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

By ClintonOur Publications

? Article Content

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

Ghana is Africa’s top gold producer and one of the most resource-rich countries on the continent. But investing in the mining sector here requires more than geological insight—it demands a deep understanding of the country’s legal and regulatory framework, especially the Minerals and Mining Act, 2006 (Act 703) and its amendments.

At Clinton Consultancy, we provide global mining companies, private investors, and legal teams with practical, in-depth guidance on Ghana’s mining laws, helping you navigate the complexities of licensing, royalties, compliance, and local partnerships with confidence.

? What Is the Minerals and Mining Act?

The Minerals and Mining Act, 2006 (Act 703) is Ghana’s primary legislation governing the exploration, extraction, and processing of mineral resources. It has been amended several times (notably in 2010, 2015, and 2019) to address environmental standards, local content, and royalty structures.

The Act regulates:

  • Types of mineral rights: reconnaissance, prospecting, mining leases
  • Ownership structure (state participation and local equity)
  • Licensing and application procedures
  • Environmental obligations
  • Royalties and taxation
  • Dispute resolution mechanisms

?? Common Pitfalls for International Companies

Many foreign investors enter Ghana’s mining space without fully grasping:

  • The local content requirements (e.g., Ghanaian equity, employment quotas)
  • The state’s right to a 10% free carried interest
  • The need for Environmental Protection Agency (EPA) permits
  • The regulatory role of the Minerals Commission and Ministry of Lands and Natural Resources
  • The implications of tax stabilization agreements and royalty variations

Misunderstanding or neglecting these elements can result in costly delays, penalties—or even license revocation.

? How Clinton Consultancy Supports Your Mining Investment

Clinton Consultancy provides comprehensive legal support across every phase of a mining project:

? Due Diligence & Licensing

  • Assess title risks, verify concession documents, conduct regulatory reviews
  • Guide clients through licensing applications and renewals

? Local Content & Structuring

  • Structure joint ventures and compliance with local equity laws
  • Draft robust nominee agreements and offshore-onshore structures

? Negotiation & Legal Drafting

  • Draft and negotiate mineral development agreements, stability clauses, and investment contracts
  • Ensure compliance with the Act and best practices

? Regulatory Engagement

  • Liaise with the Minerals Commission, EPA, and GIPC on behalf of clients
  • Handle all statutory filings and reporting

? Dispute Resolution & Arbitration

  • Handle disputes with the state, contractors, or communities
  • Represent clients in local courts and international arbitration

? Why Ghana Still Attracts Global Mining Investors

Despite occasional regulatory challenges, Ghana remains one of the most investor-friendly jurisdictions in Africa. Key advantages include:

  • An independent judiciary and English common law system
  • Access to ICSID arbitration and bilateral investment treaties (BITs)
  • Strong geological potential across gold, lithium, bauxite, and manganese
  • A growing mid-tier and junior mining ecosystem

Smart investors come prepared—with strong legal frameworks in place from the beginning. That’s where we come in.

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