A Practical Guide to the Minerals and Mining Act of Ghana: Legal Support for Global Mining Investors

By ClintonOur Publications

Ghana is one of the world’s top gold producers and a key destination for global mining investment. But investing in Ghana’s mineral-rich landscape comes with legal and regulatory obligations that must be carefully navigated.

At Clinton Consultancy, we help international companies understand, comply with, and leverage the Minerals and Mining Act, 2006 (Act 703)—ensuring legal security, operational efficiency, and long-term investment protection.

? What Is the Minerals and Mining Act of Ghana?

The Minerals and Mining Act, 2006 (Act 703) is the cornerstone of Ghana’s mining regulatory framework. It governs the acquisition of mineral rights, licensing, royalties, environmental compliance, and state participation in mineral operations. Over the years, the Act has been amended to align with international standards, local content goals, and fiscal reforms.

? Key Provisions Every Investor Should Know

  1. Types of Licenses:

    • Reconnaissance Licenses
    • Prospecting Licenses
    • Mining Leases
    • Restricted Licenses for small-scale mining

  2. State Participation:

    • The Government of Ghana reserves a 10% free carried interest in all mining operations.

  3. Local Content Requirements:

    • Mandatory Ghanaian participation in ownership, employment, and procurement.

  4. Royalties and Taxes:

    • Royalties are set at a minimum of 5% of the total revenue from minerals.

  5. Environmental Obligations:

    • All mining operations must secure permits from the Environmental Protection Agency (EPA).

  6. Stability Agreements:

    • For large-scale investors, the law allows for negotiated agreements to freeze tax rates and investment terms for up to 15 years.

  7. Dispute Resolution:

    • Disputes may be resolved via arbitration—domestically or through international platforms like ICSID.

?? Common Mistakes International Investors Make

  • Entering joint ventures without proper nominee agreements
  • Failing to structure operations to comply with local equity rules
  • Overlooking the role of the Minerals Commission and sector-specific permits
  • Misunderstanding tax stabilization clauses
  • Not drafting enforceable exit clauses or dispute resolution frameworks

?? How Clinton Consultancy Can Help

Clinton Consultancy is a premier legal and investment advisory firm based in Accra, Ghana. We work with international mining companies, investors, and corporate legal teams to:

? Conduct Due Diligence

  • Verify titles, assess concession risk, and ensure regulatory readiness

? Structure Investment Vehicles

  • Form SPVs, draft nominee director/shareholder agreements, and manage local compliance

? Obtain Licenses & Permits

  • Navigate the licensing process and represent clients before the Minerals Commission, GIPC, and EPA

? Negotiate Development Agreements

  • Draft and negotiate mineral development contracts and stability clauses

? Provide Ongoing Legal Support

  • Manage disputes, contract enforcement, and investor-state arbitration preparation

? Call us: +233 (0)27 252 2695
? Email us: info@clintonconsultancy.com

? Why Ghana?

Ghana’s mining industry is a gateway to West African growth. With the right legal partner, foreign investors can operate securely, strategically, and successfully.