Mining Records, Geological Data and Radioactive Minerals in Nigeria: A Legal
Analysis of Sections 43 and 44 of the Minerals and Mining Act 2007
Introduction
Mining regulation is not limited to the grant of mineral titles. Effective regulation also requires
reliable geological information, proper documentation of mining activities and mechanisms for
dealing with materials that may pose exceptional risks to human health and the environment.
Sections 43 and 44 of the Nigerian Minerals and Mining Act 2007 address these two important
areas.
Section 43 establishes obligations concerning the keeping, submission and preservation of
exploration and mining records, while section 44 creates a specific regulatory regime for the
discovery of radioactive minerals. Together, the provisions demonstrate that Nigeria’s mining
legislation treats information management and public safety as essential components of
responsible mineral development.
- Records and Plans of Exploration and Exploitation
Section 43 applies to persons undertaking reconnaissance, exploration or exploitation under a
mineral title or pursuant to ministerial authorization. The holder must keep correct plans of
exploration or mining operations, maintain records of every mineral discovered and ore
reserves calculated within the mineral-title area, supply copies of plans and records to the
Mining Cadastre Office when required, and provide the Nigerian Geological Survey Agency with
a complete set of geoscientific data acquired during the operation, including maps, cores and
samples.
This requirement serves two purposes. First, it provides the Government with reliable
information for monitoring the holder’s activities and assessing compliance with the mineral
title. Secondly, it contributes to the development of Nigeria’s national geological database.
Exploration data generated by private investment can therefore become part of the country’s
broader knowledge of its mineral resources. Section 43 nevertheless recognises the commercial
sensitivity of exploration information. The data submitted under the section is generally
protected from public disclosure for five years, or until specified events occur, including
relinquishment of part of the mineral-title area or cessation of the holder’s title through
revocation or relinquishment. The provision therefore attempts to strike a balance between
investor confidentiality and the public interest in geological information.
2. How the 2011 Regulations Implement Section 43
The Nigerian Minerals and Mining Regulations 2011 give practical effect to section 43.
Regulation 7 requires departments and agencies to report to the Minister and expressly
includes reports, records and returns required under section 43, including work-programme
reports, mine designs and production returns. More directly, Regulation 18 requires a mineral
title holder, while the title subsists, to submit detailed half-yearly reports of exploration and
mining operations to the Mines Inspectorate Department. It also requires holders involved in
exploration and exploitation to keep correct plans, supply copies when demanded and provide
the Nigerian Geological Survey Agency with geoscientific data, including geological and
structural maps, cores and samples.
The Regulations therefore transform the general statutory obligation in section 43 into a
continuing reporting and data-management obligation. For mining investors, this is important:
geological information generated during a project should be treated as a regulatory asset as
well as commercially valuable information.
- Discovery of Radioactive Minerals
Section 44 addresses a different but highly sensitive issue. Where a mineral-title holder
discovers during mining a radioactive mineral, or a mineral reasonably suspected to be
radioactive, the holder must immediately notify the Mines Inspectorate Department in writing.
The section also provides that the applicable nuclear-safety legislation applies to radioactive
minerals discovered during mineral exploitation. This is an important statutory division of
responsibility. The mining regulator remains involved because the discovery occurs within a
mining operation, but the radioactive character of the material brings the operation within the
specialist nuclear and radiation-safety framework.
Section 44(3) further permits the Mines Inspectorate Department, after consultation with
relevant authorities and with the Minister’s approval, to authorise removal of the radioactive
material to a place approved for safe custody. The provision reflects a precautionary approach: a
mining operator should not independently decide how radioactive material is stored,
transported or disposed of.
4. The 2011 Regulations and Radioactive Minerals
The Regulations provide considerably more detail than section 44. Regulation 129 specifically
addresses the discovery of radioactive minerals within the Mines Inspectorate framework. The
Regulations then establish a dedicated environmental regime for radioactive-mineral mining in
Regulations 218–224.
These provisions address matters including:
- environmental requirements for radioactive-mineral mining;
- staffing and environmental controls;
- water and tailings disposal;
- atmospheric pollution;
- transportation of radioactive minerals; and
- protection against radiation.
Regulation 223 is particularly important because transportation of yellowcake from an ore-
treatment plant must be undertaken in a manner approved by the Mines Environmental
Compliance Department and in accordance with applicable nuclear regulatory laws, national
and international regulations and standards. Regulation 224 requires mineral-title holders to
reduce radiation exposure to persons on or near the project area to the lowest practicable level.
The regulatory framework therefore extends well beyond merely reporting the discovery.
- Conclusion
Sections 43 and 44 illustrate two important principles of Nigerian mining regulation. Section 43
treats geological information and operational records as essential regulatory infrastructure,
requiring mineral-title holders to generate, preserve and submit reliable information while
providing a period of confidentiality to protect legitimate commercial interests.
Section 44 recognises that certain mineral discoveries create risks that transcend ordinary
mining regulation. Radioactive minerals therefore trigger immediate notification, specialist
regulatory oversight and the application of nuclear and radiation-safety requirements. The 2011
Regulations strengthen both provisions. Regulation 18 establishes continuing reporting and
geoscientific-data obligations, while Regulation 129 and Regulations 218–224 create a more
detailed framework for radioactive minerals, including transportation and radiation protection.
For mining investors, the message is clear: a Nigerian mineral title carries obligations that
extend beyond extraction. Accurate geological reporting, preservation of exploration data,
immediate disclosure of radioactive discoveries and compliance with specialist safety standards
are integral parts of lawful mining operations.
The combination of sections 43 and 44 consequently reflects a broader regulatory philosophy:
Nigeria’s mineral wealth is not merely an economic resource; its development must also be
supported by accurate geological knowledge, regulatory transparency and protection of human
health and the environment.