Laws of Zambia Active 2008Mines and Minerals Development
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Mines and Minerals Development [No. 7 of 2008 57
THE MINES AND MINERALS DEVELOPMENT
ACT, 2008
ARRANGEMENT OF SECTIONS
PARTI
PRELIMINARY
Section
1. Short title
2. Interpretation
3. Rights to minerals vested in President
PART II
MINING RIGHTS
4. Acquisition of mining rights
5. Prohibition of prospecting, mining, etc. without mining right or
mineral processing licence
6. Types of rights
7. Certain persons disqualified from holding rights
8. Restrictions on mining rights and mineral processing licence
9. Priority of applications for mining rights
10. Mining right for area subject to other rights
11. Survey of land
12. Bids
13. Preference for Zambian products, etc. PART III
LARGE-SCALE MINING OPERATIONS
Division I - Prospecting Licence
14. Application for prospecting licence
15. Consideration of application for prospecting licence
16. Grant of prospecting licence
17. Duration of prospecting licence
18. Rights conferred by prospecting licence
19. Obligations of holder of prospecting licence
20. Amendment of programme of prospecting operations
21. Transfer of prospecting licence
22. Restrictions on removal of minerals
23.
ospecting licence
20. Amendment of programme of prospecting operations
21. Transfer of prospecting licence
22. Restrictions on removal of minerals
23.
Discovery of minerals not included in prospecting licence
Copies of this Act can be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Price K26.000 each.
not included in prospecting licence
Copies of this Act can be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Price K26.000 each.
58 [No. 7 of 2008 Mines and Minerals Development
24. Renewal of prospecting licence
Division II - Large-Scale Mining Licence
25. Application for large-scale mining licence
26. Consideration of application for large-scale mining licence
27. Grant of large-scale mining licence
28. Duration of large-scale mining licence
29. Rights conferred by large scale mining licence
30. Obligations of holder of large-scale mining licence
31. Amendment of programme of mining operations
32. Transfer of large scale mining licence
33. Discovery of minerals not included in large-scale mining
licence
34. Suspension of production
35. Renewal of large-scale mining licence
36. Application for large-scale gemstone licence
37. Consideration of application for large-scale gemstone licence
38. Grant of large-scale gemstone licence
39. Duration of large-scale gemstone licence
40. Rights conferred by large-scale gemstone licence
41. Obligations of holder of large-scale gemstone licence
42. Amendment of programme of mining operations
43. Transfer of large-scale gemstone licence
44. Discovery of minerals not included in large-scale gemstone
licence
45. Suspension of production
46.
s
43. Transfer of large-scale gemstone licence
44. Discovery of minerals not included in large-scale gemstone
licence
45. Suspension of production
46.
Renewal of large-scale gemstone licence
47. Application for prospecting permit
48. Consideration of application for prospecting permit
49. Grant of prospecting permit
50. Duration of prospecting permit
51. Rights conferred by prospecting permit
52. Obligations of holder of prospecting permit
Division III - Large-Scale Gemstone Licence
PART IV
SMALL-SCALE MINING OPERATIONS
Division I - Prospecting Permit
ions of holder of prospecting permit
Division III - Large-Scale Gemstone Licence
PART IV
SMALL-SCALE MINING OPERATIONS
Division I - Prospecting Permit
Mines and Minerals Development [No. 7 of 2008 59
53. Restrictions on removal of minerals
Division II - Small-Scale Mining Licence
54. Application for small scale mining licence
55. Consideration of application for small-scale mining licence
56. Grant of small scale mining licence
57. Duration of small-scale mining licence
58. Rights conferred by small-scale mining licence
59. Obligations of holder of small scale mining licence
60. Renewal of small-scale mining licence
61. Transfer of small-scale mining licence
62. Requirement to convert small-scale mining licence to large-
scale mining licence
63. Termination of small-scale mining licence for insufficient
production
Division III - Small-Scale Gemstone Licence
64. Application for small-scale gemstone licence
65. Consideration of application for small-scale gemstone licence
66. Grant of small-scale gemstone licence
67. Duration of small-scale gemstone licence
68. Rights conferred by small-scale gemstone licence
69. Obligations of holder of small-scale gemstone licence
70. Renewal of small-scale gemstone licence
71. Transfer of small-scale gemstone licence
72.
69. Obligations of holder of small-scale gemstone licence
70. Renewal of small-scale gemstone licence
71. Transfer of small-scale gemstone licence
72.
Requirement to convert small-scale gemstone licence to large
scale gemstone licence
73. Termination of small-scale gemstone licence for insufficient
production
PART V
ARTISANAL MINING
74. Application for artisan's mining right
75. Grant of artisan's mining right
76. Duration of artisan's mining right
77. Renewal of artisan's mining right
78. Rights conferred by artisan's mining right
79. Suspension or cancellation of artisans mining right
ing right
77. Renewal of artisan's mining right
78. Rights conferred by artisan's mining right
79. Suspension or cancellation of artisans mining right
60 [No. 7 of 2008 Mines and Minerals Development
80. Right to building materials
81. Obligations of holder of artisan's mining right
PART VI
MINERAL PROCESSING LICENCE
82. Application for mineral processing licence
83. Consideration of application for mineral processing licence
84. Grant of mineral processing licence
85. Duration of mineral processing licence
86. Rights conferred by mineral processing licence
87. Obligations of holder of mineral processing licence
88. Amendment of programme of mineral processing
operations
89. Transfer of mineral processing licence
90. Renewal of mineral processing licence
91. Termination of mineral processing licence for insufficient
production
PART VII
GEMSTONE SALES CERTIFICATE
92. Prohibition of trading in gemstones without gemstone sales
certificate
93. Application for gemstone sales certificate
94. Grant of gemstone sales certificate
95. Obligations of holder of gemstone sales certificate
PART VIII
GENERAL PROVISIONS RELATING TO LICENCES AND PERMITS
96. Annual operating perm it
97. Holder to have office in Zambia
98. Alteration of prospecting area
99. Alteration of mining area
100. Mergers or co-ordination of mining operations
101.
lder to have office in Zambia
98. Alteration of prospecting area
99. Alteration of mining area
100. Mergers or co-ordination of mining operations
101.
Abandonment of land subject to licence or permit
102. Suspension or cancellation of mining right or non-mining
right
103. Transitional extension of mining right or non-mining right
pending certain applications
104. Transfer of control of company
105. Surrender of records on termination of mining right
106. Export, import, etc. of minerals
ertain applications
104. Transfer of control of company
105. Surrender of records on termination of mining right
106. Export, import, etc. of minerals
Mines and Minerals Development ' [No. 7 of 2008 61
107. Prohibition of acquisition, selling, etc. of radioactive
minerals
108. Application to export, sell, etc. radioactive minerals
109. Insurance and indemnities
110. Obstruction of holder of mining right
111. Production of information
112. Register
113. Inspection of Register
114. Power to close area to prospecting
PART IX
SAFETY, HEALTH AND ENVIRONMENTAL PROTECTION
115. Environment and human health to be considered when
granting mining rights or mineral processing licences
116. Conditions for protection of environment and human health
117. Direction to comply with conditions of mining right or
mineral processing licence
118. Rehabilitation by Director of Mines Safety at holder's
expense
119. Clearing away of mining plant or mineral processing plant
120. Sale of mining plant or mineral processing plant
121. Wasteful mining practices
122. Environmental Protection Fund
123. Liability and redress
PART X
GEOLOGICAL SERVICES AND MINERAL ANALYSIS
124. Responsibilities of Director of Geological Survey
125. Geological survey, mapping and prospecting on behalf of
Republic
126.
AND MINERAL ANALYSIS
124. Responsibilities of Director of Geological Survey
125. Geological survey, mapping and prospecting on behalf of
Republic
126.
Prohibition of operation of mineral analysis laboratory and
geological or mining consultancy firm without permit
PART XI
MINING RIGHTS AND SURFACE RIGHTS
127. Restrictions of rights of entry by holder of licence or permit
128. Rights under licence or permit to be exercised reasonably
129. Right to use and access water or graze stock
130. Acquisition of use of land by holder of licence or permit
131. Arbitration of disputes
132. Compensation for disturbance of rights, etc.
ze stock
130. Acquisition of use of land by holder of licence or permit
131. Arbitration of disputes
132. Compensation for disturbance of rights, etc.
62 [No. 7 of 2008 Mines and Minerals Development
PART XII
ROYALTIES AND CHARGES
133. Royalties on production of minerals
134. Due date for mineral royalty
135. Commissioner-General to be responsible for royalties
136. Mineral royalty sharing mechanism
137. Mineral royalty returns
138. Returns and assessments
139. Remission of royalties
140. Deferment of royalties
141. Provisional assessment of royalty
142. Prohibition of disposal of minerals
143. Annual charge in respect of licences
PART XIII
ADMINISTRATION
144. Director and other officers
145. Mining cadastre offices
146. Execution and delegation of powers and functions of Director and other
officers
147. Power of entry by Director
148. Obstruction of Director or authorised officer
149. Recovery of fees
150. Mining Advisory Committee
151. Disclosure of information
PART XIV
APPEALS
152. Appeals against decisions of Director
153. Appeals in relation to licences issued by Minister
154. Appeals in relation to insurance
155. Notification of decisions
PART XV
GENERAL PROVISIONS
156. General penalty
157. Miscellaneous offences
158. Offence committed by body corporate or un-incorporate body
159. Development agreements
160.
IONS
156. General penalty
157. Miscellaneous offences
158. Offence committed by body corporate or un-incorporate body
159. Development agreements
160.
Existing development agreements to cease to be binding on Republic
161. Regulations
162. Repeal of Cap. 213
FIRST SCHEDULE
SECOND SCHEDULE
Existing development agreements to cease to be binding on Republic
161. Regulations
162. Repeal of Cap. 213
FIRST SCHEDULE
SECOND SCHEDULE
Mines and Minerals Development [No. 7 of 2008 6 3
G O V E R N M E N T OF Z A M B I A
ACT
N o . 7 of 2008
Date of Assent: 27/03/08
An Act to revise the law relating to the prospecting for,
mining and processing of minerals; to repeal and replace
the Mines and Minerals Act, 1995; and to provide for
matters connected with or incidental to the foregoing. [4th April, 2008
ENACTED by the Parliament of Zambia. Enactment
PARTI
PRELIMINARY
1. (1) This Act may be cited as the Mines and Minerals Short title
Development Act, 2008. (2) This Act shall come into operation on 1st April, 2008. 2.
. (1) This Act may be cited as the Mines and Minerals Short title
Development Act, 2008. (2) This Act shall come into operation on 1st April, 2008. 2.
(1) In this Act, unless the context otherwise requires— Interpretation
"access agreement" means an agreement entered into between
the holder of a mining right and an owner or occupier of
land over which the right subsists, for the regulation of
prospecting, mining or other activities authorised by the
mining right to be carried on upon the land;
"artisan's mining right" means an artisan's mining right
granted under Part V of this Act;
"base metal" means a non-precious metalthat is either
common or more chemically active, or both common and
chemically active and includes iron, copper, nickel,
aluminium, lead, zinc, tin, magnesium, cobalt, manganese,
titanium, scandium, vanadium and chromium;
mically active and includes iron, copper, nickel,
aluminium, lead, zinc, tin, magnesium, cobalt, manganese,
titanium, scandium, vanadium and chromium;
64 [No. 7 of 2008 Mines and Minerals Development
"bird sanctuary" means an area declared as such under
section one hundred and forty four of the Zambia Wild
Act No. 12 of life Act, 1998;
1998
"cadastre unit" means a quadrilateral formed by the
intersection of meridians and parallels and with a distance
equal to six sexagesimal seconds, and that covers an
average planimetric surface of three point three four
zero zero_ hectares;
"Central Mining Cadastre Office" means the
office established under section one hundred and forty-
five;
"citizen -owned company" means a company
where at least fifty point one per cent of its equity is owned
by Zambian citizens and in which the Zambian citizens
have significant control of the management of the
company;
"Commissioner-General" means the Commissioner-
General appointed under the Zambia Revenue Authority
Cap.
ant control of the management of the
company;
"Commissioner-General" means the Commissioner-
General appointed under the Zambia Revenue Authority
Cap.
321 Act;
"Director" means the Director of Mines appointed under
section one hundred and forty-four;
" Director of Geological Survey" means the person
appointed as such under subsection (3) of section One
hundred and forty four;
"Director of Mines Safety" means the person appointed as
such under subsection (2) of section One hundred and
forty-four;
"energy minerals" means a naturally occurring substance in
the earth's crust used as a source of energy and includes
coal, uranium and any other minerals used to generate
energy but does not include petroleum;
"Environmental Council of Zambia" has the meaning assigned
to it in the Environmental Protection and Pollution Control
Cap. 204 Act;
"environmental impact study" has the meaning assigned to it
in the Environmental Protection and Pollution Control
(Environmental Impact Assessment) Regulations, 1997;
"Environment Management Plan" means a plan approved by
the Environmental Council of Zambia in accordance with
Cap. 204 the Environmental Protection and Pollution Control Act;
Plan" means a plan approved by
the Environmental Council of Zambia in accordance with
Cap. 204 the Environmental Protection and Pollution Control Act;
Mines and Minerals Development [No. 7 of 2008 65
"game management area" means an area of land declared as
such under section twenty-six of the Zambia Wild life
Act, 1998; Act No.
nt [No. 7 of 2008 65
"game management area" means an area of land declared as
such under section twenty-six of the Zambia Wild life
Act, 1998; Act No.
12 of
1998
"gemstone sales certificate" means a gemstone sales
certificate granted under Part VII of this Act;
"gemstones" means amethyst, aquamarine, beryl, corundum,
diamond, emerald, garnet, ruby, sapphire, topaz, tourmaline
and any other non metallic mineral substance, being a
substance used in the manufacture of jewellery, that the
Minister, by statutory instrument, declares to be a gemstone
for the purposes of this Act;
"holder" means the person in whose name a mining right is
registered under this Act;
"industrial minerals" means a rock or mineral other than
gemstones, base metals, energy minerals or precious metals
used either in their natural state or after physical or chemical
transformation and includes but is not limited to barites,
dolomite, feldspar, fluorspar, graphite, gypsum, ironstone
when used as a fluxing agent, kyanite, limestone, phyllite,
magnesite, mica, nitrate, phosphate, pyrophyllite, salt, sands,
clay, talc, laterite, gravel and any other minerals when so
used:
Provided that the Minister may, by statutory order,
classify any other mineral as an industrial mineral;
"large-scale gemstone licence" means a large-scale gemstone
licence granted under Part III of this Act to enable a person
prospect for and mine gemstones;
"large scale mining licence" means a large scale mining licence
granted under Part III of this Act;
"local forest" means an area declared as such under section
seventeen of the Forests Act; Cap.
cale mining licence
granted under Part III of this Act;
"local forest" means an area declared as such under section
seventeen of the Forests Act; Cap.
199
"local office" means an office of the Ministry established for
any area;
"mine" means any place, pit, shaft, drive, level
or other excavation, and any drift, gutter, lead, vein, lode,
reef, saltpan or working, in or on or by means of which any
operation connected with mining is carried on, together with
all the buildings, premises, erections and appliances,
whether above or below the ground, that are used in
connection with any such operation or for the extraction,
treatment or preparation of any mineral or for the purpose
of dressing mineral ores;
"mineral" means any substance, occuring naturally in or
on the earth or in or under water and which was formed
by or subjected to a geological process and includes
any mineral occuring in residue stockpiles or in residue
r in or under water and which was formed
by or subjected to a geological process and includes
any mineral occuring in residue stockpiles or in residue
66 [No.
66 [No.
7 of 2008 Mines and Minerals Development
desposit, but excludes—•
(a) water, other than water taken from the land or
any water body for the extraction for any mineral
from such water; and
(b) petroleum
"mineral processing"means the practice of beneficiating or
liberating valuable minerals from their ores which may
combine a number of unit operations such as crushing,
grinding, sizing, screening, classification, washing, froth
floatation, gravity concentration, electrostatic separation,
magnetic separation, leaching, smelting, refining, calcining
and gasification or any other processes incidental thereto;
"mineral process lincence" means a mineral processing licence
granted under part VI of this Act;
"mineral royalty" means a payment received as consideration
for the extraction of minerals;
"mining" means the extraction of material, whether solid, liquid
or gaseous, from land or from beneath the surface of the
earth in order to win minerals, or any operations directly or
indirectly necessary or incidental thereto;
"Mining Advisory Committee" means the Mining Advisory
Committee established by section one hundred and fifty;
"mining area" means an area of land subject to a licence or
permit under this Act;
"Mining Cadastre Office" means the central administrative
office established in Lusaka which is responsible for the
processing and administration of mining rights and non
mining rights;
"mining operations" means any operation carried out under a
mining right referred to in section six but does not include
an operation carried out under a prospecting permit,
prospecting licence or mineral processing licence;
"mining plant" means any building, plant, machinery,
equipment, tools or other property used for mining, whether
or not affixed to land, but does not include any timber or
other material used or applied in the construction or support
of any shaft, drive, gallery, terrace, race, dam or other work;
"mining right" means a right granted under subsection (1) of
section six;
"National Forest" means an area declared as such under
section eight of the Forests Act;
"National Park" means an area declared as such under section
Cap.
ional Forest" means an area declared as such under
section eight of the Forests Act;
"National Park" means an area declared as such under section
Cap.
199 ten of the Zambia Wildlife Act;
"non-mining right" means a mineral processing licence or
gemstone sales certificate granted under this Act;
"ore" means a natural aggregate of one or more valuable
minerals which may be mined or from which some parts
may be extracted;
"ore body" means a continous, well defined mass of ore;
Cap. 435 "petroleum" has the meaning assigned to it in the Petroleum
e parts
may be extracted;
"ore body" means a continous, well defined mass of ore;
Cap. 435 "petroleum" has the meaning assigned to it in the Petroleum
Mines and Minerals Development [No. 7 of 2008 67
(Exploration and Production) Act, but does not include coal
or oil shale;
"preliminary investigation rights" uieans rights granted by the
Director of Geological Survey under subsection (2) of
section five;
"person includes a partnership and a co-operative;
"prospect" means to search for any mineral by any means
and to carry out such works, and remove such samples, as
may be necessary to test the mineral bearing qualities of
any land;
"prospecting area" means an area of land subject to a cap. 435
prospecting licence or a prospecting permit;
"prospecting licence" means a prospecting licence granted
under Part III of this Act;
"prospecting operations" means operations carried out in the
course of prospecting;
"prospecting permit" means a prospecting permit granted
under Part IV of this Act;
"radioactive mineral" means a mineral which contains by
weight at least one twentieth of one per centum of uranium
or thorium or any combination thereof, and includes, but is
not limited to—
(a) monazite sand and other ores containing thorium;
and
(b) carnotite, pitchblende and other ores containing
uranium.
ncludes, but is
not limited to—
(a) monazite sand and other ores containing thorium;
and
(b) carnotite, pitchblende and other ores containing
uranium.
"regional mining cadastre offices" meansother mining cadastre
offices, established in other districts throughout the Republic
other than Lusaka, to enable the public lodge applications
for mining rights and non mining rights;
"Register" means the Register established and maintained
pursuant to section one hundred and twelve;
"royalty" means the royalty charged under this Act. "small-scale gemstone licence" means a small-scale gemstone
licence granted under Part IV of this Act; and
"small-scale mining licence" means a small scale mining
licence granted under Part IV of this Act. (2) A reference, in any provision of this Act, to an authorised
officer is a reference to a public officer or other person, designated
under section one hundred and forty-four, who is duly authorised
to exercise and perform the powers and functions conferred or
imposed by that provision on an authorised officer. (3) A reference in this Act to land subject to a mining right, is a
reference to an area of land in respect of which a mining right has
been granted and subsists. 3.
in this Act to land subject to a mining right, is a
reference to an area of land in respect of which a mining right has
been granted and subsists. 3.
(1) All rights of ownership in, searching for, mining and Rights to
disposing of, minerals wheresoever located in the Republic are v e g t e < j -m
hereby vested in the President on behalf of the Republic. President
to
disposing of, minerals wheresoever located in the Republic are v e g t e < j -m
hereby vested in the President on behalf of the Republic. President
68 [No. 7 of 2008 Mines and Minerals Development
(2) The provisions of this section have effect notwithstanding
any right, title or interest which any person may possess in or over
the soil in, on or under which minerals are found. Acquisition
ofmining
rights
Prohibition
of
prospecting,
mining, etc. without
mining right
or mineral
processing
licence
Types of
rights
PART II
M INING RIGHTS
4. Subject to the other provisions of this Act, rights of
prospecting for, mining and disposing of, minerals shall be acquired
and held under and in accordance with this Act. 5. (1) A person shall not prospect for minerals or carry on
mining operations or mineral processing operations except under
the authority of a mining right or mineral processing licence granted
under this Act.
mining operations or mineral processing operations except under
the authority of a mining right or mineral processing licence granted
under this Act.
(2) The Director of Geological Survey may, for a period not
exceeding ninety days, grant in writing, subject to such conditions,
including conditions relating to work and expenditure, as the Director
of Geological Survey may impose, the right to enter any area that is
not subject to a mining right, or undertake an aerial survey, for the
purpose of reconnaissance operations for the location of minerals
by geo-physical, geo-chemical and photo-geological survey or by
the study of surface geology. (3) A right granted by the Director of Geological Survey under
subsection (2) shall not confer on the holder exclusive rights over
the area to which it relates or any preference or priority in respect
of an application for a mining right over that area. (4) A person who contravenes subsection (1) commits an
offence and is liable upon conviction —
(a) in the case of an individual, to a fine not exceeding one
million penalty units or to imprisonment for a term not
exceeding ten years, or to both; or
(b) in the case of a body corporate or un-incorporate body,
to a fine of five million penalty units.
or a term not
exceeding ten years, or to both; or
(b) in the case of a body corporate or un-incorporate body,
to a fine of five million penalty units.
(1) The following mining rights may be granted under this6
Act:
(a) a prospecting licence;
(b) a large-scale mining licence;
(c) a large-scale gemstone licence;
(d) a prospecting permit;
be granted under this6
Act:
(a) a prospecting licence;
(b) a large-scale mining licence;
(c) a large-scale gemstone licence;
(d) a prospecting permit;
Mines and Minerals Development [No. 7 of 2008 69
(e) a small-scale mining licence;
(f)a small-scale gemstone licence; and
(g) an artisan's mining right. (2) The following non-mining rights may be granted under
this Act:
(a) a mineral processing licence; and
(b) a gemstone sales certificate. 7. (1) A mining right or non-mining right shall not be granted
to any person except in accordance with the provisions of this Act.
sales certificate. 7. (1) A mining right or non-mining right shall not be granted
to any person except in accordance with the provisions of this Act.
(2) A mining right or non-mining right shall not be granted to
or held by —
(a) an individual who—
(i) is under the age of eighteen years;
(ii) is or becomes an undischarged bankrupt, having been
adjudged or otherwise declared bankrupt under any
written law, or enters into any agreement or scheme
of composition with creditors, or takes advantage of
any legal process for the relief of bankrupt or
insolvent debtors; or
(iii) has been convicted, within the previous ten years, of
an offence involving fraud or dishonesty, or of any
offence under this Act or any other law within or
outside Zambia, and been sentenced therefor to
imprisonment without the option of a fine or to a fine
exceeding fifty thousand penalty units; or
(b) a company—
(i) which is in liquidation, other than liquidation which forms
part of a scheme for the reconstruction of the
company or for its amalgamation with another
company;
(ii) unless the company is incorporated under the Companies
Act. (iii) which has not established an office in Zambia; or
(iv) which has among its directors or shareholders any
person who would be disqualified under sub-
paragraphs (ii) or (iii) of paragraph (a).
mbia; or
(iv) which has among its directors or shareholders any
person who would be disqualified under sub-
paragraphs (ii) or (iii) of paragraph (a).
(3) A prospecting permit, small-scale mining licence, small-scale
gemstone licence and an artisan's mining right shall not be granted
to a person who is not a citizen of Zambia or a company which is
not a citizen-owned company. (4) A mining right for industrial minerals shall only be granted
to a citizen of Zambia and a citizen-owned company. (5) Any document or transaction purporting to grant a mining
Certain
persons
disqualified
from
holding
mining
rights
Cap. 388
a citizen-owned company. (5) Any document or transaction purporting to grant a mining
Certain
persons
disqualified
from
holding
mining
rights
Cap. 388
70 [No. 7 of 2008 Mines and Minerals Development
Restrictions
on mining
rights
and mineral
processing
licence
Priority of
applications
for mining
rights
Mining right
for area
subject to
other rights
Survey of
land
Bids
right to any person not entitled to hold the right shall be void and of
no effect. (6) For the purposes of this Act, "citizen of Zambia" means
(a) in relation to an individual, an individual who is a citizen of
Zambia; and
(b) in relation to a partnership, a partnership which is composed
exclusively of persons who are citizens of Zambia. 8. A mining right or mineral processing licence, and the rights
conferred by it, shall be subject to the provisions of this Act, the
conditions attached to it at the time it is granted and, to the extent
that the amendment of such conditions during the currency of the
mining right or mineral processing licence is permitted under this
Act, to the conditions as amended. 9. Subject to this Act, where more than one person apply for
a mining right over the same area of land, the Director of Geological
survey as the case may be shall dispose of the applications in the
order in which they are received. 10.
same area of land, the Director of Geological
survey as the case may be shall dispose of the applications in the
order in which they are received. 10.
(1) An applicant for a mining right over an area subject
to another mining right may apply for consent from the holder of
the mining right, which consent shall not be unreasonably withheld. (2) A holder of a mining right over an area in respect of which
an application is made under subsection (1) shall, within a period of
ninety days, consent to the application where—
(a) the minerals or metals applied for are different from
those indicated on holder's licence or permit;
(b) the geographical position of the minerals or metals
applied for is different from the holder's ore body
position indicated in the approved programmes of
operations;
(c) the geological position of the minerals or metals applied
for is different from the position of the holder's plant
and infrastructure indicated in the approved programme
of operations; or
(d) the mineral applied for is an industrial mineral and the
holder is not eligible under the Act.
dicated in the approved programme
of operations; or
(d) the mineral applied for is an industrial mineral and the
holder is not eligible under the Act.
(3) An applicant shall, where a holder of a mining right over
an area in respect of which the application is made withholds
consent, apply to the Mining Advisory Committee which shall
determine the matter taking into account the matters referred to
under paragraphs (a) to (d) of subsection (2). 11. The Director or the Director of Geological Survey as the
case may be, may before a mining right or mineral processing licence
is issued, require that the land over which the mining right or mineral
processing licence is to be issued be properly surveyed in
accordance with the provisions of this Act. 12. (1) Subject to the other provisions ofthis Act, the Minister
e is to be issued be properly surveyed in
accordance with the provisions of this Act. 12. (1) Subject to the other provisions ofthis Act, the Minister
Mines and Minerals Development [No. 7 of 2008 71
may, by notice in a newspaper of general circulation in the Republic,
issue invitations for bids for mining rights over identified areas or
mineral resources. (2) The notice referred to under subsection (1) shall include—
(a) a description of the areas for which the bids are to be
solicited;
0>) the procedures and rules relating to the submission of
the bids; and
(c) the period within which the bids shall be submitted. (3) The Minister shall, within five days of the expiry of the
period referred to under paragraph (c) of subsection (2), refer all
the bids submitted in accordance with this section to the Mining
Advisory Committee for evaluation. (4) The Mining Advisory Committee shall consider the
following in evaluating the bids:
(a) the investment and financial plan;
(b) the environmental management plan;
(c) in the case of a holder of a mining right, whether the
holder has been compliant with the provisions of this
Act and the terms and conditions of the right, as the
case may be; and
(d) any other matter relevant for purposes of this Act.
the provisions of this
Act and the terms and conditions of the right, as the
case may be; and
(d) any other matter relevant for purposes of this Act.
(5) The Mining Advisory Committee shall, where a bid
complies with the requirements of this Act, recommend to the
Minister that the bidder be granted a mining right in accordance
with the provisions of this Act. (6) The Minister shall grant a licence to the holder with the
best proposed programme and in so doing shall take into account
the recommendation of the Mining Advisory Committee. 13. (1) A holder of a mining right or a mineral processing
licence issued under this Act, shall, in the conduct of operations
under the mining right or mineral processing licence, and in the
purchase, construction and installation of facilities, give preference,
to the maximum extent possible to—
(a) materials and products made in Zambia; and
(b) service agencies located in Zambia and owned by
Zambian citizens or citizen owned companies. (2) A holder of a mining right or mineral processing licence
shall, in all phases of the operations, give preference in employment
to citizens of Zambia to the maximum extent possible.
mineral processing licence
shall, in all phases of the operations, give preference in employment
to citizens of Zambia to the maximum extent possible.
(3) A holder of a mining right or mineral processing licence
shall, in the mining operations, conduct training programmes, in
consultation with the Minister, for the benefit of employees to enable
the employees qualify for advancement. Preference
for
-Zambian
products, etc
in
consultation with the Minister, for the benefit of employees to enable
the employees qualify for advancement. Preference
for
-Zambian
products, etc
72 [No. 7 of 2008 Mines and Minerals Development
PART III
LARGE SCALE MINING OPERATIONS
Division I - Prospecting Licence
Application
for
prospecting
licence
Cap. 323
Consideration
of
application
for
prospecting
licence
14. (1) An application for a prospecting licence shall be made
to the Director of Geological Survey in the prescribed form upon
payment of the prescribed fee.
An application for a prospecting licence shall be made
to the Director of Geological Survey in the prescribed form upon
payment of the prescribed fee.
(2) An application made under subsection (1) shall
include—
(a) a full description, with geographical coordinates, of the
area of land over which the licence is sought, but not
exceeding twenty-nine thousand, nine hundred and forty
cadastre units, and represented by complete and not
partial cadastre units;
(b) a statement of the minerals to be searched for;
(c) an environmental management plan including the
applicant's proposals for the prevention of pollution, the
treatment of waste, the protection and reclamation of
land and water resources, and for eliminating or
minimising the adverse effects on the environment of
prospecting operations;
(d) the proposed prospecting operations and an indication
of the investment commitment in the proposed
prospecting operations;
(e) the applicant's proposals with respect to the employment
and training of citizens of Zambia;
(f) the applicant's proposals for the promotion of local
business development;
(g) a tax clearance certificate issued under the Income Tax
Act; and
(h) such further information as may be prescribed by the
Minister by statutory instrument.
clearance certificate issued under the Income Tax
Act; and
(h) such further information as may be prescribed by the
Minister by statutory instrument.
(3) A person, and in the case of a company or its subsidiaries,
shall not hold a number of licences whose accumulated total area
is more than one hundred and forty-nine thousand, seven hundred
cadastre units. 15. (1) The Director of Geological Survey shall, in considering
an application made under section fourteen, take the following
into account:
(a) that the applicant has, or has secured access to, adequate
financial r e s o u r c e s , t e c h n i c a l c o m p e t e n c e and
experience to carry on effective prospecting operations;
(b) that the proposed programme of prospecting operations
is a d e q u a t e and makes proper p r o v i s i o n for
environmental protection;
rations;
(b) that the proposed programme of prospecting operations
is a d e q u a t e and makes proper p r o v i s i o n for
environmental protection;
Mines and Minerals Development [No. 7 of 2008 73
(c) if the land is within the National Park, game management
area, National Forest or local forest or is a bird sanctuary
or land to which subsection (1) of section one hundred
and twenty seven applies, the applicant has obtain the
necessary written consent;
(d) that the proposed prospecting area is not the same as,
nor does it overlap an existing prospecting area, mining
area or permit area; and
(e) if the applicant is a holder, the applicant has not
contravened any condition of the licence or permit as
the case may be, or any provision of this Act. (2) The Director of Geological Survey may cause such
investigations to be made or such consultations to be carried on as
the Director Geological Survey may consider necessary to assess
whether or not the criteria in subsection (1) has been met.
ations to be carried on as
the Director Geological Survey may consider necessary to assess
whether or not the criteria in subsection (1) has been met.
(3) The Director of Geological of Survey shall not grant a
licence to an applicant where—
(a) the applicant is disqualified from holding a prospecting
licence under section seven;
(b) the applicant is the holder of another mining right and is
in breach of any condition of that right or any provision
of this Act;
(c) the area of land for which the applicant has made the
application, or a part of it, is subject to—
(i) another mining right and the holder thereof has
not consented to the exercise of the right in
respect of which the application is made; or
(ii) extends to or is included in, an area in respect of
which the Director of Geological Survey has
granted preliminary investigation rights on
conditions which impose work or expenditure
obligations, unless the applicant is the holder of
that right; or
(d) the area of land for which the application is made covers
or includes an area of land for which an application has
been made by another person who has priority over the
applicant. (4) The Director of Geological Survey shall, where the Director
of Geological Survey rejects an application under subsection (3),
inform the applicant of the rejection and give the reasons therefor.
re the Director
of Geological Survey rejects an application under subsection (3),
inform the applicant of the rejection and give the reasons therefor.
(5) Where an application is made for a prospecting licence in
respect of an area over which a previous prospecting licence has
been held for seven years, a new prospecting licence shall not be
granted before a period of two months has elapsed since the expiry
of the previous licence. 16. (1) The Director of Geological Survey shall, within sixty
days of receipt of an application under section fourteen, grant a
prospecting licence to the applicant, where the application meets
the requirements of this Act. Grant of
prospecting
licence
section fourteen, grant a
prospecting licence to the applicant, where the application meets
the requirements of this Act. Grant of
prospecting
licence
74 [No. 7 of 2008 Mines and Minerals Development
Duration of
prospecting
licence
Rights
conferred
by
prospectiri
licence
Obligations
of
holder of
prospecting
licence
(2) A prospecting licence shall—
(a) state the date on which the licence shall commence the
prospecting operation and the conditions on which it is
granted;
(^specify the minerals in respect of which it is granted; and
(c) include a description and plan of the prospecting area. (3) There shall be attached to a prospecting licence the
programme of prospecting operations as approved by the Director
of Geological Survey, which shall form part of the conditions of the
licence. (4) In determining the date for the commencement of a
licence, the Director of Geological Survey shall take account of
any period not exceeding six months from the date of the grant
which is required by the applicant to make any necessary
preparations for prospecting operations. 17. (1) Subject to the other provisions of this Act, a prospecting
licence shall be valid for a period of two years. (2) A prospecting licence may, on its expiry, be renewed for a
further two year period but the total maximum period shall not
exceed seven years. 18.
(2) A prospecting licence may, on its expiry, be renewed for a
further two year period but the total maximum period shall not
exceed seven years. 18.
Subject to the conditions of the licence, a prospecting
licence confers on the holder of the licence exclusive rights to
carry on prospecting operations in the prospecting area for the
minerals specified in the licence, other than gemstones, and to
do all such other acts and things as are necessary for or
reasonably incidental to the carrying on of those operations. 19.
her than gemstones, and to
do all such other acts and things as are necessary for or
reasonably incidental to the carrying on of those operations. 19.
(1) A holder of a prospecting licence shall —
(a) commence prospecting operations within ninety days, or
such further period as the Director of Geological Survey
may allow, from the date of the grant of the licence;
(b) give notice to the Director of Geological Survey of
the discovery of any mineral deposit of possible
commercial value within thirty days of the discovery;
(c) expend on prospecting operations not less than the
amount prescribed or required by the terms and
conditions of the prospecting licence to be so expended;
(d) carry on prospecting operations in accordance with the
programme of prospecting operations;
(e) notify the Director of Geological Survey of the discovery
of the mineral to which the prospecting licence relates
within a period of thirty days of such discovery;
(f) backfill or otherwise make safe any excavation made
during the course of the prospecting operations, as the
Director Geological of Survey may specify;
backfill or otherwise make safe any excavation made
during the course of the prospecting operations, as the
Director Geological of Survey may specify;
Mines and Minerals Development [ No.
Mines and Minerals Development [ No.
7 of 2008 75
(g) permanently preserve or otherwise make safe any
borehole in the manner directed by the Director of
Geological Survey and surrender to Government, without
compensation, the drill cores, other mineral samples and
the boreholes and any water rights in respect therefor
on termination;
(h) unless the Director of Geological Survey otherwise
stipulates, remove, within sixty days of the expiry or
termination of the prospecting licence, any camp,
temporary buildings or machinery erected or installed
and repair or otherwise make good any damage to
the surface of the ground occasioned by the removal,
in the manner specified by the Director of Geological
Survey;
(i) keep and preserve such records as the Minister may
prescribe, relating to the protection of the environment;
(j) subject to the conditions of the prospecting licence and
the approval of the Director of Geological Survey,
expend on prospecting, in accordance with the
prospecting programme, not less than the amount
specified in the prospecting licence; and
(k) submit to the Director of Geological Survey, at least
quarterly, reports containing the information required
under the licence and the Act.
e; and
(k) submit to the Director of Geological Survey, at least
quarterly, reports containing the information required
under the licence and the Act.
(2) A holder of a prospecting licence shall keep full and accurate
records at the holder's office, of the prospecting operations which
shall indicate—
(a) the boreholes drilled;
(b) the strata penetrated, with detailed logs of such strata;
(c) the minerals discovered;
(d) the results of any seismic survey or geo-chemical, geo-
physical and remote sensing data analysis;
(e) the result of any analysis or identification of minerals
removed under section twenty-two;
(f) the geological interpretation of the records maintained
under paragraphs (a) to (e) inclusive;
(g) the number of persons employed;
(h) any other prospecting work;
(i) the costs incurred; and
(j) such other matters as may be prescribed by the Minister
by statutory instrument;
and shall furnish, at least once in every three months, digital and
hard copies of the records to the Director, Director of Geological
Survey and Director of Mines Safety.
least once in every three months, digital and
hard copies of the records to the Director, Director of Geological
Survey and Director of Mines Safety.
76 [No. 7 of 2008 Mines and Minerals Development
Amendment
of
programme
of
prospecting
operations
Transfer of
prospecting
licence
(3) A person who—
(a) fails to keep any record or information required to be
kept under subsection (2);
(b) fails to supply any record or mineral samples to the
Director, Director of Geological Survey and Director of
Mines Safety in accordance with subsection (2); or
(c) supplies any false or misleading record or information;
commits an offence and is liable, upon conviction, to
a fine not exceeding two hundred thousand penalty units
or to imprisonment for a period not exceeding two years,
or to both. 20. (1) A holder of a prospecting licence shall apply to the
Director of Geological Survey where the holder intends to make
any amendments to the programme of prospecting operations in
the prescribed manner and form.
tor of Geological Survey where the holder intends to make
any amendments to the programme of prospecting operations in
the prescribed manner and form.
(2) The Director of Geological Survey may, where the holder
intends to make any amendment of programme of prospecting
operations and the Director receives an application under subsection
( 1 ) -
(a) approve the proposed amendments with or without any
modifications and on such terms and conditions as the
Director of Geological Survey may determine; or
(b) reject the proposed amendments and give the applicant
the reasons therefor. 21. (1) Subjectto subsections (2) and (3), a prospecting licence
or any interest therein or any controlling interest in the holder thereof
may be transferred to any other person. (2) A holder of a prospecting licence who intends to transfer
the prospecting licence or any interest therein shall notify the Minister
not less than thirty days before the intended transfer. (3) A holder of a prospecting licence shall, in the notification
referred to'under subsection (2), give to the Minister such details
of the transferee as would be required in the case of an application
for a prospecting licence under section fourteen.
ve to the Minister such details
of the transferee as would be required in the case of an application
for a prospecting licence under section fourteen.
(4) Where the Minister is satisfied that the transferee is not
disqualified under any provision of this Act from holding a
prospecting licence, the Minister shall approve the transfer of the
prospecting licence or an interest therein and notify the applicant
accordingly. (5) Upon the transfer of a prospecting licence, the transferee
shall assume and be responsible for all the rights, liabilities and
duties of the transferor under the prospecting licence for the
unexpired period of the licence.
and be responsible for all the rights, liabilities and
duties of the transferor under the prospecting licence for the
unexpired period of the licence.
Mines and Minerals Development [No. 7 of 2008 77
(6) Any transaction purporting to transfer a prospecting licence
in contravention of this section is void. 22. (1) Except for the purpose of having the mineral analysed
or conducting tests on the mineral, a holder of a prospecting licence
shall not remove any mineral from the prospecting area without
the written permission of the Director of Geological Survey and
shall, when so removing any mineral, comply with such conditions
as the Director of Geological Survey may specify in the written
permission. (2) The Minister may, by statutory instrument, determine the
quantities of mineral samples to be removed from a prospecting
area for the purpose of mineral analysis or conducting tests on the
mineral. 2 3 . (1) A holder of a prospecting licence shall, where the
holder in the course of exercising any rights under a prospecting
licence, discovers any mineral not included in the prospecting licence
apply to the Director of Geological Survey for an amendment of
the prospecting licence to include the discovered mineral.
d in the prospecting licence
apply to the Director of Geological Survey for an amendment of
the prospecting licence to include the discovered mineral.
(2) An application for the amendment of a prospecting licence
under subsection (1) shall-
(a) specify the mineral discovered;
(b) give particulars of the situation and circumstances of
the discovery; and
(c) have appended thereto a proposed programme of
prospecting operations in connection therewith. (3) The Director of Geological Survey shall, subject to
subsection (4) and where the applicant is not in default, permit the
amendment of a prospecting licence to include the discovered
mineral. (4) A holder of a prospecting licence shall, where the mineral
discovered under subsection (1) is a gemstone, apply for a large-
scale gemstone licence in accordance with section thirty-six of
this Act. (5) A holder of an prospecting licence shall, where the holder
discovers petroleum, report to the Minister within twenty-four hours
of making the discovery. 24. (1) A holder of a prospecting licence may, not later than
three months before the expiry of the prospecting licence, apply to
the Director of Geological Survey for the renewal of the licence in
the prescribed manner and form upon payment of the prescribed
fee.
cence, apply to
the Director of Geological Survey for the renewal of the licence in
the prescribed manner and form upon payment of the prescribed
fee.
(2) The Director of Geological Survey shall renew a
prospecting licence for such period, not exceeding two years where
the holder of the licence
(a) is not in breach of any condition of the licence or any
provision of this Act;
(b) undertakes to carry out during the renewal period an
adequate programme of prospecting operations; and
Restrictions
on removal
of minerals
Discovery of
minerals not
included in
prospecting
licence
Renewal of
prospecting
licence
ospecting operations; and
Restrictions
on removal
of minerals
Discovery of
minerals not
included in
prospecting
licence
Renewal of
prospecting
licence
78 [No. 7 of 2008 Mines and Minerals Development
Application
for large
scale
mining
licence
(c) relinquishes at least fifty per centum of the initial
prospecting area on the first renewal and at least fifty
per centum of the balance on the second renewal. (3) The Director of Geological Survey may, where the Director
of Geological Survey considers it necessary for the completion of
a feasibility study commenced by a holder of a prospecting licence
into the prospects for recovery of any mineral deposit and its
commercial significance, renew the prospecting licence for a further
period but not exceeding one year. Division II - Large-Scale Mining Licence
25. (1) A holder of a prospecting licence may apply for a
large-scale mining licence for the mining of minerals within the
prospecting area. (2) An application for a large-scale mining licence shall be
made to the Director in the prescribed manner and form upon
payment of the prescribed fee.
2) An application for a large-scale mining licence shall be
made to the Director in the prescribed manner and form upon
payment of the prescribed fee.
(3) An application for a large-scale mining licence shall
include—
a statement of the period for which the licence is sought;
a statement of the minerals to be mined under the licence;
a comprehensive statement of the mineral deposits in
the area over which the licence is sought, including details
of all known minerals proved, estimated or inferred, ore
reserves and mining conditions;
the proposed programme for mining operations,
including a forecast of capital investment, the estimated
recovery rate of ore and mineral products, and the
proposed treatment and disposal of ore and minerals
recovered;
the applicant's environmental management plan,
including the proposals for the prevention of pollution,
the treatment of waste, the protection and reclamation
of land and water resources, and for eliminating or
minimising the adverse effects on the environment of
mining operations;
details of expected infrastructure requirements;
the applicant's proposals with respect to the employment
and training of citizens of Zambia;
the applicant's proposals for the promotion of local
business development outlining how the applicant intends
to promote —
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
applicant's proposals for the promotion of local
business development outlining how the applicant intends
to promote —
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Mines and Minerals Development [No. 7 of 2008 79
(i) the participation of Zambian entrepreneurs in
procurement and supply business opportunities
with the applicant;
(ii) the setting up by Zambian entrepreneurs of
import substitution, and repair and maintenance
businesses locally;
(iii) partnership between the Zambian entrepreneurs
and foreign suppliers and contractors; and
(iv) skills development to enable the Zambian
entrepreneurs attain quality standards in contract
works and supply;
(i) a full description, with geographical coordinates, of the
area of land for which the large-scale mining licence is
sought, but not exceeding seven thousand, four hundred
and eighty-five cadastre units and represented by
complete and not partial cadastre units;
(j) a tax clearance certificate issued under the Income Tax Cap. 323
Act;
(k) a plan of the proposed mining area prepared in such
manner and snowing such particulars as the Director
may require; and
(I) such further information as the Director of Geological
Survey may require for the disposal of the application.
rs as the Director
may require; and
(I) such further information as the Director of Geological
Survey may require for the disposal of the application.
(4) Where an application for a large-scale mining licence is in
respect of radioactive minerals, the application shall contain the
following additional information:
(a) a plan and description of the mine, processing facilities
and disposal sites;
(b) a copy of the relevant licence issued under the Ionising Act No. 15
Radiation Protection Act; of 2005
(c) a programme to educate persons living in the vicinity of
the mine or processing facilities of the general nature
and characteristics of anticipated effects on the
environment, health and safety of persons;
(d) programmes to assist authorities outside the mining area
in planning and preparing to limit the adverse effects of
an accidental release of radioactive substances;
(e) the proposed programme for selecting, using and
maintaining personal protective equipment;
(f) the proposed training programme for workers in relation
to radiation safety;
(g) the proposed ventilation and dust control methods and
associated equipment;
oposed training programme for workers in relation
to radiation safety;
(g) the proposed ventilation and dust control methods and
associated equipment;
80 [No. 7 of 2008 Mines and Minerals Development
(h) in relation to security, the proposed measures during
storage and transportation of any radioactive mineral
products and measures to alert the holder to acts of
sabotage at the mine or processing facility;
(i) the storage, transportation and marketing arrangements;
and
(j) other requirements that the Director may, by statutory
instrument, specify. (5) An applicant shall commission and produce to the Director
an environmental impact study on the proposed mining operations
approved by the Environmental Council of Zambia. Consideration 26.
uce to the Director
an environmental impact study on the proposed mining operations
approved by the Environmental Council of Zambia. Consideration 26.
(1) The Director shall, in considering an application under
o f
section twenty-five, take the following into account:
foMarge°n
^ whether or not there are sufficient deposits or reserves
scale mining of minerals to justify their commercial exploitation;
licence (b) that the area of land over which the licence is sought is
not in excess of the area reasonably required to carry
out the applicant's proposed programme for mining
operations;
(c) taking into account the recognised standards of good
mining practice, the applicant's proposed programme
for mining operations would ensure the efficient and
beneficial use of the mineral resources of the area over
which the licence is sought;
(d) that the applicant's environmental management plan
conforms to specifications and practices established by
national standards for the m a n a g e m e n t of the
environment as it is affected by mining operations;
(e) whether the applicant has, or has secured access to,
adequate financial resources, technical competence and
experience to carry out effective mining operations;
(f) if the land is within a national Park, game management
area, national forest or local forest, or is a bird sanctuary
or land to which subsection (1) of section one hundred
and twenty-seven applies, the applicant has obtained
the necessary consent;
(g) taking account of the size and nature of the proposed
mining operations, the applicant's proposals for the
employment and training of citizens of Zambia are
adequate; and
(h) the applicant is not in breach of any condition of the
prospecting licence or any provision of this Act.
g of citizens of Zambia are
adequate; and
(h) the applicant is not in breach of any condition of the
prospecting licence or any provision of this Act.
(2) The Director may cause an investigation to be made or
consultations to be carried out as the Director may consider
necessary to enable the Director to assess whether or not the
requirements of this section are met.
ons to be carried out as the Director may consider
necessary to enable the Director to assess whether or not the
requirements of this section are met.
Mines and Minerals Development [No. 7 of 2008 81
(3) The Director shall, where an application does not meet
the requirements of this Act, reject the application and give the
applicant the reasons therefor. 27. (1) Subject to the other provisions of this Act, the Director
shall, within sixty days of the receipt of an application under section
twenty-five, where the application meets the requirements of this
Act, grant a large-scale mining licence in respect of such part of
the prospecting area, on such terms and conditions as the Director
may determine. (2) A large-scale mining licence shall —
(a) state the date of the grant of the licence, the period for
which it is granted and the conditions on which it is
granted; and
(b) include a description and plan of the area of land over
which it is granted.
or
which it is granted and the conditions on which it is
granted; and
(b) include a description and plan of the area of land over
which it is granted.
(3) There shall be attached to a large scale mining licence
(a) the programme of mining operations as approved by
the Director;
(b) the applicant's environmental management plan;
(c) the applicant's proposals for the employment and training
of citizens of Zambia;
(d) the applicant's proposals for the promotion of local
business development; and
(e) the applicant's capital investment forecast; which shall
form part of the conditions of the licence. 28. A large-scale mining licence shall, unless revoked earlier,
be granted for a period not exceeding twenty five years. Grant of
large-scale
mining
licence
Duration of
large-scale
mining
29. (1) Subject to the conditions of the licence, a large-scale
mining licence confers on the holder exclusive rights to carry on
mining and prospecting operations in the mining area, except
gemstones, and to do all such other acts and things as are necessary
for or reasonably incidental to the carrying on of those operations.
area, except
gemstones, and to do all such other acts and things as are necessary
for or reasonably incidental to the carrying on of those operations.
Rights
conferred
by large-
scale
mining
licence
(2) Without limiting the generality of subsection (1), a holder of
a large-scale mining licence may—
(a) enter on to the mining area and take all reasonable
measures on or under the surface for the purpose of
mining operations;
ale mining licence may—
(a) enter on to the mining area and take all reasonable
measures on or under the surface for the purpose of
mining operations;
82 [No. 7 of 2008 Mines and Minerals Development
(b) erect the necessary equipment, plant and buildings for
the purposes of mining, transporting, dressing or treating
the mineral recovered in the course of mining operations;
(c) dispose of any mineral product recovered;
(d) prospect within the mining area for any mineral except
gemstones; and
(e) stack or dump any mineral or waste products in
accordance with the envoironmental management plan. Obligations
of holder of
large-scale
mining
licence
30.
k or dump any mineral or waste products in
accordance with the envoironmental management plan. Obligations
of holder of
large-scale
mining
licence
30.
(1) A holder of a large-scale mining licence shall—
(a) develop the mining area, and carry on mining
operations, with due diligence and in compliance with
the p r o g r a m m e of mining o p e r a t i o n s and the
environmental management plan;
(b) take all reasonable measures on or under the surface to
mine the mineral to which the licence relates;
(c) implement the local business development proposals
attached to the licence;
(d) employ and train citizens of Zambia in accordance with
the proposal as attached to the licence;
(e) comply with the proposed forecast of capital investment
as attached to the licence; and
(f) demarcate the mining area, and keep it demarcated in
the prescribed manner.
roposed forecast of capital investment
as attached to the licence; and
(f) demarcate the mining area, and keep it demarcated in
the prescribed manner.
(2) A holder of a mining licence shall —
(a) maintain at the holder's office—
(i) complete and accurate technical records of the
operations in the mining area;
(ii) copies of all maps and geological reports, including
interpretations, mineral analyses, aerial photographs,
core logs, analyses and test results obtained and
compiled by the holder in respect of the mining area;
(iii) drill cores in respect of the mining area;
(iv) accurate financial records of the operations in the
mining area and such other books of account and
financial records as the Director may require; and
(v) where the holder is engaged in any other activity not
connected with the operations under the mining
licence, separate books of account from the operations
under the licence;
ged in any other activity not
connected with the operations under the mining
licence, separate books of account from the operations
under the licence;
Mines and Minerals Development [No. 7 of 2008 83
(b) permit an authorised officer at any time to inspect the
books and records maintained in pursuance of paragraph
(a) and deliver to the Director, without charge, copies
of any part of the books and records as the Director
may require;
(c) keep and preserve, as the Minister may prescribe,
records in relation to the protection of the environment;
(d) submit to the Director such reports, records and other
information as the Director may require concerning the
conduct of the operations in the mining area; and
(e) furnish the Director with a copy of the annual audited
financial statements within three months of the end of
each financial year showing the profit or loss for the
year and the state of the financial affairs of the holder
at the end of each financial year.
of
each financial year showing the profit or loss for the
year and the state of the financial affairs of the holder
at the end of each financial year.
(3) A person who—
(a) fails to keep any record or information required to be
kept under subsection (2);
(b) fails to supply any record to the Director in accordance
with subsection (2); or
(c) supplies any false or misleading record or information;
commits an offence and is liable, upon conviction, to a fine not
exceeding two hundred thousand penalty units or to imprisonment
for a period not exceeding two years, or to both. 3 1 . (1) A holder of a large-scale mining licence shall apply to
the Director where the holder intends to make any amendments
to the programme of mining operations, in the prescribed manner
and form. (2) The Director may, where the Director receives an
appl ication under subsection (1) —
(a) approve the proposed amendments with or without any
modifications and on such terms and conditions as the
Director may determine; or
(b) reject the proposed amendments and give the applicant
the reasons therefor. 32.
and on such terms and conditions as the
Director may determine; or
(b) reject the proposed amendments and give the applicant
the reasons therefor. 32.
(1) A large-scale mining licence or any interest therein
shall not be transferred, assigned, encumbered or dealt with in any
other manner without the approval of the Director
(2) A holder of a large-scale mining licence who intends to
transfer, assign, encumber or deal in any manner with the licence
Amendmeni
of programme
of mining
operations
Transfer of
large-scale
mining
licence
o
transfer, assign, encumber or deal in any manner with the licence
Amendmeni
of programme
of mining
operations
Transfer of
large-scale
mining
licence
84 [ No. 7 of 2008 Mines and Minerals Development
Discovery of
minerals not
included in
large-scale
mining
licence
shall apply to the Minister giving such particulars concerning the
proposed transferee, assignee, or other party concerned as would
be required in an application for a large-scale mining licence. (3) The Minister shall, where an application made under
subsection (2) meets the requirements of this Act and the transferee
is not disqualified under any provision of this Act from holding a
large-scale mining licence, grant approval to the transfer,
assignment, encumbrance or other dealing with the large-scale
mining licence or interest therein. (4) A right or interest transferred under this section is only for
the unexpired period of the licence. (5) Any transaction purporting to transfer a large-scale mining
licence in contravention of this section is void. (6) For the purposes of this section, "interest" in a large-scale
mining licence means in the case of a holder who is a private
company, a controlling interest in such holder. 3 3 .
ction, "interest" in a large-scale
mining licence means in the case of a holder who is a private
company, a controlling interest in such holder. 3 3 .
(1) Subject to subsection (5), a holder of a large-scale
mining licence shall, where in the course of exercising the rights
under the licence, discovers any deposits of any mineral for which
the holder of the large-scale mining licence is not licensed or any
mineral not included in the large-scale mining licence, within thirty
days after such discovery, notify the Director thereof, giving
particulars of the mineral discovered and the site and circumstances
of the discovery. (2) A holder of a large-scale mining licence shall apply to the
Director to have the mining of any deposit or mineral discovered
included in the holder's large-scale mining licence, giving in the
application, a proposed programme of mining operations in respect
of that mineral. (3) The Director shall, where the proposed programme of
mining operations submitted under subsection (2) complies with
the requirements of this Act, approve the application and amend
the large-scale mining licence accordingly. (4) The Director shall not reject an application under subsection
(3) unless the Director gives the applicant an opportunity to amend
the programme in such manner as the Director may determine.
ation under subsection
(3) unless the Director gives the applicant an opportunity to amend
the programme in such manner as the Director may determine.
(5) A holder of a large-scale mining licence shall, where the
mineral discovered under subsection (1) is a gemstone, apply for a
large-scale gemstone licence in accordance with section thirty-
six. (6) A holder of a large-scale mining lincence shall, where the
holder discovers petroleum, report to the Director within twenty-
four hours of making the discovery.
f a large-scale mining lincence shall, where the
holder discovers petroleum, report to the Director within twenty-
four hours of making the discovery.
Mines and Minerals Development [No. 7 of 2008 85
34. (1) Subject to the other provisions of this section, a holder
of a large-scale mining licence may suspend or curtail production
for any of the following reasons:
(a) an unsafe working environment;
(b) uncontrolled pollution of the area resulting from the
mining operations;
(c) any force majeure; or
(d) any labour disputes that disrupt the mining operations;
and shall give notice of the suspension of production from the mine
to the Director and give reasons for the suspension. (2) A holder of a large scale mining licence shall give notice to
the Director:
(a) at least ninety days in advance, where the holder without
abandonment of the licence and for reasons other than
those specified in paragraphs (a) to (d) of subsection
(1), proposes to suspend production from the mine; and
(b) at least thirty days in advance, where the holder proposes
to curtail the production;
and shall, in either case, give reasons for the suspension or
curtailment.
hirty days in advance, where the holder proposes
to curtail the production;
and shall, in either case, give reasons for the suspension or
curtailment.
(3) The Director shall, where the Director receives notice
under subsection (1), or becomes aware of any suspension or
curtailment of production, cause the matter to be investigated and
may —
(a) approve, on such terms and conditions as the Director
may determine, including provision for the extension of
any licence, the suspension or curtailment of production;
or
(b) direct the holder to resume full production at the mine
within such period as the Director may specify. (4) In paragraph (c) of subsection (1), "force majeure" means
an event which is beyond the reasonable control of a holder and
which makes the mining operations under the licence impossible
or impractical under the circumstances. 35. (1) A holder of a large-scale mining licence may, at any
time not later than one year before the expiry of the licence, apply
to the Director for the renewal of the licence in respect of all or
any part of the mining area. (2) An application for renewal shall be made to the Director in
the prescribed manner and form upon payment of the prescribed fee. Suspension
ofproduction
Renewal of
large-scale
mining
licence
de to the Director in
the prescribed manner and form upon payment of the prescribed fee. Suspension
ofproduction
Renewal of
large-scale
mining
licence
86 [No. 7 of 2008 Mines and Minerals Development
(3) An application made under subsection (2) shall include —
(a) a statement of the period, not exceeding twenty five
years, for which the renewal is sought;
(b) details of—
(i) the latest proved, estimated and inferred ore
reserves;
(ii) the capital investment to be made in, and
production costs and revenue forecasts in
respect of, the period of renewal;
(iii) any expected changes in methods of mining and
treatment; and
(iv) any expected increase or reduction in mining
activities and the estimated life of the mine;
(c) a proposed programme of mining operations for the period
of renewal; and
(d) where the renewal is sought in respect of part only of
the mining area, a plan identifying that part. (4) Subject to subsection (6), the Director shall, where an
application for renewal of a large-scale mining licence meets the
requirements of this Act, renew the large scale mining licence for
a period not exceeding twenty five years. (5) The Director may renew a large-scale mining licence with
or without a variation of the conditions of the licence.
not exceeding twenty five years. (5) The Director may renew a large-scale mining licence with
or without a variation of the conditions of the licence.
(6) The Director shall reject an application for renewal of a
large-scale mining licence where—
(a) the development of the mining area has not proceeded
with reasonable diligence;
(b) minerals in workable quantities do not remain to be
produced;
(c) the programme of the intended mining operations will
not ensure the proper conservation and use in the national
interest of the mineral resources in the mining area; or
(d) the applicant is in breach of any condition of the licence
or any provision of this Act. (7) The Director shall not reject an application on any ground
referred to in —
(a) paragraph (a) of subsection (6), unless the Director has
given the applicant the details of the default and the
applicant has failed to remedy the default within three
months of the notification;
irector has
given the applicant the details of the default and the
applicant has failed to remedy the default within three
months of the notification;
Mines and Minerals Development [No. 7 of 200S 87
(b) paragraph (b) of subsection (6), unless the Director
has given the applicant an opportunity to make written
representations thereon to the Director; or
(c) paragraph (c) of subsection (6), unless the Director
has notified the applicant and the applicant has failed
to propose amendments to the proposed programme
of mining operations within three months of the
notification. (8) Subject to the other provisions of this Act, the period of
renewal of a large-scale mining licence shall be such period, not
exceeding twenty-five years, as is reasonably required to carry
out the mining programme. (9) The Director shall, on the renewal of a large-scale mining
licence, attach to the licence the approved program of mining
operations to be carried out in the period of renewal. Division III -Large-Scale Gemstone Licence
3 6 . (1) A person may apply for a large-scale gemstone
licence for the prospecting and mining of gemstones. (2) An application for a large scale gemstone licence shall
be made to the Director in the prescribed manner and form upon
payment of the prescribed fee.
An application for a large scale gemstone licence shall
be made to the Director in the prescribed manner and form upon
payment of the prescribed fee.
(3) An application for a large scale gemstone licence shall
include—
(a) a statement of the period for which the licence is sought;
(b) a statement of the gemstones to be prospected for
and mined under the licence;
(c) a comprehensive statement of the mineral deposits or
probable deposits in the area over which the licence is
sought, including details of all known minerals proved,
estimated or inferred, ore reserves and mining
conditions;
(d) the proposed programme for prospecting and mining
operations, including a forecast of capital investment,
the estimated recovery rate of ore and gemstone
products, and the proposed treatment and disposal of
ore and gemstones recovered;
(e) the applicant's environmental management plan,
including the proposals for the prevention of pollution,
the treatment of waste, the protection and reclamation
Application
for large-
scale
gemstone
licence
ng the proposals for the prevention of pollution,
the treatment of waste, the protection and reclamation
Application
for large-
scale
gemstone
licence
88 [No. 7 of 2008 Mines and Minerals Development
of land and water resources, and for eliminating or
minimising the adverse effects on the environment of
mining operations;
(f) details of expected infrastructure requirements;
(g) the applicant's proposals with respect to the employment
and training of citizens of Zambia;
(h) the applicant's proposals for the promotion of local business
development outlining how the applicant intends to
promote—
(i) the participation of Zambian entrepreneurs in
procurement and supply business opportunities
with the applicant;
(ii) the setting up by Zambian entrepreneurs of
import substitution,and repair and maintenance
businesses locally;
(iii) partnership between the Zambian entrepreneurs
and foreign suppliers and contractors; and
(iv) skills development to enable the Zambian
entrepreneurs attain quality standards in contract
works and supply;
(i)& full description, with geographical coordinates, of the
area of land for which the large scale gemstone licence
is sought, but not exceeding seven thousand, four
hundred and eighty-five cadastre units and represented
by complete and not partial cadastre units;
Cap.
sought, but not exceeding seven thousand, four
hundred and eighty-five cadastre units and represented
by complete and not partial cadastre units;
Cap.
323 (j) a plan for cutting, polishing and faceting of gemstones
in Zambia;
(k) a tax clearance certificate issued under the Income
Tax Act;
(I) a plan of the proposed mining area prepared in such
manner and showing such particulars as the Director
may require; and
(m) such further information as the Director may require
for the disposal of the application. (4) An applicant shall commission and produce to the Director
an environmental impact study on the proposed mining operations
approved by the Environmental Council of Zambia. Consideration 3 7 . (1) The Minister shall, in considering an application under
of application section thirty-six, take the following into account:
s c a l e (a) whether or not there are sufficient indications of
gemstone probable deposits or reserves of gemstones to justify
licence their commercial exploitation;
ether or not there are sufficient indications of
gemstone probable deposits or reserves of gemstones to justify
licence their commercial exploitation;
Mines and Minerals Development [No.
Mines and Minerals Development [No.
7 of 2008 89
(b) that the area of land over which the licence is sought is
not in excess of the area reasonably required to carry
out the applicant's proposed programme for mining
operations;
(c) taking into account the recognised standards of good
mining practice, the applicant's proposed programme
for mining operations would ensure the efficient and
beneficial use of the mineral resources of the area over
which the licence is sought:
(d) that the applicant's environmental management plan
conforms to specifications and practices established by
national standards for the m a n a g e m e n t of the
environment as it is affected by mining operations;
(e) whether the applicant has, or has secured access to,
adequate financial resources, technical competence and
experience to carry out effective mining operations;
(f) if the land is within the National Park, game management
area, national forest or local forest or is a bird santuary
or land to which subsection (1) of section one hundred
and twenty-seven applies, the applicant has obtained
the necessary consent;
(g) taking account of the size and nature of the proposed
mining operations, the applicant's proposals for the
employment and training of citizens of Zambia are
adequate; and
(h) the applicant is not in breach of any condition of the
prospecting licence or any provision of this Act.
g of citizens of Zambia are
adequate; and
(h) the applicant is not in breach of any condition of the
prospecting licence or any provision of this Act.
(2) The Director may cause an investigation to be made or
consultations to be carried out as the Director may consider
necessary to enable the Director to assess whether or not the
requirements of this section are met. (3) The Director shall, where an application does not meet
the requirements of this Act, reject the application and give the
applicant the reasons therefor. 38. (1) Subject to the other provisions ofthis Act, the Director Grant of
shall, within sixty days of the receipt of an application under section large-scale
thirty-six, where the application meets the requirements of this gemstone
Act, grant a large-scale gemstone licence on such terms and
conditions as the Director may determine. (2) A large-scale gemstone licence shall—
(a) state the date of the grant of the licence, the period for
icence
ditions as the Director may determine. (2) A large-scale gemstone licence shall—
(a) state the date of the grant of the licence, the period for
icence
90 [No. 7 of 2008 Mines and Minerals Development
Duration of
large-scale
g e m s t o n e
licence
Rights
conferred
by large-
scale
gemstone
licence
which it is granted and the conditions on which it is
granted; and
(b) include a description and plan of the area of land over
which it is granted. (3) There shall be attached to a large-scale gemstone licence—
(a) the programme of prospecting and mining operations as
approved by the Director;
(b) the applicant's environmental commitment plan;
(c) the applicant's proposals for the employment and training
of citizens of Zambia;
(d) the applicant's proposal for the promotion of local
business development; and
(e) the applicant's capital investment forecast;
which shall form part of the conditions of the licence. 3 9 . A large-scale gemstone licence shall, unless revoked earlier,
be granted for a period not exceeding ten years. 40. (1) Subject to the conditions of the licence, a large-scale
gemstone licence confers on the holder exclusive rights to carry on
prospecting and mining operations in the mining area, and to do
all such other acts and things as are necessary for or reasonably
incidental to the carrying on of those operations.
ons in the mining area, and to do
all such other acts and things as are necessary for or reasonably
incidental to the carrying on of those operations.
(2) Without limiting the generality of subsection (1), a holder of
a large-scale gemstone licence may—
(a) enter on to the mining area and take all reasonable
measures on or under the surface for the purpose of
mining operations;
the purposes of mining, transporting, dressing or treating
the mineral recovered in the course of mining operations;
(c) dispose of any mineral product recovered;
(d) prospect within the mining area for any gemstones; and
(e) stack or dump any mineral or waste products in
accordance with the environmental management plan. (b) erect the necessary equipment, plant and buildings for
or dump any mineral or waste products in
accordance with the environmental management plan. (b) erect the necessary equipment, plant and buildings for
Mines and Minerals Development [No. 7 of 2008 91
41. (1) A holder of a large-scale gemstone licence shall—
(a) develop the mining area, and carry on mining operations,
with due diligence and in compliance with the programme
of mining operations and the environmental management
plan;
(b) take all reasonable measures on or under the surface
to mine the mineral to which the licence relates;
(c) implement the local business development proposals
attached to the licence;
(d) employ and train citizens of Zambia in accordance with
the proposal as attached to the licence;
(e) comply with the plan for cutting, polishing, and faceting
gemstones in Zambia;
(f) comply with the proposed forecast of capital investment
as attached to the licence; and
(g) demarcate the mining area and keep it demarcated in
the prescribed manner.
proposed forecast of capital investment
as attached to the licence; and
(g) demarcate the mining area and keep it demarcated in
the prescribed manner.
(2) A holder of a large-scale gemstone licence shall—
(a) maintain at the holder's office —
(i) complete and accurate technical records of the
operations in the mining area;
(ii) copies of all maps and geological reports,
including interpretations, mineral analyses, aerial
photographs, core logs, analyses and test results
obtained and compiled by the holder in respect
of the mining area;
(iii) drill cores in respect of the mining area;
(iv) accurate and systematic financial records of
the operations in the mining area and such other
books of account and financial records as the
Director may require; and
(v) where the holder is engaged in any other activity
not connected with the operations under the
Obligations
of
holder of
large-scale
gemstone
licence
v) where the holder is engaged in any other activity
not connected with the operations under the
Obligations
of
holder of
large-scale
gemstone
licence
92 [No. 7 of 2008 Mines and Minerals Development
mining licence, separate books of account from
the operations under the licence;
Amendment
of
programme
of
mining
operations
(a) permit an authorised officer at any time to inspect the
books and records maintained in pursuance of paragraph
any part of the books and records as the Minister may
require;
(c) submit to the Director such reports, records and other
information as the Director may require concerning the
conduct of the operations in the mining area; and
(d) furnish the Director with a copy of the annual audited
financial statements within six months of the end of each
financial year. (3) A person who—
(a) fails to keep any record or information required to be
kept under subsection (2);
(b) fails to supply any record or mineral samples to the
Director, Director of Geological Survey and Director of
Mines Safety in accordance with subsection (2); or
(c) supplies any false or misleading record or information;
commits an offence and is liable, upon conviction to a fine not
exceeding two hundred thousand penalty units or to imprisonment
for a period not exceeding two years, or to both. 42.
e, upon conviction to a fine not
exceeding two hundred thousand penalty units or to imprisonment
for a period not exceeding two years, or to both. 42.
(1) A holder of a large-scale gemstone licence shall apply
to the Director where the holder intends to make any amendments
to the programme of mining operations. (2) The Director may, where the Director receives an
application under subsection (1)—
(a) approve the proposed amendments with or without any
modifications and on such terms and conditions as the
Minister may determine; or
(b) reject the proposed amendments and give the applicant
the reasons therefor. (b) and deliver to the Minister, without charge, copies of
termine; or
(b) reject the proposed amendments and give the applicant
the reasons therefor. (b) and deliver to the Minister, without charge, copies of
Mines and Minerals Development [ No. 7 of 2008 93
43. (1) A large-scale gemstone licence or any interest therein
shall not be transferred, assigned, encumbered or dealt with in any
other manner without the approval of the Minister. (2) A holder of a large-scale gemstone licence who intends to
transfer, assign, encumber or deal in any manner with the licence
shall apply to the Minister giving such particulars concerning the
proposed transferee, assignee, or other party concerned as would
be required in an application for a large-scale gemstone licence. (3) The Minister shall, where an application made under
subsection (2) meets the requirements of this Act and the transferee
is not disqualified under any provision of this Act from holding a
large-scale gemstone licence, grant approval to the transfer,
assignment, encumbrance or other dealing with the large-scale
gemstone licence or interest therein for the unexpired period of the
licence. (4) Any transaction purporting to transfer a large-scale
gemstone licence in contravention of this section is void.
e unexpired period of the
licence. (4) Any transaction purporting to transfer a large-scale
gemstone licence in contravention of this section is void.
(5) For the purposes of this section, " interest " in a large-
scale gemstone licence means in the case of a holder who is a
private company, a controlling interest in such holder. 44. (1) A holder of a large-scale gemstone licence shall, where
in the course of exercising the rights under the licence, discovers
any deposits of any gemstones for which the holder of the large-
scale gemstone licence is not licensed, within thirty days from the
date of the discovery, notify the director thereof, giving particulars
of the mineral discovered and the site and circumstances of the
discovery. (2) A holder of a large-scale gemstone licence shall apply to
the Director to have the mining of any gemstone discovered included
in the holder's large-scale gemstone licence, giving in the
application, a proposed programme of mining operations in respect
of that mineral. (3) The Director shall, where the proposed programme of
mining operations submitted under subsection (2) complies with
the requirements of this Act, approve the application and amend
the large-scale gemstone licence accordingly. Transfer of
large-scale
gemstone
Discovery of
minerals not
included in
large-scale
g e m s t o n e
licence
e large-scale gemstone licence accordingly. Transfer of
large-scale
gemstone
Discovery of
minerals not
included in
large-scale
g e m s t o n e
licence
94 No. 7 of 2008] Mines and Minerals Development
(4) The Director shall not reject an application under subsection
(3) unless the Director gives the applicant an opportunity to amend
the programme in such manner as the Director may determine. (5) A holder of a large-scale gemstone licence shall, where
the holder discovers petroleum, report to the Director within
twenty-four hours of making the discovery. Suspension 45. (1) Subject to the other provisions of this section, a
ofproduction holder of a large-scale gemstone licence may suspend or curtail
production for any of the following reasons:
(a) an unsafe working environment;
(b) uncontrolled pollution of the area resulting from the mining
operations;
(c) any force majeure; or
(d) any labour disputes that disrupt the mining operations;
and shall give notice of the suspension of production from the mine
to the Director and give reasons for the suspension .
srupt the mining operations;
and shall give notice of the suspension of production from the mine
to the Director and give reasons for the suspension .
(2) A holder of a large scale gemstone licence shall give notice
to the Director—
(a) at least ninety days in advance, where the holder without
abandonment of the licence and for reasons other than
those specified in paragraphs (a) to (e) of subsection
(1), where the holder without abandonment of the licence,
proposes to suspend production from the mine; and
(b) at least thirty days in advance, where the holder proposes
to curtail the production;
and shall, in either case, give reasons for the suspension or
curtailment. (3) The Director shall, where the Director receives notice
under subsection (1), or becomes aware of any suspension or
curtailment of production, cause the matter to be investigated and
may—
(a) approve, on such terms and conditions as the Director
may determine, including provision for the extension of
any licence, the suspension or curtailment of production;
or
(b) direct the holder to resume full production at the mine
within such period as the Director may specify.
uspension or curtailment of production;
or
(b) direct the holder to resume full production at the mine
within such period as the Director may specify.
(4) In paragraph (d) of subsection (1)," force maj eure " means
an event which is beyond the reasonable control of a holder and
which makes the mining operations under the licence impossible or
impractical under the circumstances.
s beyond the reasonable control of a holder and
which makes the mining operations under the licence impossible or
impractical under the circumstances.
Mines and Minerals Development [ N o . 7 of 2008 95
46. (1) A holder of a large-scale gemstone licence may, at
any time'not later than one year before the expiry of the licence,
apply to the Director for the renewal of the licence in respect of
all or any part of the mining area. (2) An application for renewal shall be made to the Director
in the prescribed form upon payment of the prescribed fee. Renewal of
large scale
g e m s t o n e
licence
(3) An application made under subsection (2) shall include
(a) a statement of the period, not exceeding ten years, for
which the renewal is sought;
(b) details of
(i) the latest proved, estimated and inferred ore
reserves;
(ii) the capital investment to be made in, and
production costs and revenue forecasts in
respect of, the period of renewal;
(iii) any expected changes in methods of mining and
treatment; and
(iv) any expected increase or reduction in mining
activities and the estimated life of the mine;
(c) a proposed programme of mining operations for the
period of renewal; and
(d) where the renewal is sought in respect of part only of
the mining area, a plan identifying that part.
ng operations for the
period of renewal; and
(d) where the renewal is sought in respect of part only of
the mining area, a plan identifying that part.
(4) Subject to subsection (6), the Director shall, where an
application for renewal of a large-scale gemstone licence meets
the requirements of this Act, renew the large scale mining licence
for a period not exceeding ten years. (5) The Director may renew a large-scale gemstone licence
with or without a variation of the conditions of the licence. (6) The Director shall reject an application for renewal of a
large-scale gemstone licence where—
(a) the development of the mining area has not proceeded
with reasonable diligence;
(b) gemstones in workable quantities do not remain to be
produced;
(c) the programme of the intended mining operations will
not ensure the proper conservation and use in the national
interest of the mineral resources in the mining area; or
he intended mining operations will
not ensure the proper conservation and use in the national
interest of the mineral resources in the mining area; or
96 No. 7 of 2008] Mines and Minerals Development
(d) the applicant is in breach of any condition of the licence
or any provision of this Act. (7) The Director shall not reject an application on any ground
referred to in—
(a) paragraph (a) of subsection (6), unless the Director has
given the applicant the details of the default and the
applicant has failed to remedy the default within three
months of the notification;
(b) paragraph (b) of subsection (6), unless the Director has
given the applicant an opportunity to make written
representations thereon to the Director; or
(c) paragraph (c) of subsection (6), unless the Director
has notified the appl icant and the appl icant has failed to
propose amendments to the proposed programme of
mining operations within three months of the notification. (8) Subject to the other provisions of this Act, the period of
renewal of a large-scale gemstone licence shall be such period, not
exceeding ten years, as is reasonably required to carry out the
mining programme. (9) The Director shall, on the renewal of a large-scale gemstone
licence, attach to the licence the approved program of mining
operations to be carried out in the period of renewal.
renewal of a large-scale gemstone
licence, attach to the licence the approved program of mining
operations to be carried out in the period of renewal.
PART IV
SMALL-SCALE MINING OPERATIONS
Division I -Prospecting permit
Application
for
prospecting
permit
4 7 . (1) An application for a prospecting permit shall be made
to the Director of Geological Survey in the prescribed manner and
form upon payment of the prescribed fee. (2) An application made under subsection
(1) shall include—
(a) a statement of the minerals, other than gemstones, for
which the applicant wishes to prospect;
(b) a description and sketch with geographical coordinates
of the area of land for which the permit is sought, but
not exceeding three hundred cadastre units and
iption and sketch with geographical coordinates
of the area of land for which the permit is sought, but
not exceeding three hundred cadastre units and
Mines and Minerals Development [ No. 7 of 2008 97
represented by whole numbers of cadastre units,
sufficient to enable identification of the area and to
provide a plan to be annexed to the permit;
(c) an environmental management plan including the
applicant's proposals for the prevention of pollution, the
treatment of waste, the protection and reclamation of
land and water resources, and for eliminating or
minimising the adverse effects on the environment of
the prospecting operations; and
(d) a statement of the sum the applicant intends to expend
on the prospecting operations;
(e) a description of any mining right which has previously
been granted to the applicant or for which the applicant
has previously made an application; and
(f) a tax clearance certificate issued under the Income Tax
Act. 48.
the applicant or for which the applicant
has previously made an application; and
(f) a tax clearance certificate issued under the Income Tax
Act. 48.
(1) The Director of Geological Survey shall, in considering
an application made under section forty-seven take the following
into account:
(a) that the applicant has, or has secured access to, adequate
financial r e s o u r c e s , technical competence and
experience to carry on effective prospecting operations;
(b) that the proposed programme of prospecting operations
is adequate and makes proper provision for
environmental protection;
(c) where consent is required for the area under any written
law, the applicant has submitted evidence of the consent;
and
(d) where the area relates to a prospecting area or mining
area or part thereof, the applicant has obtained the
consent of the holder of the prospecting licence or other
licence and the holder thereof will not be prejudiced by
the grant of the prospecting permit. (2) The Director of Geological Survey may cause such
investigations to be made or such consultations to be carried on as
the Director may consider necessary to assess whether or not the
criteria in subsection (1) has been met. (3) The Director of Geological Survey shall reject an application
for a prospecting permit where—
Cap.
ot the
criteria in subsection (1) has been met. (3) The Director of Geological Survey shall reject an application
for a prospecting permit where—
Cap.
323
Consideration
of
application
for
prospecting
permit
323
Consideration
of
application
for
prospecting
permit
98 No. 7 of 2008] Mines and Minerals Development
Grant of
prospecting
permit
Duration o f
prospecting
permit and
transfer o f
permit
Rights
conferred
by
prospecting
permit and
transfer of
prospecting
permit
(a) the applicant is disqualified under section seven from
holding the permit;
(b) the area over which the applicant seeks a prospecting
permit is already subject to a mining right; or
(c) the applicant is in breach of any condition of any other
mining right or any provision of this Act. (4) The Director of Geological Survey shall, where the Director
of Geological Survey rejects an application under subsection (3),
inform the applicant of the rejection and give the reasons therefor. 49. (1) The Director of Geological Survey shall, within thirty
days of receipt of an application under section forty-seven, where
the application meets the requirements of this Act, grant a
prospecting permit to the applicant on such terms and conditions as
the Director may determine.
pplication meets the requirements of this Act, grant a
prospecting permit to the applicant on such terms and conditions as
the Director may determine.
(2) A prospecting permit shall—
(a) state the date of the grant of the permit, the period for
which it is granted and the conditions on which it is granted;
(b) specify the minerals in respect of which it is granted;
and
(c) include a description and plan of the prospecting area. (3) There shall be appended to a prospecting permit the
programme of prospecting operations, as approved by the Director
of Geological Survey, which shall form part of the conditions of the
permit. (4) The area of a prospecting permit shall not exceed three
hundred cadastre units. 50. A prospecting permit shall be granted for a period not
exceeding five years and shall not be renewed. 51. (1) A prospecting permit confers on the holder exclusive
rights to carry on prospecting operations in the prospecting area
for the minerals, except gemstones, specified in the licence, and to
do all such other acts and things as are necessary for or incidental
to the carrying on of the operations. (2) A prospecting permit or any interest therein shall not be
transferred, assigned, encumbered or dealt with in any other manner
without the approval of the Director of Goelogical Survey.
st therein shall not be
transferred, assigned, encumbered or dealt with in any other manner
without the approval of the Director of Goelogical Survey.
(3) A holder of a prospecting permit who intends to transfer,
assign, encumber or deal in any manner with the permit shall apply
to the Director of Geological Survey giving such particulars
concerning the proposed transferee, assignee, or other party
concerned as would be required in an application for a prospecting
permit.
ch particulars
concerning the proposed transferee, assignee, or other party
concerned as would be required in an application for a prospecting
permit.
Mines and Minerals Development [ N o . 7 of 2008 99
(4) The Director of Geological Survey shall, where an
application made under subsection (3) meets the requirements of
this Act and the transferee is not disqualified under any provision
of this Act from holding a prospecting permit, grant approval to the
transfer, assignment, encumbrance or other dealing with the
exploration permit or interest therein for the unexpired period of
the permit. (5) Any transaction purporting to transfer a prospecting permit
in contravention of this Act is void. (6) For the purpose of this section, "interest" in prospecting
permit means in the case of holder who is a private company, a
controlling interest in such holder. 52.
ose of this section, "interest" in prospecting
permit means in the case of holder who is a private company, a
controlling interest in such holder. 52.
A holder of a prospecting permit shall—
(a) give notice to the local office of the discovery of any
mineral deposit of possible commercial value in the
prospecting area within thirty days of the discovery;
(b) keep at the office of the holder, full and accurate records
of the prospecting operations which shall show—
(i) the boreholes drilled;
(ii) the strata penetrated, with detailed logs of the
strata;
(iii) the minerals discovered;
(iv) the results of any seismic survey or geo-chemical,
geo-physical and remote sensing data analysis;
(v) the results of any analysis or identification of
minerals;
(vi) the geological interpretation of the records
maintained under items (i) to (v) inclusive;
(vii) the number of persons employed;
(viii) other work done in connection with the
prospecting permit;
(ix) the costs incurred; and
(x) such other matters as may be prescribed by the
Minister, by statutory instrument; and
(c) keep and preserve for such period as the Minister may-
prescribe by statutory instrument, records in relation to
the protection of the environment. 53.
eep and preserve for such period as the Minister may-
prescribe by statutory instrument, records in relation to
the protection of the environment. 53.
(1) Except for the purposes of having the mineral analysed
or conducting tests on the mineral, a holder of a prospecting permit
shall not remove any mineral from the prospecting area without
the written permission of the authorised officer at the local office
and shall, when so removing any mineral, comply with such
conditions as the authorised officer may specify in the written
permission. Obligations of
holder of
prospecting
permit
Restrictions
on removal
of minerals
tions as the authorised officer may specify in the written
permission. Obligations of
holder of
prospecting
permit
Restrictions
on removal
of minerals
100 No. 7 of 20081 Mines and Minerals Development
Application
for small-
scale
mining licence
Cap. 323
Consideration
of
application
for small-
scale
mining
licence
(2) The Minister may, by statutory instrument, determine the
quantities of mineral samples to be removed from a prospecting
area for the purpose of mineral analysis or conducting tests on the
mineral. Division II -Small -Scale Mining Licence
54. (1) A holder ofa prospecting permit may, at any time during
the currency of the permit, apply to the Director for a small-scale
mining licence over any part of the prospecting area, in the
prescribed manner and form upon payment of the prescribed fee.
Director for a small-scale
mining licence over any part of the prospecting area, in the
prescribed manner and form upon payment of the prescribed fee.
(2) An application made under subsection (1) shall include
(a) an identification of the relevant prospecting permit;
(b) a description and sketch of the area of land, not
exceeding one hundred and twenty cadastre units, over
which the small-scale mining licence is sought, sufficient
to enable identification of the area;
(c) a description of the proposed program of mining
operations, which shall include a forecast of investment,
the estimated recovery rate of ore and the applicant's
proposal for its treatment and disposal;
(d) a description to the best of the applicant's knowledge
and belief of the mineral deposits in the area over which
the licence is sought;
(e) a statement of the duration, not exceeding ten years, for
which the small-scale mining licence is sought;
(f) a tax clearance certificate issued under the Income
Tax Act; and
(g) such other information as the Director may require for
disposing of the application. 55.
learance certificate issued under the Income
Tax Act; and
(g) such other information as the Director may require for
disposing of the application. 55.
(1) The Director shall, in considering an application made
under section fifty-four take the following into account:
(a) that the applicant has, or has secured access to, adequate
financial r e s o u r c e s , t e c h n i c a l c o m p e t e n c e and
experience to carry on effective small-scale mining
operations;
(b) that the proposed programme of small-scale mining
operations is adequate and makes proper provision for
environmental protection; and
(c) where consent is required for the area under any written
law, the applicant has submitted evidence of the consent. (2) The Director may cause such investigations to be made or
such consultations to be carried on as the Director may consider
necessary to assess whether or not the criteria in subsection (1)
has been met.
de or
such consultations to be carried on as the Director may consider
necessary to assess whether or not the criteria in subsection (1)
has been met.
Mines and Minerals Development [ No. 7 of 2008 101
(3) The Director shall reject an application for a small-scale
mining licence where—
(a) the applicant has, under section sixty-two, been required
to apply for a large-scale mining licence;
(b) the applicant is disqualified under section seven;
(c) the area in respect of which a small-scale mining licence
is sought is in excess of the area required to mine the
deposits identified by the applicant; or
(d) the applicant is in breach of any condition of any other
mining right or any provision of this Act. (4) The Director shall, where the Director rejects an application
under subsection (3), inform the applicant of the rejection and give
the reasons therefor. 56. (1) The Director shall, within thirty days of receipt of an
application under section fifty-four where the application meets
the requirements of this Act, grant a small-scale mining licence to
the applicant on such terms and conditions as the Director may
determine.
on meets
the requirements of this Act, grant a small-scale mining licence to
the applicant on such terms and conditions as the Director may
determine.
(2) A small-scale mining licence shall—
(a)
(b)
(c)
state the date of the grant of the licence, the period for
which it is granted and the conditions on which it is
granted;
specify the minerals in respect of which it is granted;
and
include a description and plan of the mining area. (3) There shall be appended to a small-scale mining licence
the programme of mining operations, as approved by the Director,
which shall form part of the conditions of the licence. (4) The area of a small-scale mining licence shall not exceed
one hundred and twenty cadastre units. 57. A small-scale mining licence shall be granted for a period
not exceeding ten years. 58. (1) A small scale mining licence confers on the holder
exclusive rights to carry on mining operations in the mining area for
minerals other than gemstones, and to do all such other acts and
things as are necessary for or reasonably incidental to the carrying
on of those operations.
s other than gemstones, and to do all such other acts and
things as are necessary for or reasonably incidental to the carrying
on of those operations.
(2) Without limiting the general ity of subsection (1), a holder
of a small-scale mining licence may—
(a) enter into or upon the mining area and take all reasonable
measures on or under the surface for the purpose of the
mining operations;
Grant of
small-scale
mining
licence
Duration of
small-scale
mining
licence
Rights
conferred
by small
scale
mining
licence
se of the
mining operations;
Grant of
small-scale
mining
licence
Duration of
small-scale
mining
licence
Rights
conferred
by small
scale
mining
licence
102 N o . 7 of 2008] Mines and Minerals Development
(b) erect the necessary equipment, plant and buildings for
the purposes of mining, transporting, dressing or treating
the mineral recovered in the course of the mining
operations;
(c) dispose of any mineral products recovered;
(d) prospect within the mining area for any mineral; and
(e) stack or dump any mineral or waste product. Obligations 59. (1) A holder of a small-scale mining licence shall—
of holder of , . , , , t , .
; and
(e) stack or dump any mineral or waste product. Obligations 59. (1) A holder of a small-scale mining licence shall—
of holder of , . , , , t , .
, ,
small-scale w develop the mining area and commence and carry on
mining mining operations, with due diligence and in accordance
licence with the programme of mining operations;
(b) demarcate the mining area, and keep it demarcated, in
the prescribed manner;
(c) maintain at the holder's office—
(i) complete and accurate technical records of the
operations in the mining area, in such form as
the Director may approve;
(ii) copies of all maps and geological reports,
including interpretations, mineral analyses, aerial
photographs, core logs, analyses and test results
obtained and compiled by the holder in respect
of the mining area;
(iii) accurate and systematic financial records of
the operations in the mining area and such other
books of account and financial records as the
Director may require; and
(iv) where the holder is engaged in any other activity
not connected with the operations under the
mining licence, separate books of account of
the operations under the licence;
(d) permit an authorised officer at any time to inspect the
books and records maintained in pursuance of paragraph
(a) and deliver to the Director, without charge, copies
of any part of the books and records as the Director
may require;
(e) keep and preserve, as the Minister may prescribe,
records in relation to the protection of the environment;
d records as the Director
may require;
(e) keep and preserve, as the Minister may prescribe,
records in relation to the protection of the environment;
Mines and Minerals Development [ No. 7 of 2008 103
(f) furnish the Director with a copy of the annual audited
financial statements within three months of the end of
each financial year showing the profit or loss for the
year and the state of the financial affairs of the holder
at the end of each financial year; and
(g) submit to the Director such reports, records and other
information as the Director may require concerning the
conduct of the operations in the mining area. (2) A person who—
(a) fails to keep any record or information required to be
kept under subsection (1):
(b) fails to supply any record to the Director in accordance
with subsection (1); or
(c) supplies any false or misleading record or information;
commits an offence and is liable, upon conviction, to a fine not
exceeding two hundred thousand penalty units or to imprisonment
for a period not exceeding two years, or to both. 60. (1) A holder of a small-scale mining licence may apply
to the Director at least sixty days before the expiry of the small-
scale mining licence, for the renewal of the licence in the prescribed
manner and form upon payment of the prescribed fee.
re the expiry of the small-
scale mining licence, for the renewal of the licence in the prescribed
manner and form upon payment of the prescribed fee.
(2) Subject to subsection (3), the Director shall, where an
application for the renewal of a small-scale mining licence complies
with the requirements of this Act, renew the small-scale mining
licence for a period not exceeding ten years, on such terms and
conditions as the Director may determine. (3) The Director shall reject an application for the renewal of
a small-scale mining licence where-
(a) the development of the mining area has not proceeded
with reasonable diligence;
(b) minerals in the workable quantities do not remain to be
produced;
(c) the programme of the intended mining operations will
not ensure the proper conservation and use in the national
interest of the mineral resources of the mining area; or
(d) the applicant is in breach of any condition of the licence
or any provision of this Act. Renewal of
small-scale
mining
licence
the mining area; or
(d) the applicant is in breach of any condition of the licence
or any provision of this Act. Renewal of
small-scale
mining
licence
104 No. 7 of 2008] Mines and Minerals Development
Transfer of
small-scale
mining
licence
Requirement
to convert
s m a l l - s c a l e
mining licence
to large-scale
mining licence
(4) The Director shall not reject an application on any ground
referred to in—
(a) paragraph (a) of subsection (3), unless the Director has
given the applicant the details of the default and the
applicant has failed to remedy the default within three
months of the notification;
(b) paragraph (b) of subsection (3), unless the Director has
given the applicant reasonable opportunity to make
written representations thereon to the Director; or
(c) paragraph (c) of subsection (3), unless the Director has
notified the applicant and the applicant has failed to
propose amendments to the operations within three
months of the notification. (5) The Director shall, on the renewal of a small-scale mining
licence, attach to the licence the approved program of mining
operations to be carried out in the period of renewal. 61. (1) A small-scale mining licence or any interest therein
shall not be transferred, assigned, encumbered or dealt with in any
other manner without the approval of the Director.
licence or any interest therein
shall not be transferred, assigned, encumbered or dealt with in any
other manner without the approval of the Director.
(2) A holder of a small-scale mining licence who intends to
transfer, assign, encumber or deal in any manner with the licence
shall apply to the Director giving such particulars concerning the
proposed transferee, assignee, or other party concerned as would
be required in an application for a small-scale mining licence. (3) The Director shall, where an application meets the
requirements of this Act and the transferee is not disqualified under
any provision of this Act from holding a small-scale mining licence,
grant approval to the transfer, assignment, encumbrance or other
dealing with the small-scale mining licence or interest therein for
the unexpired period of the small-scale mining licence. (4) For the purposes of this section, " interest " in a small-
scale mining licence means, in the case of a holder who is a private
company, a controlling interest in such holder. (5) Any transaction purporting to transfer a small-scale mining
licence in contravention of this section shall be void and of no effect. 62.
h holder. (5) Any transaction purporting to transfer a small-scale mining
licence in contravention of this section shall be void and of no effect. 62.
(1) The Director may require—
(a) an applicant for a small-scale mining licence; or
(b) the holder of a small-scale mining licence where the
Director considers on reasonable grounds that the holder
for a small-scale mining licence; or
(b) the holder of a small-scale mining licence where the
Director considers on reasonable grounds that the holder
Mines and Minerals Development [ N o . 7 of 2008 105
is engaged in mining operations on a substantial scale;
to apply for a large-scale mining licence. (2) Where the Director requires an applicant or holder of a
small-scale mining licence to apply for a large-scale mining licence
under subsection (1), the provisions of this Act shall apply to the
applicant as if the applicant were the holder of a prospecting licence
who applies for a large-scale mining licence. 6 3 . Where over a continuous period of three years or longer, a
holder of a small-scale mining licence has failed to carry on mining
operations in accordance with the proposed plan of mining operation
and over such period has in each year of production recovered less
than fifty per centum of the ore which should have been recovered
under the estimated recovery rate, the Director shall cancel the
licence. Termination
of small-scale
mining
licence for
insufficient
production
Division III - Small-Scale Gemstone Licence
64. (1) A person shall apply to the Director for a small-scale
gemstone licence in the prescribed manner and form upon payment
of the prescribed fee.
64. (1) A person shall apply to the Director for a small-scale
gemstone licence in the prescribed manner and form upon payment
of the prescribed fee.
(2) An application made under subsection (1) shall include—
(a) a description and sketch, with geographical coordinates
of the area of land over which the gemstone licence is
sought, but not exceeding one hundred and twenty
cadastre units and with whole numbers of cadastre units,
sufficient to enable the officers at the local office to
identify the area and provide a plan to be annexed to
the licence;
(b) the proposed program of mining operations, including a
forecast of investment and the estimated recovery rate
of ore and gemstones;
(c) a statement, to the best of the applicant's knowledge
and belief, of the gemstone deposits in the area over
which the licence is sought;
(d) a tax clearance certificate issued under the Income Tax
Act; and
(e) such other information as the Director may require for
disposing of the application. Application
for small-
scale
gemstone
licence
Cap. 323
t; and
(e) such other information as the Director may require for
disposing of the application. Application
for small-
scale
gemstone
licence
Cap. 323
106 No. 7 of 2008] Mines and Minerals Development
Consideration
of
application
for small-
scale
gemstone
Grant of
small-scale
gemstone
licence
65. (1) The Director shall, in considering an application made
under section sixty-four take the following into account:
(a) that the applicant has, or has secured access to,
adequate financial resources, technical competence and
experience to carry on effective small-scale gemstone
mining operations;
(b) that the proposed programme of gemstone mining
operations is adequate and makes proper provision for
environmental protection; and
(c) where consent is required for the area under any written
law, the applicant has submitted evidence of the consent. (2) The Director may cause such investigations to be made
or such consultations to be carried on as the Director may consider
necessary to assess whether or not the criteria in subsection (1)
has been met.
de
or such consultations to be carried on as the Director may consider
necessary to assess whether or not the criteria in subsection (1)
has been met.
(3) The Director shall reject an application for a small-scale
gemstone licence where—
(a) the applicant has, under section seventy-two, been
required to apply for large-scale gemstone licence;
(b) the applicant is disqualified under section seven;
(c) the area over which the applicant seeks a small-scale
gemstone licence is already subject to a mining right
and the holder has not granted consent;
(d) the area in respect of which a small-scale gemstone
licence is sought is in excess of the area required to
mine the deposits identified by the applicant; or
(e) the applicant is in breach of any condition of any other
mining right or any provision of this Act. (4) The Director shall, where the Director rejects an application
under subsection (3), inform the applicant of the rejection and give
the reasons therefor. 66. (1) The Director shall, within thirty days of receipt of an
application under section sixty-four, where the application meets
the requirements of this Act, grant a small-scale gemstone licence
to the applicant on such terms and conditions as the Director may
determine.
meets
the requirements of this Act, grant a small-scale gemstone licence
to the applicant on such terms and conditions as the Director may
determine.
(2) A small-scale gemstone licence shall —
(a) state the date of the grant of the licence, the period for
which it is granted and the conditions on which it is
granted;
gemstone licence shall —
(a) state the date of the grant of the licence, the period for
which it is granted and the conditions on which it is
granted;
Mines and Minerals Development [ No. 7 of 2008 107
(b) specify the minerals in respect of which it is granted;
and
(c) include a description and plan of the mining area. (3) There shall be appended to a small-scale gemstone licence
the programme of mining operations, as approved by the Director,
which shall form part of the conditions of the small-scale gemstone
licence. (4) A small-scale gemstone licence shall not be granted over
an area exceeding one hundred and twenty cadastre units. 6 7 . A small-scale gemstone licence shall be granted for a period
not exceeding ten years. 68. A small-scale gemstone licence confers on the holder the
same exclusive rights as a prospecting permit and a small-scale
mining licence, but only in relation to gemstones. 69. (1) A holder of a small-scale gemstone
licence shall—
(a) give notice to the Director of the discovery of any mineral
deposit of possible commercial value within thirty days
of the discovery;
(b) keep and preserve, for such period as the Minister may
prescribe, by statutory instrument, the records in relation
to the protection of the environment.
ep and preserve, for such period as the Minister may
prescribe, by statutory instrument, the records in relation
to the protection of the environment.
(2) A person who contravenes subsection (l)commits an
offence and is liable, upon conviction, to a'fine not exceeding two
hundred thousand penalty units or to imprisonment for a period not
exceeding two years, or to both. 70. (1) A holder of a small-scale gemstone licence may apply
to the Director at least sixty days before the expiry of the licence,
for the renewal of the licence in the prescribed manner and form
upon payment of the prescribed fee. (2) Subject to subsection (3), the Director shall, where an
application for the renewal of a small-scale gemstone licence
complies with the requirements of this Act, renew the small-scale
gemstone licence for a period not exceeding ten years, on such
terms and conditions as the Director may determine. (3) The Director shall reject an application for renewal of a
small-scale gemstone licence where—
Duration of
s m a l l - s c a l e
gemstone
licence
Rights
conferred by
small-scale
gemstone
licence
Obligations
of
holder of
small-scale
gemstone
licence
Renewal of
small-scale
g e m s t o n e
licence
Rights
conferred by
small-scale
gemstone
licence
Obligations
of
holder of
small-scale
gemstone
licence
Renewal of
small-scale
g e m s t o n e
licence
108 No. 7 of 2008] Mines and Minerals Development
(a) the development of the mining area has not proceeded
with reasonable diligence;
(b) minerals in workable quantities do not remain to be
produced;
(c) the programme of the intended mining operations will
not ensure the proper conservation and use in the national
interest of the mineral resources of the mining area; or
(d) the applicant is in breach of any condition of the licence
or any provision of this Act. (4) The Director shall not reject an application on any ground
referred to in—
(a) paragraph (a) of subsection (3), unless the Director has
given the applicant the details of the default and the
applicant has failed to remedy the default within three
months of the notification;
(b) paragraph (b) of subsection (3), unless the Director has
given the applicant reasonable opportunity to make
written representations thereon to the Director; or
(c) paragraph (c) of subsection (3), unless the Director has
notified the applicant and the applicant has failed to
propose amendments to the operations within three
months of the notification.
the Director has
notified the applicant and the applicant has failed to
propose amendments to the operations within three
months of the notification.
(5) The Director shall, on the renewal of a small-scale gemstone
licence, attach to the licence the program of mining operations to
be carried out in the period of renewal. Transfer of 71. (1) A small-scale gemstone licence or any interest therein
small-scale shall not be transferred, assigned, encumbered or dealt with in any
gemstone other manner without the approval of the Director. licence • •
(2) A holder of a small-scale gemstone licence who intends
to transfer, assign, encumber or deal in any manner with the licence
shall apply to the Director giving such particulars concerning the
proposed transferee, assignee, or other party concerned as would
be required in an application for a small-scale gemstone licence. (3) The Director shall, where an application meets the
requirements of this Act and the transferee is not disqualified under
any provision of this Act from holding a small-scale gemstone licence,
grant approval to the transfer, assignment, encumbrance or other
dealing with the small-scale gemstone licence or interest therein
for the unexpired period of the licence.
transfer, assignment, encumbrance or other
dealing with the small-scale gemstone licence or interest therein
for the unexpired period of the licence.
Mines and Minerals Development [ No.7 of 2008 109
(4) For the purposes of this section, " interest " in a small-
scale gemstone licence means in the case of a holder who is a
private company, a controlling interest in such holder. (5) Any transaction purporting to transfer a right in
contravention of this section is void and of no effect. 72. (1) The Director may require—
(a) an applicant for a small-scale gemstone licence; or
(b) the holder of a small-scale gemstone licence where the
Minister considers on reasonable grounds that the holder
is engaged in mining operations on a substantial scale;
to apply for a large-scale gemstone licence. (2) Where the Minister requires an applicant or holder of a
small-scale gemstone licence to apply for a large-scale gemstone
licence under subsection (1), the provisions of this Act shall apply,
with any necessary modifications, to the applicant as if the applicant
were the holder of a prospecting licence who applies for a large-
scale mining licence. 7 3 .
sary modifications, to the applicant as if the applicant
were the holder of a prospecting licence who applies for a large-
scale mining licence. 7 3 .
Where a holder of a small-scale gemstone licence has
failed to carry on mining operations in accordance with the proposed
plan of mining operations and the gross proceeds of sale of minerals
from an area subject to the small-scale gemstone licence in each
of any three successive years is less than half of the deemed
turnover applicable to that licence in each of those years, the
Director shall cancel the licence. Requirement
to convert
small-scale
gemstone
licence to
large-scale
gemstone
licence
Termination
of small-
scale
gemstone
licence for
insufficient
production
PART V
ARTISANAL MINING
74. (1) Any citizen of Zambia who has identified a mineral
deposit may apply to the Director for an artisan's mining right. (2) An application for an artisan's mining right shall be made
in the prescribed manner and form upon payment of the prescribed
fee. 75. (1) Subject to this section, the Director shall, within thirty
days of receipt of an application under section seventy-four, and
on the recommendation of the Mining Cadastre Office, grant an
artisan's mining right to the applicant, to explore and mine the deposit
referred to in the application.
ation of the Mining Cadastre Office, grant an
artisan's mining right to the applicant, to explore and mine the deposit
referred to in the application.
(2) An artisan's mining right shall—
(a) identify the minerals in respect of which it is granted;
and
Application
for artisan*s
mining right
Grant of
artisan's
mining right
g right shall—
(a) identify the minerals in respect of which it is granted;
and
Application
for artisan*s
mining right
Grant of
artisan's
mining right
110 No. 7 of 2008] Mines and Minerals Development
Duration of
artisan's
mining right
Renewal of
artisan's
mining right
(b) be granted over an area not exceeding two cadastre
units, not being an area that is already subject to a mining
right, which shall be delineated on a plan attached to
the right. (3) The Director shall, where the Director is satisfied that in a
particular area, mining operations are being carried on a community
basis in accordance with customary practices, authorise such
operations by the grant of an artisan's mining right to the chief of
the area or such other person as the Minister may, by statutory
instrument, prescribe. (4) The Director shall not grant an artisan's mining right to
any person disqualified by section seven or who has been convicted
of an offence under this Act. (5) The Director shall, where the Director rejects an
application under this Part, give the applicant the reasons therefor. 76. An artisan's mining right shall be valid for a period of two
years. 77.
s an
application under this Part, give the applicant the reasons therefor. 76. An artisan's mining right shall be valid for a period of two
years. 77.
(1) A holder of an artisan's mining right may apply to the
Director at least sixty days before the expiry of the artisan's mining
right, for the renewal of the artisan's mining right in the prescribed
manner and form upon payment of the prescribed fee. (2) Subject to subsection (3), the Director shall, where an
application for the renewal of an artisan's mining right complies
with the requirements of this Act, renew the artisan's mining right
for a period not exceeding two years, on such terms and conditions
as the Director may determine. (3) The Director shall reject an application for renewal of an
artisan's mining right where—
(a) the development of the mining area has not proceeded
with reasonable diligence;
(b) minerals in workable quantities do not remain to be
produced;
(c) the programme of the intended mining operations will
not ensure the proper conservation and use in the national
interest of the mineral resources of the mining area; or
(d) the applicant is in breach of any condition of the right
or any provision of this Act. (4) The Director shall not reject an application on any
ground referred to in—
s in breach of any condition of the right
or any provision of this Act. (4) The Director shall not reject an application on any
ground referred to in—
Mines and Minerals Development [ N o . 7 o f 2 0 0 8 111
(a) paragraph (a) of subsection (3), unless the Director has
given the applicant the details of the default and the
applicant has failed to remedy the default within three
months of the notification;
(b) paragraph (b) of subsection (3) unless the Director has
given the applicant reasonable opportunity to make
written representations thereon to the Director; or
(c) paragraph (c) of subsection (3) unless the Director has
notified the applicant and the applicant has failed to
propose amendments to the operations within three
months of the notification. (5) The Director shall, on the renewal of an artisan's mining
right, attach to the licence the approved program of mining
operations to be carried out in the period of renewal. 78. An artisan's mining right shall confer on the person to
whom it is granted, or in the case of a right granted in accordance
with subsection (3) of section seventy five, on the community
concerned, exclusive rights to mine according to its terms in respect
of the mineral specified in the permit within the area for which it is
granted. 79.
cerned, exclusive rights to mine according to its terms in respect
of the mineral specified in the permit within the area for which it is
granted. 79.
The Director may suspend or cancel an artisan's mining
right where—
(a) the holder of the right has been disqualified under section
seven;
(b) the holder has been convicted of an offence under this
Act; or
(c) the holder contravenes this Act or any condition of the
right. 80. (1) Except as otherwise provided by statutory instrument
made under this Act, nothing in this Act shall prevent—
(a) the taking, by the owner or occupier of any land that is
not subject to a mining right, of limestone or other building
materials ordinarily used for building, road making or
agricultural purposes, from the land, where—
(i) the materials so taken are for use on the land; and
(ii) such owner or occupier is the holder of a permit
from the Director authorising such taking;
(b) the taking, by the holder of a mining right in respect of
any land, of such materials from the land for use on the
land;
Rights
conferred
by artisan's
mining right
Suspension
or
cancellation
of artisan's
mining
right
Right to
building
materials
land for use on the
land;
Rights
conferred
by artisan's
mining right
Suspension
or
cancellation
of artisan's
mining
right
Right to
building
materials
112 No. 7 of 2008] Mines and Minerals Development
Obligations
of
holder of
artisan's
mining right
(c) the taking, by the owner or occupier of any land that is
subject to a mining right, of such materials from the land
with the consent of the holder of the mining right and for
use on the land; or
(d) the taking by the Republic, any local authority, a highway
authority, or any person duly authorised by any such
authority and acting under the Public Roads Act, of
such materials for public purposes. (2) The provisions of this section shall not affect any
requirement of this or any other Act to obtain any requisite consent
from any owner or occupier of land or any public authority or other
person. 81.
y
requirement of this or any other Act to obtain any requisite consent
from any owner or occupier of land or any public authority or other
person. 81.
(1) A holder of an artisan's mining right shall—
(a) maintain at the holder's office—
(i) complete and accurate technical records of the
operations in the mining area, in such form as
the Director may approve;
(ii) copies of all maps and geological reports,
including interpretations, mineral analyses, core
logs, analyses and test results obtained and
compiled by the holder in respect of the mining
area;
(iii) accurate and systematic financial records of the
operations in the mining area and such other
books of account and financial records as the
Director may require; and
(iv) where the holder is engaged in any other activity
not connected with the operations under the
artisan's mining right, separate books of account
from the operations under the licence;
(b) permit an authorised officer at any time to inspect the
books and records maintained in pursuance of paragraph
(a) and deliver to the Director, without charge, copies of
any part of the books and records as the Director may
require;
(c) keep and preserve, as the Minister may prescribe,
records in relation to the protection of the environment;
d records as the Director may
require;
(c) keep and preserve, as the Minister may prescribe,
records in relation to the protection of the environment;
Mines and Minerals Development [ No. 7 of 2008 113
(d) submit to the Director such reports, records and other
information as the Director may require concerning the
conduct of the operations in the mining area; and
(e) furnish the Director with a copy of the financial
statements within three months of the end of each
financial year showing the profit or loss for the year and
the state of the financial affairs of the holder at the end
of each financial year. (2) A person who—
(a) fails to keep any record or information required to be
kept under subsection (1);
(b) fails to supply any record to the Director in accordance
with subsection (1); or
(c) supplies any false or misleading record or information;
commits an offence and is liable, upon conviction, to a
fine not exceeding two hundred thousand penalty units
or to imprisonment for a period not exceeding two years,
or to both. PART V I
MINERAL PROCESSING LICENCE
82. (1) An application for a mineral processing licence shall
be made to the Director of Geological Survey in the prescribed
manner and form upon payment of the prescribed fee.
a mineral processing licence shall
be made to the Director of Geological Survey in the prescribed
manner and form upon payment of the prescribed fee.
(2) An application referred to in subsection (1) shall include—
(a) a full description of the area of land over which the licence
is sought, including its surrounding settlements or
developments and plans of the area prepared in such a
manner and showing such particulars as the Director of
Geological Survey may require;
(b) a statement of the minerals to be processed;
(c) a copy of the applicant's title to the land or written
consent from a surface right holder or mining right
holder;
(d) the proposed programme for mineral processing
operations including a forecast of plant capacity, capital
investment, facilities, mineral processing methods and
the estimated mineral recoveries;
(e) an environmental management plan including the
applicant's proposals for the prevention of pollution, the
treatment of waste, the protection and reclamation of
land and water resources, and for eliminating or
minimising the adverse effects on the environment of
Application
for mineral
processing
licence
on of
land and water resources, and for eliminating or
minimising the adverse effects on the environment of
Application
for mineral
processing
licence
114 No. 7 of 2008] Mines and Minerals Development
Cap. 323
Consideration
Of
application
for mineral
processing
(irant of
mineral
processing
licence
the mineral processing operations;
(f) a tax clearance certificate issued under the Income Tax
Act; and
(g) such further information as may be prescribed by the
Director of Geological Survey by statutory instrument. (3) The applicant shall commission and produce to the Director
of Geological Survey an environmental impact study on the proposed
mineral processing operations approved by the Environmental
Council of Zambia. 83. (1) The Minister shall, in considering an application under
section eighty-two take the following matters into account:
(a) that the appl icant has, or has secured access to, adequate
financial r e s o u r c e s , t e c h n i c a l c o m p e t e n c e and
experience to carry on effective mineral processing
operations;
(b) that the applicant has title to the land over which the
application is made;
(c) that the proposed program of mineral processing
operations is adequate and makes proper provision for
environmental protection; and
(d) that the applicant is not in default.
am of mineral processing
operations is adequate and makes proper provision for
environmental protection; and
(d) that the applicant is not in default.
(2) The Minister may cause such investigations to be made or
such consultations to be carried on as the Minister may consider
necessary to assess whether or not the criteria in subsection (1) is
met. (3) The Minister shall reject an application for a mineral
processing licence where—
(a) the Minister considers that the applicant has not met
the requirements under section eighty-two;
(b) the applicant is disqualified from holding a mineral
processing licence under section seven: or
(c) the applicant is the holder of another mineral processing
licence and is in breach of any condition of that licence
or any provision of this Act. (4) The Director of Geological Survey shall, where the Minister
rejects an application under subsection (3) inform the applicant of
the rejection and give the reasons therefor. 84. (1) The Director of Geological Survey shall, within sixty
days of receipt of an application under section eighty-two, where
the applicant meets the requirements of this Act, grant a mineral
processing licence to the applicant, on such terms and conditions
as the Director of Geological Survey may determine. (2) A mineral processing licence shall—
ing licence to the applicant, on such terms and conditions
as the Director of Geological Survey may determine. (2) A mineral processing licence shall—
Mines and Minerals Development [ N o . 7 of 2008 115
(a) state the date of the grant of the licence, the period for
which it is granted and the conditions on which it is
granted;
(b) specify the minerals in respect of which it is granted;
and
(c) include a description and plan of the mineral processing
area. (3) There shall be attached to a mineral processing licence a
programme of mineral processing operations as approved by the
Director of Geological Survey, which shall form part of the
conditions of the licence. (4) In determining the date for the commencement of the
activities under the licence, the Director of Geological Survey shall
take account of the period not exceeding twelve months from the
date of the grant which is required by the applicant to make any
necessary preparation for mineral processing operations. 85. Subject to the other provisions of this Act, a mineral
processing licence shall be valid for a period of fifteen years. 86.
processing operations. 85. Subject to the other provisions of this Act, a mineral
processing licence shall be valid for a period of fifteen years. 86.
A mineral processing licence confers on the holder of the
licence exclusive rights to carry on mineral processing in the mineral
processing area of the minerals specified in the licence and to do
all such other acts and things as are necessary for, or reasonably
incidental to the carrying on of those operations. 87.
ied in the licence and to do
all such other acts and things as are necessary for, or reasonably
incidental to the carrying on of those operations. 87.
(1) A holder of a mineral processing licence shall—
(a) commence mineral processing operations within twelve
months, or such further period as the Director of
Geological Survey may allow from the date of the grant
of the licence;
(b) carry on the mineral processing operations in accordance
with the programme of mineral processing approved by
the Director of Geological Survey;
(c) give notice to the Director of Geological Survey of
mineral recoveries within thirty days of the recovery;
(d) expend on mineral processing operations not less than
the amount prescribed or required by the terms and
conditions of the licence to be so expended; and
(e) submit reports to the Director of Geological Survey on—
(i) sources of ore, concentrates, tailings, slimes or any
other mineral substances fed to the plant;
Duration of
mineral
processing
licence
Rights
conferred by
mineral
processing
licence
Obligations
of holder of
mineral
p r o c e s s i n g
licence
nt;
Duration of
mineral
processing
licence
Rights
conferred by
mineral
processing
licence
Obligations
of holder of
mineral
p r o c e s s i n g
licence
116 N o . 7 of 2008] Mines and Minerals Development
Amendment
of
programme
of
mineral
processing
operations
Transfer of
mineral
processing
licence
(ii) quantities and grade of feed to the plant;
(iii) compliance with safety and environmental
standards;
(iv) labour and production returns as submitted by
the holder of a mining right; and
(v) any other records, reports and other information
as the Director of Geological Survey may require
concerning the operations of the mineral
processing operations. (2) Where there is a disparity between the amount prescribed
or required by the terms and conditions of the licence to be so
expended and what is actually expended, the holder of the mineral
processing licence shall account for the disparity.
nditions of the licence to be so
expended and what is actually expended, the holder of the mineral
processing licence shall account for the disparity.
(3) A person who—
(a) fails to keep any record or information required to be
kept under subsection (2);
(b) fails to supply any record or mineral samples to the
Director, Director of Geological Survey and Director of
Mines and Safety in accordance with subsection (2); or
(c) supplies any false or misleading record or information;
commits an offence and is liable, upon conviction to a
fine not exceeding two hundred thousand penalty units
or to imprisonment for a period not exceeding two years,
or to both. 88. (1) A holder of a mineral processing licence shall apply to
the Director of Geological Survey where the holder intends to make
any amendments to the programme of mineral processing operations. (2) The Director of Geological Survey may, where a holder of
a mineral processing licence applies to the Director of Geological
Survey under subsection (1)—
(a) approve the proposed amendments with or without any
variations, on such terms and conditions as the Director
of Geological Survey may determine; or
(b) reject the application and give the applicant reasons
therefor. 89.
ch terms and conditions as the Director
of Geological Survey may determine; or
(b) reject the application and give the applicant reasons
therefor. 89.
(1) Subject to this section, a mineral processing licence or
any interest therein or any controlling interest in the holder therefor
may be transferred to any other person.
ction, a mineral processing licence or
any interest therein or any controlling interest in the holder therefor
may be transferred to any other person.
and Minerals Development [ No. 7 of 2008 117
(2) A holder of a mineral processing licence who intends to
transfer the mineral processing licence or any interest therein shall-
(a) apply to the Minister at least thirty days before the
intended transfer; and
(b) give to the Minister such details of the transferee as
would be required in the case of an application for a
mineral processing licence. (3) Where the Minister is satisfied that the transferee is not
disqualified under any provision of this Act from holding a mineral
processing licence, the Minister shall notify the applicant of the
approval of the transfer of the mineral processing licence or an
interest therein. (4) Upon the transfer of a mineral processing licence, the
transferee shall assume and be responsible for all the rights, liabilities
and duties of the transferor under the mineral processing licence
for the unexpired period of the licence. (5) Any transaction purporting to transfer any rights under
the mineral processing licence in contravention of this section is
void and of no effect. 90.
Any transaction purporting to transfer any rights under
the mineral processing licence in contravention of this section is
void and of no effect. 90.
(1) A holder of a mineral processing licence may, not
later than ninety days before the expiry of the mineral processing
licence, apply to the Director of Geological Survey for the renewal
of the licence in the prescribed manner and form upon payment of
the prescribed fee. (2) The Director of Geological Survey shall renew a mineral
processing licence for such period, not exceeding fifteen years
where the holder of the licence—
(a) undertakes to carry out during the renewal period, an
adequate programme of mineral processing operations; and
(b) is not in breach of any condition of the licence or any
provision of this Act. 91. Where any holder of a mineral processing licence has
failed to carry out mineral processing operations in accordance
with that holder's proposed programme of mineral processing
operations and for a period of three successive years has recovered
less than fifty per centum of the minerals which should have been
recovered under that holder's estimated recovery rate, the Director
of Geological Survey shall cancel that holder's mineral processing
licence. Renewal of
mineral
processing
licence
Termination
of
mineral
processing
licence for
insufficient
production
that holder's mineral processing
licence. Renewal of
mineral
processing
licence
Termination
of
mineral
processing
licence for
insufficient
production
118 No. 7 of 2008] Mines and Minerals Development
Prohibition
of trading in
gemstones
without
gemstone
sales
certificate
Application
for gemstone
sales
certificate
Grant of
gemstone
sales
certificate
PART VII
GEMSTONE SALES CERTIFICATE
92. (1) A person shall not—
(a) carry on the business of trading in gemstones unless
the person holds a gemstone sales certificate;
(b) in the case of a non-Zambian, conduct gemstone trade
on behalf of a Zambian who is the holder of a gemstone
sales certificate; or
(c) in the case of a Zambian who is a holder of a gemstone
certificate, sub-contract a non-Zambian to conduct the
business of trading in gemstones. (2) A person who contravenes subsection (1) commits an
offence, and is liable, upon conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a period not
exceeding five years, or to both. (3) A person who is not a holder of a valid gemstone sales
certificate commits an offence if that person is found in possession
of uncut and unpolished gemstones.
who is not a holder of a valid gemstone sales
certificate commits an offence if that person is found in possession
of uncut and unpolished gemstones.
(4) A court shall not convict a person under subsection (3)
where the person satisfies the court that—
(a)
(b)
the person is a holder of a large scale or small-scale
gemstone licence under which gemstones are produced;
or
the person acquired possession of the gemstones lawfully
and holds them otherwise than for the purposes of trade. (5) A person convicted of an offence under subsection (3) is
liable to a fine not exceeding five hundred thousand penalty units
or to imprisonment for a term not exceeding five years, or to both. 9 3 . A person may apply for a gemstone sales certificate to the
Director in the prescribed manner and form upon payment of the
prescribed fee. 94. (1) The Director shall, where an application meets the
requirements of this Act, grant a gemstone sales certificate on
such terms and conditions as the Director may determine. (2) A gemstone sales certificate shall be valid for one year
and may be renewed for a further year on payment of the prescribed
renewal fee. (3) A gemstone sales certificate shall not be granted to a non-
Zambian.
d may be renewed for a further year on payment of the prescribed
renewal fee. (3) A gemstone sales certificate shall not be granted to a non-
Zambian.
Mines and Minerals Development [ N o . 7 of 2008 119
95. A holder of a gemstone sales certificate shall, in respect of
any purchase of uncut and unpolished stones located in Zambia—
(a) keep such records as may be prescribed and shall make
the records available at all times for inspection by an
authorised officer; and
(b) submit monthly returns to the Director. Obligations
of holder of
gemstone
sales
certificate
PART VIII
GENERAL PROVISIONS RELATING TO LICENCES AND PERMITS
96. (1) A holder of a mining right other than a holder of a
prospecting licence or a prospecting permit or mineral processing
licence shall apply to the Director of Mines Safety for an annual
operating permit in the prescribed manner and form upon payment
of the prescribed fee. (2) A holder who conducts mining or mineral processing
operations without an annual operating permit issued under
subsection (1) commits an offence and is liable, upon conviction—
(a) to a fine of one million penalty units or to imprisonment
for a period not exceeding ten years, or to both; and
(b) to a fine of fifty thousand penalty units for each day
that the offence continues.
risonment
for a period not exceeding ten years, or to both; and
(b) to a fine of fifty thousand penalty units for each day
that the offence continues.
(3) The Director of Mines Safety may, where a holder of a
mining right or mineral processing licence makes an application
under subsection (1)—
(a) grant an annual operating permit to the holder, where
the application meets the requirements of this Act; or
(b) reject the application if the holder is in breach of any
condition of the licence or permit or any provision of
this Act. (4) The Director of Mines Safety may, where the Director
rejects an application under paragraph (b) of subsection (3), require
the holder of the mining right or mineral processing licence to remedy
any defaults within a specified period before the grant of the annual
operating permit. 97. (1) A holder ofa mining right or mineral processing licence
shall maintain an office in Zambia to which communications may
be sent and shall give notice to the Director, the Director of Mines
Safety and the Director of Geological Survey of that address and
of any changes of that address. Annual
operating
permit
Holder to
have
office in
Zambia
fety and the Director of Geological Survey of that address and
of any changes of that address. Annual
operating
permit
Holder to
have
office in
Zambia
120 No. 7 of 2008] Mines and Minerals Development
Alteration
of
prospecting
area
Alteration
of mining
area
(2) The use by a holder of an office of a consultant or other
agent of the holder for any purpose related to the requirements of
this Act shall not be considered as an office for purposes of
subsection (1). 98. (1) A holder of a prospecting licence or prospecting permit
may, at any time during the currency of the licence or permit re
orientate the prospecting area. (2) Where a holder re-orientates the prospecting area—
(a) no part of the re orientated area shall overlap any area
already subject to another mining right; and
(b) at least twenty five per centum of the re orientated area
shall consist of land that was included in the prospecting
area as it was before the re-orientation.
twenty five per centum of the re orientated area
shall consist of land that was included in the prospecting
area as it was before the re-orientation.
(3) At any time during the currency of a prospecting licence
or prospecting permit, the holder may, with the permission of the
Director of Geological Survey and subject to such conditions as
the Director of Geological Survey may impose in relation to the
prospecting operations to be carried on, increase the size of the
prospecting area:
Provided that the prospecting area, as so increased, shall
not exceed the maximum prescribed under this Act. (4) The rights given under subsections (1) and (3) may be
exercised once during the total period of the currency of the permit
or licence and any renewals thereof. 99. (1) A holder of a large-scale mining licence, large-scale
gemstone licence, small-scale mining licence or small-scale
gemstone licence may, at any time during its currency, apply to the
Director for the alteration of the mining area and the Director may,
subject to this section, approve or reject the application; and
(2) An application under this section shall not be approved
where to do so would prejudice neighbouring mining rights. (3) An alteration of a mining area shall not fall below the
minimum set by regulation for safe and productive mining operations.
ouring mining rights. (3) An alteration of a mining area shall not fall below the
minimum set by regulation for safe and productive mining operations.
(4) An a p p r o v a l under this section may be given
unconditionally or subject to such conditions as Director of Geological
Survey or the Director may determine, and any such conditions
shall be specified in the document signifying approval under this
section.
of Geological
Survey or the Director may determine, and any such conditions
shall be specified in the document signifying approval under this
section.
Mines and Minerals Development [ No.7 of 2008 121
(5) An approval under this section, together with any conditions
to which it is subject, shall be endorsed on the applicant's licence
and the licence shall be deemed to be amended in accordance with
the endorsement. 100. (1) If, after inquiry, the Minister considers that the best
interest of the Republic or of the holders of mining licences covering
contiguous or neighbouring mining areas will be served with regard
to the economic exploitation of minerals by the merging or co-
ordination of all or part of the operations of such holders, the Minister
may direct the holders to effect such merger or co-ordination within
such time and on such terms as the Minister shall specify and the
holders shall comply with such directions. (2) The Minister shall, before giving any direction under
subsection (1), afford the holders of the mining licences concerned
a reasonable opportunity to make representations to the Minister
in writing. 101.
subsection (1), afford the holders of the mining licences concerned
a reasonable opportunity to make representations to the Minister
in writing. 101.
(1) A holder of a licence or permit who wishes to abandon
all or any part of the land subject to the licence or permit shall
apply to the Director or the Director of Geological Survey, as the
case may be; not later than ninety days before the date on which
the holder wishes the abandonment to have effect, for a certificate
of abandonment. (2) Subject to this section, the Director or the Director of
Geological Survey, as the case may be; shall issue to the applicant
a certificate of abandonment either unconditionally or subject to
such conditions relating to the abandoned land as the Director or
the Director or the Director of Geological Survey, as the case may
be; may determine.
uch conditions relating to the abandoned land as the Director or
the Director or the Director of Geological Survey, as the case may
be; may determine.
(3) An application under this section—
(a) shall identify the land to be abandoned and, if the
application applies to only a part of the land subject to
the licence or permit, shall include a plan clearly
identifying both the part to be abandoned and the part to
be retained;
(b) shall state the date on which the applicant wishes the
abandonment to take effect;
(c) shall give particulars of the operations which have been
carried on under the licence or permit onthe land to be
abandoned; and
(d) shall be supported by such records and reports in relation
to those operations as the Director or the Director of
Geological Survey, as the case may be; may require. (4) A certificate of abandonment shall take effect on the date
on which it is granted to the applicant, and
Mergers or
coordination
of mining
operations
Abandonment
of land
subject to
licence or
permit
on the date
on which it is granted to the applicant, and
Mergers or
coordination
of mining
operations
Abandonment
of land
subject to
licence or
permit
122 No. 7 of 2008] Mines and Minerals Development
Suspension
or
cancellation
ofmining
right or non-
mining right
(a) where the certificate relates to the whole of the land
subject to the holder's licence or permit, the licence or
permit shall be cancelled with effect from the same date;
and
(b) in any other case, the licence or permit shall be amended
to take account of the abandonment. (5) The abandonment of any land does not affect any liability
incurred before the date on which the abandonment has effect in
respect of the land, and any legal proceedings that might have been
commenced or continued in respect of any liability against the
applicant for the certificate may be commenced or continued against
that applicant. 102.
ommenced or continued in respect of any liability against the
applicant for the certificate may be commenced or continued against
that applicant. 102.
(1) Subject to this section, the Director or the Director of
Geological Survey, as the case may be; shall cancel a mining right
or non-mining right where the holder of the mining right or non-
mining right—
(a) contravenes a condition of the mining right or non-mining
right;
(b) fails to comply with any requirement of this Act relating
to the mining right or non-mining right;
(c) fails to comply with a direction lawfully given under this
Act;
(d) fails to comply with a condition on which any certificate
of abandonment is issued or on which any exemption or
consent is given under this Act;
(e) is convicted on account of safety, health or environmental
matters;
(f) in the case of a large-scale mining licence or large-scale
gemstone licence, the holder has failed to carry on mining
operations in accordance with the proposed plan of
mining operations and the gross proceeds of sale of
minerals from an area subject to such licence in each of
any three successive years is less than half of the deemed
turnover application to that licence in each of those years;
and;
(g) is convicted on giving of false information on recovery
of ores and mineral products, production costs or sales.
ence in each of those years;
and;
(g) is convicted on giving of false information on recovery
of ores and mineral products, production costs or sales.
(2) The Director or Director of Geological Survey, as the case
may be; may, before cancelling a mining right or non-mining right,
suspend the mining right or non-mining right on such terms and
conditions as the Director or Director of Geological Survey, as the
case may be; may determine. (3) The Director or Director of Geological Survey, as the case
may be; shall not suspend or cancel a mining right or non-mining
right on grounds referred to in any of paragraphs (a) to (c) of
subsection (1) unless—
(a) the Director or Director of Geological Survey, as the
case may be; has first served on the holder a default
notice specifying the grounds on which the mining right
or non-mining right may be suspended or cancelled; and
as first served on the holder a default
notice specifying the grounds on which the mining right
or non-mining right may be suspended or cancelled; and
Mines and Minerals Development [ No. 7 of 2008 123
(b) the holder has failed within a period of sixty days from
the date on which the default notice was served, or
such longer period as the Director or Director of
Geological Survey, as the case may be; may allow, to
remedy the default specified, or where such default is
not capable of being remedied, has failed to pay such
compensation therefor as the Director or Director of
Geological Survey, as the case may be; may determine. (4) The Director or Director of Geological Survey, as the case
may be; shall not suspend or cancel a mining right or non-mining
right on the ground referred to in paragraph (d) of subsection (1)
if, within a period of sixty days from the date on which the default
upon which the default notice was served, or such longer period as
the Director or Director of Geological Survey, as the case may be;
may allow the holder, in addition to paying the amount overdue,
pays interest on that amount at the prescribed rate.
gical Survey, as the case may be;
may allow the holder, in addition to paying the amount overdue,
pays interest on that amount at the prescribed rate.
(5) The Director or Director of Geological Survey, as the
case may be; may, by notice in writing to a holder of a mining right
or non-mining right, cancel the mining right or non-mining right on
the occurrence of an event which, as provided by section seven
renders the holder ineligible to hold a mining right or non-mining
right. (6) On the cancellation of a mining right or non-mining under
this section, the rights of the holder thereunder cease, but the
cancellation does not affect any liability incurred before
cancellation, and any legal proceedings that might have been
commenced or continued against the holder may be commenced
or continued against that holder. 103.
tion, and any legal proceedings that might have been
commenced or continued against the holder may be commenced
or continued against that holder. 103.
W h e r e -
t o the holder of a mining right or non-mining right applies,
during its currency, for a renewal of the mining right or
non-mining right;
(b) the holder of a prospecting licence applies, during the
currency of the licence, for a large scale mining licence
over all or part of the prospecting area; or
(c) the holder of a prospecting permit applies, during the
currency of the permit, for a small scale mining licence
over all or part of the prospecting area; the current mining
right or non-mining right shall continue in force until the
date of the renewal or grant for which application is
made or until the application is refused. 104. (1) A company that holds a mining right or a mineral
processing licence shall not, after the date of the grant of the right
or licence, without the written consent of the Minister—
Transitional
extension of
mining right
or
non-mining
right
pending
certain
applications
Transfer of
control
of company
ritten consent of the Minister—
Transitional
extension of
mining right
or
non-mining
right
pending
certain
applications
Transfer of
control
of company
124 No. 7 of 2008] Mines and Minerals Development
Cap. 388
Surrender
of records on
termination
o f mining
right
(a) register the transfer of any share or shares in the
company to any particular person or that person's
nominee; or
(b) enter into an agreement with any particular person, if
the effect of doing so would be to give that person control
of the company. (2) On an application for consent under this section, the
Minister may call for and obtain such information as is reasonably
necessary, but such consent shall not be unreasonably withheld. (3) For the purposes of this section—
(a) a person is deemed to have control of a company—
(i) if the person or that person's nominee holds, or
the person and that person's nominee together
hold, a total of fifty per centum or more of the
equity shares of the company; or
(ii) if the person is entitled to appoint, or to prevent
the appointment of. half or more than half of
the number of Directors of the company; and
(b) " equity shares '" has the meaning assigned to it in the
Companies Act. 1 0 5 .
f or more than half of
the number of Directors of the company; and
(b) " equity shares '" has the meaning assigned to it in the
Companies Act. 1 0 5 .
( 1 ) Where—
(a) a mining right terminates by abandonment, curtailment,
suspension, cancellation or other action under this Act;
or
(b) the term of a licence granted under Part III expires;
the person who was the holder of the mining right immediately
before the termination or expiration shall deliver to the Director or
Director of Geological Survey and Director of Mines Safety—
(i) all records which the former holder maintained
under this Act with respect to the licence;
(ii) all plans or maps of the area of land that was
subject to the mining right and which were
prepared by or on the instructions of the former
holder; and
(iii) such other documents as the Director or
Director of Geological Survey and Director of
Mines Safety may, by notice given to the former
holder, require the former holder to so deliver. (2) Except as provided by sub-section (1), where a mining
right granted under this Act terminates or expires, the person who
was the holder of the right shall deliver to the local office all records
which the person was required to keep under this Act and all plans
or maps of the prospecting or mining operations on such area.
al office all records
which the person was required to keep under this Act and all plans
or maps of the prospecting or mining operations on such area.
Mines and Minerals Development [ N o . 7 of 2008 125
106.(1) A person shall not import or export through the
Republic any mineral, ore or mineral product without a permit issued
by the Director. (2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction—
(a) in the case of an individual, to a fine of five hundred
thousand penalty units or to imprisonment for a term not
exceeding five years, or to both; and
(b) in the case of a body corporate or un-incorporate body
to a fine of one million penalty units. (3) A person intending to import or export through the Republic
any mineral, ore or mineral product shall apply for a permit to the
Director in the prescribed manner and form upon payment of the
prescribed fee.
lic
any mineral, ore or mineral product shall apply for a permit to the
Director in the prescribed manner and form upon payment of the
prescribed fee.
(4) The Director shall consider the following in evaluating an
application for an import or export permit:
(a) production by the applicant of a mineral analysis
certificate issued by the Director of Geological Survey;
a verification report from the Commissioner-General of
the payment of the mineral royalty made by the source
of the mineral, ore or mineral product;
security clearance by the Zambia Police Force;
the production returns made in respect of the mineral,
ore and mineral products by the holder;
the validity of the mining right or mineral processing
licence which is the source of the mineral, ore or mineral
product; and
any other requirement or information that the Director
may consider necessary. (5) The Director shall consider—
(a) the applicants compliance with the requirements of the
Ionising Radiation Protection Act; and
such matters as the Minister may, by statutory instrument
prescribe in considering an application to import or export
minerals, ore or mineral products. Export,
import, etc. of minerals
(b)
(c)
(d)
(e)
(f)
(b)
Act No. 16
of 2005
ring an application to import or export
minerals, ore or mineral products. Export,
import, etc. of minerals
(b)
(c)
(d)
(e)
(f)
(b)
Act No. 16
of 2005
126 No. 7 of 2008] Mines and Minerals Development
Prohibition
of
acquisition,
selling, etc. of
radioactive
minerals
Application
to export,
sell. etc. radioactive
minerals
Act N o . of 2005
107. (1) A person shall not acquire, store, transport, sell or
export any radioactive mineral except under and in accordance
with the terms and conditions of a consent granted by the Minister
or in accordance with a large-scale mining licence to mine
radioactive minerals. (2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine of one million penalty
units or to imprisonment for a term not exceeding ten years, or to
both. 108. (1) An application for consent to acquire, store, transport,
sell or export radioactive minerals shall be made to the Minister in
the prescribed manner and form upon payment of the prescribed
fee. (2) The Minister shall, where an application made under
subsection (1) meets the requirements of this Act, give consent to
the acquisition, storage, transportation, selling or export of the
radioactive minerals in respect of which the application is made,
on such terms and conditions as the Minister may determine.
selling or export of the
radioactive minerals in respect of which the application is made,
on such terms and conditions as the Minister may determine.
(3) The Minister shall reject an application made under
subsection (1) where it does not meet the requirements of this Act. (4) The Minister shall not give consent to the application under
this section unless the applicant is in possession of a licence issued
by the Radiation Protection Authority under the Ionising Radiation
Protection Act. Insurance
and
indemnites
109. (1)
licence shall-
A holder of a mining right or mineral processing
(a) obtain, and maintain at all times during the lifetime of
the mining right or mineral processing licence and for
the prescribed period thereafter; and
obtain, and maintain at all times during the lifetime of
the mining right or mineral processing licence and for
the prescribed period thereafter; and
Mines and Minerals Development [No. 7 of 2008 127
(b) cause its contractors to obtain and maintain at all times;
insurance coverage, within the Republic, in such amounts and against
such risks as may be prescribed by the Minister, by statutory
instrument, and shall furnish to the Minister the certificates
evidencing that such coverage is in effect and provide copies of
any policies requested. {!) A statutory instrument made under subsection (1) shall
include requirements for such insurance coverage as it is
internationally recognised to obtain in the mining industry in
accordance with good mining industry practice. (3) A holder of a mining right or mineral processing licence
shall, if so directed by the Director by a notice in writing, obtain
and maintain in force in respect of the mining operations carried
on by the holder, such insurance cover as the Director may consider
reasonably necessary in the public interest.
pect of the mining operations carried
on by the holder, such insurance cover as the Director may consider
reasonably necessary in the public interest.
(4) A holder of a mining right or mineral processing licence
shall indemnify, defend and hold the Republic harmless against all
actions, claims, demands, injury, losses or damages of any nature
whatsoever, including, without limitation, claims for loss or damage
to property or injury or death to persons, resulting from any act or
omission in the conduct of mining operations or mineral processing
operations by or on behalf of the holder. (5) The indemnity referred to under subsection (4) shall not
apply to the extent, if any, that any action, claim, demand, loss,
damage or injury resulted from any direction given by, or wrongful
act committed, on behalf of the Republic. (6) Any person who contravenes subsection (1) or (3) commits
an offence and shall be liable, upon conviction to a penalty of one
million penalty units and to a further penalty twenty thousand penalty
units for each day the contravention continues. 110.
iction to a penalty of one
million penalty units and to a further penalty twenty thousand penalty
units for each day the contravention continues. 110.
Any person who, without reasonable excuse, obstructs Obstruction
or hinders a holder of a mining right from doing any act which the of holder of
holder is authorised to do by this Act commits an offence and is mining right
liable, upon conviction, to a fine not exceeding two hundred thousand
penalty units or to imprisonment for a term not exceeding two
years, or to both.
liable, upon conviction, to a fine not exceeding two hundred thousand
penalty units or to imprisonment for a term not exceeding two
years, or to both.
128 No. 7 of 2008] Mines and Minerals Development
Production
of
information
111. (1) The Director, the Director of Mines Safety or the
Director of Geological Survey may direct a holder of a mining right
or mineral processing licence, at a reasonable time and place
specified in the direction, to make available to, or to produce for
inspection by, themselves or an authorised officer at the local office
any books, accounts, vouchers, documents or records of any kind
relating to the mining right or mineral processing licence, and the
holder of the mining right or mineral processing licence shall comply
with the direction. (2) A holder who contravenes subsection (1) commits an
offence and is liable, upon conviction—
(a) in the case of an individual—
(i) to a fine of five hundred thousand penalty units or
to imprisonment not exceeding five years, or to
both; and
(ii) to an additional fine often thousand penalty units
for each day that the contravention continues;
and
(b) in the case of a body corporate—
(i) to a fine of one million penalty units; and
(ii) to an additional fine of fifty thousand penalty units
for each day that the contravention continues.
to a fine of one million penalty units; and
(ii) to an additional fine of fifty thousand penalty units
for each day that the contravention continues.
(3) Where the Director, the Director of Mines Safety or the
Director of Geological Survey has reason to believe that a person
is capable of giving information or producing or making available
books or documents relating to minerals obtained, or the value of
minerals obtained, the Directors may, by notice in writing served
on that person, require that person—
(a) to furnish to them in writing, within the period and in the
manner specified in the notice, any such information;
(b) to attend before them or a person specified in the
instrument, at a time and place so specified, and there
to answer questions relating to minerals obtained or the
value of minerals obtained; or
(c) to make available to a person specified in the instrument,
at a time and place so specified, books or documents in
that person's custody or power relating to minerals
obtained or the value of minerals obtained. (4) Where books or documents are made available as required
under this section, the person to whom the books or documents are
made available may make copies of, or take extracts from, the
books or documents.
ed
under this section, the person to whom the books or documents are
made available may make copies of, or take extracts from, the
books or documents.
Mines and Minerals Development [No. 7 of 2008 129
(5) A person who contravenes subsection (3) to the extent to
which the person is capable of complying with it, commits an offence
and is liable, upon conviction, to a fine not exceeding two hundred
thousand penalty units or to imprisonment for a term not exceeding
two years, or to both. 112.
e, upon conviction, to a fine not exceeding two hundred
thousand penalty units or to imprisonment for a term not exceeding
two years, or to both. 112.
(1) The Director shall maintain or cause to be maintained Register
a Register showing—
(a) the details of the holders of mining rights and non-mining
rights under this Act;
(b) the type of mining rights and non mining rights granted to
persons under this Act;
(c) the full description, with geographical coordinates, of the
areas of land over which mining rights are granted;
(d) the date of issue and duration of mining rights and non-
mining rights;
(e) the minerals for which the mining rights and non-mining
rights are granted;
(J) any amendments to, transfer or termination of mining rights
and non-mining rights;
(g) every programme of prospecting, mining or mineral
processing operations and every amendment thereto;
(h) every renewal of mining rights and non-mining rights and
the conditions of the renewal;
(i) every certificate of abandonment issued under this Act;
(j)every local business development plan submitted under this
Act; and
(I) every employment and training plan submitted under this
Act. 113.
this Act;
(j)every local business development plan submitted under this
Act; and
(I) every employment and training plan submitted under this
Act. 113.
Any person may, upon payment of the prescribed fee, Inspection of
inspect the Register kept under section one hundred and twelve register
and may obtain certified copies of any document contained therein. 114. (1) Subject to subsection (2), the Minister may, by statutory Power to
order, close to prospecting, any area described in the order in respect c l o s e a r e a t 0
of all minerals, or in respect of the minerals named in the order. prospecting
(2) The Minister shall not close to prospecting any area covered
by a mining right in respect of the minerals to which the mining right
relates. (3) The Director shall enter in the Register a record of any
area closed to prospecting.
in respect of the minerals to which the mining right
relates. (3) The Director shall enter in the Register a record of any
area closed to prospecting.
130 No. 7 of 2008] Mines and Minerals Development
P A R T I X
SAFETY, HEALTH AND ENVIRONMENTAL
PROTECTION
Environment
and human
health to be
considered
when granting
mining rights
or mineral
processing
licences
Conditions for
protection of
environment
and human
health
115. The Director or Director of Geological Survey shall, in
deciding whether or not to grant any mining right or mineral
processing licence, take into account—
(a) the need to conserve and protect—
(i) the air, water, soil, flora, fauna, fish, fisheries and
scenic attractions; and
(ii) the features of c u l t u r a l , a r c h i t e c t u r a l ,
archaeological, historical or geological interests;
and
(b) the need to ensure that any mining or mineral processing
activity prevents any adverse socio-economic impact
or harm to human health; in or on the land over which
the right or licence is sought, and the Director or Director
of Geological Survey may, in consultation with the
Environmental Council of Z a m b i a , cause such
environmental impact studies and other studies to be
carried out as the Director or Director of Geological
Survey considers necessary to enable such a decision
to be made. 116.
es and other studies to be
carried out as the Director or Director of Geological
Survey considers necessary to enable such a decision
to be made. 116.
(1) The conditions subject to which the mining right is
granted or renewed shall include such conditions as may be
prescribed by the Minister, by statutory instrument, or as the Minister
may, in a particular case, otherwise determine, in relation to
(a) the conservation and protection of
(i) the air, water, soil, flora, fauna, fish, fisheries and
scenic attractions; and
(ii) the features of c u l t u r a l , a r c h i t e c t u r a l ,
archaeological, historical or geological interest;
in or on the land subject to the right or licence;
(b) the protection of human health, in consultation with the
Minister responsible for health;
(c) the rehabilitation, levelling, re grassing, re foresting or
contouring of such part of the land over which the right
or licence has effect as may have been damaged or
adversely affected by prospecting operations, mining
operations or mineral processing operations; and
(d) the filling in, sealing or fencing off of excavations, shafts
and tunnels.
ing operations, mining
operations or mineral processing operations; and
(d) the filling in, sealing or fencing off of excavations, shafts
and tunnels.
Mines and Minerals Development [No. 7 of 2008 131
(2) Any conditions of the kind referred to in subsection (1)—
(a) shall conform to specifications and practices established
by national standards for the management of the
environment as it is affected by mining or mineral
processing operations; and
(b) shall include requirements for the lodgment, by an applicant
for the grant or renewal of a licence or permit, of one or
more cash deposits for securing the performance by
such applicant of all or any such conditions. 117. (1) The Director of Mines Safety in consultation with the
Environmental Council of Zambia may cause to be served on a
person who is or has been aholder of a mining right or mineral
processing licence, a written notice directing the person to take
specified steps within a specified time, to give effect to any conditions
included in an environmental management plan, or otherwise
attaching to the right, for the protection of the environment.
ive effect to any conditions
included in an environmental management plan, or otherwise
attaching to the right, for the protection of the environment.
Direction to
comply
with
conditions
of mining
right or
mineral
processing
licence
(2) Any person who fails to comply with a direction served
under subsection (1) commits an offence and is liable, upon
conviction, to a fine not exceeding one million penalty units. 118. (1) The Director of Mines Safety may, where a person
to whom a direction is given under section one hundred and
seventeen fails to comply with the direction, cause the necessary
steps to be taken to execute it, and the costs thereof and incidental
thereto shall be a debt due to the Republic from the person to
whom the direction was given and shall be recoverable in any court
of competent jurisdiction on behalf of the Republic. (2) A certificate signed by the Director of Mines Safety stating
that a specified amount is the amount of the debt so due shall be
admissible as evidence in all courts for the recovery of debts due
to the Republic under subsection (1). (3) A debt due to the Republic under this section is recoverable
whether or not the person by whom it is due is prosecuted or
convicted of an offence under this Part. 119.
Republic under this section is recoverable
whether or not the person by whom it is due is prosecuted or
convicted of an offence under this Part. 119.
(1) A holder of a mining right or mineral processing licence
over land that ceases to be subject to the mining right or mineral
processing licence—
(a) may, within the prescribed period; and
(b) shall, if directed to do so by the Director of Mines Safety
by notice in writing, within the period specified in the
notice;
Rehabilitation
by Director of
Mines Safety
at holder's
expense
Clearing
away of
mining plant
or mineral
processing
plant
riod specified in the
notice;
Rehabilitation
by Director of
Mines Safety
at holder's
expense
Clearing
away of
mining plant
or mineral
processing
plant
132 N o . 7 of 2008] Mines and Minerals Development
cause to be removed from the land any mining or mineral processing
plant brought onto, or erected upon that land in the course of
mining or mineral processing operations carried out under the mining
right or mineral processing licence. (2) The Director of Mines Safety may give adirection under
this section even though the prescribed period has not expired. (3) In this section, "prescribed period" means a period of six
months from the date on which the land ceased to be subject to the
right or such longer period as the Director of Mines Safety, with
the consent of the Minister, may, in any particular case, allow. Saleofmining 120. (1) Where any mining plant or mineral processing plant is
plant or n o t <juiy removed under section one hundred and nineteen, the
mineral Director of Mines Safety may direct that the mining plant or mineral
processing . , , . p l a n ! processing plant be sold by public auction. (2) Any mining plant or mineral processing plant remaining unsold
after the public auction under subsection (1) has been held, may be
sold by private treaty.
mining plant or mineral processing plant remaining unsold
after the public auction under subsection (1) has been held, may be
sold by private treaty.
(3) The following amounts shall be deducted from the proceeds
of any sale under subsection (2):
(a) the costs of the sale and of any matter incidental to or
connected with the sale;
(b) the costs of removing from the land any mining plant or
mineral processing plant remaining unsold after the public
auction;
(c) any amount owing in respect of compensation payable
under Part XI;
(d) any other amount that the Director of Mines Safety
certifies to be a deductible amount. (4) Any balance remaining shall be paid to the Minister
responsible for finance, who shall credit the same to a trust account,
and who may, on application, pay it to any person who is lawfully
entitled to it. (5) Where no person applies to the Minister under subsection
(4) within a period of ninety days, the balance shall be paid to the
revenues of the Republic. (6) Where the proceeds of sale are less than the amounts to
be deducted—
(a) the shortfall shall be a debt due to the Republic from the
person to whom the relevant direction was given and
shall be recoverable in any court of competent
jurisdiction; and
debt due to the Republic from the
person to whom the relevant direction was given and
shall be recoverable in any court of competent
jurisdiction; and
Mines and Minerals Development [No. 7 of 2008 133
(b) the proceeds of sale shall be applied in meeting those
amounts in such manner as the Minister may direct. (7) A debt due to the Republic under this section is recoverable
whether or not the person by whom it is due is prosecuted or
convicted of an offence under this Part. 121. (1) Where the Director of Mines Safety considers that Wasteful
a holder of a mining right is using wasteful mining practices, the m i n i n
8
Director of Mines Safety shall— practices
(a) give notice to the holder specifying the particulars of the
wasteful mining practices;
(b) request the holder to cease the wasteful mining practices
and remedy any damage caused by the practices; and
(c) require the holder to reply in writing showing cause, within
a time specified by the notice, why the holder's licence
should not be revoked. (2) The Director of Mines Safety shall, where a holder fails,
within the time specified in the notice, to cease using the wasteful
mining practices or to remedy any damage caused by the wasteful
mining practice, cancel the licence. 122.
d in the notice, to cease using the wasteful
mining practices or to remedy any damage caused by the wasteful
mining practice, cancel the licence. 122.
(1) There shall be an Environmental Protection Fund, Environmental
which shall be administered and managed in such manner as the Protection
Minister may, by statutory instrument, prescribe. F u n d
(2) There shall be paid into the Fund the amount of any cash
deposit referred to in section one hundred and sixteen.
ry instrument, prescribe. F u n d
(2) There shall be paid into the Fund the amount of any cash
deposit referred to in section one hundred and sixteen.
(3) Moneys from the Fund may be applied —
(a) at the expiry or termination of a licence or permit by way
of refund to the holder thereof of the amount of any
cash deposits referred to in section one hundred and
sixteen that were paid by the holder, to the extent that
such moneys are not appropriated under paragraph (b);
or
(b) to the payment of any debt due under subsection (1) of
section one hundred and eighteen or under subsection
(6) of section one hundred and twenty to the extent
that the debt is not paid by or recovered from, the person
from whom it is due, and regardless of whether
proceedings have been taken against that person for an
offence under this Part or for the recovery of the debt:
Provided that, in the case of any particular debtor,
the amount of any moneys expended under this
paragraph for or toward the satisfaction of the
person's debts shall not exceed the amount of any
cash deposits referred to in section one hundred and
sixteen that were lodged by that person.
of the
person's debts shall not exceed the amount of any
cash deposits referred to in section one hundred and
sixteen that were lodged by that person.
134 No. 7 of 2008] Mines and Minerals Development
(4) Moneys standing to the credit of the Fund that are not
immediately required for the purposes of the Fund may be invested
in such manner as the Minister, with the approval of the Minister
responsible for finance, may determine. Liability and 123. (1) A holder shall be strictly liable for any harm or damage
redress caused by mining operations or mineral processing operations and
shall compensate any person to whom the harm or damage is
caused. (2) Liability shall attach to the person who directly contributes
to the act or omission which results in the harm or damage. (3) Where there is more than one person responsible for the
harm or damage, the liability shall be joint and several. (4) Where any harm or damage is caused to the environment
or biological diversity, compensation shall include the cost of
reinstatement, rehabilitation or clean-up measures which are
incurred and where applicable, the costs of preventive measures.
hall include the cost of
reinstatement, rehabilitation or clean-up measures which are
incurred and where applicable, the costs of preventive measures.
(5) Liability shall also extend to—
(a) any harm or damage caused directly or indirectly by the
mining operations or mineral processing operations to
the economy or social cultural conditions;
(b) any negative impact on the livelihood or indigenous
knowledge systems or technologies of any community;
(c) any disruption or damage to any production or agricultural
system;
(d) any reduction in yields of the local community;
(e) any air, water or soil contamination or damage to biological
diversity;
(f)my damage to the economy of an area or community; or
(g) any other consequential disorder. (6) Notwithstanding any other law to the contrary, the right to
bring any action in respect of harm caused by mining operations or
mineral processing operations shall lapse after a reasonable period
from the date on which the affected person or the community could
reasonably be expected to have learned of the harm or damage,
taking due account of—
(a) the time the harm or damage may take to manifest itself;
and
(b) the time that it may take to correlate the harm with the
mining operations, having regard to the situation or
circumstance of the person or community affected.
that it may take to correlate the harm with the
mining operations, having regard to the situation or
circumstance of the person or community affected.
Mines and Minerals Development [No.* 7 of 2008 135
(7) Any person, group of persons or any private or state
organisation may bring a claim and seek redress in respect of the
breach or threatened breach of any provision relating to damage to
the environment, biological diversity, human and animal health or
to socio-economic conditions—
(a) in that persons or group of person's interest;
(b) in the interest of or on behalf of, a person who is, for
practical reasons, unable to institute such proceedings;
(c) in the interest of, or on behalf of, a group or class of
person whose interests are affected;
(d) in the public interest; and
(e) in the interest of protecting the environment or biological
diversity. (8) No costs shall be awarded against any of the persons
specified under subsection (7) who fail in any action if the action
was instituted reasonably out of concern for the public interest or
the interest of protecting human health, biological diversity and in
general, the environment.
ed reasonably out of concern for the public interest or
the interest of protecting human health, biological diversity and in
general, the environment.
(9) Where any harm or damage is caused to human and animal
health by mining operations or mineral processing operations,
compensation shall include—
(a) any costs and medical expenses;
(b) compensation for any disability suffered; and
(c) compensation for loss of life. PART X
GEOLOGICAL SERVICES AND MINERAL ANALYSIS
124. (1) The Director of Geological Survey shall— Responsibilities
ofDirector
of Geological
(a) advise the Minister on geological matters; Survey
(b) undertake the geological mapping of Zambia;
(c) undertake prospecting and exploration operations on behalf
of the Republic;
(d) be responsible for—
(i) granting preliminary investigation rights, prospecting
permits, prospecting licences and mineral processing
licences;
(ii) promotion of value addition to minerals and metals; and
(iii) regulating, prospecting, mineral processing and value
addition activities;
(e) provide data concerning the geology and mineral resources
of Zambia, and generally assist members of the public
seeking information concerning geological matters; and
(f) maintain such laboratory, library and record facilities as
may be necessary for the performance of the functions
under this Act.
ical matters; and
(f) maintain such laboratory, library and record facilities as
may be necessary for the performance of the functions
under this Act.
136 No. 7 of 2 0 0 8 | Mines and Minerals Development
Geological
survey,
mapping and
prospecting
on behalf of
Republic
(2) The Director of Geological Survey shall beresponsible for
analysing minerals and mineral products and issuing mineral analysis
certificates and valuation certificates in respect of—
(a) applications for the import or export of minerals, mineral
products or samples;
(b) minerals or mineral products in storage within the Republic;
and
(c) minerals or mineral products at mines or mineral
processing plants. (3) The mineral analysis certificate issued by the Director of
Geological Survey under subsection (1) shall be admissible as
evidence in the assessment of royalty and other payments due to
the Government. 125.
of
Geological Survey under subsection (1) shall be admissible as
evidence in the assessment of royalty and other payments due to
the Government. 125.
The Director of Geological Survey or an authorised officer
may, for the purpose of carrying out the geological mapping of
Zambia or any part thereof—
(a) enter at all reasonable hours upon any land with such
persons, animals, vehicles, appliances, instruments and
materials as are necessary for such survey;
(b) break up the surface of any part of any land for the purpose
of ascertaining the rocks or minerals within or under
the same;
(c) take and carry away samples and specimens of the soil,
rocks or minerals found therein;
(d) fix any post, stone, mark or object to be used in the survey
of the land;
(e) dig up any ground for the purpose of fixing any post, stone,
mark or object; and
09 enter into or upon any land through which it may be
necessary to pass for the purpose of the survey:
Provided that:
(i) the Director of Geological Survey or authorised
officer shall not fix any object, post, stone or
mark with any walled or fenced garden or
orchard without the consent of the owner or
occupier thereof;
fficer shall not fix any object, post, stone or
mark with any walled or fenced garden or
orchard without the consent of the owner or
occupier thereof;
Mines and Minerals Development [No. 7 of 2008 137
(ii) notice in writing of the intention to exercise
any of the powers conferred by this
subsection shall be given in the Gazette and
in a newspaper of general circulation in the
area where the land is situated, at least
fourteen days before the exercise of the
powers, unless the land is State land that has
been alienated by the President in
accordance with the Lands Act; Cap. 184
(iii) as little damage and inconvenience as possible
shall be caused by the exercise of any of the
powers conferred by this subsection; and
(iv) before abandoning any land, all excavations
opened shall be backfilled. (a) a mineral analysis laboratory without an annual mineral
analysis laboratory permit granted by the Director of
Geological Survey; and
(b) a geological or mining consultancy firm without an annual
consultancy permit granted by the Director of Geological
Survey. (2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a term not
exceeding five years, or to both.
iable, upon conviction to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a term not
exceeding five years, or to both.
(3) A person shall apply for a permit under this section in the
prescribed manner and form upon payment of the prescribed fee. (4) In evaluating an application for a permit, the Director of
Geological Survey shall take into account—
(a) the professional qualifications and membership of the
key personnel of the laboratory or firm;
(b) the registration of the firm under the relevant laws;
(c) the conduct of the firm and its personnel;
(d) the quality of services to be offered by the laboratory or
126. (1) A person shall not operati Prohibition of
operation of
mineral
analysis
laboratory and
geological or
mining
consultancy
firm without
permit
firm; and
A person shall not operati Prohibition of
operation of
mineral
analysis
laboratory and
geological or
mining
consultancy
firm without
permit
firm; and
138 No. 7 of 2008] Mines and Minerals Development
(e) the applicant's compliance with the relevant requirements
of this Act or regulations made under it or any other
written law. PART XI
MINING RIGHTS AND SURFACE RIGHTS
Restrictions 127. (1) A holder of a licence or permit shall not exercise
ento^by^ a n
^ r
' § n t s u n c
^ e r m
i s Act or the licence or permit—
holder of
licence or
permit
(a) without the written consent of the appropriate authority,
upon
(i) any land dedicated as a place of burial whether in
use or not;
(ii) any land containing any ancient monument or
national monument, as defined in the National
Cap.
icated as a place of burial whether in
use or not;
(ii) any land containing any ancient monument or
national monument, as defined in the National
Cap.
173 Heritage Conservation Commission Act;
(iii) any land which is the site of or within ninety
metres of any building or dam owned by the
Republic; or
(iv) any land forming part of a Government aerodrome
as defined in the Air Navigation Regulations
C A P 444 made under the Aviation Act;
(b) without the written consent of the owner or legal occupier
thereof or the duly authorised agent—
(i) upon any land which is the site of or which is within
one hundred and eighty metres of any inhabited,
occupied or temporarily uninhabited house or
building;
(ii) within forty five metres of any land which has
been cleared or ploughed or otherwise prepared
in good faith for growing of farm crops or upon
which farm crops are growing;
(iii) upon any land which is the site of or is within
ninety metres of any cattle dip, tank, dam or
Cap. 198 any private water as defined in the Water Act;
or
on any land which is the site of or is within
ninety metres of any cattle dip, tank, dam or
Cap. 198 any private water as defined in the Water Act;
or
Mines and Minerals Development [No. 7 of 2008 139
(iv) upon any land forming part of an aerodrome, other
than an aerodrome referred to in sub paragraph
(iv) of paragraph (a):
Provided that where any consent required
under this subsection is unreasonably
withheld, the Director may arrange for
arbitration of the matter in accordance with
section one hundred and thirty-one;
(c) upon land occupied as a village, without the written consent
of thechief and the local authority for the district in which
the village is situated;
(d) without the written consent of the railway administration,
upon any land reserved for the purposes of any railway
track or within one hundred metres of any railway track;
(e) without the written consent of the appropriate authority
or the local authority concerned, upon any land within,
or within sixty metres of the boundaries of, any city,
municipality or district for which acouncil is established
under the provisions of the Local Government Act;
# ) without— Cap.
oundaries of, any city,
municipality or district for which acouncil is established
under the provisions of the Local Government Act;
# ) without— Cap.
281
(i) the written consent of the appropriate authority,
upon any land used as a forest nursery or
plantation or as a timber depot, sawmill or other
installation for working a forest; and
(ii) due compliance with the relevant provisions of
the Forests Act, upon any land declared to be a
national forest or local forest, as defined in that
Act; Cap. 199
(g) upon any street, road or highway, without the written
consent of the appropriate authority or the public body
which has the control thereof;
(h) upon any land comprised in a National Park or game
management area without complying with the Zambia
Wildlife Act;
(i) upon any land that, under theTown and Country Planning Act No. 12
Act, cannot be developed without permission, unless the o f 1 9 9 8
requisitepermission is first obtained. (2) Any consent given for the purposes of this section by the
Director or the appropriate authority may be given unconditionally
or subject to such conditions as are specified in the terms of the
written consent. Cap. 283
or the appropriate authority may be given unconditionally
or subject to such conditions as are specified in the terms of the
written consent. Cap. 283
140 N o . 7 of 2008] Mines and Minerals Development
Rights under
licence or
permit to be
exercised
reasonably
Right to use
and access
water or
graze stock
Acquisition
of use of
land by
holder of
licence or
permit
Arbitration
of disputes
(3) In this section, appropriate authority", in relation to any
matter, means the Minister responsible for that matter or such public
officer as the Minister may authorise to give the requisite consent
in that behalf. 128. Subject to the terms of any access agreement, the rights
conferred by a licence or permit shall be exercised reasonably and,
except to the minimum extent necessary for the reasonable and
proper conduct of the operations, shall not be exercised so as to
prejudice the interest of any owner or occupier of the land over
which those rights extend. 129.
ct of the operations, shall not be exercised so as to
prejudice the interest of any owner or occupier of the land over
which those rights extend. 129.
Subject to the terms of any access agreement, the owner
or occupier of any land within the area of a licence or permit shall
retain the right to use and access water and to graze stock upon or
to cultivate the surface of the land in so far as such use, grazing or
cultivation does not interfere with the proper working in the area
for mining, prospecting or other operations to be carried on under
the licence or permit, but shall not erect any building or structure
thereon without the consent of the holder of the licence or permit:
Provided that where such consent is unreasonably withheld,
the Director may grant it. 130. (1) Subject to subsection (2), a holder of a licence or
permit who requires the exclusive or other use of the whole or any
portion of the prospecting or mining area for the purpose of the
licence or permit may, in accordance with the laws relating to such
acquisition, acquire a lease thereof or other right to use the same
upon such terms as may be agreed between such holder and the
owner or occupier of the land.
on, acquire a lease thereof or other right to use the same
upon such terms as may be agreed between such holder and the
owner or occupier of the land.
(2) A holder of a licence or permit shall not purchase or obtain
a lease of or other rights over any land specified in paragraph (a),
or in paragraphs (c) to (h), of subsection (1) of section one hundred
and twenty-seven, except with the consent of the appropriate
authorities mentioned in that section. 131.(1) Where there is any dispute as t o —
(a) whether or not paragraph (b) of subsection (1) of section
one hundred and twenty-seven applies in respect of
any land, or the withholding of any consent under that
subsection;
(b) the withholding of any consent under section one hundred
and twenty-seven; or
(c) any other matter arising under this Part that is prescribed
by the Minister by statutory instrument;
nder section one hundred
and twenty-seven; or
(c) any other matter arising under this Part that is prescribed
by the Minister by statutory instrument;
Mines and Minerals Development [No. 7 of 2008 141
any party to the dispute may by consent of both parties, apply to
the Director to determine the dispute or the Director may, require
the parties to enter into a submission within the meaning of the
Arbitration Act. (2) Subsection (1) shall have effect subject to the terms of
any access agreement. 132.(1) A holder of a mining right shall, on demand being
made by the owner or lawful occupier of any land subject to the
mining right, promptly pay the owner, or occupier fair and reasonable
compensation for any disturbance of the rights of the owner or
occupier and for any damage done to the surface of the land by the
operations and shall, on demand being made by the owner of any
crops, trees, buildings or works damaged during the course of the
operations, pay compensation for the damage. (2) In assessing the compensation payableunder subsection
(1), account shall be taken of any improvement effected by the
holder of the mining right or by the holder's predecessor in title, the
benefit of which has or will enure to the owner or lawful occupier
thereof.
he
holder of the mining right or by the holder's predecessor in title, the
benefit of which has or will enure to the owner or lawful occupier
thereof.
(3) The compensation payable for damage to the surface of
any land shall be the extent to which the market value of the land
(for which purpose it shall be deemed saleable) upon which the
damage has occurred has been reduced by reason of such damage,
but without taking into account any enhanced value due to the
presence of minerals. (4) No demand made in terms of this section shall entitle the
owner or lawful occupier to prevent or hinder the exercise by the
holder of rights under the mining right pending the determination of
compensation to be paid. (5) Compensation shall not be payable under subsection (1) in
respect of any indigenous wood or timber taken—
(a) upon land that has been declared a local forest or a national
forest under the provisions of the Forests Act; or
(b) upon other land that has not been alienated by the President
in accordance with the Lands Act. (6) Where a holder of a mining right fails to pay compensation
when demanded under the provisions of this section, or where the
owner or lawful occupier of any land is dissatisfied with any
compensation offered, the dispute shall be determined by arbitration. Act No.
where the
owner or lawful occupier of any land is dissatisfied with any
compensation offered, the dispute shall be determined by arbitration. Act No.
19 of
2000
Compensation
for
disturbance of
rights, etc
Cap. 199
Cap. 184
19 of
2000
Compensation
for
disturbance of
rights, etc
Cap. 199
Cap. 184
142 No. 7 of 2008] Mines and Minerals Development
(7) A claim for compensation under the provisions of subsection
( 1 ) shall be made within a period of three years from the date
when such claim has accrued, failing which, notwithstanding the
provisions of any other written law, such claim shall not be
enforceable. PART XII
ROYALTIES AND CHARGES
133. ( 1 ) A holder of a large-scale mining licence, large-scale
Royalties on gemstone licence, small-scale mining licence, small-scale gemstone
production licence or an artisan's mining right shall pay a mineral royalty at
of minerals the rate of —
(a) three per centum of the norm value of the base metals
produced or recoverable under the licence;
(b) three per centum of the gross value of the industrial
minerals produced or recoverable under the licence;
(c) three per centum of the gross value of the energy minerals
produced or recoverable under the licence;
(d) five per centum of the norm value of the precious metals
produced or recoverable under the licence; or
(e) five per centum of the gross value of the gemstones
produced under the licence.
the precious metals
produced or recoverable under the licence; or
(e) five per centum of the gross value of the gemstones
produced under the licence.
(2) The Commissioner-General shall charge a mineral
royalty against a person who extracts minerals or any person in
possession of minerals extracted in the Republic, whether
extracted under a mining right or not; and
(3) In this section—
" gross value " means the realised price for a sale free-on-
board, at the point of export from Zambia or point of delivery
within Zambia:
Provided that if the Commissioner-General considers
that the realised price does not correspond to the price
that would have been paid for the minerals if they had
been sold on similar terms in a transaction at arms length,
between a willing seller and a willing buyer, a notice
Cap. 323 may be given to that effect to the licensee, and the
amount of the gross value shall be determined in
accordance with the mechanism contained in sections
ninety-seven A to ninety-seven D of the Income Tax
Act; and
the gross value shall be determined in
accordance with the mechanism contained in sections
ninety-seven A to ninety-seven D of the Income Tax
Act; and
Mines and Minerals Development [No. 7 of 2008 143
"norm value'* means—
(a) the monthly average London Metal Exchange cash price
per metric tonne multiplied by the quantity of the metal
or recoverable metal sold;
(b) the monthly average Metal Bulletin cash price per tonne
multiplied by the quantity of metal sold or recoverable
metal sold to the extent that the metal price is not quoted
on the London Metal Exchange; or
(c) the monthly average of any other exchange market
approved by the Commissioner-General cash price per
metric tonne multiplied by the quantity of the metal or
recoverable metal sold to the extent that the metal price
is not quoted on the London Metal Exchange or Metal
Bulletin. 134. Subject to section one hundred and forty the mineral
royalty payable under this section is due and payable within fourteen
days after the end of the month in which the sale of minerals is
done. 135. The Commissioner-General shall be responsible for the
carrying out of the provisions of this Part in relation to mineral
royalty. 136. The Minister responsible for finance shall, inconsultation
with the Minister, establish a mineral royalty sharing mechanism
for distributing royalty revenues.
ster responsible for finance shall, inconsultation
with the Minister, establish a mineral royalty sharing mechanism
for distributing royalty revenues.
137. A person required to pay mineralroyalty under section one
hundred and thirty-three shall submit monthly mineral royalty
returns in the prescribed form containing such particulars as may
be required by the Commissioner-General within fourteen days
after the end of the month in which the sale of the minerals is done. 138. The Income Tax Act shall, with the necessary modification,
apply to the collection, assessment, penalising, enforcement of, and
right of appeal with respect to any royalty imposed under section
one hundred and thirty-three of this Act. 139. (1) The Minister responsible for finance may, after
consultation with the Minister, remit in whole or part any royalty
payable on any mineral, or on any mineral obtained from a particular
deposit, for such period as the Minister responsible for finance
may determine, if that Minister considers it expedient in the interests
of the production of the mineral to do so.
he Minister responsible for finance
may determine, if that Minister considers it expedient in the interests
of the production of the mineral to do so.
(2) The Minister may exempt from liability to royalty any
samples of minerals acquired for purposes of assay, analysis or
other examination after taking into account—
Due date for
m i n e r a l
royalty
Commissioner-
General to be
r e s p o n s i b l e
for royalties
M i n e r a l
royalty
sharing
mechanism
Mineral
royalty
returns
Returns and
assessments
Cap. 323
Remission of
royalties
p o n s i b l e
for royalties
M i n e r a l
royalty
sharing
mechanism
Mineral
royalty
returns
Returns and
assessments
Cap. 323
Remission of
royalties
144 No. 7 of 2008] Mines and Minerals Development
(a) any mineral analysis certificate issued under this Act; and
(b) such quantity or value as may be prescribed by regulation. Deferment of 140. (1) The Commissioner General may, on application by a
royalties holder of a mining right defer payment of royalty due from the
holder if, during any period for which a payment of royalty is due
as prescribed under this Act (in this section referred to as "the
royalty payment period"), the cash operating margin of the holder
in respect of mining operations in the mining area falls below zero,
and in any such case, the amount payable on account of royalty in
respect of that period shall be reduced to such an extent as is
necessary to increase the cash operating margin to zero, and
payment of the difference between the royalty due in respect of
that period and the reduced amount shall be deferred.
sh operating margin to zero, and
payment of the difference between the royalty due in respect of
that period and the reduced amount shall be deferred.
(2) Where the payment of any royalty is deferred—
(a) it shall be accumulated with any other deferred payment
of royalty which is outstanding;
(b) the amount outstanding shall become payable when royalty
is due in respect of the next following royalty payment
period or periods in which, after the deduction of the
royalty then due, the cash operating margin is positive;
and
(c) the sum payable on any particular occasion under paragraph
(b) shall not exceed that which would reduce the cash
operating margin for the relevant royalty payment period
below zero. (3) In this section—
"cash operating margin" means the amount derived by
deducting operating costs from revenue;
"operating costs" means cash expenditures incurred in mining
operations after the commencement of production from
the mining area, other than
(i) capital expenditure or any expenditure of a capital
nature;
(ii) provision for depreciation;
(iii) financing charges, including interest on loans and
fees and related charges in respect thereof; or
(iv) agency fees or any other fees or charges not
directly or necessarily related to the production
and disposal of minerals from the mining area; and
(iv) agency fees or any other fees or charges not
directly or necessarily related to the production
and disposal of minerals from the mining area; and
Mines and Minerals Development [No. 7 of 2008 145
"revenue" means the gross value of all sales or other disposal
of minerals. 141.(1) Where, for any reason, it is impractical to assess the
amount of any royalty due, the Commissioner General may assess,
and the holder of the licence shall be liable to pay, a provisional
royalty. (2) Where provisional royalty is assessed under this section,
and the amount of the royalty is ascertained at the end of any
period of adjustment prescribed under this Act, the holder of the
licence shall be liable for any balance or, as the case may require,
shall be re-paid any excess sum paid by that holder on the provisional
assessment. 142. (1) Where a holder of a mining right fails to pay any
royalty or provisional royalty payable by the holder of the mining
right on or before the due date or any extension thereof allowed
by the Commissioner General, the Commissioner General may, by
order served on the holder, prohibit the disposal of any mineral
from the mining area concerned, or from any other mining area
held by that holder, until an arrangement has been made that is
acceptable to the Commissioner General for the payment of the
royalties.
r mining area
held by that holder, until an arrangement has been made that is
acceptable to the Commissioner General for the payment of the
royalties.
(2) Any holder of a mining right who contravenes or fails to
comply with an order given under subsection (1), and any person
who, knowing of such order and contrary thereto, receives any
mineral from the area, commits an offence and is liable, upon
conviction
(a) in the case of an individual, to a fine not exceeding five
hundred thousand penalty units or imprisonment for a
term not exceeding five years, or to both; or
(b) in the case of a body corporate, to a fine not exceeding
one million penalty units. 143. (1) There shall be payable to the Republic by a holder of
licence or permit, an annual fee of such amount as may be
prescribed, or as may be calculated in the manner prescribed, by
the Minister, by statutory instrument. (2) The annual charge referred to under subsection (1) shall
be payable on the grant of the mining right and thereafter annually
on the anniversary thereof until the termination of the licence. Provisional
assessment of
royalty
Prohibition of
disposal of
minerals
Annual charge
in respect of
licences
ereof until the termination of the licence. Provisional
assessment of
royalty
Prohibition of
disposal of
minerals
Annual charge
in respect of
licences
146 No. 7 of 2008] Mines and Minerals Development
PART XIII
ADMINISTRATION
Director and 144. ( 1 ) There shall be a Director of Mines, who shall be a
other officers public officer and who shall have and may exercise and perform
the powers and functions conferred or imposed upon the Director
by or under this Act or any other written law, and who shall generally
supervise and regulate the proper and effectual carrying out of the
provisions of this Act. (2) There shall be a Director of Mines Safety, who shall be a
public officer and who shall have and may exercise and perform
the powers and functions conferred or imposed upon the Director
of Mines Safety by or under this Act or any other written law, and
who shall have general responsibility for matters concerning the
safety of prospecting, exploration, mineral processing and mining
operations. (3) There shall be a Director of Geological Survey, who shall
be a public officer and who shall have and may exercise and perform
the powers and functions conferred or imposed by or under this
Act or any other written law.
c officer and who shall have and may exercise and perform
the powers and functions conferred or imposed by or under this
Act or any other written law.
(4) The Public Service Commission shall appoint such other
public officers as may be necessary for the due administration of
this Act. (5) The Director may, by statutory notice, designate any public
officer to be an authorised officer for the purpose of the exercise
and performance of all or any of the functions conferred on an
authorised officer by any of the provisions of this Act. (6) Every authorised officer who, by virtue of the authorised
officer's designation as such, has power to enter any land or demand
production of any records or documents shall be provided with a
certificate of appointment, which shall be prima facie evidence of
the officer's designation. (7) An authorised officer shall, on demand by a person affected
by the exercise of any power under this Act, produce for inspection
the authorised officer's certificate of appointment. (8) The Minister may attach the Director, Director of Mines
Safety or Director of Geological Survey or any authorised officer
to prospecting, mining or mineral processing operations, border posts
or mineral product trading centres in order to enforce the provisions
of this Act.
prospecting, mining or mineral processing operations, border posts
or mineral product trading centres in order to enforce the provisions
of this Act.
Mines and Minerals Development [No. 7 of 2008 147
145. There shall be— Mining
cadastre
offices
(a) a Central Mining Cadastre Office which shall be
responsible for receiving and processing applications for
mining rights; and
(b) regional mining cadastre offices in the Provinces
responsible for receiving applications for mining rights
and forwarding the applications for processing by the
Central Mining Cadastre Office. 146. (1) Where any office referred to in subsection (1), (2) or
(3) of section one hundred and forty-four is vacant or the holder
of the office is, owing to absence or inability to act from illness or
other cause, unable to exercise or perform the powers and functions
of office, another person shall be appointed to exercise or perform
the powers and functions of that officer.
cise or perform the powers and functions
of office, another person shall be appointed to exercise or perform
the powers and functions of that officer.
(2) A holder of any office referred to in subsection (1) may,
by statutory notice, and subject to such conditions, qualifications or
exemptions as may be prescribed therein, delegate to any public
officer the exercise or performance of any of the powers and
functions conferred or imposed on the holder by this Act:
Provided that the office-holder may exercise or perform a
power or function notwithstanding that the office-holder has
delegated the exercise or performance thereof to some other
person. 147.
ise or perform a
power or function notwithstanding that the office-holder has
delegated the exercise or performance thereof to some other
person. 147.
(1) The Director, the Director of Mines Safety, the
Director of Geological Survey or an authorised officer may, at any
time enter upon any prospecting area or mining area, or any premises
or working thereon or thereunder, for the purpose of—
(a) generally inspecting the area, premises or workings and
examining prospecting or mining operations or the
treatment of minerals being performed or carried out;
(b) ascertaining whether or not the provisions of this Act or
the conditions of a mining right or non-mining right are
being complied with;
(c) ascertaining whether or not any nuisance exists upon the
area, land or mine or in the premises or workings;
(d) giving directions, and taking steps, to enforce any provision
of this Act or to abate or remove any nuisance;
Execution and
delegation of
powers and
functions of
Director and
other officers
Power of
entry by
Director
his Act or to abate or remove any nuisance;
Execution and
delegation of
powers and
functions of
Director and
other officers
Power of
entry by
Director
148 No. 7 of 2008] Mines and Minerals Development
(e) taking soil samples or specimens of rocks, ore concentrates,
tailings or minerals situated upon the area, premises or
workings for the purpose of examination or assay;
(^examining books, accounts, vouchers, documents, maps,
drilling logs, or records of any kind; or
(g) obtaining any information which the Director may consider
necessary for the administration of this Act. Obstruction
of Director
or authorised
officer
Recovery of
fees
(2) The Director of Geological Survey or an authorised officer
may, for the purpose of carrying on prospecting operations on behalf
of the Republic, enter upon any land with such number of persons
as the Director or authorised officer may consider necessary, and
exercise the rights of a holder of a prospecting licence. (3) Nothing in subsection (2) shall authorise any person to enter
upon any land referred to in subsection (1) of section one hundred
and twenty-seven without obtaining any consent required to be
obtained under that section.
y land referred to in subsection (1) of section one hundred
and twenty-seven without obtaining any consent required to be
obtained under that section.
(4) The Director, the Director of Mines Safety, the Director
of Geological Survey or an authorised officer may, at any reasonable
time, inspect and take copies of any books, accounts, vouchers,
documents, maps, drill logs or records of any kind, kept by a holder
of a mining right or non-mining right, under or for the purposes of
this Act or the mining right or non-mining right. (5) A holder of a mining right or non-mining right shall provide
such reasonable assistance, as is required to enable the Director,
the Director of Mines Safety, the Director of Geological Survey or
an authorised officer to exercise or perform any power or function
under this section. 148. Any person who, without reasonable excuse, hinders or
obstructs the Director, the Director of Mines Safety, the Director
of Geological Survey or an authorised officer in the exercise or
performance of any power or function under this section commits
an offence and is liable, upon conviction, to a fine not exceeding
five hundred thousand penalty units or to imprisonment for a term
not exceeding five years, or to both. 149.
upon conviction, to a fine not exceeding
five hundred thousand penalty units or to imprisonment for a term
not exceeding five years, or to both. 149.
The Attorney General may demand, sue for, recover and
receive all royalties, fees, dues, rents or payments which may
become due in respect of any mining right or mineral processing
licence or otherwise under the provisions of this Act.
es, rents or payments which may
become due in respect of any mining right or mineral processing
licence or otherwise under the provisions of this Act.
Mines and Minerals Development [No. 7 of 2008 149
150. (1) There shall be a Mining Advisory Committee, which
shall advise the Minister, the Director or the Director of Geological
Survey in relation to the matters prescribed by or under this Act
and such other matters in connection with the administration of this
Act as may be referred to it by the Minister. (2) The provisions of the First Schedule shall apply to the
composition, and the powers and functions, of the Committee. (3) The Minister, the Director or the Director of Geological
Survey shall, prior to exercising any power conferred upon them
under this Act—
(a) to refuse to grant or renew a licence or permit;
(b) to terminate, suspend or cancel a licence or permit;
(c) to amend the terms or conditions of any licence or permit;
(d) to determine any appeal that lies to the Minister; or
(e) to grant a mining right or non-mining right;
as the case may be, refer the matter to the Mining Advisory
Committee for its advice.
he Minister; or
(e) to grant a mining right or non-mining right;
as the case may be, refer the matter to the Mining Advisory
Committee for its advice.
(4) The Mining Advisory Committee, shall in considering a
matter submitted to it under subsection (3), consult any person,
party or other stakeholder in the area to which the mining right or
non-mining right relates who may be affected by the grant,
termination, suspension, cancellation or renewal of the mining or
non-mining right. (5) Where the Mining Advisory Committee advises the Minister,
Director or the Director of Geological Survey pursuant to subsection
(3) and the Minister, Director or the Director of Geological Survey
proposes to dispose of that matter other than in accordance with
the advice of the Committee, the Minister, Director or the Director
of Geological Survey shall before disposing of the application, furnish
the Committee with a statement in writing of the Minister's, the
Director's or the Director of Geological Survey's reasons for doing
so. (6) Where a matter referred to in subsection (3) is an
application for the grant or renewal of a licence or permit, a copy
of any statement of the Minister or the Director under that
subsection shall be furnished to the applicant. 151.
enewal of a licence or permit, a copy
of any statement of the Minister or the Director under that
subsection shall be furnished to the applicant. 151.
(1) Subject to subsection (2), any information furnished,
or information in a report submitted, to the Minister, the Director,
the Director of Mines Safety, the Director of Geological Survey or
any authorised officer under or for the purposes of this Act by a
holder of a mining right or non-mining right shall not, for so long as
the mining right or non-mining right has effect over the land to
Mining
Advisory
Committee
Disclosure of
information
g right shall not, for so long as
the mining right or non-mining right has effect over the land to
Mining
Advisory
Committee
Disclosure of
information
150 No. 7 of 2008] Mines and Minerals Development
which the information relates, be disclosed, except with the consent
of the holder of the mining right or mineral processing licence. (2) Nothing in subsection (1) shall prevent the disclosure of
information where the disclosure is made—
(a) for or in connection with the administration of this Act;
(b) for the purpose of any legal proceedings;
(c) for the purpose of any investigation or n inquiry conducted
under this Act;
(d) to any person being a consultant to the Government or
public officer who is authorised by the Minister to receive
such information; or
(e) for, or in connection with, the preparation by or on behalf
of the Government of statistics in respect of prospecting
or mining:
Provided that a disclosure authorised by this paragraph
shall be no more specific in detail than is necessary
for the purpose of the statistics concerned. (3) Any person who contravenes this section commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both. PART XIV
APPEALS
152.
n, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both. PART XIV
APPEALS
152.
(1) Any person aggrieved by the decision of the Director—
(a) to refuse the grant or renewal of a licence or permit granted
under this Act;
(b) as to the conditions imposed on any licence or permit
held by the person;
(c) to cancel or suspend any licence or permit held by the
person;
(d) to refuse to consent to the transfer of any licence or permit
held by the person;
(e) to refuse to grant or renew a gemstone sales certificate;
(f) to refuse the grant of an artisan's mining right for which
the person has applied, or the conditions imposed on an
artisans mining right held by the person; or
Appeals
against
decisions of
Director or
Director of
Geological
Survey
d, or the conditions imposed on an
artisans mining right held by the person; or
Appeals
against
decisions of
Director or
Director of
Geological
Survey
Mines and Minerals Development [No. 7 of 2008 151
(g) on any matter prescribed by the Minister by statutory
instrument;
may appeal to the Minister, who shall determine the appeal,
consistent with the provisions of this Act and the circumstances of
the case. (2) A determination of the Minister under this section may
include such directions to the Director or Director of Geological
Survey as the Minister considers appropriate for the disposal of
the matter, and the Director or Director of geological Survey shall
give effect to the directions. 153. (1) Any person aggrieved by the decision of the Minister
may appeal to the High Court, which shall determine the appeal,
having regard to the provisions of this Act and the circumstances
of the case. (2) A determination of the High Court under this section may
include such directions to the Minister as the Court considers
appropriate for the disposal of the matter, and the Minister shall
give effect to the directions. 154.
rections to the Minister as the Court considers
appropriate for the disposal of the matter, and the Minister shall
give effect to the directions. 154.
(1) A holder of any mining right or non mining right who
is aggrieved by any obligation imposed by a direction of the Director
under section one hundred and nine may appeal to the Minister,
who shall determine the appeal, consistent with the provisions of
this Act and the circumstances of the case. (2) A determination of the Minister under this section may
include such directions to the Director as the Minister considers
appropriate for the disposal of the matter, and the Director shall
give effect to the directions. 155. Whenever the Minister, the Director or any authorised
officer makes a decision against which an appeal lies by virtue of a
provision of this Part, the licensee or applicant affected by the
decision shall be informed by notice in writing of the decision and
of the reasons therefor and any such notice shall inform the person
so notified of that person's right of appeal. Appeals in
relation to
licences
issued by
Minister
Appeals in
relation to
insurance
Notification
of decisions
tified of that person's right of appeal. Appeals in
relation to
licences
issued by
Minister
Appeals in
relation to
insurance
Notification
of decisions
152 No. 7 of 2008] Mines and Minerals Development
General
penalty
Miscellaneous
offences
PART XV
GENERAL PROVISIONS
156. A person who commits an offence under this Act for which
no penalty is provided is liable, upon conviction—
(a) in the case of an individual, to a penalty not exceeding
five hundred thousand penalty units or to imprisonment
for a term not exceeding five years, or to both; or
(b) in the case of a body corporate or un-incorporate body to
a penalty not exceeding one million penalty units. 157. (1) Any person who—
(a) in any application under this Act;
(b) in any report, return or affidavit submitted for the purposes
of this Act; or
(c) in purported compliance with a requirement under this
Act to furnish any information, make any statement or
answer any question;
furnishes information or makes any statement that is false or
misleading in a material particular, commits an offence. (2) Any person who, in pursuance of a requirement under this
Act, produces or makes available a document or any books, that
the person knows to be false or misleading in a material particular
commits an offence.
Act, produces or makes available a document or any books, that
the person knows to be false or misleading in a material particular
commits an offence.
(3) Any person who, with intent to deceive—
(a) places or deposits, or is accessory to the placement or
deposit of, any mineral or material in any place; or
(b) mingles or causes to be mingled with any sample of ore
any substance which will enhance the value or in any
way change the nature of the ore; commits an offence. (4) A person convicted of an offence under this section shall
be liable—
(a) in the case of an individual, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a
term not exceeding five years, or to both; or
(b) in the case of a body corporate or un-incorporate body, to
a fine not exceeding one million penalty units.
ot exceeding five years, or to both; or
(b) in the case of a body corporate or un-incorporate body, to
a fine not exceeding one million penalty units.
Mines and Minerals Development [No. 7 of 2 0 0 8 153
158. If a body corporate or un-incorporate body is convicted
of an offence under this Act, every person who
(a) is a director of, or is otherwise concerned with the
management of, the body corporate or un-incorporate
body; and
(b) knowingly authorised or permitted the act or omission
constituting the offence;shall be deemed to have
committed the same offence and may be proceeded
against and punished accordingly. Offence
committed by
body
corporate or
un-
incorporate
body
159. From the commencement of this Act, the Minister shall
not enter into any agreement relating to the grant of a large-scale
mining licence or any other mining right. 160.(1) A development agreement which is in existence before
the commencement of this Act shall, notwithstanding any provision
to the contrary contained in any law or in the development
agreement, cease to be binding on the Republic from the
commencement of this Act. (2) For purposes of subsection (1)—
" development agreement " means an agreement relating to
the grant of a large-scale mining licence entered into
between the Government and a mining company under
section nine of the repealed Act.
relating to
the grant of a large-scale mining licence entered into
between the Government and a mining company under
section nine of the repealed Act.
1 6 1 . ( 1 ) The Minister may, by statutory instrument, make
regulations for the better carrying out of the provisions of this Act. (2) In particular, and without prejudice to the generality of
subsection (1), regulations may provide for—
(a) any matter which, in accordance with the provisions of
this Act, may be provided for by statutory instrument or
may be prescribed;
(b) the proper and efficient working of prospecting areas,
mining areas and mines;
(c) the avoidance of wasteful mining practices or wasteful
metallurgical practices;
(d) the inspection of books and documents;
Development
agreements
Existing
development
agreements
to cease to
be binding
on Republic
Cap. 213
Regulations
the inspection of books and documents;
Development
agreements
Existing
development
agreements
to cease to
be binding
on Republic
Cap. 213
Regulations
154 No. 7 of 2008] Mines and Minerals Development
(e) the regulation of all work and machinery connected with
prospecting, mineral processing or mining so far as safety
and the protection of life are concerned;
(f) the regulation of all matters relating to sanitation and health,
including the establishment of cemeteries, in regard to
mining areas;
(g) the reporting of cases of accident and death occurring on
any prospecting area or mining area in connection with
prospecting, mining or mineral processing operations;
(h) the demarcation of prospecting and mining areas;
(i) the circumstances and procedures for referring any matter
for determination by an expert;
(j) the manner of making and dealing with applications under
this Act;
(k) fees to be paid by a holder of a mining right or non-mining
right;
(I) the making of applications for permits for mineral analysis
laboratories and geological or mining consulting firms
and the regulation of the laboratories and firms; and
(m) fees and annual charges to be specified under this Act.
eological or mining consulting firms
and the regulation of the laboratories and firms; and
(m) fees and annual charges to be specified under this Act.
(3) The Minister responsible for finance may, after consultation
with the Minister, by statutory instrument, make regulations for the
better carrying into effect of Part XII of this Act. (4) Any regulations made under this Act may prescribe for
any breach, a fine not exceeding five hundred thousand penalty
units or imprisonment for a term not exceeding five years, or to
both. Repeal of 162. (1) The Mines and Minerals Act, 1995, is hereby repealed. C a p
' 2 1 3
(2) Notwithstanding subsection (1), the Second Schedule
applies in relation to the savings and transitional provisions. (3) The Minister may, by statutory instrument, amend the
Schedules to this Act.
hedule
applies in relation to the savings and transitional provisions. (3) The Minister may, by statutory instrument, amend the
Schedules to this Act.
Mines and Minerals Development [No. 7 of 2008 155
F I R S T S C H E D U L E
(Section 150)
MINING ADVISORY COMMITTEE
1. (1) The Mining Advisory Committee shai! consist of the
following members appointed by the Minister:
(a) the Director, who shall be the Chairperson;
(b) the Director of Geological Survey;
(c) the Director of Mines Safety;
(d) the head of the cadastre unit, who shall be the Secretary
and ex-officio member of the Committee; and
(e) one representative each from—
(i) the Ministry responsible for the environment;
(ii) the Ministry responsible for land;
(iii) the Ministry responsible for finance;
(iv) the Ministry responsible for labour;
(v) the Ministry r e s p o n s i b l e for c o m m u n i t y
development;
(vi) the Attorney General's Chambers; and
(vii) the Zambia Development Agency;
(viii)theCitizen EconomicEmpowerment Commission;
(ix) the Environmental Council of Zambia; and
(x) the Geological Society of Zambia.
velopment Agency;
(viii)theCitizen EconomicEmpowerment Commission;
(ix) the Environmental Council of Zambia; and
(x) the Geological Society of Zambia.
(2) The members of the Committee shall elect the Vice- C a
P -
Chairperson from among their number;
(3) The Minister shall in appointing the members of the C a p
'
Committee ensure that—
(a) thirty percent of the members are women; and
(b) where the Chairperson is a man, the Vice-Chairperson
shall be a woman. 2. (1) The Minister shall nominate an alternate member for Alternate
each of the members referred to in clauses (a), (b), (c) and (d) of members
subparagraph (1) of paragraph 1. (2) The Ministers responsible for the environment, land,
finance, labour, community development and the Attorney General,
shall each nominate an alternate member for the members
nominated to represent them.
finance, labour, community development and the Attorney General,
shall each nominate an alternate member for the members
nominated to represent them.
156 N o . 7 of 2008] Mines and Minerals Development
Tenure of
office and
vacancy
Proceedings of
Committee
(3) An alternate member shall act in place of the substantive
member where the member is for any reason unable to attend a
meeting. 3. (1) Subject to the other provisions of this Act, a member of
the Committee, other than the members referred to in clauses (a)
to (c), shall hold office for a period of three years from the date of
appointment and may be re-appointed for a further period of three
years. (2) Subject to the other provisions of this Part, a member shall,
on the expiration of the period for which the member is appointed,
continue to hold office until another member is appointed to succeed
that member.
,
on the expiration of the period for which the member is appointed,
continue to hold office until another member is appointed to succeed
that member.
(3) The office of a member becomes vacant—
(a) upon the member's death;
(b) if the member is adjudged bankrupt;
(c) if the member is absent from three consecutive meetings
of the Committee of which the member has had notice,
without the prior approval of the Committee;
(d) upon the expiry of one month's notice of the member's
intention to resign from office, given by the member in
writing to the Committee;
(e) if the member becomes mentally or physically incapable
of performing the duties of a member of the Committee;
or
(99 if the member is convicted of an offence involving
dishonesty or fraud under this Act or any other written
law. (4) A member may resign from office by giving not less than
one month's notice in writing to the Minister. (5) The Minister shall, where the office of a member becomes
vacant, appoint another member in place of the member who
vacates office, and such member shall hold office for the remainder
of the term. 4. (1) Subject to the other provisions of this Act, the Committee
may regulate its own procedure.
ber shall hold office for the remainder
of the term. 4. (1) Subject to the other provisions of this Act, the Committee
may regulate its own procedure.
(2) The Committee shall meet for the transaction of business,
at least once in every three months at such places and times as the
Chairperson may determine. (3) The Chairperson may, upon giving notice of not less than
fourteen days, call a meeting of the Committee and shall call a
ial meeting upon receiving a written request from at least five
members of the Committee.
rteen days, call a meeting of the Committee and shall call a
ial meeting upon receiving a written request from at least five
members of the Committee.
Mines and Minerals Development [No. 7 of 2008 157
(4) If the urgency of any particular matter does not permit the
giving of the notice required under subsection (3), a special meeting
may be called by the Chairperson upon giving a shorter notice. (5) The quorum at a meeting of the Committee shall be half
of the members of the Committee. (6) There shall preside at any meeting of the Committee—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson;
and
(c) in the absence of both the Chairperson and the Vice-
Chairperson, such member as the members present may
elect from amongst themselves for the purpose of that
meeting. ( 7 ) A decision of the Committee on any question shall be by a
majority of votes of the members present and voting at the meeting
and, in the event of an equality of votes, the person presiding at the
meeting shall have, in addition to a deliberative vote, a casting vote.
meeting
and, in the event of an equality of votes, the person presiding at the
meeting shall have, in addition to a deliberative vote, a casting vote.
(8) Except for the members referred to in clauses (a) to (f)
of paragraph 1, where a member is for any reason unable to attend
any meeting of the Committee, the member may, in writing, nominate
another person from the same organisation to attend such meeting
in that member's stead and such person shall be considered to be a
member for the purpose of that meeting. (9) The Committee may invite any person whose presence in
its opinion is desirable to attend and to participate in the deliberations
of a meeting of the Committee but such person shall have no vote. (10) The validity of any proceedings, act or decision of the
Committee shall not be affected by any vacancy in the membership
of the Committee or by any defect in the appointment of any
member or by reason that any person not entitled so to do, took
part in the proceedings. (11) The Committee shall cause minutes to be kept of the
proceedings of every meeting of the Committee and every meeting
of any sub-committee established by the Committee. 5.
cause minutes to be kept of the
proceedings of every meeting of the Committee and every meeting
of any sub-committee established by the Committee. 5.
(1) The Committee may, for the purpose of performing its Sub-
functions under this Act, constitute any sub-committee and delegate committees
to any such sub-committee such of its functions as it thinks fit. Committee
(2) The Committee may appoint as members of a sub-
committee constituted under sub-paragraph (1), persons who are
or are not members of the Committee and such persons shall hold
office for such period as the Committee may determine.
-paragraph (1), persons who are
or are not members of the Committee and such persons shall hold
office for such period as the Committee may determine.
158 N o . 7 of 2008] Mines and Minerals Development
Allowances
of members
Disclosure of
interest
Prohibition of
publication of,
or disclosure
ofinformation
to
unauthorised
persons
(3) A sub-committee of the Committee may regulate its own
procedure. 6. There shall be paid to members of the Committee or any
sub-committee of the Committee such allowances as the Committee
may, with the approval of the Minister, determine. 7. (1) A member or person who is present at a meeting of the
Committee or a sub-committee of the Committee at which any
matter, in which that person or any member of the person's
immediate family, is directly or indirectly interested in a private
capacity, is the subject of consideration, shall, as soon as is
practicable after the commencement of the meeting, disclose that
interest and shall not, unless the Committee or the sub-committee
otherwise directs, take part in any consideration or discussion of,
or vote on any question relating to, that matter. (2) A disclosure of interest made under this paragraph shall
be recorded in the minutes of the meeting at which it is made. 8.
lating to, that matter. (2) A disclosure of interest made under this paragraph shall
be recorded in the minutes of the meeting at which it is made. 8.
(1) A person shall not, without the consent in writing given
by or on behalf of the Committee, publish or disclose to any
unauthorised person, otherwise than in the course of duties of that
person, the contents of any document, communication or information
whatsoever, which relates to or which has come to the knowledge
of that person in the course of that person's duties under this Act. (2) A person who contravenes sub-paragraph (1) commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both. (3) A person who, having any information which to the
knowledge of that person has been published or disclosed in
contravention of sub-paragraph (1), unlawfully publishes or
communicates the information to any other person, commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both.
liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both.
Mines and Minerals Development [No. 7 of 2008 159
SECOND SCHEDULE
(Section 162 (2))
SAVINGS AND TRANSITIONAL PROVISIONS
1 . In this Schedule—
" repealed Act" means the Mines and Minerals Act, 1995. Cap. 213
2. (1) A holder of a mining right or a non-mining right
shall, within a period of one year from the commencement of this
Act, apply for a mining right or non-mining right, as the case may
be, in accordance with the provisions of this Act:
Provided that the Minister or Director, as the case may
be, shall only grant a licence for the unexpired period for
which it was granted under the repealed Act. (2) For the avoidance of doubt, all mining rights and non-mining
rights granted under the repealed Act shall cease to be valid one
year after the commencement of this Act. 3. A holder of a mining right or mineral processing licence
who, at the commencement of this Act, is carrying on mining
operations or mineral processing operations shall, within ninety days
from the commencement of this Act, apply to the Director of
Mines Safety for an annual operating permit in accordance with
the provisions of this Act. 4.
m the commencement of this Act, apply to the Director of
Mines Safety for an annual operating permit in accordance with
the provisions of this Act. 4.
A person operating any mineral analysis laboratory or a
geological or mining consultancy firm shall, within six months from
the commencement of this Act, apply for a permit in accordance
with the provisions of this Act. Transitional
provisions in
relation to
existing
mining rights
and non-
mining rights
Cap. 213
Cap. 213
Annual
operating
permits for
holders of
mining right
or mineral
processing
licence
Transitional
provisions
in relation to
existing
mineral
analysis
laboratory
or geological
or mining
consultancy
160
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