Download and Read the Original Mining Law

The Mining Act of 1989 defines who controls Guyana’s minerals; how rights are granted to explore, mine, and quarry; and what obligations fall on companies, individuals, and the State. It is the framework that governs everything from large-scale gold mining to small-scale claims, quarry operations, equipment licensing, and Amerindian protections.

1. Ownership of Minerals

State Ownership:
All minerals found anywhere in Guyana belong to the State. Individuals and companies can only search for or extract minerals if the Guyana Geology and Mines Commission (GGMC) issues a licence or permit. Private landowners—except in limited historical cases—do not own the minerals beneath their land.

2. Where Mining Rights Can Be Granted

The Act allows the GGMC to issue mining rights on three types of land.

Private Land:
The GGMC can issue rights for someone to enter private land to search or mine. Very old grants (before 1903) may still include rights to base metals other than gold and silver.

Government and State Lands:
The GGMC may issue licences to explore or mine on land owned or administered by the State.

State Lands Issued After the 1903 Ordinance:
State grants issued after 1903 never include mineral rights. All minerals always remain State property.

3. Categories of Mining Rights

The Act covers several types of permissions for different scales of activity.

Large-Scale Prospecting and Mining:
Prospecting licences and mining licences apply to major exploration and production projects. These operate on defined “parcels” designated by the GGMC.

Medium- and Small-Scale Rights:
These include prospecting permits, claim licences, mining permits, and special mining permits. They apply to lower-output operations, including placer mining.

Quarry Rights:
Separate quarry licences govern extraction of quarriable minerals such as stone, sand, kaolin, and laterite.

4. Prospecting Licences (Large-Scale Exploration)

Purpose:
A prospecting licence allows a company to explore a defined area for specific minerals.

Requirements:
Applicants must demonstrate financial capability, technical competence, and a realistic exploration program.

Obligations:

  • Carry out exploration work as approved.

  • Keep technical and geological records.

  • Notify the GGMC of any mineral discoveries.

  • Relinquish portions of the area over time so unused land is returned to the State.

5. Mineral Discoveries During Prospecting

Reporting New Minerals:
If a licensee discovers a mineral not listed on their licence, they must notify the GGMC within the required timeframe.

Approval Needed to Mine New Minerals:
The licensee cannot mine a newly discovered mineral without explicit authorization from the GGMC.

6. Mining Licences (Large-Scale Production)

Purpose:
A mining licence authorizes commercial extraction of specific minerals from a defined mining area.

Rights Under a Mining Licence:

  • Extract minerals listed in the licence.

  • Process minerals and manage waste.

  • Transport and store minerals.

  • Sell minerals, subject to relevant laws (for gold, the Guyana Gold Board Act applies).

Obligations:
Licence holders must follow approved mining methods, comply with environmental safeguards, meet safety standards, and maintain records.

7. Buying Out Smaller-Scale Rights

Adjacent Rights:
If a licence area borders or surrounds small-scale operations (e.g., claim licences or special mining permits), a large-scale licensee may apply to purchase those rights.

GGMC Oversight:
The GGMC must confirm that the purchase terms are fair to the smaller operator before approving the transfer.

8. Surface Rights, Land Use, and Compensation

Mining rights exist below the surface, but mining activity affects the land above it.

Entry and Notice:
Operators must give notice before entering land for mining activity.

Avoiding Interference:
Mining must not obstruct public infrastructure such as railways, roads, or waterways.

Compensation:
Where mining causes damage or loss of use to landowners, compensation rules apply.

Government Acquisition:
The State may acquire land needed for mining operations, following legal procedures.

9. Quarrying

Quarry Licences:
A quarry licence is required to extract quarriable minerals.

Rights and Obligations:

  • Quarrying can occur only within the specified area.

  • Holders must follow licence conditions and environmental rules.

  • GGMC maintains a register of all quarry licences, including renewals and cancellations.

10. Safety, Worker Welfare, and Health

Safety Requirements:
The Act allows the GGMC to issue detailed safety regulations for all mining operations.

Worker Welfare:
Standards for worker health, facilities, and protective measures are enforceable.

Penalties:
Violations of safety or welfare requirements can lead to fines, suspension, or prosecution.

11. Registration of Dredges and Mining Equipment

Registration Required:
Any dredge or major mining equipment used in a mining district must be registered and licensed.

Enforcement:
Unregistered or unlicensed equipment may be seized and forfeited.

12. Amerindian Provisions

Recognition of Occupied Land:
Amerindian lands are deemed lawfully occupied for the purposes of the Act.

Traditional Privileges:
Amerindian rights existing before the Act remain in place unless an individual becomes a permit or licence holder.

Restrictions:
Amerindians may not remove minerals from licensed areas without authorization.

Sale of Minerals:
Valuable minerals found by Amerindians who do not hold mining rights must be sold through the GGMC.

13. Enforcement

GGMC Authority:
Officers may inspect sites, issue notices, enter mining areas, and enforce compliance.

Seizure and Forfeiture:
Aircraft, vehicles, dredges, and machinery used in illegal mining may be seized.

Penalties:
Offences may lead to fines, imprisonment, or daily penalties for continuing violations.

14. Transitional Provisions

When the Mining Act of 1989 replaced the previous Mining Act:

  • Existing mining districts and stations remained valid.

  • Existing regulations continued unless inconsistent with the new Act.

  • Existing mining officers remained in place.

This ensured continuity for operations already underway.