Resource information
This Act consists of 63 sections divided into 11 Parts: Preliminary (I); Acquisition of mineral rights (II); Administration (III); Reconnaissance licences (IV); Prospecting licences (V); Mining licences (VI); Mineral rights and surface rights (VII); Financial (VIII); Withdrawal of applications (IX), Surrender and termination of mineral rights (X); Regulations (XI); Penalties and offences (XII); Records, information and arbitration (XIII).Mineral rights shall be granted only to citizens of Tuvalu or to a corporation that is incorporated by or under any law of Tuvalu (sect. 3). Subject to the provisions of this Act the Minister may at his or her discretion grant to any person a reconnaissance licence over any area in Tuvalu. No reconnaissance licence may be granted in respect of any area over which a prospecting licence or a mining licence has been granted (sect. 10). Section 12 sets out obligations of reconnaissance licence holders. Section 15 defines requirements regarding applicants for prospecting licences. A prospecting licence may be issued subject to such terms and conditions as the Minister may in each case determine (sect. 16). The Act further defines, with respect to prospecting, the maximum size of prospecting areas (sect. 21), rights of holders of prospecting licences (sect. 22) and their obligations (sect. 23). The Minister may prohibit “wasteful mining or treatment practices” under section 36 and may order merger or co-ordination of mining licences under section 37. Section 39 concerns the exportation of radioactive minerals, which no person shall export, except under and in accordance with the terms and conditions of a permit granted by the Minister. No mining shall take place on any land not being Crown land set aside or used for the purposes of Government (sect. 42). Sections 44 and 45 provide for compensation in case of disturbance including the disturbance of fishing. Where the Minister considers that any land is required to secure the development or utilisation of the mineral resources of Tuvalu he or she may compulsorily acquire such land (sect. 47).
