The Ban on Mining in Bauchi State: A Move towards Regulation and Cooperation
The recent decision by the Bauchi State Government to prohibit the issuance of mining consent letters without clearance from the Ministry of Natural Resources has garnered widespread attention. This development has sparked considerable discourse on the role of state governments in the mining sector, as well as the necessity for collaboration between state and federal authorities.
As stipulated in Section 1(1) of the Nigerian Minerals and Mining Act, 2007, the federal government holds exclusive jurisdiction over the control and management of mineral resources in Nigeria. Nevertheless, the Act also delegates responsibilities to states, local government areas, community leaders, and land title holders in the realm of mining activities. It mandates that holders of mineral titles must notify and obtain consent from local government chairmen, landowners, and community leaders prior to commencing exploration or extraction activities.
The recent ban imposed by Bauchi State may have been prompted by the objective of addressing the disorderly nature of mineral resources mining in the state. This may be perceived as an endeavour to institute a more methodical and equitable compensation system for stakeholders, as outlined in the Nigerian Minerals and Mining Act 2007 and the Nigerian Minerals and Mining Regulations 2011. However, it is imperative to acknowledge that the issuance of mining consent letters without state approval may be deemed unlawful within the existing legislation.
In order to augment the involvement of state governments in the regulation of mining activities within their jurisdictions, it is imperative for the federal government to reconsider the current laws and regulations. A derivation formula should be established to ensure that state governments benefit from mining activities in a more systematic manner, thereby incentivising them to engage more actively in the sector. This collaborative approach would culminate in heightened protection of the nation’s mineral resources and greater benefits for the populace.
While the intentions behind the ban on mining consent letters in Bauchi State may be well-intentioned, it is imperative to uphold the prevailing legal framework. The ban underscores the necessity for a cooperative rapport between state and federal authorities in the regulation of mining activities.
In conclusion, the recent prohibition on mining in Bauchi State denotes a stride towards regulating the mining sector and fostering cooperation between state and federal governments. By abiding by the provisions of the law and instituting a more inclusive approach to mining regulation, both tiers of government can collaborate to ensure the responsible and sustainable management of Nigeria’s mineral resources.
