company;

   (b)   in the case of a co-operative society, shall be a committee member or manager of the society;

   (c)   in the case of a firm, the managing partner.

   (5) A licensed dealer who contravenes any of the provision of subregulation (1), (2) or (3) shall be guilty of an offence.

11.   Precious minerals to be kept in safe custody

   (1) Subject to the provision of subregulation (2) a licensed dealer shall not keep any precious mineral otherwise than at the place of business specified in his licence or at a bank, safe deposit or other secure location and every person having possession, custody or control of any precious mineral shall–

   (a)   at all times keep the precious mineral in a safe and secure place accessible only to himself and to such other persons as he may authorise to have access to the same; and

   (b)   ensure that precious minerals when in transit at any time in Tanzania are transported to their destination without delay and by the most direct route.

   (2) The Commissioner may, by notice in writing to any person having possession, custody or control of any precious minerals–

   (a)   require such person to store in such place and in such manner as specified in the notice all precious minerals or any particular precious minerals possessed or received by him or under or coming under his control;

   (b)   prohibit the storage of precious minerals or any particular precious minerals in such place or manner as may be specified in the notice;

   (c)   prohibit the custody of precious minerals or any particular precious minerals by such person or persons as may be specified in the notice.

   (3) Any person who contravenes the provisions of subregulation (1) or fails to comply with the terms of a notice issued under subregulation (2) shall be guilty of an offence.

PART IV
APPLICATION FOR BROKER'S LICENCE AND DEALING BY BROKERS (reg 12)

12.   Application for broker's licence

   (1) An application for a broker’s licence shall be in Form MTF. 8 set out in the Second Schedule and a broker’s licence shall be in Form MTF. 9 set out in the Schedule to these Regulations.

   (2) The fees specified in the First Schedule shall be payable in respect of an application for and for the issue of broker’s licence.

   (3) Every application for a broker’s licence shall be submitted in duplicate to the Commissioner and shall be accompanied by the fee required for such application.

   (4) Every licensed broker shall keep full and accurate records and accounts in respect of each transaction in a Form MTF.10 set out in the Second Schedule and submit quarterly report of such records and accounts.

   (5) A broker's licence authorises the holder to buy precious minerals in any area within the zone for which the licence is granted.

PART V
RADIOACTIVE MINERALS (reg 13)

13.   Permit to export radioactive minerals

   (1) Application for a permit to export radioactive minerals shall be in Form MTF. 11 set out in the Second Schedule and shall be accompanied by fees prescribed in the First Schedule to these Regulations.

   (2) A permit to export radioactive minerals issued by or under the authority of the Minister shall be in Form MTF. 12 set out in the Second Schedule to these Regulations.

   (3) An application for a permit to import radioactive minerals shall be in Form MTF. 13 set out in the Second Schedule and a permit to import Radioactive Minerals shall be in Form MTF. 14 set out in the Second Schedule to these Regulations.

   (4) The provisions relating to the importation of precious minerals set out in regulations 6 and 7 shall, mutatis mutandis, apply to the importation of radioactive minerals.

PART VI
RENEWALS (reg 14)

14.   Renewal of licence

   (1) Application for renewal of a dealer's licence shall be in Form MTF. 15 set out in the Second Schedule and accompanied by application fees specified in the First Schedule to these Regulations.

   (2) Application for renewal of broker's licence shall be in Form MTF. 16 set out in the Second Schedule and accompanied by application fees specified in the First Schedule to these Regulations.

PART VII
MISCELLANEOUS PROVISIONS (regs 15-16)

15.   Commissioner to appoint valuers

   (1) The Commissioner may, with the approval of the Minister, appoint persons to act as valuers in respect of gemstones.

   (2) Where an application has been made by an authorised miner or a licensed dealer for a permit to export gemstones and at the time of the application the applicant has not sold the gemstones, the Minister shall, after consulting an approved valuer, assess pursuant to subsection (1) of section 89 of the Act, a provisional royalty or a provisional payment in lieu of royalty to be paid by the applicant before issue of the permit to export.

   (3) Where an application has been made by an authorised miner or a licensed dealer for a permit to export gemstones and at the time of the application the gemstones have been sold by the applicant, the applicant shall produce to the Commissioner invoices, receipts, contracts or other documentary evidence reasonably required by the Commissioner, to establish the sale price of the gemstones, and the sale price so established shall be used to calculate the net back value of the gemstones for the payment of royalty or, as the case may be, the making of a payment in lieu of royalty, unless, pursuant to subsection (4) of section 86 of the Act, the Minister, after consultation with an approved valuer, gives to the applicant notice that he considers that the realised price does not correspond to the price which would have been paid for the gemstones if they had been sold on similar terms in a transaction at arms length between a willing seller and a willing buyer.

   (4) Where under subregulation (2) of regulation 16 a provisional assessment has been made by the Minister or under regulation 3 the net back value of gemstones has been established an approved valuer shall seal the gemstones in the presence of the authorised miner or, as the case may be, the licensed dealer, or their duly appointed agents, and hand over the same to the authorised miner or the licensed dealer or such duly appointed agent.

   (5) Any authorised miner or licensed dealer who has paid a provisional assessment of royalty or made a provisional payment in lieu of royalty pursuant to subsection (1) of section 89 of the Act, shall as soon as the gemstones in respect of which he has made the provisional payment have been sold submit to the Commissioner documentary evidence, satisfactory to the Commissioner, of the price realised on sale of the gemstones and no claim for any repayment pursuant to subsection (2) of section 89 may be considered until such documentary evidence has been lodged with the Commissioner.

16.   Appointment of an independent expert

   Where the amount of the market value of minerals sold by an authorised miner or dealer is in dispute, the Minister and the licence holder shall agree to appoint one independent expert from recognised institution and the value determined by an independent expert shall be the market value of such minerals.

FIRST SCHEDULE
FEES FOR DEALING IN MINERALS

1.

Application fee for dealer's licence (non-refundable)

T.Shs. 40,000/=

2.

Application fee for broker's licence (non-refundable)

T.Shs. 10,000/=

3.

Licence fee for dealer's licence

T.Shs. 250,000/=

4.

Licence fee for broker's licence

T.Shs. 100,000/=

5.

Application fee for renewal of dealer's licence

T.Shs. 20,000/=

6.

Application fee for renewal of broker's licence

T.Shs. 5,000/=

7.

Fee for renewal of dealer's licence

T.Shs. 250,000/=

8.

Fee for renewal of broker's licence

T.Shs. 100,000/=

9.

Application fee for export or import permit of radioactive minerals

T.Shs. 50,000/=

10.

Import or export permit of radioactive minerals

T.Shs. 150,000/=

11.

Application fee for import or export permit of minerals other than radioactive minerals

T.Shs. 20,000/=

SECOND SCHEDULE
FORMS AND LICENCES

FORMS

TYPE OF FORMS

MTF 1

Application for Export Permit

MTF 2

Export Permit

MTF 3

Application for Import Permit

MTF 4

Import Permit

MTF 5

Application for Dealer’s Licence

MTF 6

Dealer’s Licence

MTF 7

Monthly Return Form for Dealers

MTF 8

Application for Broker’s Licence

MTF 9

Broker’s Licence

MTF 10

Monthly Return Form for Brokers

MTF 11

Application for Export Permit for Radioactive Minerals

MTF 12

Radioactive Minerals Export Permit

MTF 13

Application for Import Permit for Radioactive Minerals

MTF 14

Import Permit for Radioactive Minerals

MTF 15

Application for Renewal of Dealer’s Licence

MTF 16

Application for Broker's Licence

FORM MTF. 1
APPLICATION FOR PERMIT TO EXPORT PRECIOUS MINERALS AND SAMPLES OF PRECIOUS MINERALS

THE MINING ACT (CAP. 123)

The Mining (Mineral Trading) Regulations, 1999

(Regulation 3)

To: THE COMMISSIONER FOR MINERALS

I, [full name] .....................................................................................................................
of ......................................................................................................................
........................................................................................................................................
hereby apply for a permit to export minerals in accordance with the following particulars:

1.

I am the holder of a valid licence No. ......................................................... issued on
....................................................

2.

I wish to export package(s) containing [variety and net weight of minerals]
..............................................................................................................................
..............................................................................................................................
..............................................................................................................................
..............................................................................................................................
....................................................... of a total value of T.Shs. ....................................

3.

The export of the said minerals will be made at [place of export] ..................................
.......................................................................................................... by [means of
transmission] ......................................................................... to [name and address]
..............................................................................................................................
..............................................................................................................................

I have made in respect of the minerals to be exported a [payment in lieu of royalty] [a provisional payment in lieu of royalty] of ...................................... [state the amount] and attach a copy of the official receipt number - dated -

Dated this ......................... day of ........................., 20........

.......................................................
Signature of Applicant

FORM MTF. 2
EXPORT PERMIT FOR PRECIOUS MINERALS AND SAMPLES OF PRECIOUS MINERALS

THE MINING ACT (CAP. 123)

The Mining (Mineral Trading) Regulations, 1999

(Regulation 3)

No. ...........................

Permission is hereby granted to [full name] .........................................................................
............................................. holder of Licence No. .................................... of [full address]
........................................................................................................................................
.......................................................................... on behalf of [name and address of owner of minerals] .........................................................................................................................
.......................................................................................................................................

To export ...................................... package(s) containing [variety and net weight of minerals] ........................................................................................................................................
........................................................................................................................................
........................................................................................................................................
by [state means of transmission from Tanzania and post office or place at which the minerals are to be exported] ............................................................................................................
........................................................................................................................................

I hereby certify that the payment [provisional payment] in lieu of royalty, due from the licensed dealer in respect of these minerals has been received.

This permit is valid for a period of ................................. days from the date hereof. This permit is issued subject to [the following condition[s]:
........................................................................................................................................
........................................................................................................................................
........................................................................................................................................

Dated at .......................................... this ........................ day of ........................, 20........

........................................................
Commissioner for Minerals

FORM MTF. 3
APPLICATION FOR PERMIT TO IMPORT PRECIOUS MINERALS

THE MINING ACT (CAP. 123)

The Mining (Mineral Trading) Regulations, 1999

(Regulation 4)

To: THE COMMISSIONER FOR MINERALS

I, [full name] .....................................................................................................................
of ......................................................................................................................
........................................................................................................................................
hereby apply for a permit to import precious minerals in accordance with the following particulars:

1.

I wish to import one package(s) containing [variety and net weight of minerals]
..............................................................................................................................
..............................................................................................................................
..............................................................................................................................
..............................................................................................................................
....................................................... of a total value of T.Shs. ....................................

2.

The importation of the said precious minerals will be made at [place of entry through Customs] ...............................................................................................................
..............................................................................................................................

3.

The said precious minerals will be/have been transmitted from [name and address]
..............................................................................................................................
..............................................................................................................................
by [means of transmission] ......................................................................................
on [date] .....................................................

4.

The said minerals are the property of [name and address] ...........................................
..............................................................................................................................
..............................................................................................................................
and will be used for [state purpose] ...........................................................................
..............................................................................................................................
..............................................................................................................................

Dated this ......................... day of ........................., 20........

.......................................................
Signature of Applicant

FORM MTF. 4
IMPORT PERMIT FOR PRECIOUS MINERALS

THE MINING ACT (CAP. 123)

The Mining (Mineral Trading) Regulations, 1999

(Regulation 4)

No. ...........................

Permission is hereby granted to [full name] .........................................................................
.............................................................. of [full address] .................................................
........................................................................................................................................
to import one package(s) containing [variety and net weight of minerals] .................................
........................................................................................................................................
........................................................................................................................................
................................................................. of a total value declared by the importer as being
T.Shs. .............................. The precious minerals shall be imported at [state name of Customs station at which entry is to be made] .................................................. on or before [state date] ........................................ otherwise this permit shall be null and void.

This permit is issued subject to the following condition[s]:

Permission is hereby granted to [full name] .........................................................................
........................................................................................................................................
of [full address] .................................................................................................................
........................................................................ to import one package(s) containing [variety and net weight of minerals] ................................................................................................
........................................................................................................................................
........................................................................................................................................
................................................................................................ of a total value declared by
the importer as being T.Shs. ...................................... The precious minerals shall be imported at [state name of Customs station at which entry is to be made] ..........................................
on or before [state date] .................................. otherwise this permit shall be null and void.

This permit is issued subject to the following condition[s]:
........................................................................................................................................
........................................................................................................................................
........................................................................................................................................
........................................................................................................................................

Dated at .......................................... this ........................ day of ........................, 20........

........................................................
Commissioner for Minerals

For completion by Customs.

The precious minerals to which this permit refers were imported by [full name and address of importer] ..........................................................................................................................
........................................................................................................................................
........................................................................................................................................
from ............................... at [place of entry] ......................................................................
on [date] ...................................................., 20........

........................................................
Collector of Customs

NOTE:   This permit must be submitted to a Collector of Customs at the time of importation of minerals to which it relates for confirmation by the Commissioner.

FORM MTF. 5
APPLICATION FOR A DEALER’S LICENCE

THE MINING ACT (CAP. 123)

The Mining (Mineral Trading) Regulations, 1999

(Section 73)

1.

The applicant hereby applies to the Minister for a dealer’s licence in accordance with section 73 of the Mining Act.

2.

Individual applicant

(a)   Name ................................................................................................................

(b)   Nationality .........................................................................................................

(c)   Address ............................................................................................................

3.

Corporate applicant

(a)   Name and address of company or any other body corporate ...................................
.........................................................................................................................

(b)   Name and Nationality of Directors
.........................................................................................................................
.........................................................................................................................
.........................................................................................................................

(c)   Copy of the Memorandum and Articles of Association must be enclosed herewith.

4.

Types of precious minerals; whether raw gold or gemstones
.............................................................................................................................

5.

Financial resources available to carry on business as a precious minerals dealer
.............................................................................................................................

6.

Address, situation and description of premises at which business of precious minerals dealer will be carried on
.............................................................................................................................
.............................................................................................................................

7.

Details of arrangements for safe custody of precious minerals ....................................
.............................................................................................................................
.............................................................................................................................

8.

Details of applicant’s knowledge and experience in dealing with precious minerals
.............................................................................................................................
.............................................................................................................................

9.

Previous dealer’s licence (if any)

(a)   Particulars of dealer’s licence previously granted ..................................................
........................................................................................................................

(b)   State whether the applicant was disqualified from renewing any dealer’s licence previously granted under section 73(2) ................................................................
........................................................................................................................

(c)   If the applicant surrendered a dealer’s licence previously granted state the reasons for such surrender .............................................................................................
........................................................................................................................

10.

State whether the applicant has been convicted of a criminal offence relating to the buying or selling of raw gold or gemstones ...............................................................
.............................................................................................................................

   I certify that the above information to be true to the best of my knowledge

....................................................
Signature of Applicant         

Date ………………………………....

FORM MTF. 6
DEALER'S LICENCE

THE MINING ACT (CAP. 123)

The Mining (Mineral Trading) Regulations, 1999

(Section 73)

No. ...........................

Licence is hereby granted to [full name] ..............................................................................
......................................................... of [full address] .......................................................
........................................................................................................................................
to buy, sell or otherwise deal in minerals .......................................... (type of minerals) for the period of fifteen months from the date of issue at the following premises .................................
........................................................................................................................................
........................................................................................................................................

This licence is issued subject to the following terms and conditions:
........................................................................................................................................
........................................................................................................................................
........................................................................................................................................
........................................................................................................................................

Dated at .......................................... this ........................ day of ........................, 20........

..........................................................
Minister for Energy and Minerals

NOTE:

1.   This licence must be displayed at the place of business specified herein.

2.   The licensee shall be liable for the due in lieu payment of royalties and other prescribed fees in respect of all minerals bought, sold, received or exported by him.

FORM MTF. 7
MONTHLY RETURN FORM FOR DEALERS

THE MINING ACT (CAP. 123)

The Mining (Mineral Trading) Regulations, 1999

(Regulation 10)

Entries in this Register must be made Immediately after every receipt or
disposal

MINERAL REGISTER FOR THE MONTH OF .................................., 20........
IN RESPECT OF (variety of minerals) (see note 1) ........................................

A certified true copy if this Register must be forwarded in duplicate to the Commissioner on or before the third day of the succeeding month.

Name and address of Mineral Dealer
.............................................................
.............................................................
.............................................................


Dealer's Licence No. ...........................................

In respect of premises at ..........................
...............................................................
...............................................................
...............................................................

RECEIPTS

SALES, DISPATCHES, etc.

Date Received

Received from (name and address)

Net Weight

Price Paid

Signature(s) of person making entry (see note 2)

Date sold, dispatched or disposed of

Sold, dispatched or disposed of to (name and address)

Export Permit No. (if exported)

Net Weight

Value (see note 3)

Brought forward

TOTAL FOR MONTH

NOTES

SUMMARY

CERTIFICATE

1.

This register to be in respect of variety of minerals.

Brought forward (Weight) ...................

It is hereby certified that this is true and correct record of all (variety of minerals)
....................................................
....................................................
....................................................

2.

In the case of a company, co-operative society or partnership firm each entry in this register must be signed by a director, committee member, manager, secretary or partner firm, as the case may be.

Total receipts (Weight) ......................


Total dispatched (Weight) .................


Carried forward (Weight) ...................

Received, sold, dispatched or otherwise disposed of by me/us during the month and that they were acquired as shown in a legal and bona fide manner


...................................................
(Title)

3.

Value should be actual selling price if known, otherwise insert estimated gross value submitted for royalty purposes

Date ................................ 20........

Title .............................................


Signature .....................................


(see note 2)

FORM MTF. 8
APPLICATION FOR BROKER’S LICENCE

THE MINING ACT (CAP. 123)

The Mining (Mineral Trading) Regulations, 1999

(Section 80)

1.

The applicant hereby applies to the Commissioner for a broker’s licence in accordance with section 80 of the Mining Act, 1998.

2.

Individual applicant:

(a)   Name ................................................................................................................

(b)   Nationality .........................................................................................................

(c)   Address of the applicant .....................................................................................
.........................................................................................................................

3.

Corporate applicant:

(a)   Name and address of company or any other body corporate
.........................................................................................................................
.........................................................................................................................

(b)   If it is a Company Memorandum and Article of Association must be enclosed
herewith ...........................................................................................................

4.

Type of minerals applied .........................................................................................

5.

Zone, where the application is made ........................................................................

6.

Financial resources available ..................................................................................

7.

Have you ever been convicted in any court of an offence relating to buying and selling, possession or export of precious minerals? .............................................................

I certify the above information to be true to the best of my knowledge.

.......................................................
Signature of Applicant

Date .............................................

FORM MTF. 9
BROKER'S LICENCE

THE MINING ACT (CAP. 123)

The Mining (Mineral Trading) Regulations, 1999

(Section 8)

Licence is hereby granted to (Full Name) ............................................................................
....................................................... of (Full Address) .......................................................
........................................................................................................................................
to buy, sell or otherwise deal in ............................................. (type of minerals) for a period of twelve months from the date of issue.

The licence is issued subject to the following terms and conditions:
........................................................................................................................................
........................................................................................................................................
........................................................................................................................................
........................................................................................................................................

Dated at .......................................... this ........................ day of ........................, 20........

..........................................................
Commissioner for Minerals

Note: This licence does not authorise the licensed broker to export precious minerals.

FORM MTF. 10
MONTHLY RETURN FORM FOR BROKERS

THE MINING ACT, 1998

The Mining (Mineral Trading) Regulations, 1999

(Regulation 12)

MINERAL REGISTER FOR THE MONTH OF ................................................... , Year .................

IN RESPECT OF (variety of minerals) (See note 1)

Name and address of a Broke

Broker’s Licence No. ..................................

RECEIPTS

SALE DISPATCHES etc.

TOTAL FOR MONTH

Date received

Received from (name and address)

Buying price

Signature(s) of person making entry (see note 2)

Date

Sold, dispatched or disposed of to (name and address)

Net Weight

Selling Price

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