Sunday, August 18, 2024 -Governor Bassey Otu of Cross River State has signed an Executive Order to protect all communities in the state that are richly endowed with mineral resources from exploitation, insecurity, criminality, restiveness, and unauthorized infiltration.
The Executive Order No. 1 of 2024, is aimed
at protecting mining communities across the 18 LGAs of the state from
insecurity, exploitation, and the unauthorized collection of surface rent from
mining entities operating in any part of the state.
The Order takes effect from Wednesday, 14th
August 2024.
Otu noted that the Order has become
imperative to ensure that all mining companies and individuals operating in the
state consistently pay their surface rent to promote safety, peace, security,
and good governance across the state.
In a statement signed by the Commissioner
for Information, Erasmus Ekpang, the governor said, “Under the Executive Order
and in compliance with Section 16 of the Minerals and Mining Act, 2007, every
mining entity or individual must obtain the Community Consent and Development
Agreement, which must be vetted by the Ministry of Justice to avoid duplication
and ensure that the community development commitments align with the state’s
overall development master plan.”
“The Order also provides for the
verification of entities and miners with authentic leases and licenses from the
Federal Government, in line with Section 15, Subsection 4 of the 1999
Constitution, as amended.”
He emphasized that the profiling shall be
done in liaison with the Commissioner of Police in the state, taking into
account the provisions of the Land Use Act in Section 5, Subsection 1a.
The Ministry of Environment, he said, is to
follow up with the entities and miners to ensure the restoration and reparation
of the land’s integrity in accordance with all relevant laws.
“In addition, the Order further empowers the
Ministry of Lands to grant approval for physical infrastructural development by
any entity in any part of the state, while the Ministries of Justice,
Environment, Mineral Resources, Local Government Councils, Traditional
Institutions, and the Cross River State Internal Revenue Service are to
collaborate effectively to guarantee compliance with the collection of surface
rents, enforcement of the Order, and prosecution of defaulters.”
Governor Otu also pointed out that the
Executive Order provides the authority to impose and collect surface rents,
including the surface rent charge per mineral type per cadastre and cadastral
units, as well as guidelines for collection, the due date for payments from the
period of issuance of demand notices, and the remittance of fees to the state
accounts.
According to the Order, the Cross River
State Executive Council is empowered to review the provisions of the Order
every three years, while its application shall be done in conjunction with
other relevant extant laws in the state as well as those to be issued in the
future pursuant to Executive Order No. 1 of 2024.
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