Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698074918258.pdf (Guyana)
PUBLISH.Eb 25TH FEB., 1911 GUYANA.

BILL NO.

3 OF 1971.

MINERALS BILL, 1971. .

Anangement of Sections, Section L ' Short title.

2.

Regulation of 3.

Power to make regulation.s.

4.

Specific provisions extraction in relation to regulations.

rund marketing of minerals.

A BILL Intltuled AN ACT to make provision and the orderly or manufacuured of minerals ,prepared for the orderly therefrom.
production extraction and marketing and marketing of articles A.iD, ''"" Enacted by the Parliament of Guyana:- Sh01't title.

1· This Act may be cited as the Minerals Act, 197 L R!egu1atfoin of extracti,oa and market� il[lig of mi:ueralll.

2.
2.

No person shall extract for market arny article any mineral or shall prepare or shall market in accordance or thing therefrom or thing except or or any such article any regulations thereto, including made under manufacture a,ny such mineral with the law relating this Act.

Power tc)' make regulations, following purposes......: 3.
( 1) The Minister for all or any of the may make regulations (a) (b) the orderly extraction of any mineral; the orderly production pared or manufactured mineral; ( c)the orderly marketi and of any article for market from pre­ or thing any ng of any mineral or manufactured or of any article for market from or thing prepared my mineral.
responsible _ (Z) The Minister tions fm the purpose ,of providing rate, cess or other impost in respect of any mineral any such extraction, production section or marketing for the imposition for finance may make regula­ of any lax, duty, or in respect of in sub­ as is specified (1 ) .

(3)Regulations to affirmative resolution made under subsection of the National Assembly.

(2) sha:11 be subject 4.

( 1) Without 1fi_c , s,,f prejudice , f ed b · gul · d b · ( i'll relatioII!
err · y section 3, ,re atmns un er su sect10n o� section pm.

''°"' ta regukutJons.
may, so far as appears for any of the purposes mentioned to the -,generality of the powerB con· 1) ' · 3 to be necessary in that section, to the: Minister provide-- or expedient or prohibiting production, transport, (a)for regulating mineral or the age, movement, consumption or · manufactured prepared mineral and for controlling such mineral or article may be sold; the extraction of any treatment, stor­ keeping, .distribution, sale, use or or of anY article for market from any at which any of any mineral the prices or thing (b)for regulating the carrying on of any undertaldng engaged in the extraction or mar ketiug of any mine- ' or marketing or manufactured ra1 or the produclion or thmg prepared any mineral may be made by the undertakers iu respect of the do� of any work by them; for market from the charges which and for controllll\ll of any article (c)for requiring persons carr�ing to produce.
on or employed in to such authority any such oodertaking or .person as may be specified by or under the regu­ lation any books, accounts or other docu.ments and for requiring relating any to that uqdertaking or person such person to furnish to such authority as may be so specified or returns as such estimates may be required by or.
under the regulatipns; ( d y for prohibitin vision under the authority g the do� of anything for which pro­ is made by or under the regulaty:ms except of a licence granted by such or person a� may be specified m the ·authority regulations; • matrers for which ( e)for any incidental the Minister thinks tioned in subsection including the entering which the regulatioos relate in that behalf ro secunng compliance or supplem?ntary it expedient for the purposes (1) of section 3 to provide, and irn;pootion of premises men­ lo by or under the regulations with a view with th.e regufations, by persons authorised gs .
generolly and any .

such.

regulations .
underta1;;in or class .. of' persons or undertakings part of any undertaking Guyana or i.n any particular are,; thereof, · · and either to the whole or any and so as to have eJiect either throughout may be made so as to apply either · to or to any particular person or undertaking taming the orderly orderly production manufactured control undertaking, it is expedient pursuance regulations ·(2} .If it appears to ttle Minister extraction or marketing or marketing of any article of main­ that in the interest of any mineral or the or or thing prepared to take it ls necessary for mark;,!
from any mineral, on behalf o!
the State of the whole oi: any part of an existing and that, for the purpose that the undertaking of exercising or part �hou1d be carried on in made under this Act the Minister may by ( 1) of section of reg,1lations made under subsection 3- such control, ( a)authorise any person (hereinafter to exereise referred to with respect to as "an controller"} authorised the undertaking, regulatioos, the State as may be provided fotinn�: such functions ::ind- or any part thereof specified in the of control, on behalf of by or under the regu- (b)authorise an controller authorised whole or any part of any existing' with any instructions accordance in of the Minister.
to carry on the undertaking (3)So long as any such regulation graph (a) of subsection ing or· part of an undertaking- (2) is in force with respect to any undertak- .

as is referred · 1:-0 in para­ (i)the authorised in accordance the Ministei';, controller with any instructions and .

.

.
· shall exercise given to him by his functions (ii) the widertaldng pr part shall lie carried ance with any directions controller regulations, management shall comply with any such on in accord­ given by the authorised with the provisions and any person having any fwictions to the ,mdertaking in relatio11 regulations, in accordance of or part of the ( 4)While by virtue of any such .regulation as is referred to In paragraph (b) of subsection ing 011 the whole or any· pa,rt of an undertaking (2) an authorised controller· is carry­ .,..- (a)he shall be deemed to be acting undertakers, except that the have any right to control the carrying on of the undertaking or any part of the undertaking; shall not and as the agent of the undertakers (b)the urtdertakers shall not be bound, or as the cruse may be, be specified obligation ·virtue of functions.
shall not in respect of in the regulations, such matters as ma, be bound by· any them by or by or limitation imposed on any law or instrument determining their ( 5)Before making any re1,'lllations shall gtve the undertakero referred in relation to whom the to in subsectiOu to be made notice ln writing informing and of their right to make any representations (2)the Minister regul�ons· are propoled theim of that intention to him in writing 'in relation within to the making of such regulatio such time as may ibe specified 1_1s: in tile notice that nothing in this subsection to.
make such regulations if, shall affect the· right of any rep re; after considering duly made to hlm-bY.
the undertakers, he is satisfied Provided the Minister sentations it is necessary in subsection or expedient (l) of section 3. so to do for any of fue purposes that mentioned · (6)Where �y regulations 'to in subsection (2) have referred thO!>.e regulations been made by the Minister revoked ·shall, cease to be in foree .at the expiration of a by the Minister, unless sooner s period of three months beginning made, but without prejudice at or before the end of that period.
on the date on which they were to the making of other such regulation� EXPLANATORY :t>.1EMORANDUM authority and marketing This Bill seeks to confer the extraction and marketing of any article therefrom, to regulate production made authorising to impose taxes in respect of mineral, or thing from any responsible the extraction ot in respect of the production and on the appropriate of any mineral including Provision is also for finance, by regulations, Minister the of any and marketing of any article the Minister marketing mineral.
H. O. JACK, Minister of Mines and Forests·