Section 120: (1) Any person who shall- Mis

cellaneous (a) place or deposit or be an accessory to the placing or offences: depositing of any mineral in any spot or place for the purpose of misleading. any person as to the nature, quality or quantity of the mineral naturally occurring at such spot or place; or (b) mingle or cause to be mingled with any sample of metal, mineral ore or any substance which will increase or decrease the value or in any way change the nature of such metal, mineral or ore, with intent to defraud any person, commits an offence and is liable, on conviction, to a fine not exceeding two hundred and fifty currency points or to imprisonment for a term not exceeding five years, or both. (2) Any person who without lawful authority- ' (a) wilfully breaks, defaces or removes, or in any way interferes with any boundary mark, beacon, pillar, peg or post erected for any of the purposes of this Act; or under the regulations; or (b) wilfully removes or alters any such mark, beacon, pillar, peg or post after it has been delineated on a plan or survey, commits an offence and is liable, on conviction, to a fine not exceeding two hundred and fifty currency points or to imprisonment for a term not exceeding two years, or both. (3) Any person who- (a) interferes with any prospecting, exploration or mining operations authorised by or under this Act; (b) obstructs any holder of a mineral right in the exercise of any right conferred by or under this Act; or (c) interferes with any machinery, plant, works or property established on, in, under or over any land in exercise of a right conferred by or under this Act, commits an offence and is liable, on summary conviction, to a fine not exceeding two hundred and fifty currency points or to imprisonment for a term not exceeding two years, or both. (4) Any person who commits a breach of any of the provisions of this Act for which no penalty is expressly provided shall be liable, on summary conviction, to a fine not exceeding one hundred currency points or to imprisonment for a term not exceeding one year, or both. (5) Where any person is convicted of an offence under this section and the time limited for appeal has elapsed or the appeal has been refused, the Commissioner shall cancel any mineral right which has been granted to any such person under this Act. Regulations. 121. (1} The Minister may make regulations for the conservation and development of mines and minerals on new areas or areas already gazetted as such and otherwise for the purpose of giving effect to the provisions of this Act. (2) Without prejudice to the generality of subsection (1) of this section, the regulations may include provisions for or with respect to- (a) anything, which may be prescribed under this Act; (b) the manner in which applications under this Act shall be made, the form of documents required and information to be supplied by an applicant; (c) the shape of the area over which a mineral right may be granted and the manner in which areas and boundaries shall be marked, beaconed and surveyed and the fees payable in respect of such surveys; (d) the rejection of an application for a mineral right and the renewal, transfer, assignment or surrender of a mineral right; (e) the returns to be rendered and the nature of the accounts, books and plans to be kept by the holder ofa mineral right; (f) the valuation, sampling, weighing and testing of minerals; (g) the method of calculation of the amount of royalties and the manner of payment of such royalties; (h) the fees to be paid in respect of any service rendered or matter or thing done under this Act; (i) the restriction or prohibition of prospecting, exploration or mining operations for environmental reasons; (j) the safety of the public and the safety and welfare of persons employed in mines and the carrying on of prospecting, exploration and mining operations in a safe, proper and effective manner; (k) the notices and other safety measures necessary to protect the owner or lawful occupier of any land who exercises his or her right to graze stock upon or cultivate the surface of such land under section 80 of this Act; (1) the inspection of mines by authorised officers; Act 9 - Mining Act 2003 (m) the proper and efficient working of exploration and mining areas and mines, as well as the avoidance of wasteful mining practices or wasteful metallurgical practices; (n) the penalties, not exceeding one hundred currency points or imprisonment for a term not exceeding one year, for breach of any offence under the regulations or anything which is to be prescribed; and (o) requiring any person who is the holder of a mineral right on the date of commencement of this Act to comply with such provisions of this Act as the Minister may from time to time specify. Repeal of 122. (1) The Mining Act, Cap 248, is repealed. Mining Act, Cap. 248. (2) Notwithstanding the repeal referred to in subsection (1) of this section- (a) any public officer or other employee holding office or employment under the repealed Act on the date of commencement of this Act shall continue to hold such office or employment as if appointed or employed under this Act; (b) any regulations made under the repealed Act shall, in so far as they are consistent with the provisions of this Act, continue in force as if they were made under this Act. Amendment 123. The Minister may, by statutory instrument, after of Schedule. Consultation with the Minister responsible for finance and with the approval of the Cabinet, amend the Schedules to this Act. Transitional 124. Notwithstanding the repeal referred to in section 122 of lata this Act, any right or title granted under the repealed enactment and existing subsisting immediately before the date of commencement of this Wei a Act shall continue in force; except that any such right or title shall be limited as prescribed by the law under which it was granted. eee SCHEDULES. FIRST SCHEDULE Section 2 A currency point is equivalent to twenty thousand shillings. SECOND SCHEDULE. Section 98(3) Government 80% Local Governments 17% Owners or lawful occupiers of land subject to mineral rights 3%