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Legal Framework

Legislation relevant to bauxite mining in Jamaica includes:

  • The Mining Act, 1947
  • The Mining Regulations, 1947
  • The Natural Resources Conservation Authority Act, 1996
  • The Natural Resources (Prescribed Areas) (Prohibition of Categories of Enterprise, Construction and Development) Order, 1996
  • The Natural Resources Conservation (Permits and Licences) (Amendment) Regulations, 2004

An application for the renewal of a Special Exclusive Prospecting Licence is made to the Minister of Agriculture and Lands through the Commissioner of Mines. The duration of the Special Exclusive Prospecting Licence and the extent of the area it covers is determined by the Minister.

Although 22,327 hectares of Cockpit Country is a designated Forest Reserve, prospecting or mining bauxite can be done within a forest reserve, once the required prospecting licence or mining lease is obtained. Few lands are excluded from mining or prospecting under the Mining Act and notwithstanding these named exclusions, the Commissioner of Mines may consent to mining or prospecting in those areas.

Although an Environmental Permit from The Natural Resources Conservation Authority (NRCA) is required for mining, there is no such requirement for prospecting.

The holder of a prospecting licence is entitled to apply for a mining lease. However, the Minister may give permission to an applicant for a mining lease to mine an area prior to the granting of the actual lease.

The Minister has the power, under the Mining Act, to declare an area closed to prospecting or mining. However, this does not apply to an area for which a prospecting licence or mining lease has been granted and is in effect. In addition, the Minister can reopen the area to mining or prospecting after declaring it closed.
 
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