Introduction
The Public Authority of Mining
(the “Authority”) is affiliated with the Ministry of Commerce and
Industry (the “Ministry”) and aims to develop the mining sector, achieve
optimal exploration of mineral resources and invest resources in such a way as
to develop goals and economic diversification in Oman. As natural minerals in
Oman are property of the state, the Authority is responsible for granting
licences for exploration and mining activities as well as implementing and
monitoring such activities. The scope of this article focuses on the Authority’s
role in supervising all mining-related activities once a licence has been
granted.
Powers of the Authority
Where Mining is Concerned
The Authority was established
in accordance with RD 49/14 giving extensive power to the Authority in the
governance of mining activities. The powers and prerogatives, allocations and
assets of the Ministry have been transferred to the Authority. Although not an
exhaustive list, some of the Authority’s powers include the ability to:
•
supervise all activities that are related to the exploration of minerals and
develop resources; and
• preserve the geological
landscape and set out the appropriate controls to protect it.
Article 19 of the Mining Law as
promulgated by RD 27/03 also stipulates that officials designated by the
Authority shall be entitled to:
• access, inspect and examine the mine or quarry at any time during duty hours, provided they do not interrupt or obstruct the operations flow; and
• investigate the mine or
quarry status to assess the suitability of the adopted safety and other
measures.
Mining Regulation No. 77 of 2010 (the “Regulations”) goes further to specify how officials may monitor mining activities. In accordance with Article 77 of the Regulations, relevant judicial inspectors may:
•
enter into the area of the concession or licence at any time during the working
hours for the purpose of physically inspecting the work progression and
assessing steps taken to ensure the health and safety of workers;
•
view and collect production details, mining operation records and accounts
during the working hours;
•
issue instructions and directions to employees in charge of the mining
operations for the purpose of improving the work and specifying violations, if
necessary;
•
investigate violations committed by the holder of mining concession or licence;
and
• review the production reports
and the guaranteed and potential mining reserve of the extracted metal and
compares the same with the reports submitted to the director as per conditions
of the concession or licence.
