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Mining Act

77. Obligations under prospecting licence

Edition: 2026-07-24 · In force

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77. Obligations under prospecting licence

(1)The holder of a prospecting licence shall—
(a)commence prospecting operations within three months of the grant of the prospecting licence or a period specified in the approved programme for prospecting operation;
(b)undertake prospecting operations in accordance with the approved programme of prospecting operations;
(c)ensure that the amount of work and expenditure specified in the approved programme of prospecting operations is actually expended in the course of undertaking prospecting operations within the deadlines stipulated;
(d)comply with the terms and conditions of the environmental rehabilitation and restoration plan;
(e)without any unreasonable delay, notify the Cabinet Secretary of the discovery of any mineral deposit of potential commercial value including mineral deposits for which the holder of the licence was not authorised to prospect;
(f)notify the Cabinet Secretary of any archaeological discovery;
(g)comply with the conditions of the licence or any existing and applicable minerals agreement, and any directions issued by the Cabinet Secretary or an authorized officer in accordance with this Act;
(h)submit to the Cabinet Secretary geological and financial reports and such other information relating to prospecting operations as may be prescribed either quarterly or at such other intervals as may be determined by the Cabinet Secretary; and
(i)carry out prospecting activities in accordance with the international best practice standards and guidelines as may be prescribed.
(2)Where the expenditure specified in the approved programme for prospecting operations in subsection (1)(c) is not expended during the term of a prospecting licence, it shall be paid to the ministry in a manner as may be prescribed by Regulations made under this Act.
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Source: Kenya Law