FG revokes 1,633 mineral titles - NEWS FRONTIER DAILY


Tuesday, November 21, 2023

FG revokes 1,633 mineral titles


Minister of Solid Minerals Development, Dr Dele Alake, has revoked 1,633 mineral titles over failure to pay annual service fee. 

Alake, who disclosed this at a press conference held at the Ministry's headquarters in Abuja, explained that the philosophy of the Nigerian Minerals and Mining Act 2007 is to establish a rational system of administering titles transparently and comprehensively to ensure a seamless transition from reconnaissance to exploration and from exploration to mineral extraction.

According to him, every sector requires a governance system that regulates the conduct of its participants, the procedures for entry and exit, the obligations of the Government to participants and the penalties for non-compliance. 

He said: "The principal agency for the administration of titles is the Mining Cadastral Office which receives applications, evaluates them and issues titles with the approval of the office of the Honourable Minister of Solid Minerals Development. 

"Although the MCO has tried to improve its efficiency by adopting new application administration technology, it continues to face challenges in monitoring the compliance of title holders with the most basic requirements for the maintenance of its operations and sustenance of titles.For instance, while Section 10 (a) prescribes payment for processing of applications, Section 10 subsection B provides for the payment of the Annual Service Fee. 

"According to the law:“The Mining Cadastre Office shall collect-(a) a fee for processing of applications for mineral titles; and(b) an annual service fee established at a fixed rate per square cadastral unit for administrative and management services rendered by the Cadastre.

"It is indeed very unconscionable for corporate bodies making huge profits from mining to refuse to give the government its due by failing to pay their annual service fee. 

"It is indeed a reasonable conjecture that such a company will even be more unwilling to pay royalties and honour its tax obligations to the government. 

"The amount the companies are being asked to pay is peanut compared to their own revenue projections. For example, the holder of an exploration title pays only N1,500 per cadastral unit not exceeding 200 units. 

"Those holding titles covering more than 200 units pay N2,000 per unit, In short, the larger the area your title covers, the more you pay. 

"This principle was applied to ensure that applicants don’t hold more than they require to explore. With a cadastral unit captured as a square of 500 metres by 500 metres, any law-abiding title holder should not hesitate to perform its obligations.

"Revocation of 1,633 mineral titles: Sections 11 and 12 of the NMMA 2007 state in clear terms as follows:“11. A mineral title shall become liable to revocation where the holder thereof has failed to pay the prescribed fees.12. In case of default of payment of the annual service fee due to the Mining Cadastre Office, the Mining Cadastre Office shall give a thirty day written default notice to the defaulting party and, if payment is not effected during that period, the Mining Cadastre Office shall record the default and revoke the mineral title.

"Some people are holding on to licences untilised and blocking up the space, so we need to free up the space by invoking this law of 'Use it or lose it'. I revoke all those who fall into this category.

"I must emphatically state that this is not the end of it, it is going to be an ongoing execise. In fact in a short while you will be hearing from us. 

"We shall continue to revoke any operator of a mining licence or a mining site that falls foul of our regulations or laws guiding our sector.

"The mandatory 30 days expired on November 10, 2023. Only 580 title holders responded by settling their indebtedness. 

"With this development, the MCO recommended the revocation of 1, 633 mineral titles as follows: Exploration Licence, 536; Quarry Licence, 279; Small Scale Mining Licence, 787 and Mining Lease, 31.In line with the powers conferred on me by the NMMA 2007, Section 5 (a), I have approved the revocation of the 1,633 titles. 

"I hereby warn the previous holders of these titles to leave the relevant cadastre with immediate effect as security agencies shall work with the Mines Inspectorate of the Ministry to apprehend any defaulter found on any of the areas where titles have been revoked."

Meanwhile, he explained that the defaulters were duly notified, "In compliance with the law, the MCO on October 4, 2023 began the process of revoking 2,213 titles. These included 795 Exploration titles, 956 Small Scale Mining Licences, 364 Quarry licences and 98 Mining Leases. 

"These were published in the Federal Government Gazette Number 178, Volume 110 of October 10, 2023 with the notice of revocation for defaulting in the payment of Annual Service Fee."

He also maintained that President Bola Tinubu as the new sheriff in town, the solid minerals sector must be sanitized and repositioned  for international competitiveness and be alive and active.

He also warned that no defaulter should get close to the revoked mining sites if they do security agents would arrest them and they will be prosecuted according to law.

"We appeal to all stakeholders for their co-operation in achieving these patriotic objectives and encourage those who have done business in this sector the wrong way to turn a new leaf. Ultimately, the Nigerian people shall be the winners", he added.

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