Mining Operations Council of Ministers Regulation No. 423-2018

PART SIX OFFENCES and Administrative PENALTIES

  1. First Level Offences and Administrative penalties

1/ Any person who:

  1. a) without prejudice to the provisions of Article 7(3) and (5)  of the Proclamation, undertakes mining operations and transport minerals without having obtained the relevant license;

 

  1. b) has submitted false or fraudulent information in connection with the application relating to a license, renewal, notification of discovery, or certificate of competence;

shall be punishable with a fine from Birr 300,000 up to Birr 500,000 and the mineral produced without having license shall be confiscated.

 

 

2/ Any licensee who:

 

  1. a) conducts mining operation in a reckless or willfully improper manner or breaches any material term or conditions of his license;
  2. b) fails to comply with an order and the financial obligations prescribed under Article 69 of the Proclamation;

 

  1. c) commits any kind of fraudulent act in relation to rights emanated from a license or has submitted false information or commits fraudulent act in connection with mining operations or undertakes mining activities not envisaged in the license;
  2. d) breach the environmental, safety and health standards or fails to observe an obligations related to his mining operation; or

 

  1. e) fails materially to meet administrative and fiscal obligations related to his mining operation;

shall be punishable with a fine from Birr 150,000 up to Birr 200,000.

 

50.Second Level Offences and penalties

Any licensee who:

 

1/ fails to maintain, as the case may be, books and records required under sub-article of Article 42 (1) of this Regulation or other documents or materials required or maintains books and records which are materially incorrect or incomplete;

 

2/ conducts mining operations in a negligent manner or in a way which endangers the health or safety of any person, the environment and nature, a deposit, or fails to observe his duties in respect to community development or fails to observe generally accepted good mining practices or fails to observe an obligation of license;

 

 

 

3/ fails to grant a duly authorized supervisor or official of the Licensing Authority access into the license area, or to any other site or premises of the mining operations or to his books, records, other documents or materials, or fails to carry out a lawful order or instruction of such official;

 

 

 

4/  where the holder of a certificate of competence for consultancy and technical service failed to carry out his duties in an ethical manner, to use modern technology and generally accepted good mining operation practices in the mining industry;

shall be punishable with a fine Birr 50,000 up to Birr 70,000, if immediately takes remedial action to correct the violation after receiving notice; if the person concerned does not take remedial action immediately, the amount of the fine shall be doubled; if the violation results in an imminent or continuing danger to the health and safety of any person, the environment or a deposit, the Licensing Authority may immediately order suspension of mining operations license pending the correction of the violation, and the license shall be suspended until such act, omission or condition is rectified.

 

51.Third Level Offences and penalties

Any licensee who:

1/ fails to maintain books and records in a complete, accurate and current manner, excluding such deficiencies to maintain books and records which are materially incorrect or incomplete;

 

  1. b) fails in a timely manner to file all reports and other documents or to give notices required;

 

  1. c) fails to carry out mining operations in a proper and prudent manner or to observe regulations or directives but which failure does not endanger the health or safety of any person, the environment or a deposit;

 

  1. d) fails to maintain information in connection with mining license either in Amharic or English language;

shall be punishable with a fine from Birr 30,000 up to  Birr 50,000 if fails to take remedial measure to correct the violation immediately after receiving notice.

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