Other Regulatory Functions

Powers of Entry and Search under the Guyana Gold Board Act

Pursuant to Section 21 of the Guyana Gold Board Act, officers of the Guyana Gold Board are legally empowered to enter and search any premises, at any hour of the day or night, where there is reasonable cause to suspect that an offence under the Act is being committed. This power of entry and search must be exercised with the prior authorisation of a Magistrate or Justice of the Peace and may be carried out with such assistance and force as may be necessary to ensure the effective execution of the search.

The authority applies specifically to suspected offences under the following provisions of the Act:

  • Section 7 – Unlawful possession of gold;
  • Section 8 – Sale or purchase of gold contrary to the exclusive rights of the Guyana Gold Board;
  • Section 9 – Breaches of the conditions attached to exemptions or authorisations; and
  • Section 10 – Unlawful purchase of gold by unauthorised persons.

This provision underscores the Board’s mandate to ensure compliance with the legal framework governing the possession, trade, and export of gold in Guyana.

 

Offences and Penalties

Section 23 of the Guyana Gold Board Act sets out the penalties for non-compliance with key provisions of the Act. A person who fails to comply with Sections 6 to 10 of the Act, obstructs an officer in the execution of duties under the Act, or breaches any of the conditions imposed under Section 9(1), commits an offence and is liable:

    1. On first conviction, to a fine of seventy-five thousand dollars (GYD $75,000).
    2. On a second or subsequent conviction, the offender is liable to a fine of the same amount and imprisonment for a term of five (5) years.

Provided that the Court may for any special  reasons to be recorded in writing impose any lesser sentence, and to forfeiture of the gold in respect of which the offence was committed.

These penalties underscore the seriousness with which the Guyana Gold Board enforces its mandate to regulate the gold industry and ensure compliance with its governing legislation.