(pradd) – liberia - Land Tenure and Property Rights Portal

7.0 REGULATORY REFORMS7.1 PROMULGATE ARTISANAL DIAMOND MINING REGULATIONSThe MML calls for Mining Regulations. Apart from Exploration Regulations, which only applies to largescalemining operations, there are no Mining Regulations in terms of the MML that apply to ASDM. MLMEshould consider the draft proposals for general Mining Regulations as well as Proposed Regulations specificto Class C ADM licenses and/or Class B SDM licenses, make changes and additions where necessary, andadopt those Regulations. Chapter 21 of the MML stipulates broad guidelines for regulations.Regulations stipulate procedures pursuant to a specific law. If the specific law no longer exists, theregulations cannot survive by itself. If the law that created the Regulations is repealed, it followsautomatically that the Regulations in terms of that law are also repealed.During consultation with the MLME, reference was made to “customary regulations” which is a misnomer.The Mining Regulations that were promulgated in terms of the Mining Act of 1979 still seem to be applied bythe MLME, in absence of new regulations. This practice is incorrect and does not have any basis in law, asthe Minerals and Mining Law of 2000, as amended, replaced the Mining Act of 1979. Regulations that werepromulgated in terms of the Mining Act can no longer be applied. 25Important issues in the old Mining Regulations that need to be replaced:• The requirements and procedures for mining license applications (although the old regulations did notdistinguish between different categories of licenses as it currently exists);• Terms for “trading and exporters” licenses;• Surveying and boundary demarcation procedures;• Authority of mining agents and patrolmen; and• Dispute resolution for boundary disputes and competing claims.The terms and conditions for Class C ADM and Class B SDM must be stipulated in new regulations in asmuch detail as possible. The requirements for licensing terms and conditions must be distributed andpresented to miners in a way that is accessible and understandable to them.MLME should consider creating an intermediate licensing category between Class C and Class B licenses tomake it possible for miners to step up artisanal operations if the opportunity arises and the capacity exists.The difference between the two categories is big, and does not provide for conversion to scale-up smalloperations to medium operations. The practice of granting Class C licenses only for alluvial deposits andClass B licenses only for primary deposits 26 makes it hard for miners who happen to come across primarydeposits to mine it efficiently with only hand tools. In Ecuador, the use of portable devices is allowed in anintermediate category. This would make sense in Liberia if the Class C claim size is reduced, and could offer asolution to inefficient extraction.25The version of the Regulations in terms of the Mining Act of 1979 that consultants had at their disposal had the names of the newgovernment agencies inserted, which does not make a difference to the status or lack of legitimacy.26All 19 Class B licenses currently in effect are for secondary deposits.PRADD LIBERIA: A REVIEW OF THE LEGAL, REGULATORY AND POLICY FRAMEWORKGOVERNING ARTISANAL DIAMOND MINING IN LIBERIA 23