contract of acquisition of a concession for a mining company and show how it is going to be managed.

Topics: Tax, Value added tax, Taxation Pages: 57 (16553 words) Published: January 12, 2014

Draft a contract of acquisition of a concession for a mining company and show how it is going to be managed.

1.0 Introduction (Notes: Both surface and underground mining) 1.1 Definitions
1.2 Interpretation
1.3 Background information
1.4 Scope of Work (SoW)
1.5 Obligations and Responsibilities of Parties
(Notes: Land documents and indenture not to be used to be used as collateral during the lease period) Mode of payment
Customs import waiver
Land recovery and re-possession
(Notes: What happens to the building facilities on the land?) Currency and Exchange control
Authorized Representatives of parties
2.0 Leases and other Rights for Mining Development
2.1 Ghana Investment Promotion Council (GIPC)
2.2 Ministry of Lands and Natural Resources
2.3 Minerals Commission
2.4 Environmental Protection Agency (EPA)
2.5 Chamber of Mines
2.6 Geological Survey Department (GSD)
2.7 Forestry Commission
2.8 Wildlife Division
2.9 Water Resources Commission
2.10 Local Community Development and Regional Administration 2.10.1 Relationship of This Agreement to Local Level Agreement 2.10.2 Local Business Development Plan
2.10.3 Development of Host and Neighboring Communities:
2.10.4 Monitoring and Evaluation
2.10.5 Development of Community and Mining Technology and Geosciences 2.10.6 Community resources and Responsibility
2.10.7 Community Development Plan

2.10.8 Community Health
3.0 Exploration
4.0 Land Acquisition - Risk inherent / how to deal with it (specifications and tender notice). Concessions in land for mining with relevant articles of the 1992 Constitution of Ghana and the Minerals and Mining Act 2006 (Act 703).

4.1 Special Contracts
4.1.1 State lands
4.1.2 Stool lands
4.1.3 Family lands
5.0 Contract Implementation and Management / And Evaluation 5.1 Cultural Analysis (Notes: Racial and Cultural discrimination) 5.2 Community Relations and Strategic Communications
5.3 Subcontracting and Outsourcing
5.4 Environmental Management and Protection
5.5 Training and Localization
(Note: Review Local Content Act)
5.6 Resettlement and Local business development
5.7 Compensation to affected farmers
5.8 Corporation, Dispute Resolution and Aebitration
5.9 Insurance (Notes: works, Equipment, Personnel)
5.10 Suspension of Operations
5.10.1 Natural Disaster
5.10.2 Community unrest
5.10.3 Government Policies and Interventions
5.10.4 Political Instability, State of emergency and Wars
5.10.5 Epidemic
5.10.6 Economic
5.11 Termination
5.11.1 Concealment of Vital and Relevant Information
6.0 Corporate Social Responsibilities



1.2.1 In this contract, unless the context otherwise implies – a. Monetary references are references to the Republic o Ghana’s currency – the Cedi, unless otherwise specifically stated; b. The headings and subheadings do not affect the interpretation or construction; c. Reference to a court is to a “GHANA” court.

d. Reference to an Act includes the amendments to that Act or the time being in force and also to any Act passed in substitution therefore and any regulations for the time being in force there under; e. References to a part, clause, schedule, exhibit and annex refers to a part, clause, schedule, exhibit or annex of, in or to this Agreement; f. A reference to this Agreement includes all a schedules, exhibits and annexes to this Agreement; g. A reference to an agreement, deed, instrument or other document includes the same as amended, notated, supplemented, or replaced from time to time; h. Reference to day, month or year is relevantly to a calendar day, calendar month or calendar year. i. The expressions “including”, “includes” and “include” have the meaning as if followed by “without limitation”; j. No rule of construction is to apply to the disadvantage of a Party on the basis that,...
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