{"id":139788,"date":"2026-04-21T13:27:46","date_gmt":"2026-04-21T13:27:46","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=139788"},"modified":"2026-04-21T13:27:46","modified_gmt":"2026-04-21T13:27:46","slug":"ghana-mining","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/ghana-mining\/","title":{"rendered":"Ghana: Mining"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-139788","comparative_guide","type-comparative_guide","status-publish","hentry","guides-mining","jurisdictions-ghana"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Reindorf Chambers<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/04\/Reindorf-Chambers-Logo-1.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Reindorf Chambers<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/04\/Reindorf-Chambers-Logo-1.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Mining laws and regulations applicable in Ghana<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Legal framework for mining<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Ghana is a common law country, with a long history of mining dating back to pre-colonial periods. The country produces commercial quantities of minerals such as gold, bauxite, manganese, diamond and salt. The mining industry in Ghana is principally governed by: the 1992 Constitution, which vests all minerals in their natural state in the President on behalf of, and in trust for, the people of Ghana; the Minerals and Mining Act, 2006 (Act 703) which sets out in broad terms, amongst others, the mineral rights available under law, the circumstances of their grant and the powers exercisable by the Minister for Lands and Natural Resources (the \u201cMinister\u201d) and the Minerals Commission (the \u201cCommission\u201d) in respect of those mineral rights; the Minerals Commission Act, 1993 (Act 450) which establishes the Commission as the principal regulatory body of the mining industry; the Ghana Gold Board Act, 2025 (Act 1140) which establishes the Ghana Gold Board (the \u201cGoldbod\u201d) as the authority with the exclusive rights to buy, sell, weigh, grade, assay, value and export gold and other precious minerals produced by small scale miners in Ghana; the Minerals Development Fund Act, 2016 (Act 912) which establishes the Minerals Development Fund; the Minerals Income Investment Fund Act, 2018 (Act 978) which establishes the Minerals Income Investment Fund; the Environmental Protection Authority Act, 2025 (Act 1124) which regulates all matters relating to environmental standards; the Ghana Investment Promotion Centre Act, 2013 (Act 865) which regulates foreign participation in business in Ghana; and other supporting regulations.<\/p>\n<p>Ghanaian law distinguishes between the ownership of land (which may be held by the state, customary law communities (some presided over by chiefs, others consisting of extended families presided over by heads that may not be chiefs), other entities or individuals; and the ownership of the minerals contained in those lands which is vested in \u00a0the State. This principle of state ownership of minerals is operationalised through a licensing regime where the Minister grants mineral rights, ranging from reconnaissance and prospecting licences for exploration to mining leases to large or small scale miners. Landowners or occupiers are compensated for the disturbance to their surface rights resulting from mining activities. With the exception of small scale mining licences, mineral rights are only granted to corporate entities with the State retaining a mandatory ten percent (10%) free-carried interest in all mining operations. To be effective, a mining lease granted by the Minister must receive parliamentary ratification. Included in the fiscal regime applicable to mining companies is the imposition of corporate income tax which is currently charged at the rate of thirty-five (35%) on profits from mineral operations and mineral royalties charged on a sliding scale formula at rates between five percent (5%) and twelve percent (12%) on the total revenue earned from mining operations. Disputes involving mineral rights for which specific provision for arbitration is made under Act 703, must with the agreement of the parties be resolved by recourse to arbitration. Ghana is a signatory to the New York Convention and awards rendered under that Convention are enforceable in the country. A mining company that has invested or intends to invest five hundred million (US$500,000,000) qualifies to enter into a development agreement with the Government which typically spells out rights beyond fiscal stability. There is also provision for a Stability Agreement which operates to shield the holder of a mining lease from adverse changes in the fiscal regime. Stability and development agreements require the ratification of Parliament to be effective. The Government has indicated that it does not intend to renew existing stability and development agreements and plans to shorten the current fifteen-year stability period.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction have a critical or strategic minerals policy? If so, please provide a brief description.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>While the existence of a Green Minerals Policy has been mentioned in Government circles and, in some instances, said to have received Cabinet approval, our checks do not disclose the operationalisation of such a policy. At the very least, no coherent policy on green minerals has been made publicly available. Government has certainly expressed a desire for such a policy, aimed at optimising the value the country derives from lithium and other green minerals. A key component of such value optimisation would be the beneficiation of minerals prior to their export. Alongside the National Energy Transition Framework (2022 \u2013 2070) and the Green Finance Taxonomy (October 2024), such a policy on green minerals would assist with transitioning the country to a sustainable low-carbon economy. In March 2026, Parliament ratified a lease agreement referred to as the Ewoyaa Project for the mining of lithium and other associated minerals. This agreement provides for an increased Government participation by way of a thirteen percent (13%) free carried interest and has been touted in official circles as an example of Government\u2019s commitment to increasing local participation in the green minerals value chain.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does the government in your jurisdiction provide state support for the mining industry (whether in your jurisdiction or abroad), for example by way of grants, loans, revenue support mechanisms or tax incentives?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Government does not provide direct support in the form of loans and grants to the mining industry. However, there is a range of tax incentives aimed at promoting investment in the mining sector. Mining companies are entitled to claim capital allowances at a rate of twenty percent (20%) on a straight-line basis over a five-year period in respect of capital expenditure. In addition, holders of mineral rights enjoy exemptions from import duties on plant, machinery, equipment, and accessories not produced locally and imported exclusively for mineral operations. Expatriate workers are further permitted to remit funds abroad under personal remittance quotas without being subject to the usual domestic transfer taxes.<\/p>\n<p>The holder of a mining lease is also entitled to capitalise expenditure on reconnaissance and prospecting approved by the Minister on the advice of the Commission, where the holder starts development of a commercial find. Further, most mining equipment and specialised machinery are exempt from Value Added Tax (VAT), provided such items are listed on the approved \u201cMining List\u201d issued by the Commission. Mining companies are also allowed to carry forward operational losses for up to five (5) years. Any ground rent and royalties paid by mining companies are treated as tax-deductible expenses for income tax purposes.<\/p>\n<p>Mining leaseholders are also guaranteed the free transferability of convertible currency for the repatriation of profits and dividends. This ensures that mining companies can move their earned net profits out of the country through the Bank of Ghana or their authorised external accounts without undue restriction.<\/p>\n<p>These financial protections are frequently reinforced through Stability Agreements and Development Agreements which shield the company from future adverse changes in, amongst others, tax law and exchange control laws for a period of up to fifteen (15) years.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any restrictions on foreign investment into the metals and mining [sector\/value chain]? If so, briefly outline the regime, including:  -\tWhich types of investments, investors, and transactions are subject to the restrictions? -\tDoes the acquisition of minority interests fall within the scope of the restrictions? -\tDo the restrictions apply to asset acquisitions? -\tAre there any pending proposals to amend the foreign investment review policy or related legislation?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Other than small scale mining and Class B mining support services, which are reserved exclusively for Ghanaian citizens, there are no further restrictions on foreign participation in the mining sector. The Ghana Investment Promotion Centre Act, 2013 (Act 865) provides for minimum capital requirements for foreign investments in Ghana. In the case of a joint venture with a Ghanaian, the foreigner must invest a minimum of US$200,000 in cash or capital goods relevant to the investment or both, and the Ghanaian citizen must have at least ten percent (10%) equity stake in the joint venture. Where the company is wholly foreign owned, the minimum capital requirement of the foreign investor is US$500,000.00. As noted above, in terms of investment in the mining value chain, foreigners are prohibited from providing services as Class B mining support service providers. Class B support service providers provide the following services: ore processing, reclamation revegetation and management of mining operations for small scale miners; haulage services to and from mining sites including transportation of personnel; and any service related to mining which the Commission considers necessary for effective and sustainable development of the mining industry. Similarly, Ghanaian law prohibits foreign participation in small scale mining. This is exclusively preserved for Ghanaian nationals who have attained the minimum age of eighteen (18) years and registered with the Commission.<\/p>\n<p>In March 2026, the Parliament of Ghana passed the Ghana Investment Promotion Authority Bill to replace the existing Act 865. Although the Bill has received Presidential assent, as of the date of this publication, it has yet to take effect, pending its publication in the national gazette. Some of the amendments introduced in the Bill include: the scrapping of the minimum capital requirement for foreign investors except in the case of trading enterprises; and the reduction in the minimum capital requirement for trading enterprises from US$1,000,000 to US$500,000. The Bill also provides for expatriate quotas ranging between two (2) and twelve (12) persons for investment levels of US$50,000 to US$10,000,000 and above. These must be read subject to the specific localisation obligations imposed under the Minerals and Mining (Local Content and Local Participation) Regulations, 2020 (L.I 2431).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any restrictions on foreign investors repatriating their capital, profits, interest, dividends, or other related returns from mining investments in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Act 703 entitles a mining lease holder who earns foreign exchange from its mining activities, if permitted by the Bank of Ghana, to retain in an account, a portion of the foreign exchange earned, for use in acquiring spare parts and other inputs required for its mining operations. Again, the Minister of Finance together with the Minister, acting on the advice of the Commission may, where the net earnings of a mining lease holder are in foreign exchange, permit the holder of the mining lease to open and retain in an account an amount not less than twenty-five percent (25%) of the foreign exchange for the acquisition of spare parts, raw materials, equipment and machinery; debt servicing and dividend payment; remittance in respect of quotas for expatriate personnel and the transfer of capital in the event of a sale or liquidation of the mining operations.<\/p>\n<p>Further to the passage of the Ghana Investment Promotion Centre Act, 2013 (Act 865), mining companies, certainly those incorporated after that date, were required to register with the Ghana Investment Promotion Centre (GIPC) established under Act 865. Registration with the GIPC guarantees the unconditional transfer through authorised dealer banks and in freely convertible currency of dividends, net profits, loan repayments (principal and interest), and proceeds from the sale or liquidation of an investment.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any restrictions on exports of any minerals and metals from your jurisdiction (for example, a ban on export of raw materials or government licenses or quotas required for the export of minerals)? Are there any local beneficiation requirements?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Provided the exporter of the minerals is licensed by the Commission or in the case of minerals obtained from small scale licence holders, the export is done through the Goldbod or its processes, there are no restrictions on the export of minerals out of Ghana. The application for a licence to export or to buy and export gold must be made to the Minister in the prescribed form. Where the Applicant is a mining company, the application must be accompanied by a refining contract as well as a sale and marketing agreement. Other applicants for a licence to buy and export minerals must, amongst others, demonstrate their financial and technical ability to undertake such business. Additionally, shipments of diamonds to and from Ghana must comply with the Kimberley Process Certification Scheme.<\/p>\n<p>Regarding local beneficiation, there is no statutory requirement mandating in-country processing of minerals. However, the Government has in recent years adopted a policy stance encouraging value addition and processing, particularly in minerals such as gold. This policy stance is exemplified in the agreement the Goldbod reached with Gold Coast Refinery Company LTD on 20 January 2026 to refine one tonne of gold supplied by the Goldbod each week for export.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any tariffs imposed by the government in your jurisdiction on export or import of minerals and metals out of or into your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No duty is charged on the export of minerals produced in Ghana. There is, however, a duty of five percent (5%) and VAT of fifteen percent (15%) charged on the import of minerals into the country.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any government or local party requirements for any type of project across the metals and mining value chain in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As a starting point, Government is entitled to a ten percent (10%) free carried interest in all mining operations. Subject to local content obligations for support services in the mining industry, there are generally no restrictions on foreign ownership or participation along the value chain of mining operations. In the 6th Edition of the Procurement List published by the Commission, there is an attempt to restrict owner mining as follows: (a) surface mining &#8211; prohibition of owner mining in favour of contract mining by an entity incorporated in Ghana with exclusive Ghanaian directors and shareholders; and (b) underground mining \u2013 prohibition of owner mining in favour of contract mining by an entity incorporated in Ghana with a minimum of fifty percent (50%) Ghanaian directors and shareholders.<\/p>\n<p>Further, small scale mining is exclusively reserved for Ghanaians. The Minerals and Mining (Local Content and Local Participation) Regulations, 2020 (L.I 2431) imposes several local content and local participation requirements on companies engaged in the mining industry. The regulation requires mining companies to procure goods and services locally where they are available in Ghana and meet required standards and give preference to Ghanaian suppliers and contractors. Each holder of a mining lease must submit a local content plan to the Commission. The plan must outline strategies for local procurement, employment and training of Ghanaians, and technology transfer initiatives. Mining companies must prioritise Ghanaian citizens for employment at all levels. Expatriate employment is limited to positions where skills are not available locally, and subject to approved expatriate quotas.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline the legal nature of the mining rights and who owns them.  Can foreign investors own mining assets \u2013 or are JVs with local entities required?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Article 257(6) of the Constitution, 1992 and section 1 of Act 703 provide in similar terms for the vesting of all minerals in their natural state in, under or upon land in Ghana, rivers, streams, water-courses throughout the country, the exclusive economic zone and an area covered by the territorial sea or continental shelf in the President in trust for the people of Ghana. The President acting through the Minister issues licences and\/or leases for the exploitation of these minerals. The rights available under Ghanaian law in respect of minerals are reconnaissance licence, restricted reconnaissance licence, prospecting licence, restricted prospecting licence, mining lease, restricted mining lease and small-scale mining licence.<\/p>\n<p>Act 703 requires, in order to access any of the above noted mineral rights that, the applicant be a company incorporated under the Companies Act, 2019 (Act 992) or a partnership incorporated under the Incorporated Private Partnerships Act, 1962 (Act 152).<\/p>\n<p>As previously discussed, a foreign investor may acquire mineral rights whether alone or in partnership with a Ghanaian. For an entity owned solely by a foreign, the foreigner is required to invest not less than US$500,000 in cash or capital goods relevant to the investment while in the case of a joint venture, the foreigner is required to invest not less than US$200,000 in cash or capital goods relevant to the investment and the Ghanaian is required to hold at least ten percent (10%) of the paid-up equity of the company.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline the land tenure in the mining context, e.g.  -\tis the mining tenure separate from land tenure? -\tthe surface land owners\u2019 rights and obligations vis-\u00e0-vis the rights of the owner of the minerals sitting under the surface land (access, compensation etc).<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In the Ghanaian context, ownership of minerals is legally distinct from the ownership of the land in which the minerals are found. Under Article 257(6) of the 1992 Constitution and section 1 of Act 703, all minerals are vested in the President in trust for the people, whereas the land in which the minerals are found is typically held by customary law communities (some presided over by chiefs, others consisting of extended families presided over by heads that may not be chiefs), other entities or individuals. Thus, a minerals right holder possesses a statutory licence, depending on the terms of their grant, to search for or extract the mineral(s) subject matter of its licence from the land. A mining company is legally obligated to pay annual ground rent to or for the benefit of the owner of the land. In the case of annual ground rent in respect of mineral rights over lands owned by a community presided over by a chief, the ground rent is paid to a statutory body, namely, the Office of the Administrator of Stool Lands, which has responsibility for distributing stool land revenue. The holder of a mineral right is also required to provide fair and adequate compensation for the disturbance of surface rights. This may include payment for damage to crops, loss of buildings, or resettlement of communities in cases of extensive large-scale development.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline regime for granting exploration rights, including:  -\tscope of the licence\/permit\/concession  -\ttypical term and extension rights  -\tprocess \/ steps to acquire exploration rights  -\tobligations of the licence\/permit\/concession holder  -\ttransition from exploration rights to mining rights -\ttypical timelines and costs for applications<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The licences available under Ghanaian law in respect of minerals are reconnaissance licence, restricted reconnaissance licence, prospecting licence, restricted prospecting licence, mining lease, restricted mining lease and small-scale mining licence. These are granted by the Minister on the recommendation of the Commission and define the rights the holder can exercise on the land bearing the relevant minerals.<\/p>\n<p>A reconnaissance licence is granted for an initial term of up to twelve months, covering an area of up to five thousand contiguous blocks. It provides the holder with the exclusive right to search for specific minerals and erect temporary structures but prohibits any form of drilling or excavation. The licence may be extended by applying to the Minister no later than three (3) months before the expiration of the initial licence. While this licence may generally be extended only once for an additional twelve-month period, further extensions may be granted if the Minister is satisfied that delays by a government institution in the issuance of a permit or in carrying out a lawful activity have resulted in or impeded the holder&#8217;s discharge of an obligation under the reconnaissance licence.<\/p>\n<p>A prospecting licence offers broader rights, allowing the holder to make excavations necessary to determine the value of a mineral deposit. It is granted for an initial period of up to three years over a maximum of 750 contiguous blocks. The Minister is mandated to grant a prospecting licence to a reconnaissance licence holder who has complied with their obligations under the reconnaissance licence. Holders must commence operations within three months of issuance, demarcate the area, and report any mineral discoveries within thirty (30) days. To maintain the licence, holders must meet specific spending requirements, which, if unfulfilled, constitute a debt to the country.<\/p>\n<p>Extensions and the retention of land under a prospecting licence are subject to strict compliance and relinquishment rules. The holder of a prospecting licence may at any time, but not later than, three months before the expiration of the initial term of the licence, apply in a prescribed form to the Minister for an extension of the term of the prospecting licence for a further period of not more than three (3) years in respect of all or any number of blocks the subject of the prospecting licence, provided they have met their operational and financial obligations. The holder of a prospecting licence is required to surrender at least half of the land area upon the expiration of the initial term, provided it retains a minimum of one hundred and twenty-five (125) blocks. Where Government or permitting delays, prevent a holder from fulfilling its work obligations, it may apply to the Minister for a temporary exemption for up to twelve months from this surrender requirement.<\/p>\n<p>Restricted mineral rights (for reconnaissance, prospecting or mining) are granted primarily to Ghanaians in respect of industrial minerals. Industrial minerals are basalt, clay, granite, gravel, gypsum, laterite, limestone, marble, rock, sand, sandstone, slate talc, salt and other minerals as the Minister may from time to time declare, by notice published in the Gazette, to be industrial minerals. A foreigner who proposes to invest ten million United States dollars (US$10,000,000) in the mineral operations may be granted a mineral right in respect of industrial minerals.<\/p>\n<p>We have set out the fees applicable to the various mineral rights (annual mineral rights fees) in the table below.<\/p>\n<table style=\"font-size: 1rem\">\n<thead>\n<tr>\n<td width=\"144\"><strong>Mineral Right<\/strong><\/td>\n<td width=\"142\"><strong>Fee Type<\/strong><\/td>\n<td width=\"170\"><strong>Ghanaian Controlled (US$ or its cedi equivalent)<\/strong><\/td>\n<td width=\"187\"><strong>Foreigner Controlled<\/strong><\/p>\n<p><strong>(US$ or its cedi equivalent)<\/strong><\/td>\n<\/tr>\n<\/thead>\n<tbody>\n<tr>\n<td width=\"144\">Reconnaissance<\/td>\n<td width=\"142\">Application Form<\/p>\n<p>Processing Fee<\/p>\n<p>Licence Fee (per cadastral unit)*<\/td>\n<td width=\"170\">200<\/p>\n<p>350<\/p>\n<p>16 (year 1); 20 (year 2)<\/td>\n<td width=\"187\">250<\/p>\n<p>500<\/p>\n<p>16 (year 1); 20 (year 2)<\/td>\n<\/tr>\n<tr>\n<td width=\"144\">Restricted Reconnaissance<\/td>\n<td width=\"142\">Application Form<\/p>\n<p>Processing Fee<\/p>\n<p>Licence Fee (per cadastral unit)<\/td>\n<td width=\"170\">200<\/p>\n<p>350<\/p>\n<p>10 (year 1); 15 (year 2)<\/td>\n<td width=\"187\">250<\/p>\n<p>500<\/p>\n<p>10 (year 1);15 (year 2)<\/td>\n<\/tr>\n<tr>\n<td width=\"144\">Prospecting licence<\/td>\n<td width=\"142\">Application Form<\/p>\n<p>Processing Fee<\/p>\n<p>Licence Fee (per cadastral unit)<\/td>\n<td width=\"170\">200<\/p>\n<p>350<\/p>\n<p>32 (years 1 to 3); 50 (years 4 to 6); 70 (years 7 to 9)<\/td>\n<td width=\"187\">250<\/p>\n<p>500<\/p>\n<p>32 (years 1 to 3); 50 (years 4 to 6); 70 (years 7 to 9)<\/td>\n<\/tr>\n<tr>\n<td width=\"144\">Restricted Prospecting licence<\/td>\n<td width=\"142\">Application Form<\/p>\n<p>Processing Fee<\/p>\n<p>Licence Fee (per cadastral unit)<\/td>\n<td width=\"170\">200<\/p>\n<p>350<\/p>\n<p>20 (years 1 to 3); 40 (years 4 to 6); 50 (years 7 to 9)<\/td>\n<td width=\"187\">250<\/p>\n<p>500<\/p>\n<p>20 (years 1 to 3); 40 (years 4 to 6); 50 (years 7 to 9)<\/td>\n<\/tr>\n<tr>\n<td width=\"144\">Mining lease<\/td>\n<td width=\"142\">Application Form<\/p>\n<p>Processing Fee<\/p>\n<p>Licence Fee (per cadastral unit)<\/td>\n<td width=\"170\">200<\/p>\n<p>350<\/p>\n<p>1,300 (years 1 and 2);<\/p>\n<p>1,950 (years 3 to 30)<\/td>\n<td width=\"187\">250<\/p>\n<p>500<\/p>\n<p>1,300 (years 1 and 2);<\/p>\n<p>1,950 (years 3 to 30)<\/td>\n<\/tr>\n<tr>\n<td width=\"144\">Restricted mining licence<\/td>\n<td width=\"142\">Application Form<\/p>\n<p>Processing Fee<\/p>\n<p>Licence Fee (per cadastral unit)<\/td>\n<td width=\"170\">200<\/p>\n<p>350<\/p>\n<p>1,500 (industrial minerals); 1,000 (Large scale salt winning)<\/td>\n<td width=\"187\">250<\/p>\n<p>500<\/p>\n<p>15,000 (industrial minerals); 5,000 (large scale salt winning)<\/td>\n<\/tr>\n<tr>\n<td width=\"144\">Small Scale Mining Licence<\/td>\n<td width=\"142\">Application Form<\/p>\n<p>Processing Fee<\/p>\n<p>Licence Fee (per cadastral unit)<\/td>\n<td width=\"170\">70<\/p>\n<p>170<\/p>\n<p>500 (salt); 100 (other industrial minerals)<\/td>\n<td width=\"187\">&#8211;<\/p>\n<p>&#8211;<\/p>\n<p>&#8211;<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p><sup>* <\/sup>A cadastral unit is equivalent to 0.25 square kilometres.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline the regime for granting mining rights, including:  -\tscope of the licence\/permit\/concession  -\ttypical term and extension rights  -\tsteps to acquire mining rights  -\tobligations of the licence\/permit\/concession holder<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A holder of a reconnaissance or prospecting licence may, prior to the expiration of the licence, apply in the prescribed form for a mining lease. The application may cover all or any of the minerals and blocks that form the subject of the reconnaissance or prospecting licences, provided the blocks form not more than three discrete areas with each consisting of a single block or a number of blocks each having a side in common with at least one other block in that area, and each of which could be the subject of a separate mining lease application. If the applicant has materially complied with the obligations of their reconnaissance or prospecting licence, the Minister, on the recommendation of the Commission, must grant the mining lease within sixty days of receipt of the application.<\/p>\n<p>Any other person may also apply for a mining lease over land that is not currently the subject of a mineral right for the mineral applied for. The initial term for a mining lease is a maximum of thirty (30) years, covering an area between one and three hundred contiguous blocks. In respect of industrial minerals, however, a mining lease has a maximum duration of fifteen (15) years. The Minister is prohibited from rejecting an application unless concerns have been conveyed in writing and the applicant has failed to make appropriate amendments to the application or remedy any outstanding defaults within a reasonable time.<\/p>\n<p>Where a mineral right is for mining or exploitation, the Government acquires a ten percent (10%) free carried interest in the rights and obligations of the operations, for which no financial contribution is paid. Furthermore, the Minister may require a mining company to issue additional shares (special share) to the Republic (Ghana) for no consideration. These shares carry no voting or dividend rights but act as a separate class of preference share and entitles the Government to provide prior written consent for variation of rights, including the voluntary winding-up of the company, the disposal of a mining lease, or amendments to the company&#8217;s constitution. There is only one recorded instance of the Government\u2019s use of this right.<\/p>\n<p>To protect significant investments, the Minister may enter into a stability agreement for a period not exceeding fifteen (15) years to ensure the holder is not adversely affected by new enactments or changes to existing legislation. For investments exceeding five hundred million (US$500,000,000), a development agreement may be entered into with the Government. A Development Agreement may contain provisions relating to the mineral right or operations to be conducted under the mining lease, the circumstance or manner in which the Minister will exercise a discretion conferred by or under Act 703, on terms provided in the stability agreement, relating to environmental issues and obligations of the holder of the mining lease to safe-guard the environment and dealing with the settlement of disputes. Both stability and development agreements are subject to ratification by Parliament.<\/p>\n<p>Mining leaseholders must also adhere to a localisation policy, submitting a detailed programme for the recruitment and training of Ghanaian personnel toward the eventual replacement of expatriate staff. Regarding operations, a holder must notify the Minister three months in advance if it intends to suspend production and provide reasons. Suspensions generally shall not exceed twelve (12) months, and where suspension exceeds twelve (12) months, the Minister may investigate and direct the holder to resume full production by a specified date.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline the royalties regime \u2013 i.e. any payments due to the government under any licenses and\/or leases described above.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Ghana\u2019s mining regime, holders of mineral rights are required to pay royalties to the State as a condition of their licences and leases. Royalties are calculated on the gross revenue of minerals produced, rather than on profit, making them payable irrespective of the profitability of the operation.<\/p>\n<p>The Minerals and Mining (Royalties) Regulations, 2025 (L.I. 2517) has introduced a sliding-scale royalty regime, under which rates vary depending on prevailing commodity prices, typically within a band of approximately five percent (5%) to twelve percent (12%), with higher prices attracting higher royalty rates. This sliding-scale regime would not apply to mineral rights holders that already have a valid stability agreement or development agreement with the Government, where specific royalty rates were agreed before L.I. 2517 came into force. Prior to the passage of L.I. 2517, a flat royalty rate of five percent (5%) was applicable to mining companies. Entities with stability agreement or development agreement, however, would typically agree with Government a sliding scale from three percent (3%) but not exceeding five percent (5%).<\/p>\n<p>Royalties are payable to the Government through the Ghana Revenue Authority and forms a key component of the fiscal framework for the mining sector. In addition, there is the requirement to pay annual mineral rights fees and ground rent. Ground rents are computed as follows: mining leases \u2013 GHS2,600 per cadastral unit; small scale mining licence \u2013 GHS45.50 per acre; and reconnaissance, restricted reconnaissance, prospecting and restricted prospecting licences \u2013 GHS125 per square kilometre.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is it possible to assign and\/or grant security over tenements in your jurisdiction? If so please briefly describe the process, including any regulatory requirements (e.g. approvals).<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Under section 14 of Act 703, a mineral right may be transferred, assigned, mortgaged or otherwise encumbered with the prior written approval of the Minister. The application for approval is typically made in writing to the Minister, attaching all relevant details of the proposed transaction and copied to the Commission. The Commission reviews the proposed transaction and makes a recommendation to the Minister for the grant or otherwise of approval. Upon approval, fees are payable to the Commission for the grant of such approval.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline any indigenous or local community rights relevant in the mining context, including implementation of FPIC (Free, Prior, and Informed Consent) principles in your jurisdiction.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Act 703 and the Minerals and Mining (Compensation and Settlement) Regulations, 2012 (L.I. 2175) provide a compensation regime for the disturbance to the interest or rights of owners or occupiers of land which is the subject of a mineral right. L.I. 2175 sets out a scheme for the valuation of the land and allied assets and for the payment of fair and adequate compensation for the disturbance to those rights occasioned by the mining operations. In certain instances, the mineral rights holder may be required to resettle and restore the livelihoods of landowners. Compensation is payable three months after it has been computed, failing which a ten percent (10%) interest is payable on the amount outstanding. There is a right to apply to the High Court to challenge the amount of compensation computed.<\/p>\n<p>Further, surface rights for cultivation of crops and grazing of livestock may continue in an area covered by the mining lease but not designated as a mining area provided it does not interfere with the mineral operations.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline the environmental protection regime applicable to the mining industry, including:  -\tWhat environmental impact assessments are required? -\tany requirements for rehabilitation bonds and guarantees -\tany mine closure obligations -\tconsequences for failure to comply with applicable environmental laws and regulations<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Due to the potentially adverse environmental impact of mining activities, Ghanaian law establishes a t regulatory regime aimed at ensuring the protection and sustainability of the environment.<\/p>\n<p>Environmental Impact Assessments (EIAs)<\/p>\n<p>Mining projects are subject to mandatory environmental impact assessment procedures prior to commencement. An applicant must first obtain an environmental permit, which requires the submission of:<\/p>\n<p>(a) a registration form and environmental screening;<\/p>\n<p>(b) a full Environmental Impact Statement (EIS) following scoping; and<\/p>\n<p>(c) submission of a Scoping Report which contains evidence of public consultation, particularly with affected communities.<\/p>\n<p>The Environmental Protection Authority (EPA) evaluates the potential environmental and social impacts of the proposed project, including its impacts on land, water, biodiversity, and local livelihoods. Approval is contingent on the adequacy of proposed mitigation and environmental management measures.<\/p>\n<p>Rehabilitation bonds and guarantees<\/p>\n<p>Mining companies are required to provide reclamation or rehabilitation bonds (typically in the form of bank guarantees or other financial security) to ensure that adequate funds are available for land restoration and environmental remediation. The quantum of the bond is determined by the EPA based on the estimated cost of reclamation, and it must be maintained throughout the life of the project.<\/p>\n<p>Mine closure obligations<\/p>\n<p>Operators are required to prepare and periodically update a mine closure and reclamation plan, setting out measures for: land restoration; waste management; water treatment; and post-closure land use. The laws also require mining companies to rehabilitate land disturbed by mining operations pursuant to a Reclamation Security Agreement (RSA) between the mining companies and the Ghanaian EPA based on the cost estimate of the reclamation plan and approved work plan. The mining company is required to post a bond based on the approved cost estimate of the reclamation within six (6) months before the commencement of operations. RSAs typically require mining companies to secure a percentage of the current estimated rehabilitation costs by posting reclamation bonds underwritten by banks and restricted cash.<\/p>\n<p>The EPA must approve closure plans, and compliance is monitored as part of ongoing environmental reporting requirements.<\/p>\n<p>Consequences of non-compliance<\/p>\n<p>Failure to comply with environmental requirements may result in the imposition of administrative fines ranging between GHS60,000.00 (USD5,217.39, at current exchange rates) and GHS180,000.00 (USD 15,652.17). The EPA may also revoke the environmental permit resulting in the cessation of operations of the non-compliant mining company.<\/p>\n<p>A failure to post a reclamation bond constitutes an offence and is punishable by the imposition of a fine of ranging from between GHS60,000.00 (USD 5,217.39) to GHS180,000.00 (USD 15,652.17) or to a term of imprisonment between 5 years to 10 years or to both.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline if any specific health and safety regulations apply to the mining industry.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Ghana\u2019s mining sector is subject to industry-specific health and safety regulations, principally under Act 703 and the Minerals and Mining (Health, Safety and Technical) Regulations, 2012 (L.I. 2182), which are enforced by the Commission through its inspectorate division.<\/p>\n<p>These regulations impose comprehensive obligations on mining companies, including ensuring safe working conditions and compliance with prescribed technical standards; preparing and implementing health and safety management plans; conducting risk assessments, training, and supervision of employees; and reporting and investigating accidents and dangerous occurrences.<\/p>\n<p>Specific provisions address areas such as mine design, ventilation, use of explosives, machinery safety, and occupational health hazards. Employers are also required to provide protective equipment and ensure the competence of personnel engaged in hazardous operations.<\/p>\n<p>Non-compliance may result in regulatory sanctions, including fines, directives to suspend operations, or revocation of licences. In serious cases, breaches may attract criminal liability.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly outline any obligations for disclosure of climate change risks applicable across the mining value chain in your jurisdiction. Please specify if there are any pending proposals to amend the applicable law to introduce or extend these obligations.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A mineral rights holder is required to obtain an environmental permit from the EPA before commencing its operations. In the application for an environmental permit, the applicant is asked to demonstrate a clear commitment to climate change mitigation and adaptation, biodiversity conservation, pollution control and prevention and other emerging environmental and social considerations. The EPA in granting the said permit is to consider climate change vulnerability, impacts and emissions of the proposed mining activity. The applicant is also required to undertake a scoping study and submit a scoping report setting out, among others, climate change vulnerability and risk assessments, and a proposal to mitigate climate change risk. The EPA may suspend or revoke an environmental permit where the continuous operation of the mining operations results in a violation of national or international laws including a breach of an international agreement on climate change or biodiversity conservation.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any decarbonisation obligations applicable to the market players across the mining value chain in your jurisdiction? Please specify if there are any pending proposals to amend the applicable law to introduce or extend these obligations.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no statutory decarbonisation obligations applicable to the mining value chain in Ghana. Decarbonisation efforts are largely driven by ESG considerations and national policy commitments such as the Climate Prosperity Plan and the National Energy Transition Framework, expressed to be aimed at ensuring that Ghana contributes her quota to the reduction of global greenhouse gas emissions and achieves decarbonisation, energy access and security, and energy efficiency.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any other relevant decarbonisation and climate change related laws and regulations in your jurisdiction  that could affect he market players across the mining value chain in your jurisdiction (e.g. carbon tax).<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Other than those mentioned above, we are not aware of any laws specifically addressing decarbonisation or climate change in the mining sector. With respect to carbon taxation, the Emissions Levy Act, 2023 (Act 1112), which came into effect on 1 February 2024, imposed a levy on greenhouse gas emissions expressed as the carbon dioxide equivalent of those greenhouse gas emissions resulting from fuel combustion and industrial processes and fugitive emissions. Until its repeal in 2025, the Act imposed a levy on specified sectors including mining. Under the repealed Act, entities in the mining sector were required to pay GHS100 (approx. US$9.23) per ton of emissions generated each month.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any unusual taxes that apply specifically to entities carrying out mining activities (in addition to the usual income and corporate taxes and excluding any carbon taxes that (if any) will be covered in the section above).<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, the Growth and Sustainability Levy Act, 2023 (Act 1095) as amended, introduced a Growth and Sustainability Levy on the gross production of mining companies. While the levy is presently imposed at a rate of three percent (3%), an amendment assented to by the President in March 2026 provides for a reduction to one percent (1%). As of the date of this publication, however, the amendment has yet to take effect, pending its publication in the national gazette.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Other key regulatory and market developments<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are currently stakeholder consultations ongoing, aimed at reviewing the primary legislation on mining in Ghana, the Minerals and Minig Act of 2006, (Act 703). Among the suggestions or proposed amendments are the revision downwards of the time limit for the grant of mining leases, stability and development agreements, and the extent of Government participation in terms of free carried interest. Concerns over the effect of mining (especially that pursuant to the grant of small-scale mining rights) on water bodies as well as the forest cover of the country prompt calls for tighter enforcement of regulations and are sometimes a source of significant social tensions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">6413<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/139788","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=139788"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}