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Senior Legal Officer Breaks Down Uganda’s Mining Law from Prospecting to Extraction

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A breakdown of Uganda’s mining law, from prospecting to extraction, shows that mineral development follows a structured licensing sequence, a senior legal officer said.

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Loyola Rwabose Karobwa, a senior legal officer at the Ministry of Energy and Mineral Development, outlined how the country’s mining sector operates, explaining the legal processes that guide activities from initial prospecting to full-scale mineral extraction.

Speaking during the Judicial Service Conversations hosted by Elison Karuhanga, Karobwa said mining, as defined in law, covers a wide range of activities across the mineral value chain.

“Mining operations include the entire value chain, from looking for, prospecting, exploring, mining, processing, smelting, transporting — everything that one can do with a mineral is provided for and governed,” she said.

From prospecting to mining

The process begins with a prospecting license, issued for one year, allowing preliminary assessment of the presence of minerals. If results are promising, a developer applies for an exploration license, which allows detailed studies to determine whether a mineral deposit is commercially viable.

Exploration licenses are granted for a maximum of four years and can be renewed once for an additional three years.

Karobwa noted that mining is a long-term activity and that the exploration period allows for extensive studies using geophysical, geological and geochemical methods.

“It is only the holder of an exploration license who has the first right to apply for a mining license,” she said.

Requirements before extraction

Companies must meet several requirements before transitioning to full-scale extraction, including geoscientific and feasibility studies to confirm that a mineral deposit exists in commercially viable quantities.

Karobwa added that a company also must obtain surface rights to access land where minerals are located, noting that while minerals are vested in the government, land ownership may belong to individuals. Proof of acquisition of these rights is required when applying for a mining license.

She emphasized that extraction can take place only under a mining license and warned that carrying out mining activities under an exploration license is illegal.

Regulation and compliance

The law contains provisions to ensure that license holders actively use their exploration areas, Karobwa said. There is a limit to the number of exploration licenses one entity can hold, and failure to use them may affect eligibility for additional licenses.

Exploration licenses are granted for specific areas and durations, and developers are expected to carry out work within that period.

Gold and mineral regulation

On gold, Karobwa said it is regulated like other minerals under the Mining and Minerals Act and related laws. Gold falls under a category of “designated minerals,” which are subject to additional regulatory controls due to their association with conflict and security concerns.

She added that the government is working on regulations to establish designated mineral markets and buying centers, where trade will be conducted under the supervision of relevant authorities, including revenue and security agencies.

Sustainability and environmental protection

“The entire regulation is toward ensuring that minerals are extracted in a way that is optimal and they are not wasted, but also that the environment is protected,” Karobwa said.

The law requires land restoration and rehabilitation after mining, including refilling pits and preparing land for future use. While mining affects the environment, proper regulation and compliance can ensure land is restored and protected for future generations, she said.

Role of institutions and expertise

The law also establishes institutions to manage the sector, including the Uganda National Mining Company, and strengthens existing bodies involved in environmental protection and revenue collection, Karobwa said. Institutions depend on the people running them, highlighting the importance of knowledge and multidisciplinary expertise.

A technical field

“Mining law is not a law that can be practiced on guesswork,” Karobwa said, adding that practitioners must understand the concepts and processes involved in the sector to engage effectively.

Email:homelandnewspaper@gmail.com

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