continental shelf and within the territorial waters and the exclusive economic
zone of Namibia shall belong to the State if they are not otherwise lawfully
owned.
Article 95 (l) of the Namibian constitution states that “maintenance of
ecosystems, essential ecological processes and biological diversity of Namibia
and utilization of living natural resources on a sustainable basis for the
benefit of all Namibians, both present and future; in particular, the
Government shall provide measures against the dumping or recycling of
foreign nuclear and toxic waste on Namibian territory.”
The minerals industry in Namibia is administered by the Minister of Mines
and Energy, assisted by the Mining Commissioner and the Minerals Board of
Namibia.
Certain limitations exist on the export of materials or minerals. No person
may, except with the written permission of the Minister, export any source
material from Namibia. The exportation of diamonds is also strictly regulated
in terms of the Diamonds Act 13 of 1999 and the Regulations passed in terms
of this Act.
The Nature Conservation Ordinance no. 4 1975 deals with protection of
wildlife. The Nature Conservation Amendment Act No. 5 of 1996 provides for
an economically based system of sustainable management and utilisation of
game in communal areas.
In terms of section 114 of the Minerals Act, Act No 33 of 1992, a holder of a
mining claim, a non-exclusive prospecting licence or a mineral licence is
required to pay royalties to the Commissioner for the benefit of the State
Revenue Fund.
In Namibia, both Government and private institutions conduct many surveys
on various issues of economic and social needs including the three major
surveys which is being carried out by the Government, namely the National
Housing and Population Census, Namibia Household Income and
Expenditure Survey (on living conditions) which take place every 10 years.
The Demographic Health Survey which looks at natural health level of the
country such as child health, family planning, infant child and adult
mortality, nutrition and maternal health, is conducted every 5 years. These
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