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{
"id": 473205,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/473205/?format=api",
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"type": "speech",
"speaker_name": "Hon. A.B. Duale",
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"speaker": {
"id": 15,
"legal_name": "Aden Bare Duale",
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"content": "through the Constitution Implementation Committee, the Law Reform Commission, the National Lands Commission, the State Law Office, the Kenya Chamber of Mines, the Ministry of Mining, the academia, the community representatives and the international natural resource legal experts. After that, it went to the Cabinet which, again, through the Attorney-General, forwarded it to Parliament. So, this Parliament has the advantage and the privilege to be the Parliament that is going to give Kenyans a new mining law. The first provision in the Mining Bill, 2014, is on the ownership of the minerals. The Constitution vests all minerals in the national Government. It is on this premise that the Bill in Clause 8 bestows the national Government with the right of pre-emption of all minerals. On the administration of this Act, it sets out the general powers of the Cabinet Secretary as the administrator of the mining law. The Cabinet Secretary for Mining has been mandated to declare certain minerals as strategic minerals for national socio- economic development and for national security purposes. For example, all radio-active materials such as uranium minerals will be strategic minerals for our country. This Bill will come to the Third Reading. It is a very voluminous Bill and I am sure Parliament will exercise its mandate to bring the relevant amendments within its powers of legislation. The Bill establishes two directorates which are necessary for the implementation of this Bill. There will be the Directorate of Mines and the Directorate of Geology. It has set out functions for each directorate, namely, of mines and that of geology, respectively, through the appointment of the directors to head those departments. This appointment will be done through competitive recruitment by the Public Service Commission. In terms of the establishment of the institutions, the Bill contains provisions on various mining institutions and bodies which include, one, the National Mining Corporation as an investment arm of the National Government in monitoring and regulating the mining industry. Two, there is a Minerals and Metals Commodities Exchange institution which is to facilitate the trading in minerals and metal commodities in Kenya and in the region. There is a clause on the mining rights and here, there are two categories of mining rights, namely, for large scale and for small-scale operations. Again, there is an element in the Bill that is dealing with prospecting licenses which will be initially granted for three years with a possibility of two renewals of two years each. A mining license under this Bill is issued to undertake mining operations of a proven mineral resource. It has an initial term of 25 years. That license will only cover 25 years with a renewable term of 15 years of the remaining mine life, whichever is shorter. You either look at the lifespan of that mine life to decide whether that company will ask for a renewal of 15 years. Access to land for prospecting and mining and mineral rights on various categories of land require consent or adequate compensation acquisition. In this Bill, it is very clear on private land, where you get the consent from the land owner. There is the element of public land, which is in the purview of the National Land Commission. So, you must get consent from the National Land Commission. There is community land which, again, requires the consent or the legal authority of administering and managing The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}