Wikiprocedure

Kenya - Renewal of a Mining Lease

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ProcedureEdit

The holder of a mining license should apply to the Cabinet Secretary for the renewal of the license.

The application should be made in the prescribed form and be accompanied by the prescribed fee in respect-of all or part of the license area.

The application for the renewal of a mining license shall be made at least one year before the expiry of the license.

The application for the renewal of a mining license should contain required the information and be accompanied by the required documents.



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Required DocumentsEdit

  • A proposed programme of mining operations to be carried out during the term of renewal.
  • A plan of the area in respect of which renewal of the mining licence is sought including all or any of the contiguous blocks in the mining licence area.
  • An approved environmental impact assessment licence, social heritage assessment and environmental management plan in respect of the applicant's proposals, where required under the Environmental Management and Coordination Act.
  • Any additional documents as the Cabinet Secretary may prescribe.



Office Locations & ContactsEdit

Ministry of Petroleum and Mining - Head Office
Nyayo House, Kenyatta Ave.
P.O. Box 51614, 00100,
Nairobi,Kenya
Tel: +254 (020) 3310112,
Cell: +254 716508492
Email: [email protected]
Website: Link

EligibilityEdit

  • Satisfactory performance of lease conditions over the previous term
  • Application is done in writing to the commissioner



FeesEdit

  • Application Fee: No Fee
  • License Fee:
    • Annual rent of KShs. 150/= per ha or part thereof.
    • Lease renewal and registration fee KShs. 700/=



ValidityEdit

Up to 21 years


Documents to UseEdit

Please attach documents that can be used by people. e.g. links



Sample DocumentsEdit

Please attach sample completed documents that would help other people.



Processing TimeEdit

1 - 2 weeks



Related VideosEdit

Videos explaining the procedure or to fill the applications. 
Attach videos using the following tag <&video type="website">video ID|width|height<&/video&> from external websites.
Please remove the "&" inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver, 
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url "http://www.youtube.com/watch?v=Y0US7oR_t3M" Video ID is "Y0US7oR_t3M".



InstructionsEdit

Contact Office: Commissioner of Mines & Geology, Chief Mining Engineer & Warden of Mines

Resolution Criteria:

  • Fulfilled requirements
  • Payment of annual rent and renewal/registration fees.
  • Renewal document and the duplicate are taken for stamp duty at the cost of the lessee before registration.



Required InformationEdit

  • Name of the applicants
  • Nationality of applicant(s)
  • Address in Kenya at which notices, etc, may be served
  • Number(s) of applicants location(s) and district of registration
  • Financial statements
  • Memorandum and articles of association
  • Area
  • Kind of mining lease desired and mineral to be mined term desired
  • Date
  • Signature of the applicant


Need for the DocumentEdit

A Mining Lease is issued to a holder of any prospecting right and provides the lessee the right to extract deposits within the land area of the mining lease, including the right to remove and dispose of the minerals as specified in the lease.

This procedure outlines the process of renewing and extending validity of a mining lease on its expiry.



Information which might helpEdit

The Commissioner, in addition to and without derogating from or limiting any other right, power or authority vested in him under the Mining Act may

  • renew any lease, other than a special lease, for such term, not exceeding twenty-one years, and upon and subject to such terms and conditions, as he may think fit:

Provided that in the case of any such renewal the rent shall not be increased;

  • wholly or partially remit all or any of the terms and conditions contained in any lease where, owing to special circumstances, in his opinion compliance therewith would be impossible or great hardship would be inflicted upon the lessee;
  • extend time to the lessee for observing or performing all or any of the terms and conditions of any lease, upon such terms and conditions as he may think fit;
  • accept, whether with a view to the renewal or re-grant of any lease or otherwise, the surrender of any lease or any part of the area comprised therein upon such terms and conditions as he may think fit:

Provided that no such surrender shall affect any liability incurred by the lessee before the surrender shall have taken effect.



Other uses of the Document/CertificateEdit

Renew and extend validity of a mining lease on its expiry.



External LinksEdit

National Environment Management Authority (NEMA)

Mining Act Chapter 306

Ministry of Mining

Ministry of Environment

Renewal of a Mining Lease



OthersEdit

A Mining Lease bestows mining rights and is granted for the exploitation of a mineral deposit which has been discovered following successful prospecting and exploration under any of the other types of licenses.

Any applicant for a lease who willfully or recklessly gives false information as to any of the matters in respect of which information is or may be required to be given under the Mining Act shall be guilty of an offence.


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