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Gotham Consult

Insights · · 6 min read

Mining licences in Ghana: types, steps and the 2026 rules for foreign investors

Reconnaissance, prospecting and mining leases in Ghana: who grants them, the 10% state interest, the 2026 gold royalty scale and what foreigners cannot do.

In short
  • Foreign investors can hold reconnaissance and prospecting licences and mining leases through a Ghanaian company; small-scale mining licences are reserved for Ghanaian citizens.
  • The Minister grants mineral rights on the Minerals Commission's recommendation; the holder also needs environmental, forestry and water permits before working.
  • The State takes a 10% free carried interest, and since March 2026 gold royalties follow a sliding scale from 5% to 12% of the gold price.
  • A new Minerals and Mining Bill was expected in Parliament from October 2026 and was not law on 1 October 2026.

The mineral rights

Under the Minerals and Mining Act, 2006 (Act 703), the Minerals Commission lists these rights. Areas are counted in blocks of 21 hectares.

RightWhat it allowsMaximum areaTerm
Reconnaissance licenceRegional exploration, no drilling or excavation5,000 blocks12 months, renewable
Prospecting licenceDetailed exploration750 blocks3 years, renewable; the area is reduced on renewal
Mining leaseProduction300 blocksUp to 30 years, renewable
Restricted mining leaseBuilding and industrial minerals300 blocksUp to 15 years
Small-scale mining licenceSmall-scale miningAs set by regulationsGhanaian citizens only

How a licence is granted

  1. Apply through the Minerals Commission. For reconnaissance and prospecting licences, the Commission's procedure runs from filing at the district office, through publication in the Gazette and a 21-day period for objections, to a review by the Commission.
  2. The Commission recommends the application to the Minister for Lands and Natural Resources, who grants, renews or refuses mineral rights. Act 703 gives the Commission 90 days to make its recommendation.
  3. Before working, the holder needs an environmental permit from the Environmental Protection Authority, a Forestry Commission permit where relevant and a water-use permit from the Water Resources Commission.
  4. Landowners keep their surface rights under Act 703, so access and compensation are agreed with them. Take Ghanaian legal advice on this step.

What the State takes

  • Free carried interest: the Government holds 10% in every mining lease company, without paying for it.
  • Royalty: since March 2026, under the Minerals and Mining (Royalties) Regulations, 2025 (L.I. 2517), the gold royalty rises with the gold price, from 5% at USD 1,900 an ounce or less to 12% above USD 4,500. Lithium has its own 5% to 12% scale, and other minerals stay at 5%. Some large miners with development agreements are reported to be exempt.
  • Growth and Sustainability Levy: cut from 3% to 1% of gross gold production in March 2026.

What changed in 2025 and 2026

  • L.I. 2462, which allowed mining in forest reserves, was revoked in December 2025.
  • The Ghana Gold Board (GoldBod), created by Act 1140 in 2025, is the only buyer, seller, assayer and exporter of gold from small-scale mining. Foreigners left local gold trading on 1 May 2025 but may buy from GoldBod.
  • In February 2026 the Minerals Commission revoked about 300 small-scale licences and announced action against fronting, where foreign interests use Ghanaian nominees to hold rights.
  • A Minerals and Mining Bill, 2026 would give the State a special share with veto rights, shorten mining leases to 15 years or the life of the mine, add a medium-scale licence and allow the Government to require local processing. It was not law on 1 October 2026.

Local content

The Minerals and Mining (Local Content and Local Participation) Regulations, 2020 (L.I. 2431) apply to licence holders and mine support service providers. They require five-year procurement plans, reserve services such as catering, security, haulage and fuel supply for Ghanaian companies, require a plan to localise management roles, and set a 20% share of financial services with Ghanaian-owned institutions.

What foreigners cannot do

Small-scale mining licences are for Ghanaian citizens only. Engaging a foreigner in illegal small-scale mining is an offence carrying heavy fines and prison terms. The lawful routes for a foreign investor are its own reconnaissance or prospecting licence or mining lease, held through a company incorporated in Ghana, or buying gold through GoldBod. Any financing, equipment or partnership deal with a small-scale licence holder needs Ghanaian legal advice first.

How Gotham Consult helps

Gotham Consult and its partner Carlson Capital Ltd screen concessions with geology first, check licences and ownership on the record, and set up the company, permits and first team for investors. See mining due diligence or join the investor list.

Questions

Can a foreigner get a mining licence in Ghana?

Yes. A foreign investor can hold a reconnaissance licence, a prospecting licence or a mining lease through a company incorporated in Ghana. Small-scale mining licences are reserved for Ghanaian citizens.

Who grants mining licences in Ghana?

The Minister for Lands and Natural Resources, on the recommendation of the Minerals Commission. Environmental, forestry and water permits are also needed before work starts.

What is the gold royalty rate in Ghana in 2026?

Since March 2026 it follows a sliding scale tied to the gold price, from 5% at USD 1,900 an ounce or less up to 12% above USD 4,500 an ounce.

Does the Government of Ghana take a share in mines?

Yes. Under Act 703 the Government holds a 10% free carried interest in mining lease companies. A 2026 bill would add a special share with veto rights, but it was not law on 1 October 2026.

Sources

  1. Minerals Commission: Mineral rights
  2. Minerals Commission: Licence procedure
  3. Minerals and Mining Act, 2006 (Act 703)
  4. Minerals Commission: reforms to boost Ghanaian ownership (February 2026)
  5. Graphic: stakeholders on the new minerals royalty (March 2026)
  6. GhanaWeb: sliding-scale royalty regime (December 2025)
  7. Graphic: Growth and Sustainability Levy amendment (March 2026)
  8. ClientEarth: L.I. 2462 revoked (December 2025)
  9. Graphic: GoldBod sole buyer and exporter of small-scale gold (April 2025)
  10. Miningmx: Ghana mining bill seeks wider state powers (October 2026)
  11. Overview of L.I. 2431 (Legal 500)
  12. Mondaq: Mining in Ghana

Last reviewed: 1 October 2026. This is general information, not legal or tax advice.