Mining Act

Section 1. Short title Section This Act may be cited as the Mining Act.

Section 2. Scope of the Act Section 2(1) This Act shall apply to the minerals specified in the First Schedule. Section 2(2) The Cabinet Secretary may from time to time, by notice in the Gazette , amend the First Schedule to this Act.

Section 3. Act not to apply to petroleum and hydrocarbon gases Section Save to the extent provided for in this Act, this Act shall not apply to matters relating to petroleum and hydrocarbon gases.

Section 4. Interpretation Section an application for the grant, renewal, transfer, assignment or surrender of a mineral right; or

Section 5. Guiding principles Section The Cabinet Secretary, the Principal Secretary and any person administering this Act shall be guided by the values and principles enshrined in the Constitution and in particular Articles 10, 66(2), 201(c) and (d), and 232 of the Constitution and the principles of leadership and integrity set out under Chapter Six of the Constitution.

Section 6. Ownership of minerals Section 6(1)(a) in its natural state in, under or upon land in Kenya; Section 6(1)(b) in or under a lake, river, stream, or water courses in Kenya; Section 6(1)(c) in the exclusive economic zone and an area covered by the territorial sea or continental shelf, Section 6(2) Subsection (1) applies despite any right or ownership of or by any person in relation to any land in, on or under which any minerals are found. Section 6(3) The national government's control over minerals vested in it shall be exercised in accordance with the provisions of this Act. Section 6(4)(a) by the meridian of Greenwich and by meridians that are at a distance from that meridian of 15 or a multiple of 15 seconds of longitude; Section 6(4)(b) by the equator and by parallels of latitude that are at a distance from the equator of 15 or a multiple of 15 seconds of latitude, into sections ("geometric sections") each of which is bounded; Section 6(4)(c) by portions of those 2 meridians that are at a distance from each other of 15 seconds of longitude; and Section 6(4)(d) by portions of 2 of those parallels of latitude that are at a distance from each other of 15 seconds of latitude...

Section 7. Saving for custom Section 7(1) Nothing in this Act shall prevent any person from taking, subject to such conditions as may be prescribed from time to time by the Cabinet Secretary, soil, clay iron, salt or soda from any land, except land within the area of a mineral right, from which it has been the custom of the member of the community to which that person belongs to take the same. Section 7(2) The Cabinet Secretary may, by notice in the Gazette , and with the advice of the Mineral Rights Board, prescribe materials of customary usage.

Section 8. Right of pre-emption Section 8(1) The State has a right of pre-emption of all strategic minerals raised, won or obtained within the territory of Kenya before they are sold. Section 8(2) The Cabinet Secretary may make Regulations to provide for the exploration, mining, processing and export of strategic minerals and strategic mineral deposits.

Section 9. Discovery of minerals Section 9(1) A person who discovers any minerals, for which there is no apparent holder of a mineral right or on any area of land which is not held by that person under a mineral right that confers rights on the holder to conduct prospecting or mining operations for minerals, shall report the discovery to the Cabinet Secretary. Section 9(2) The Cabinet Secretary shall, immediately upon receipt of a report under subsection (1) issue to the person an acknowledgement in writing of the receipt of the report. Section 9(3) Subject to subsection (1), a person who reports the discovery of any mineral shall be granted the first right of refusal to apply for a mineral right over the area of discovery.

Section 10. Restrictions on the acquisition of mineral rights Section A person shall not search for, prospect or mine any mineral, mineral deposit or tailings in Kenya unless that person has been granted a permit or licence in accordance this Act.

Section 11. Acquisition of rights in minerals Section 11(1)(a) is of sound mind; Section 11(1)(b) has attained the age of eighteen years; Section 11(1)(c) is an undischarged bankrupt; Section 11(1)(d) has the required technical capacity, expertise, experience and financial resources, however this shall not be a requirement for artisanal and small scale mining operations wholly owned by Kenyans; and Section 11(1)(e) is not otherwise disqualified under any written law. Section 11(2)(a) is registered and established in Kenya; Section 11(2)(b) has not commenced voluntary winding up pursuant to the Companies Act (Cap. 486); Section 11(2)(c) is not subject to winding up by a court pursuant to the Companies Act (Cap. 486); or Section 11(2)(d) is not in liquidation. Section 11(3) Subject to subsection (2), the directors of the company shall be required to demonstrate the required technical capacity, expertise, experience and financial capacity. Section 11(4) The provisions of subsections (1)(d) and (3) shall not apply to artisanal miners. Section 11(5)(a) operating in the registered office subject to the provisions of the Companies Act (Cap. 486); and Section 11(5)(b) in operation within K...

Section 12. General powers of the Cabinet Secretary Section 12(1) The Cabinet Secretary shall be responsible for the general administration of this Act. Section 12(2) In the administration of this Act, the Cabinet Secretary shall respect and uphold the principles and values enshrined in Article 201(c) and (d); and Article 69(1)(a) and (h) of the Constitution. Section 12(3)(a) consideration of the applications made under this Act; and Section 12(3)(b) negotiation, grant, revocation, suspension or renewal of mineral rights.

Section 13. Cabinet Secretary may declare areas reserved for small-scale operations Section 13(1) The Cabinet Secretary shall upon recommendation of the Mineral Rights Board, by notice in the Gazette , designate any area of land to be an area reserved exclusively for small scale mining operations. Section 13(2)(a) designating the area would not be incompatible with the continued enjoyment of an existing mineral right; or Section 13(2)(b) written consent has been given by an authority, agency, the Cabinet Secretary or other person required to do so under this Act. Section 13(3) This section does not affect the right of an owner or a lawful occupier of the area covered by the mining permit to undertake non-mining operations or activities in any area to which it applies.

Section 14. Cabinet Secretary may declare areas reserved for tendering Section 14(1) The Cabinet Secretary shall, in a manner as may be prescribed in Regulations, designate any area of land to be an area reserved for applications by tender for large scale operations. Section 14(2)(a) designating the area would not be incompatible with the continued enjoyment of an existing mineral right; and Section 14(2)(b) written consent has been given by an authority, agency, the Cabinet Secretary or any other person required to do so under this Act.

Section 15. Cabinet Secretary may restrict or exclude areas from operations Section designating the area would not be incompatible with the continued enjoyment of an existing mineral right; or

Section 16. Strategic Minerals Section 16(1) The Cabinet Secretary shall advise and seek the approval of the Cabinet to declare certain minerals or mineral deposits to be strategic minerals or strategic mineral deposits. Section 16(2) All radioactive minerals are strategic minerals. Section 16(3) The Cabinet Secretary may, with the advice of the Mineral Rights Board, prescribe the manner for dealing with the discovery, exploration, mining, processing and export of strategic minerals and strategic mineral deposits.

Section 17. Access to service Section 17(1)(a) the Directorate of Mines; and Section 17(1)(b) the Directorate of Geological Survey. Section 17(2) Each directorate shall be headed by a director. Section 17(3) The Cabinet Secretary shall ensure reasonable access to the services of the directorates established under subsection (1) in all parts of the Republic, so far as it is appropriate to do so having regard to the nature of the services offered. Section 17(4) The Cabinet Secretary may establish such other directorates as may be necessary.

Section 18. Appointment of Directors Section 18(1) A director shall be competitively recruited and appointed by the Public Service Commission. Section 18(2) In appointing a director, the Public Service Commission shall take into consideration the relevant qualification and nature of functions the director is required to undertake. Section 18(3)(a) is a citizen of Kenya; Section 18(3)(b) holds a degree in mining or geology, as the case may be, from a university recognized in Kenya; Section 18(3)(c) has had at least ten years proven experience at management level; and Section 18(3)(d) meets the requirements of Chapter Six of the Constitution. Section 18(4) Director shall hold office for a term of three years, which may be renewed once.

Section 19. Removal of a director from office Section 19(1)(a) inability to perform the functions of the office due to physical or mental incapacity; Section 19(1)(b) gross misconduct; Section 19(1)(c) incompetence or neglect of duty; Section 19(1)(d) violation of the Constitution or any other written law; or Section 19(1)(e) any other ground that would justify removal from office under the terms and conditions of service. Section 19(2)(a) sufficient notice of the intended removal from office; and Section 19(2)(b) an opportunity to respond to the grounds for his or her intended removal from office.

Section 20. Functions of the Director of Mines Section 20(1)(a) the day to day operation of the Directorate of Mines; Section 20(1)(b) promoting the effective and efficient management and the development of mineral resources, and the mining sector; Section 20(1)(c) exercising regulatory administration and supervision over all prospecting, mining, processing, refining and treatment operations, transport and any dealings in minerals, including import and export of minerals; Section 20(1)(d) ensuring compliance with conditions relating to mineral rights; Section 20(1)(e) ensuring compliance with the requirements of this Act; Section 20(1)(f) making any lawful orders as are necessary for the performance of the functions and duties under this Act; Section 20(1)(g) reviewing, assessing and approving prospecting and mining programmes; Section 20(1)(h) preparing the necessary reports required under this Act; Section 20(1)(i) facilitating access to information by the public, subject to any confidentiality restrictions; Section 20(1)(j) carrying out investigations and inspections necessary to ensure compliance with the provisions of this Act; Section 20(1)(k) providing advice and support to...

Section 21. Functions of the Director of Geology Section 21(1)(a) the day to day operation of the Directorate of Geological Survey; Section 21(1)(b) providing geoscience expertise and data to the government on all matters related to geology and the development of minerals; Section 21(1)(c) undertaking geological, geophysical, geochemical, seismological and hydro-geological surveys, investigations and mapping aimed at defining the character and distribution of rocks and superficial deposits and determining the mineral potential of Kenya; Section 21(1)(d) conducting geo-environmental studies; Section 21(1)(e) monitoring of seismic activities and mapping of areas of potential geohazards; Section 21(1)(f) conducting geological analysis and valuations; Section 21(1)(g) developing a national repository of geo-science information through the compilation, publication and dissemination of information and data concerning the geology and mineral resources of Kenya and facilitate access to this information by the general public; Section 21(1)(h) promoting private sector interest and investment in mineral exploration by providing geological information and services to prospective investors; Sec...

Section 16A. Powers of the Director for anti-money laundering and countering the financing of terrorism purposes Section 16A(1) Pursuant to sections 2A , 36A , 36B and 36C of the Proceeds of Crime and Anti-Money Laundering Act ( Cap.59A , the Director of Mines shall regulate, supervise and enforce compliance for anti-money laundering, combating the financing of terrorism and countering proliferation financing purposes by all reporting institutions regulated and supervised by the Director of Mines and to whom the provisions of the Proceeds of Crime and Anti-Money Laundering Act ( Cap. 59A ) apply. Section 16A(2)(a) vet proposed mineral rights holders and mineral dealers of a reporting institution; Section 16A(2)(b) conduct onsite inspection; Section 16A(2)(c) conduct offsite surveillance; Section 16A(2)(d) undertake consolidated supervision of mineral rights holders and mineral dealers; Section 16A(2)(e) compel the production of any document or information the Director may require for the purpose of discharging its supervisory mandate under the Proceeds of Crime and Anti-Money Laundering Act ; Section 16A(2)(f) impose monetary, civil or administrative sanctions for violations relate...

Section 16B Penalties for violations relating to money laundering and terrorism financing Section 16B(1) No mineral rights holders or mineral dealers or their agents shall violate or fail to comply with the regulations, guidelines, directions, rules or instructions issued for anti-money laundering, combating the financing of terrorism and countering proliferation financing purposes. Section 16B(2)(a) in case of a legal person, to a penalty not exceeding five million shillings; Section 16B(2)(b) in the case of a natural person, to a penalty not exceeding one million shillings; and Section 16B(2)(c) to additional penalties not exceeding one hundred thousand shillings in each case for each day or part thereof during which such violation or non-compliance continues. [ Act No. 6 of 2025 , sch.]

Section 151. Evidence of mineral right to be produced Section The holder of a mineral right or an agent or employee of the holder shall, when exercising a right under the mineral right over land owned or occupied by some other person, produce evidence of the mineral right if required to do so by any lawful owner or occupier of the land.

Section 152. Right to graze livestock and cultivate land Section does not unduly interfere with the relevant prospecting or mining operations; and

Section 153. Principles of compensation Section 153(1)(a) disturbs or deprives the owner or any lawful occupier or user of the land or part of the land; Section 153(1)(b) causes loss of or damage to buildings and other immovable property; Section 153(1)(c) causes damage to the Water table or deprives the owner of water supply; Section 153(1)(d) in the case of land under cultivation or grazing of domesticated animals, causes any loss of earnings or sustenance suffered by the owner or lawful occupier of the land; Section 153(1)(e) a demand or claim for compensation may be made to the holder of the mineral right to pay prompt, adequate and fair compensation to the lawful owner, occupier or user of the land in accordance with the provisions of this Act. Section 153(2) A mineral right holder shall deposit a compensation guarantee bond with the relevant Ministry. Section 153(3) The Cabinet Secretary may make Regulations relating to compensation guarantee bonds. Section 153(4)(a) in consideration for permitting entry to the land connected with the enjoyment of rights conferred under a mineral right; Section 153(4)(b) in respect of the value of any mineral in, on or under the land that is...

Section 154. General provisions on dispute resolution Section by the Cabinet Secretary in the manner prescribed in this Act;

Section 155. Determination of disputes by Cabinet Secretary Section a dispute of the boundaries of an area held under a prospecting or mining right;

Section 156. Procedure for determination of disputes by the Cabinet Secretary Section 156(1)(a) the party referring the dispute to the Cabinet Secretary shall lodge a memorandum with the Cabinet Secretary together with a statement of claim in the prescribed form; Section 156(1)(b) on receipt of the memorandum, the Cabinet Secretary shall notify the party against whom the complaint has been made of the referral of the dispute and shall advise the other party of the nature of the complaint and invite that party to lodge a memorandum in response to the complaint; Section 156(1)(c) upon receiving the written response from the party against whom a complaint has been lodged for determination, the Cabinet Secretary shall notify the parties of the time and place at which the matter will be heard and determined; Section 156(1)(d) the parties shall be invited to state their respective cases before the Cabinet Secretary and shall be entitled to adduce evidence on oath or affirmation in support of their cases; and Section 156(1)(e) after hearing the statements and receiving the evidence the Cabinet Secretary shall make a written determination of the dispute. Section 156(2) Any person who is a...

Section 157. Appeals Section Any person aggrieved by any decree, order or decision made or given under the powers vested in the Cabinet Secretary may appeal within thirty days to the High Court.

Section 22. Establishment of National Mining Corporation Section 22(1) There is established the National Mining Corporation, which shall be the investment arm of the national government in respect of minerals. Section 22(2)(a) suing and being sued; Section 22(2)(b) taking, purchasing and disposing of movable and immovable property; Section 22(2)(c) borrowing money with the approval of the National Treasury in accordance with the relevant law; Section 22(2)(d) entering into contracts; and Section 22(2)(e) doing such other things as may be necessary for the proper discharge of its functions under this Act, which may be lawfully done or performed by a body corporate. Section 22(3) The initial capital for the Corporation shall be monies appropriated by Parliament for that purpose.

Section 23. Headquarters of the Corporation Section The headquarters of the Corporation shall be in Nairobi.

Section 24. Functions of the Corporation Section engage in mineral prospecting and mining; and any other related activities;

Section 25. Board of the corporation Section 25(1)(a) a chairman, appointed by the President; Section 25(1)(b) the Principal Secretary responsible for mining or a representative; Section 25(1)(c) the Principal Secretary responsible for the National Treasury or a representative; Section 25(1)(d) the Principal Secretary responsible for trade or a representative; and Section 25(1)(e) three other persons, not being employees of the corporation. Section 25(2) The Cabinet Secretary shall make Regulations to prescribe the criteria for the appointment of the members under paragraphs (a) and (e). Section 25(3) An appointment under subsection (1)(a) and (e) shall be by name and by notice in the Gazette . Section 25(4) The term of office for members under subsection (1)(a) and (e) shall be for a period of three years and may be renewed for one further final term. Section 25(5)(a) resigns, by giving written notice to the Cabinet Secretary; Section 25(5)(b) is absent from three consecutive meetings of the Board without the permission of the chairperson; Section 25(5)(c) is convicted of an offence and sentenced to imprisonment for a term not exceeding six months; Section 25(5)(d) is adjudged ban...

Section 26. Chief Executive Officer of the Corporation Section 26(1) There shall be a chief executive officer of the Corporation who shall be competitively recruited by the Corporation. Section 26(2)(a) the accounting officer for the Corporation; Section 26(2)(b) the secretary to the Board; and Section 26(2)(c) responsible for the day to day administration and management of the affairs of the Corporation. Section 26(3)(a) holds a relevant degree from a university recognised in Kenya; Section 26(3)(b) has at least seven years management experience in a public or private institution; Section 26(3)(c) meets the requirements of Chapter Six of the Constitution; or Section 26(3)(d) has not been convicted of an offence and is not serving a term of imprisonment. Section 26(4) The chief executive officer shall be appointed for a term of three years, which may be renewed for one further term. Section 26(5) The chief executive officer may be removed from office in accordance with the terms and conditions set out in the contract and for violation of any written law or violation of the terms and conditions of the contract.

Section 27. National Mining Corporation Regulations Section The Cabinet Secretary shall make Regulations generally for purpose of the operationalization of the Corporation.

Section 28. Establishment of Minerals and Metal Commodity Exchange Section 28(1) The Cabinet Secretary shall facilitate the establishment of a Mineral and Metals Commodity Exchange. Section 28(2) The purpose of the Mineral and Metals Commodity Exchange shall be to facilitate efficiency and security in mineral trade transactions. Section 28(3) The Cabinet Secretary may make Regulations to prescribe the criteria for the establishment and the functions of a mineral and metals commodity exchange.

Section 29. Access to geoscience information Section a database of geoscience and information is kept and maintained; and

Section 30. Mineral Rights Board Section 30(1) There is established a Mineral Rights Board. Section 30(2)(a) a chairperson with demonstrable knowledge and experience of the minerals and mining sector, who shall be appointed by the President; Section 30(2)(b) the Principal Secretary responsible for matters relating to mining; Section 30(2)(c) the Principal Secretary responsible for the National Treasury; Section 30(2)(d) one person who has relevant qualifications or experience in mining, geology, geophysics or engineering, nominated by the Council of County Governors; Section 30(2)(e) the Chairperson of the National Land Commission; Section 30(2)(f) the Director of Mines who shall be the secretary to the Mineral Rights Board; Section 30(2)(g) the Director of Geological Surveys; and Section 30(2)(h) two persons with professional qualifications and experience in the mining industry. Section 30(3) The Cabinet Secretary shall appoint the persons under subsection (2) (d) and (h) who shall serve a period of three years. Section 30(4)(a) is a citizen of Kenya; Section 30(4)(b) holds a degree from a recognized university, in geology, geophysics, mining, engineering, economics, business admi...

Section 31. Functions of the Mineral Rights Board Section 31(1)(a) the grant, rejection, retention, renewal, suspension, revocation, variation, assignment, trading, tendering, or transfer of Mineral Rights Agreements; Section 31(1)(b) the areas suitable for small scale and artisanal mining; Section 31(1)(c) the areas where mining operations may be excluded and restricted; Section 31(1)(d) the declaration of certain minerals as strategic minerals; Section 31(1)(e) cessation, suspension, or curtailment of production in respect of mining licences; Section 31(1)(f) fees, charges and royalties payable for a mineral right or mineral; and Section 31(1)(g) any matters which under this Act, are required to be referred to the Mineral Rights Board. Section 31(2) The Mineral Rights Board may for the purpose of facilitating the performance of its functions establish such number of committees to advise the Mineral Rights Board on matters relating to mining and minerals.

Section 32. Categories of mineral right Section 32(1) The Cabinet Secretary, on the recommendation of the Mineral Rights Board, may grant, deny or revoke a mineral rights. Section 32(2) A mineral right may be granted in respect of a large scale operation or small scale operation. Section 32(3)(a) a reconnaissance licence; Section 32(3)(a)(i) a reconnaissance licence; Section 32(3)(a)(ii) a prospecting licence; Section 32(3)(a)(iii) a retention licence; Section 32(3)(a)(iv) a mining licence; or Section 32(3)(b) a prospecting permit; or Section 32(3)(b)(i) a prospecting permit; or Section 32(3)(b)(ii) a mining permit. Section 32(4) The Cabinet Secretary may on the recommendation of the Mineral Rights Board, by notice in the Gazette , designate any other mineral right which may be granted under this Act.

Section 33. Feedback on status of applications for large scale operations Section 33(1) A person shall make an application for a mineral right in the prescribed manner to the Cabinet Secretary. Section 33(2)(a) within ninety days in the case of an application for prospecting licence or reconnaissance licence; or Section 33(2)(b) within one hundred and twenty days in the case of an application for a mining licence. Section 33(3) Subject to subsection (2), the Cabinet Secretary shall notify the Mineral Rights Board of the decision to approve or reject an application before notifying the applicant. Section 33(4) Subject to subsection (2), the Cabinet Secretary shall notify the applicant in writing whether the application has been accepted or rejected. Section 33(5) Where the application is approved, the applicant shall by notice in writing accept or reject the offer for grant of the mineral right within twenty-one days from the date of receipt of notification of the approval. Section 33(6) Where the applicant does not notify the Cabinet Secretary of the acceptance of the offer, the approval of the application shall lapse after twenty-one days. Section 33(7) An applicant who is aggriev...

Section 34. Mineral right applications Section 34(1)(a) the land owner or lawful occupier of the land where the mineral is located; Section 34(1)(b) the community; and Section 34(1)(c) the relevant county Government. Section 34(2) The Cabinet Secretary shall, on receipt of the application, publish notice of the pending application in a newspaper of wide circulation at the applicant's expense. Section 34(3)(a) state the proposed boundaries of the land in relation to which an application for a mineral right is made; and Section 34(3)(b) be published, for twenty one days in the Gazette and in the offices of the County Government within which county the land is situated. Section 34(4)(a) within twenty one days in the case of an application for a prospecting licence; and Section 34(4)(b) within forty two days in the case of an applications for a mining licence. Section 34(5) The Cabinet Secretary shall hear and determine any objection to an application under subsection (4) through the Minerals Rights Board.

Section 35. Form of mineral right Section 35(1) A mineral right issued under this Act or any other written law, shall be evidenced by a licence or permit. Section 35(2) The licence or permit referred to under subsection (1), shall be in the prescribed form.

Section 36. Mineral rights in excluded and restricted areas Section 36(1)(a) any land specified by the Cabinet Secretary, by notice in the Gazette , to be land upon which such operations are excluded or restricted; or Section 36(1)(b) an area of which is subject to an existing permit or licence. Section 36(2)(a) approval of the National Land Commission, in relation to public land; Section 36(2)(b) the approval of the relevant State agency where that mineral right is on public land under Article 62(1)(b) of the Constitution; Section 36(2)(c) the approval of the appropriate Cabinet Secretary or other authority, where the area in respect of which a mineral right is sought is dedicated or set apart as a place of burial, religious significance, as a public building, or for any other public purpose; Section 36(2)(d) the Governor of the respective county exercising control where the land is situated within a town, municipality or trading centre; Section 36(2)(e) the Cabinet Secretary responsible for matters relating to wildlife conservation and management, where the land is situated within a marine park, a national park or a local sanctuary under the Wildlife Conservation and Management A...

Section 37. Mineral rights on private land Section 37(1) A prospecting and mining rights shall not be granted under this Act with respect to private land without the express consent of the registered owner, and such consent shall not be unreasonably withheld. Section 37(2)(a) a legally binding arrangement with the applicant for the prospecting and mining rights or with the Government, which allows for the conduct of prospecting or mining operations; or Section 37(2)(b) an agreement with the applicant for the prospecting and mining rights concerning the payment of adequate compensation. Section 37(3) Where consent is granted prior to any change in land ownership, such consent shall continue to be valid for as long as the prospecting and mining rights subsists.

Section 38. Mineral rights on community land Section 38(1)(a) the authority obligated by the law relating to administration and management of community land to administer community land; or Section 38(1)(b) the National Land Commission in relation to community land that is unregistered. Section 38(2)(a) a legally binding arrangement with the applicant for the prospecting and mining rights or with the Government, which allows the conduct of prospecting or mining operations; or Section 38(2)(b) an agreement with the applicant for the prospecting and mining rights concerning the payment of adequate compensation. Section 38(3) Subject to the law relating to community land, where consent is granted prior to any change in land ownership, such consent shall be valid for as long as the prospecting and mining rights subsists. Section 38(4) The Cabinet Secretary may, by notice in the Gazette , make regulations for the grant of prospecting and mining rights over community land.

Section 39. Consent or otherwise Section The person responsible for a State organ, agency, or authority or a person referred to under sections 36 , 37 or 38 shall give written consent or notice of refusal to the applicant within twenty days.

Section 40. Compulsory acquisition of land for prospecting and mining Section 40(1)(a) unreasonably withheld; or Section 40(1)(b) the Cabinet Secretary considers that withholding of consent is contrary to the national interest. Section 40(2) Subject to subsection (1), the land or area shall cease to be land excluded from prospecting or mining.

Section 41. Tendering for mineral rights Section 41(1) The Cabinet Secretary shall invite parties to tender in respect of large-scale operations over an area or areas of land designated under section 14 . Section 41(2) The Cabinet Secretary shall in consultation with the National Treasury and subject to the law relating to public procurement, make Regulations to provide for tendering guidelines.