Petroleum (Exploration and Production)

Petroleum (Exploration and Production)2008 [No. 10 of 2008 175
THE PETROLEUM (EXPLORATION AND
PRODUCTION) ACT, 2008
ARRANGEMENT OF SECTIONS
P A R T 1
PRELIMINARY
Section
1. Short title
2 . Interpretation
3 . Application
4 . Title to petroleum
PART II
RIGHTS TO CONDUCT PETROLEUM OPERATIONS
5. State may conduct petroleum operations
6. Prohibition of searching for or getting petroleum without licence
7 . Certain persons disqualified from holding licence
8. Constitution of blocks
9 . Bids
PART III
Petroleum Exploration Licences
10. Application for petroleum exploration licence
1 1 . Power of Minister to obtain further information
1 2 . Consideration of application for petroleum exploration licence
1 3 . Grant of petroleum exploration licence
1 4 . Refusal to grant petroleum exploration licence
1 5 . Duration of petroleum exploration licence
16. Rights conferred by petroleum exploration licence
17. Obligations of holder of petroleum exploration licence
18. Discovery of minerals in exploration area to be notified
1 9 . Amendment of programme of exploration operations
Single copies of this Act may be obtained from the Government Primer.
P.O. Box 3D 136. 10101 Lusaka. Price Kl 9.500 each

mme of exploration operations
Single copies of this Act may be obtained from the Government Primer.
P.O. Box 3D 136. 10101 Lusaka. Price Kl 9.500 each

176 No. 10 of 2008] Petroleum (Exploration and Production)
20. Relinquishment of exploration area
21. Transfer of petroleum exploration licence
22. Renewal of petroleum exploration licence
23. Refusal of renewal of petroleum exploration licence
24. Directions by Mi.iister
PART IV
DISCOVERY OF PETROLEUM IN EXPLORATION AREA
25. Discovery of petroleum to be notified
26. Directions of Minister on discovery of petroleum
27. Commercial discovery
28. Non-commercial discovery
29. Investigations
30. Restriction on removal of petroleum
PART V
PETROLEUM DEVELOPMENT AND PRODUCTION LICENCES
31. Application for petroleum development and production licence
32. Application for petroleum development and production licence
to be made to Minister
33. Grant of petroleum development and production licence
34. Restrictions on grant of development and production licence
35. Contents of petroleum development and production licence
36. Rights conferred by petroleum development and production
licence
37. Duration and renewal of petroleum development and production
licence
38. Unit development
39. Trading in development and production area

n
licence
37. Duration and renewal of petroleum development and production
licence
38. Unit development
39. Trading in development and production area

Petroleum (Exploration and Production)2008 [No. 10 of 2008 177
PART VI
RESTRICTION ON EXERCISE OF RIGHTS UNDER LICENCES AND SURFACE
RIGHTS
40. Restrictions on exercise of rights by holder
41. Rights under licence to be exercised reasonably
42. Right to access and use of water or graze stock
43. Acquisition of use of land by holder of licence
44. Arbitration of disputes
45. Compensation for disturbance of rights, etc
46. Compulsory acquisition of land
PART VII
SURRENDER, CANCELLATION OR SUSPENSION OF LICENCES
47. Surrender of area or part thereof covered by licence
48. Minister's power to suspend or cancel licence
PART VIII
TRANSFERS AND REGISTRATION
49. Register
50. Interest in licence to be created by instrument in writing
51. Transfer, etc., of licence to be approved by Minister
52. Minister may require additional information
53. Evidence
PART IX
GENERAL PROVISIONS RELATING TO HOLDERS OF LICENCES
54. Work practices for holder of licence
55. Wasteful production practices
56. Maintenance, etc., of property
57. Drilling near boundaries
58. Removal of property, etc., by holder

of licence
55. Wasteful production practices
56. Maintenance, etc., of property
57. Drilling near boundaries
58. Removal of property, etc., by holder

178 No. 10 of 2008] Petroleum (Exploration and Production)
59. Sale of plant
60. Survey of wells, etc.
61. Transfer of control of company
62. Holder to have office in Zambia
63. Preference for Zambian products, etc.
64. Insurance and indemnities
65. Obstruction of holder of licence
PART X
SAFETY, HEALTH AND ENVIRONMENTAL PROTECTION
Environment and human health to be considered when granting
exploration or development and production licences
Conditions for protection of environment and human health
Direction to comply with conditions of licence
Rehabilitation by Minister at holder's expense
Petroleum Environmeatal Protection Fund
Liability and redress
PART XI
GOVERNMENT REVENUES
72. Income tax
73. Employee taxation
74. Royalty or production payment
75. Provisional royalty
76. Prohibition on disposal of petroleum
77. Remission of royalty, etc.
78. Recovery of royalty, etc.
79. Annual fee in respect of licence
80. Security for compliance

on disposal of petroleum
77. Remission of royalty, etc.
78. Recovery of royalty, etc.
79. Annual fee in respect of licence
80. Security for compliance

Petroleum (Exploration and Production) [No. 10 of 2008 179
PART XII
HYDROCARBON UNIT
81. Establishment of the Hydrocarbon unit
82. Functions of unit
83. Director and other public officers
84. Public officer not to acquire or hold certain rights
85. Indemnity of officers
86. Prohibition of disclosure of information
PART XIII
PETROLEUM COMMITTEE
87. Continuation of Petroleum Committee
88. Functions of Committee
89. Composition of Committee
90. Secretary
91. Petroleum Technical Committee
92. Functions of Petroleum Technical Committee
93. Disclosure of interest
PART XIV
INSPECTION
94. Appointment of inspectors
95. Powers of inspectors
96. Duty of inspector to report to Minister
PART XV
APPEALS
97. Appeals in relation to licence issued by Minister
98. Notification of decisions

180 No. 10 of 2008] Petroleum (Exploration and Production)
PART XVI
GENERAL PROVISIONS
99. Scientific investigations
100. National Petroleum Company
101. Petroleum Trust Fund
102. Offences and penalties
103. Offence committed by body corporate or un-incorporate body
104. Transitional provisions
105. Regulations
106. Repeal of cap. 440

es and penalties
103. Offence committed by body corporate or un-incorporate body
104. Transitional provisions
105. Regulations
106. Repeal of cap. 440

Petroleum (Exploration and Production) [No. 10 of 2008 181
GOVERNMENT OF ZAMBIA
ACT
No. 10 of 2008
Date of Assent: 24th September, 2008
An Act to revise the law relating to the exploration for, and
the development and production of, petroleum in Zambia;
to provide for title to and control of petroleum in Zambia;
to provide for the c o n t i n u a t i o n of the P e t r o l e u m
Committee and revise its functions; to provide for the
constitution of the Petroleum Technical Committee and
define its f u n c t i o n s ; to establish a P e t r o l e u m
Environmental Protection Fund; to provide for the
registration of the National Petroleum Company; to
establish the Petroleum Trust Fund; to repeal and replace
the Petroleum (Exploration and Production) Act, 1985;
and to provide for matters connected with or incidental to
the foregoing. |26th September. 2008
ENACTED by the Parliament for Zambia Enactment
PART I
PRELIMINARY
1. This Act may be cited as the Petroleum (Exploration and Short title
Production) Act, 2008. 2 .

e Parliament for Zambia Enactment
PART I
PRELIMINARY
1. This Act may be cited as the Petroleum (Exploration and Short title
Production) Act, 2008. 2 .

In this Act, unless the context otherwise requires— Interpretation
" access agreement " means an agreement entered into
between the holder of a licence and an owner or occupier
of land over which the licence subsists, for the regulation
of exploration or development and production operations
authorised by the licence to be carried on upon the land:
"' block " means a block constituted under section eight;

elopment and production operations
authorised by the licence to be carried on upon the land:
"' block " means a block constituted under section eight;

182 No. 10 of 2008) Petroleum (Exploration and Production)
" body corporate " means a company or a corporation;
" commercial discovery " means a discovery of petroleum
which can be exploited commercially in accordance with
good oil field practices in the international
petroleum industry;
" Committee" means the Petroleum Committee continued by
Cap.

ally in accordance with
good oil field practices in the international
petroleum industry;
" Committee" means the Petroleum Committee continued by
Cap.

388 section eighty-seven:
" company '* has the meaning assigned to it in the Companies
Act;
" condition " includes any term, prohibition, limitation and
stipulation;
" corporation " means a corporate body incorporated in or
outside Zambia;
" crude o i l " means petroleum which is in liquid state at the
well head or gas-oil separator or which is extracted from
natural gas, including any distillate or condensate;
" development '* in relation to petroleum operations, means
the mapping, siting, construction, drilling, testing, and
commissioning of a production well;
" development and production area " means an area of land,
constituted by a block or blocks, and which is subject to a
petroleum development and production licence;
" development and production operations" means operations
for or in connection with the development or production of
petroleum;
" Director" means the person appointed as Director under
section eighty-three;
" discovery block ", in relation to an exploration area, means
a block in the exploration area in which a discovery of
petroleum is located;
" discovery of petroleum " means a discovery of petroleum,
not previously known to have existed, recoverable at the
surface in a flow which can be measured by conventional
petroleum industry testing methods;
" drilling " means the perforation of the earth's surface,
whether the hole is vertical, inclined or horizontal, and
includes all operations for preventing the collapse of the
sides of the hole or for preventing the hole from becoming
filled by extraneous materials (including water) and the
filling of wellheads, or coring or logging, and any operations
incidental thereto;

m becoming
filled by extraneous materials (including water) and the
filling of wellheads, or coring or logging, and any operations
incidental thereto;

Petroleum (Exploration and Production) [No. 10 of 2008 183
" environment " has the meaning assigned to it in the
Environmental Protection and Pollution Control Act' cap.

ion and Production) [No. 10 of 2008 183
" environment " has the meaning assigned to it in the
Environmental Protection and Pollution Control Act' cap.

204
" environmental commitment plan" means a plan to mitigate
the adverse impact of the exploration, development or
production operations on the environment;
" exploration area " means an area of land, constituted by a
block or blocks, and which is subject to a petroleum
exploration licence;
" exploration operations " means operations for or in
connection with the exploration for petroleum;
" Fund" means the Petroleum Environmental Protection Fund
referred to in section seventy;
"good oilfield practices " means those practices related to
petroleum operations that are generally accepted by the
international petroleum industry as good, safe,
environmentally-friendly, economic and efficient in
exploring for and producing petroleum;
" holder ", in relation to a licence, means the person to whom
a petroleum exploration or a petroleum development and
production licence is granted and, where a licence is granted
to a person jointly with others, means every one of the
persons to whom the licence is jointly granted, and includes
every person to whom the licence or an interest therein is
lawfully transferred;
" licence'" means a petroleum exploration licence or a petroleum
development and production licence;
" licensee " means the holder of a licence;
" person " includes a partnership;
" petroleum " means any naturally occurring
(a) hydrocarbon;
(b) mixture of hydrocarbons; or
(c) mixture of one or more hydrocarbons and any
other substance;
whether in a gaseous, liquid or solid form, and includes any
petroleum which has been returned to a natural reservoir,
but does not include coal;
" petroleum operations " means the operations related to the
exploration, development, extraction and production of
petroleum;

does not include coal;
" petroleum operations " means the operations related to the
exploration, development, extraction and production of
petroleum;

184 No. 10 of 2008] Petroleum (Exploration and Production)
Cap. 440
Application
Act No. 7 of
2008
Title to
petroleum
" petroleum reservoir " means a naturally occurring discrete
accumulation of petroleum in any form;
" prescribed " means prescribed by regulations made by the
Minister;
" production " in relation to petroleum operations means the
recovery of petroleum from its natural insitu source up to
the well head;
" production well" means the infrastructure required for the
recovery of petroleum from the natural resource up to the
well head;
" repealed Act" means the Petroleum (Exploration and
Production) Act;
" resettlement plan " means a plan that outlines the actions to
be undertaken by a holder of a licence in order to
compensate and resettle persons displaced by petroleum
operations;
" Technical Committee " means the Petroleum Technical
Committee constituted by section ninety-one;
" Trust Fund " means.the Petroleum Trust Fund referred to in
section one hundred and one; and
" well " means a hole made by drilling in land of the subsoil of
land in connection with exploration or development
operations, but does not include a seismic shot hole. 3.

made by drilling in land of the subsoil of
land in connection with exploration or development
operations, but does not include a seismic shot hole. 3.

( 1 ) This Act applies to the exploration for, exploitation,
conservation and management of petroleum existing in its natural
condition in land in Zambia. (2) A right to search for or mine any mineral, as defined in
section two of the Mines and Minerals Development Act, 2008. shall not be granted or exercised under this Act. 4. ( 1 ) The entire property in and control over petroleum and
accompanying substances, in whatever physical state, located in
any land in Zambia is hereby vested exclusively in the President on
behalf of the State. (2) Notwithstanding the provisions of subsection (1), a licence
issued under this Act may provide for a person to acquire property
in, title to or control over any petroleum within the Republic. (3) The provisions of subsections ( 1 ) and (2) shall have effect
notwithstanding any rights which any other person may possess in
or over the soil on or under which petroleum is discovered.

and (2) shall have effect
notwithstanding any rights which any other person may possess in
or over the soil on or under which petroleum is discovered.

Petroleum (Exploration and Production) [No. 10 of 2008 185
PART II
RIGHTS TO CONDUCT PETROLEUM OPERATIONS
5. The State may carry out petroleum operations either on its
own or in joint venture with a holder of a petroleum exploration
licence or a petroleum development and production licence issued
under this Act. 6. (1) A person shall not search for in, or get from, any land in
Zambia petroleum except—
State may
conduct
petroleum
operations
Prohibition
of searching
for or getting
petroleum
without
licence
(a) under and in accordance with a licence granted by the
Minister under this Act; or
(b) subject to subsection (2) of section one hundred and
four under and in accordance with a contract entered
into under the repealed Act before the commencement
of this Act. (2) Any person who contravenes subsection (1) commits an
offence and is liable on conviction—
(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 ten years, or to both; or
(b) in the case of a body corporate, to a fine not exceeding
seven hundred thousand penalty units. 7.

r a
term not exceeding ten years, or to both; or
(b) in the case of a body corporate, to a fine not exceeding
seven hundred thousand penalty units. 7.

(1) A licence shall not be granted to any person except in
accordance with the provisions of this Act. (2) A licence 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
Certain
persons
disqualified
from holding
licence

een convicted, within the previous ten years, of
an offence involving fraud or dishonesty, or of any
Certain
persons
disqualified
from holding
licence

186 No. 10 of 2008] Petroleum (Exploration and Production)
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 has not established an office in Zambia;
(ii) unless, in the case of a petroleum development and
production licence, the company is incorporated under
Cap. 388 the Companies Act;
(iii) 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; or
(iv) which has among its directors or shareholders any
person who would be disqualified under paragraph
(a). (2) A licence may be granted to two or more persons associated
together in any form of joint arrangement, if each one of them is
qualified to hold the licence under paragraph (a) of subsection (I).

sons associated
together in any form of joint arrangement, if each one of them is
qualified to hold the licence under paragraph (a) of subsection (I).

(3) Where at any time, a licensee is constituted of two or more
persons, the obligations to be observed and performed by the licensee
under this Act shall be joint and several obligations, but without
prejudice to any right of contribution which may exist between all
or any of them. Constitution 8. (1) For the purposes of this Act, the territory of the Republic,
of blocks or parts of it, shall be divided into blocks, according to a grid system,
in accordance with regulations prescribed by the Minister, with the
approval of the Committee. (2) The Minister may reserve blocks to be exploited by the
Government. Bids 9. (1) Subject to the other provisions ofthis Act, the Minister
may, by notice in the Gazette and in two newspapers of general
circulation in the Republic, issue invitations for bids for the grant
of a petroleum exploration licence in respect of any block or blocks
specified in the notice. (2) The notice referred to in subsection (1) shall include—
(a) a description of the blocks for which the bids are to be
solicited;

ied in the notice. (2) The notice referred to in subsection (1) shall include—
(a) a description of the blocks for which the bids are to be
solicited;

Petroleum (Exploration and Production) [No. 10 of 2008 187
(b) the procedures and conditions relating to the submission
of the bids; and
(c) the period within which the bids shall be submitted. (3) A bid submitted pursuant to subsection ( 1 ) shall include—
(a) full information regarding the bidder's financial status,
technical competence and experience;
(b) a description of the area constituted by the blocks in respect
of which the bid is being made;
(c) the proposed programme of exploration operations and
the estimated cost of the proposed exploration
operations;
(d) the bidder's proposals with respect to the employment
and training of citizens of Zambia;
(e) the bidder's proposals for the promotion of local business
development;
(f) an environmental commitment plan;
(g) a tax clearance certificate issued under the Income Tax
Act; and Cap. 323
(h) such further information as the Minister may, by statutory
instrument, prescribe. ( 4 ) The area described in a bid under this section shall be
constituted by blocks which —
(a) form a single area; and
(b) are such that each block in that area has a side in common
with at least one other block in that area.

blocks which —
(a) form a single area; and
(b) are such that each block in that area has a side in common
with at least one other block in that area.

( 5 ) The Minister shall, within five days of the expiry of the period
referred to in paragraph (c) of subsection ( 2 ) , refer all the bids
submitted in accordance with this section to the Technical Committee
for evaluation. (6) The Technical Committee shall consider the matters
referred to in paragraphs (a) to (h) of subsection (3) in evaluating
the bids. ( 7 ) The Technical Committee shall, where a bid complies with
the requirements of this Act, recommend to the Committee that
the bidder with the best proposed programme be granted a petroleum
exploration licence in accordance with the provisions of this Act.

e Committee that
the bidder with the best proposed programme be granted a petroleum
exploration licence in accordance with the provisions of this Act.

188 No. 10 of 2008] Petroleum (Exploration and Production)
PART III
PETROLEUM EXPLORATION LICENCES
Application for 10. (1) A person whose bid under section nine is successful
petroleum
exploration
licence
Power of
Minister to
obtain further
information
Consideration
of application
for petroleum
exploration
licence
may apply for a petroleum exploration licence to the Minister in the
prescribed form upon payment of the prescribed fee. (2) An application under subsection (1) shall include such
information as the Minister may by statutory instrument, prescribe. (3) The Minister shall, within five days of receiving—
(a) an application under subsection (1); or
(h) the information requested for under subsection (1) of
section eleven; forward the application to the Technical
Committee for consideration. 11.

or
(h) the information requested for under subsection (1) of
section eleven; forward the application to the Technical
Committee for consideration. 11.

(1) The Minister may, before forwarding an application
referred to in subsection (1) of section ten to the Technical
Committee, by notice served on an applicant for a petroleum
exploration licence, direct the applicant to furnish to the Minister, in
writing, within such reasonable time as may be specified in the
notice—
(a) such further information relevant to the application as
may be specified in the notice; and
(b) if the applicant, or any of the applicants, is a body corporate,
such information as may be specified in the notice to
enable the Minister to ascertain to what extent the
controlling power, whether directly or indirectly, in the
direction of the affairs of the body corporate is vested
in a corporation, or an individual or individuals, resident
outside Zambia. (2) Where an applicant for a petroleum exploration licence
fails to comply with the requirements of a notice served on the
applicant under subsection (1) within the period specified in the
notice, the application shall lapse. 12.

the requirements of a notice served on the
applicant under subsection (1) within the period specified in the
notice, the application shall lapse. 12.

(1) The Technical Committee shall within thirty days of
receiving an application forwarded to it under subsection (3) of
section ten, consider such application and may, within that period,
cause such investigations to be made or such consultations to be
carried on as the Technical Committee may consider necessary to
assess whether or not the criteria in subsection (2) has been met.

consultations to be
carried on as the Technical Committee may consider necessary to
assess whether or not the criteria in subsection (2) has been met.

Petroleum (Exploration and Production) [No. 10 of 2008 189
(2) The Technical Committee shall, in considering an
application made under section ten, take the following into account:
(a) that the applicant has, or has secured access to, adequate
financial resources, technical c o m p e t e n c e and
experience to carry on effective exploration operations;
(b) that the proposed programme of exploration operations is
adequate and makes proper provision for environmental
protection;
(c) that the proposed exploration area is not the same as, nor
does it overlap an existing exploration area; and
(d) if the applicant is a holder of another petroleum exploration
licence, the applicant has not contravened any condition
of the licence or any provision of this Act. (3) The Technical Committee shall after considering an
application under this section recommend to the Committee—
(a) the grant of a petroleum exploration licence where the
application meets the requirements of this Act; or
(b) the refusal to grant a petroleum exploration licence where
the application does not meet the requirements of this
Act. 13.

rements of this Act; or
(b) the refusal to grant a petroleum exploration licence where
the application does not meet the requirements of this
Act. 13.

( 1 ) The Minister shall, with the approval of the
Committee, grant a petroleum exploration licence to the applicant
where the application meets the requirements of this Act. (2) A petroleum exploration licence shall be in such form as
the Minister may determine and shall—
(a) state the terms and conditions on which it is granted;
(b) identify the block to which the licence relates;
(c) include a description of the exploration area; and
(d) state the date on which, and the period for which, it is
granted. (3) There shall be attached to a petroleum exploration licence
the programme of exploration operations as approved by the Minister,
which shall form part of the conditions of the licence. ( 4 ) There may be included in an petroleumexploration licence
a condition requiring the applicant to agree to the State or a person
nominated on its behalf, on such terms as may be agreed, acquiring
or having an interest in any venture to explore for petroleum in any
block in the exploration area. Grant of
petroleum
exploration
licence

, acquiring
or having an interest in any venture to explore for petroleum in any
block in the exploration area. Grant of
petroleum
exploration
licence

190 No. 10 of 2008] Petroleum (Exploration and Production)
Refusal to
grant
petroleum
exploration
licence
Duration of
petroleum
exploration
licence
Rights
conferred by
petroleum
exploration
licence
Obligations of
holder of
petroleum
exploration
licence
(5) The Minister may specify in a petroleum exploration licence
a period not exceeding six months from the date of the grant of the
licence as the period to enable the applicant to make any necessary
preparations to carry on exploration operations. 14. (1) The Minister shall not grant a petroleum exploration licence
to an applicant where—
(a) the applicant is disqualified from holding a petroleum
exploration licence under section seven;
(b) the applicant is the holder of another exploration licence
and is in breach of any condition of that licence or any
provision of this Act; or
(c) the block for which the applicant has made the application,
or a part of it, is compromised in a licence already
granted. (2) The Minister shall, where the Minister rejects an application
under subsection (1), inform the applicant of the rejection and give
the reasons therefor. 15.

nister shall, where the Minister rejects an application
under subsection (1), inform the applicant of the rejection and give
the reasons therefor. 15.

(1) Subject to the other provisions of this Act, a petroleum
exploration licence shall be valid for a period of four years. (2) A petroleum exploration licence may, on its expiry, be
renewed for two further periods not exceeding three years each
/6. Subject to the provisions of this Act and to the conditions
specified in the licence, a petroleum exploration licence confers on
the holder of the licence exclusive rights to explore for petroleum
in the exploration area and to carry on such operations and execute
such works as are necessary for that purpose. 17. ( 1 ) A holder of a petroleum exploration licence shall—
(a) commence exploration operations within ninety days, or
such further period as the Minister may allow, from the
date of the grant of the licence;
(b) give notice to the Minister of the discovery of any
petroleum of possible commercial value within thirty
days of the discovery;
(c) expend on exploration operations not less than the amount
prescribed or required by the terms and conditions of
the exploration licence to be so expended;

nd on exploration operations not less than the amount
prescribed or required by the terms and conditions of
the exploration licence to be so expended;

Petroleum (Exploration and Production) [No.

Petroleum (Exploration and Production) [No.

10 of 2008 191
(d) carry on exploration operations in accordance with the
programme of exploration operations;
(e) notify the Minister of the discovery of any minerals in the
exploration area within a period of thirty days of such
discovery;
(f) backfill or otherwise make safe any excavation made
during the course of the exploration operations, as the
Minister may specify;
(g) permanently preserve or otherwise make safe any borehole
in the manner directed by the Minister and surrender to
Government, without compensation, the boreholes and
any water rights in respect therefor on termination;
(h) unless the Minister otherwise stipulates, remove, within
sixty days of the expiry or termination of the exploration
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 Minister;
(i)keep and preserve such records as the Minister may
prescribe, relating to the protection of the environment;
and
(j) submit to the Minister quarterly reports containing the
information required under the licence and the Act.

the protection of the environment;
and
(j) submit to the Minister quarterly reports containing the
information required under the licence and the Act.

(2) A holder of a petroleum exploration licence shall keep full
and accurate records at the holder's office, of the exploration
operations which shall indicate—
(a) the wells drilled;
(b) the strata penetrated, with detailed logs of such strata;
(c) the minerals and petroleum, if any, discovered;
(d) the number of persons employed;
(e) the costs incurred; and
(f) 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 Minister.

the Minister
by statutory instrument;
and shall furnish, at least once in every three months, digital
and hard copies of the records to the Minister.

192 No. 10 of 2008] Petroleum (Exploration and Production)
(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 petroleum samples to the
Minister; 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 thousana penalty units or to imprisonment
for a period not exceeding two years, or to both. ( 4 ) Where the holder of a petroleum exploration licence fails
to carry out any part of the requirement with respect to work and
expenditure stipulated in the petroleum exploration licence, or of
each programme submitted by the holder pursuant to subsection
( 5 ) , without prejudice to any other right which may be invoked by
the Minister in respect of that failure, the relevant provision of the
licence, if any, shall apply for the purpose of determining the
liquidated damages payable to the State by the licensee on account
of such failure.

he
licence, if any, shall apply for the purpose of determining the
liquidated damages payable to the State by the licensee on account
of such failure.

( 5 ) The requirement in subsectior ( 4 ) with respect to an
adequate programme with respect to work and expenditure shall
be deemed to have been met in any case where the programme
submitted pursuant to that subsection is consistent with the
requirements, if any, with respect to work and expenditure contained
in a petroleum exploration licence. 18. (1) Where, in the course of exercising the holder's rights
under a petroleum exploration licence, the holaer of the exploration
licence discovers minerals, the holder shall, within thirty days
immediately following such discovery, notify the Minister thereof
in writing. (2) Any person who contravenes the provisions of subsection (1)
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 to imprisonment for a
term not exceeding ten years, or to both; or
(b) in the case of a body corporate, to a fine not exceeding
one million penalty units. Discovery of
minerals in
exploration
area to be
notified

h; or
(b) in the case of a body corporate, to a fine not exceeding
one million penalty units. Discovery of
minerals in
exploration
area to be
notified

Petroleum (Exploration and Production) [No. 10 of 2008 193
operations
19. ( 1 ) A holder of a petroleum exploration licence shall apply A m e n d m e n t
to the Minister, where the holder intends to make any amendments of programme
to the programme of exploration operations in the prescribed manner o l ? e x
P l o r a t
' o n
and form. (2) The Minister shall, upon receipt of an application under
subsection ( 1 ) , forward it to the Technical Committee for
consideration. (2) The Minister may, with the approval ofthe Committee—
(a) approve the proposed amendments with or without any
modifications and on such terms and conditions as the
Committee may determine; or
(b) reject the proposed amendments and give the applicant
the reasons therefor. 20. ( 1 ) The holder of a petroleum exploration licence may at
any time when the licence is in force, by giving notice to the Minister
of not less than three months of the holder's intention to do so,
relinquish any block or blocks in the exploration area identified in
the notice.

ter
of not less than three months of the holder's intention to do so,
relinquish any block or blocks in the exploration area identified in
the notice.

(2) Any relinquishment under subsection ( 1 ) shall not relieve
the holder of a petroleum exploration licence of any obligation
incurred by the holder in respect of the area relinquished prior to
the date of the relinquishment. (3) Subject to the petroleum exploration licence referred to in
subsection (1), any block or blocks relinquished under subsection
( 1 ) shall, unless the Minister otherwise directs, be such as to ensure
that the remaining exploration area constitutes a continuous area. ( 4 ) Where any block or blocks are rel inquished under subsection
( 1 ) , the exploration licence concerned shall cease to have effect
from the date of the relinquishment with respect to that block or
blocks. 21. ( 1 ) Subject to subsections (2) and (3), a petroleum
exploration 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 petroleum exploration licence who intends to
transfer the petroleum exploration licence or any interest therein
shall notify the Minister not less than thirty days before the intended
transfer. Relinquishment
ofexploration
area
Transfer of
p e t r o l e u m
exploration
licence

e Minister not less than thirty days before the intended
transfer. Relinquishment
ofexploration
area
Transfer of
p e t r o l e u m
exploration
licence

194 No.10 of 2008] Petroleum (Exploration and Production)
Renewal of
petroleum
exploration
licence
(3) A holder of a petroleum exploration 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 petroleum exploration licence under section
ten. (4) Where the Minister is satisfied that the transferee is not
disqualified under any provision of this Act from holding a petroleum
exploration licence, the Minister shall, with the approval of the
Committee, authorise the transfer of the exploration licence or an
interest therein and notify the applicant accordingly. ( 5 ) Upon the transfer of a petroleum exploration licence, the
transferee shall assume and be responsible for all the rights, liabilities
and duties of the transferor under the petroleum exploration licence
for the unexpired period of the licence. ( 6 ) Any transaction purporting to transfer a petroleum exploration
licence in contravention of this section is void. 22.

ired period of the licence. ( 6 ) Any transaction purporting to transfer a petroleum exploration
licence in contravention of this section is void. 22.

( 1 ) A holder of a petroleum exploration licence may, not
later than three months before the expiry of the petroleum exploration
licence, and not more than twice, apply to the Minister for the
renewal of the licence in respect of any block in the exploration
area upon payment of the prescribed fee. (2) An application under this section shall be in the prescribed
manner and form and—
(a) shall be accompanied by—
(i) particulars of the work carried out and the amount
expended in respect of the exploration area during
the term of the licence, or, where the application is
for a second renewal of the licence, during the period
of the previous renewal, up to and including the date
of the application; and
(ii) adequate proposals concerning the work to be carried
out and the minimum amount to be expended during
the period of the renewal for which application is
made; and
(b) may set out any other matter which the applicant may
wish the Minister to consider. (3) The Minister shall, within five days of receiving an
application for the renewal of a petroleum exploration licence under
subsection ( i ) , forward it to the Technical Committee for
consideration.

ng an
application for the renewal of a petroleum exploration licence under
subsection ( i ) , forward it to the Technical Committee for
consideration.

Petroleum (Exploration and Production) [No. 10 of 2008 195
(4) The Technical Committee shall, within thirty days of
receiving an application forwarded to it under subsection (3),
consider the application and recommend to the Committee the
renewal of the petroleum exploration licence where the holder of
the licence—
(a) is applying for the renewal of the licence for the first or
second time;
(b) is not in breach of any condition of the licence or any
provision of this Act;
(c) undertakes to carry out during the renewal period an
adequate programme of exploration operations; and
(d) relinquishes at least fifty per centum of the initial
exploration area on the first renewal and at least fifty
per centum of the balance on the second renewal. (5) The Minister shall, with the approval of the Committee,
renew a petroleum exploration licence, not more than twice, for
such period not exceeding three years where the holder of the
licence satisfies the requirements of paragraphs (a) to (d) of
subsection (4).

wice, for
such period not exceeding three years where the holder of the
licence satisfies the requirements of paragraphs (a) to (d) of
subsection (4).

(5) The Minister may, where the Minister considers it
necessary for the completion of a feasibility study commenced by
a holder of a petroleum exploration licence into the prospects for
recovery of any petroleum and its commercial significance, renew
the exploration licence for such further period as the Minister may,
with the approval of the Committee, determine. 23. (1) Subject to subsection (2), the Minister shall, with the
approval of the Committee, refuse to grant a renewal of a petroleum
exploration licence—
(a) where the applicant has applied for and been granted a
renewal of the petroleum exploration licence twice
before;
(b) where the applicant is in breach of any condition of the
licence or any provision of this Act, unless, the Minister
considers that special circumstances exist which justify
the granting of the renewal, notwithstanding the breach;
or
(c) where the proposals accompanying the application pursuant
to subparagraph (ii) of paragraph (a) of subsection (2)
of section twenty-two in respect of work and expenditure
during the renewal period are not adequate. Refusal of
renewal of
petroleum
exploration
licence

section twenty-two in respect of work and expenditure
during the renewal period are not adequate. Refusal of
renewal of
petroleum
exploration
licence

196 No. 10 of 2008] Petroleum (Exploration and Production)
(2) The Minister shall not refuse to grant a renewal of a
petroleum exploration licence on application being duly made under
section twenty-two—
(a) before giving to the applicant notice in writing of the
Minister's intention to do so, such notice to state
particulars of the grounds for the intended refusal and
the date before which the applicant may take remedial
action or make representations in relation to such
grounds; and
(b) where the applicant has, before the date specified in a
notice under paragraph (a), remedied the breach or, by
notice in writing to the Minister, made representations
which, in the opinion of the Minister, remove the grounds
for the intended refusal. ( 3 ) Where an application for a renewal of a petroleum
exploration licence has been duly made and the licence expires
before the Minister grants or refuses to grant a renewal thereof
the licence shall be deemed to continue in force until the Minister
grants or refuses to grant a renewal of the licence, except where
the licence is cancelled under this Act or the application for a
renewal is withdrawn. 24.

or refuses to grant a renewal of the licence, except where
the licence is cancelled under this Act or the application for a
renewal is withdrawn. 24.

(1) The Minister may, by notice served on the holder of a
petroleum exploration licence, give to the holder any direction,
consistent with good oilfield practices, as to any matter and any
such direction shall be complied with within the time specified in
the notice or, where the time within which the direction shall be
complied with is not specified in the notice, with all convenient
speed and as often as the occasion for such compliance arises. (2) Where a holder of a petroleum exploration licence fails or
neglects to comply with a direction given under subsection (1), the
Minister may cause to be done all or any of the things required by
the direction to be done, and the costs and expenses incurred in
doing so shall be recoverable by the Minister in the same manner
as revenues due to the State may be recovered. D i r e c t i o n s
by Minister

red in
doing so shall be recoverable by the Minister in the same manner
as revenues due to the State may be recovered. D i r e c t i o n s
by Minister

Petroleum (Exploration and Production) (No. 10 of 2008 197
PART IV
DISCOVERY OF PETROLEUM IN E X P L O S I O N AREA
25. ( 1 ) Where petroleum is discovered in an exploration area,
the holder of the petroleum exploration licence in respect of the
area shall—
(a) forthwith notify the Minister of the discovery; and
(b) within a period of thirty days after the date of the discovery,
furnish to the Minister particulars in writing of the
discovery. ( 2 ) Any person who contravenes the provisions of subsection
(1) 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 to imprisonment for a
term not exceeding ten years, or to both; or
(b) in the case of a body corporate, to a fine not exceeding
one million penalty units. 26.

sonment for a
term not exceeding ten years, or to both; or
(b) in the case of a body corporate, to a fine not exceeding
one million penalty units. 26.

( 1 ) On receipt of the information required under section
twenty-five, the Minister shall, by notice in writing served on the
holder of the petroleum exploration licence for the exploration area
concerned, direct the holder to furnish to the Minister in writing,
within such reasonable period as may be specified in the notice,
particulars of the following:
(a) the chemical composition and physical properties of the
petroleum;
(b) the nature of the subsoil in which the petroleum occurs
and the depth of the discovery;
(c) the quantity of petroleum in the petroleum reservoir to
which the discovery relates, or if part only of that
petroleum reservoir is within the exploration area, in that
part of the reservoir which is within the exploration area;
and
(d) any other matters relating to the discovery that are specified
in the notice.

that
part of the reservoir which is within the exploration area;
and
(d) any other matters relating to the discovery that are specified
in the notice.

( 2 ) The holder of a petroleum exploration licence referred to
in subsection ( 1 ) shall, upon receipt of the direction given under
that subsection, run tests in respect of the discovery and thereafter,
by notice in writing, furnish to the Minister evaluated test results in
respect of the discovery stating that the discovery is or, as the case
may be, is not, in the opinion of the holder, a commercial discovery. (3) Where a holder of a petroleum exploration licence referred
to in subsection ( 1 ) fails or neglects to comply with the direction
given by the Minister under subsection ( 1 ) within the period specified
in the notice, the Minister shall—
(a) by notice in writing to the holder cancel the petroleum
exploration licence concerned: and
Discover)' of
petroleum to
be noli lied
Directions of
Minister on
discover) of
petroleum

older cancel the petroleum
exploration licence concerned: and
Discover)' of
petroleum to
be noli lied
Directions of
Minister on
discover) of
petroleum

198 No. 10 of 2008] Petroleum (Exploration and Production)
Commercial
discovery
Non-
commercial
discovery
(b) cause to be done all or any of the things required by the
direction to be done, and the costs and expenses incurred
in doing so shall be recoverable by the Minister in the
same manner as revenues due to the State may be
recovered. 27. (1) Where a notice served under subsection (2) of section
twenty-six states that the discovery of petroleum in an exploration
area is, in the opinion of the holder of the petroleum exploration
licence, a commercial discovery, the holder may, unless the licence
is sooner determined by surrender or cancellation under this Act,
within a period of two years after the date on which such notice is
so served or such further period as the Minister may allow, apply
under subsection (1) of section thirty-one, for a petroleum
development and production licence in respect of the discovery
block.

ter may allow, apply
under subsection (1) of section thirty-one, for a petroleum
development and production licence in respect of the discovery
block.

(2) If the holder of a petroleum exploration licence fails within
the period specified in subsection (1), or within such further period
as the Minister may allow, to apply for a petroleum development
and production licence for the whole or part of any discovery block,
the Minister shall, if the petroleum exploration licence is in force in
respect of the discovery block, by notice served on the holder,
direct that the licence shall cease to have effect in respect of the
whole or part, as the case may be, of the discovery block with
effect from the date specified therein. (3) Where the holder of a petroleum exploration licence
referred to in subsection (1) fails to apply for a petroleum
development and production licence within the period specified
under subsection (1), the Minister shall invite applications for a
petroleum development and production licence in respect of the
discovery block in accordance with subsection (2) of section thirty-
one. 28.

ons for a
petroleum development and production licence in respect of the
discovery block in accordance with subsection (2) of section thirty-
one. 28.

(1) Where a notice served under subsection (2) of section
twenty-six states that the discovery of petroleum in any discovery
block is not, in the opinion of the holder of the petroleum exploration
licence, a commercial discovery, the Minister may, if the petroleum
exploration licence is in force in respect of the discovery block or
blocks, direct, by notice in writing served on the holder, that the
licence shall cease to have effect with respect to such discovery

scovery block or
blocks, direct, by notice in writing served on the holder, that the
licence shall cease to have effect with respect to such discovery

Petroleum (Exploration and Production) [No. 10 of 2008 199
block from the date specified in the notice, and thereupon the licence
shall cease to have effect in respect of the discovery block with
effect from the date so specified. (2) The Minister shall not give a direction under subsection (1)
unless—
(a) the Minister has given to the holder, a notice of the
Minister's intention to do so;
(b) the Minister has specified in that notice a reasonable time
within which the holder may make representation with
respect to that notice; and
(c) on evidence available to the Minister and after taking into
account any representation made by the holder, the
Minister is of the opinion that the discovery is a
commercial discovery. 29.

and after taking into
account any representation made by the holder, the
Minister is of the opinion that the discovery is a
commercial discovery. 29.

(1) Where the holder of a petroleum exploration licence Investigations
has notified the Minister pursuant to subsection (2) of section
twenty-six that a discovery of petroleum is, in the opinion of the
holder, a commercial discovery, the Minister may, by notice in
writing served on the holder, direct the holder to carry out, within a
period specified in the notice, of not less than two years, such
investigations and studies as the Minister considers necessary to
assess the feasibility of the construction, establishment and operation
of an industry for the recovery of petroleum from the discovery
block.

sary to
assess the feasibility of the construction, establishment and operation
of an industry for the recovery of petroleum from the discovery
block.

(2) The investigations and studies referred to in subsection (1)
may include—
(a) technical and economic feasibility studies relating to the
recovery, processing and transportation of petroleum
from the production area;
(b) studies of proposed sites for facilities which would be
required by the industry;
(c) studies of roads, pipelines or other transportation facilities;
(d) investigations into—
(i) suitable water facilities and reticulation systems
for industrial and town purposes;
(ii) the location and design of a suitable airstrip and
associated landing and terminal facilities, if so
required, for the industry;

d town purposes;
(ii) the location and design of a suitable airstrip and
associated landing and terminal facilities, if so
required, for the industry;

200 No. 10 of 2008] Petroleum (Exploration and Production)
(iii) the generation and transmission of electricity
required for the industry; and
(iv) the development, if required, of a suitable town
forthe industry, includingthe design of housing
and associated civic, cultural and social facilities;
(e) investigations of any other works, services or facilities in
relation to the production area which may be required
forthe industry;
(f) studies of future labour requirements for the industry;
(g) physical impact studies into the possible effects of the
industry on the environment; and
(h) such other investigations and studies as the Minister may,
by statutory instrument prescribe. (3) A holder of a petroleum exploration licence shall furnish
in writing to-the Minister, within the period specified in a notice
under subsection (1), such reports, analyses and data resulting from
the investigations and studies carried out under this section as the
Minister may, by notice in writing served on the holder, require. Restriction on 30.

investigations and studies carried out under this section as the
Minister may, by notice in writing served on the holder, require. Restriction on 30.

( 1 ) A holder of a petroleum explorationlicence shall not,
removal o f without the written permission of the Minister and subject to such
petroleum conditions as the Minister may, with the approval of the Committee
determine, remove any petroleum from an exploration area except
for the purposes of having such petroleum analysed, determining
its value or conducting tests thereon. (2) The M inister may, with the approval of the Committee, by
statutory instrument, determine the quantities of petroleum samples
to be removed from an exploration area for the purpose of analysis
and conducting tests on the petroleum samples. P A R T V
PETROLEUM DEVELOPMENT AND PRODUCTION LICENCES
Application for 31. ( 1 ) A holder of a petroleum explorationlicence whose
petroleum licence is in force in respect of a discovery block may, within two
development y e a r s immediately following the date on which a commercial
and production J J
° . licence discovery was made, or such further period as the Minister may
allow, apply for the grant of a petroleum development and production
licence in respect of the discovery block or part thereof.

od as the Minister may
allow, apply for the grant of a petroleum development and production
licence in respect of the discovery block or part thereof.

Petroleum (Exploration and Production) [No. 10 of 2008 201
(2) Notwithstanding the provisions of subsection (1), a holder
of a petroleum exploration licence may, during the term of the
licence, apply for the grant of a development and production licence
in respect of any block which is not part of a discovery block within
the exploration area if the holder satisfies the Minister that the
block contains a petroleum reservoir or part of a petroleum reservoir. ( 3 ) Subject to the other provisions of this Act, where the holder
of a petroleum exploration licence in respect of a discovery block
fails to apply for a petroleum development and production licence
under subsection ( 1 ) , the Minister may, by notice in the Gazette
and in two newspapers of general circulation in the Republic, issue
invitations for the grant of a petroleum development and production
licence in respect of any discovery block or blocks specified in the
notice.

issue
invitations for the grant of a petroleum development and production
licence in respect of any discovery block or blocks specified in the
notice.

(4) The notice referred to under subsection ( 3 ) shall include—
(a) a description of the discovery block or blocks for which
the applications are to be solicited;
(b) the procedures and conditions relating to the submission
of the applications; and
(c) the period within which the applications shall be submitted. ( 5 ) The Minister shall, within five days of receiving an
application under subsection ( 1 ) or ( 3 ) forward the application to
the Technical Committee for consideration. ( 6 ) The Technical Committee shall, within thirty days of
receiving an application forwarded to it under subsection ( 5 ) ,
consider such application and may, within that period, cause such
investigations to be made or such consultations to be carried on as
the Technical Committee may consider necessary to assess whether
or not the criteria in subsection ( 7 ) has been met. ( 7 ) The Technical Committee shall, in considering an
application made under subsection ( 1 ) or ( 3 ) , take into account the
matters referred to in paragraphs (a) to (m) of section thirty-two.

dering an
application made under subsection ( 1 ) or ( 3 ) , take into account the
matters referred to in paragraphs (a) to (m) of section thirty-two.

(8) The Technical Committee shall after considering an
application under this section recommend to the Committee
(a) the grant of a petroleum development and production
licence where the application meets the requirements
of this Act: or
(b) the refusal to grant a petroleum development and
production licence where the application does not meet
the requirements of this Act.

this Act: or
(b) the refusal to grant a petroleum development and
production licence where the application does not meet
the requirements of this Act.

202 No. 10 of 2008] Petroleum (Exploration and Production)
Application 32. An application for a licence referred to in section thirty-
devefopment1 u m s n a
" ^ e m a c
* e t 0 t n e
Minister in the prescribed form upon
and payment of the prescribed fee and shall contain the following
production p a r t j c u i a r s :
licence to be "
made to
Minister
(a) full information as to the applicant's financial status.

contain the following
production p a r t j c u i a r s :
licence to be "
made to
Minister
(a) full information as to the applicant's financial status.

technical competence and experience;
(b) the number of the applicant's exploration licence, if
applicable;
(c) the form of petroleum which it is intended to produce;
(d) a comprehensive report of the petroleum deposit, which
report shall include a description of the petroleum
reservoir or deposit, the form of the petroleum and an
estimate of the petroleum reserves;
(e) details, illustrated by an approved plan, of the area in
respect of which the application is made:
(J) a technological report on production and processing
possibilities and the intention of the applicant in relation
thereto;
(g) a proposed programme of production and processing
operations which shall include—
(i) the date by which the applicant intends to work
for profit;
(ii) the capacity of production and scale of operations;
(iii) the estimated overall recovery of petroleum and
by products,
(iv) the nature of the petroleum and by products.

oduction and scale of operations;
(iii) the estimated overall recovery of petroleum and
by products,
(iv) the nature of the petroleum and by products.

(v) the marketing arrangements made for the sale of
the petroleum and by-products, and
(vi) a detailed programme for the progressive
reclamation and rehabilitation of lands disturbed
by petroleum extraction and for the minimisation
of the effect of such extraction on adjoining land
or water area;
(h) a detailed forecast of capital investment, operating costs
and sales revenues and the anticipated type and source
of financing:

and
or water area;
(h) a detailed forecast of capital investment, operating costs
and sales revenues and the anticipated type and source
of financing:

Petroleum (Exploration and Production) [No. 10 of 2008 203
(i) proposals with respect to the employment and training of
Zambian citizens;
(j) a report of the goods and services required for the
production and processing operations which can be
obtained within Zambia and the applicant's intention in
relation thereto;
(k) details of expected infrastructure requirements;
(1/ a resettlement plan; and
(m) such further information as the Minister may. by statutory
instrument, prescribe. 33.

ed infrastructure requirements;
(1/ a resettlement plan; and
(m) such further information as the Minister may. by statutory
instrument, prescribe. 33.

(1) Subject to the provisions of section thirty-four on Grant of
application duly made under— petroleum
development
and
production
licence
(a) subsection (1) of section thirty-one, the Minister shall, on
such conditions as the Minister may, with the approval
of the Committee, determine, including a condition
requiring the applicant to agree to the Government or a
person nominated on its behalf, on such terms as may-
be agreed, to acquire or have an interest in the production
and processing operations in the production area, with
the approval of the Committee, grant the development
and production licence; or
(b) subsection (2) of section thirty-one the Minister may,
with the approval of the Committee, grant, on such
conditions as the Minister may , with the approval of
the Committee, determine, or refuse, with the approval
of the Committee, to grant a petroleum production
licence in respect of any block.

approval of
the Committee, determine, or refuse, with the approval
of the Committee, to grant a petroleum production
licence in respect of any block.

(2) To enable the Minister to dispose of an application for the
grant of a petroleum production licence the Minister may, by notice
in writing given to the applicant, require the applicant to furnish,
within a period specified in the notice, in addition or by way of
alteration to any proposals which have already been furnished, such
proposals as the Minister may specify, including proposals relating
to any matter referred to in subsection (2) of section twenty-two.

furnished, such
proposals as the Minister may specify, including proposals relating
to any matter referred to in subsection (2) of section twenty-two.

204 No. 10 of 2008] Petroleum (Exploration and Production)
Restrictions
on grant of
petroleum
development
and
production
licence
Contents of
petroleum
development
and
production
34. (1) A petroleum development and production licence shall
not be granted to an applicant unless—
(a) the proposals of the applicant would ensure the most
efficient, beneficial and timely use of the petroleum
resources concerned;
(b) the applicant has adequate financial resources and
technical and industrial competence and experience to
carry on effective development and production
operations;
(c) the applicant is able and willing to comply with the
conditions on which a licence may be granted;
(d) the applicant's proposals for the employment and training
of citizens of Zambia are satisfactory; and
(e) the applicant is not in breach of any provision of this Act
or of a condition of a licence.

d training
of citizens of Zambia are satisfactory; and
(e) the applicant is not in breach of any provision of this Act
or of a condition of a licence.

(2) The Minister shall not refuse an application for the grant
of a petroleum production licence on any grounds under subsection
(1) unless the Minister has—
(a) given notice in writing to the applicant stating the grounds
therefor; and
(b) specified in the notice a date prior to which the applicant
may make appropriate proposals to remove the grounds
for refusal or make representations in relation thereto
and the applicant has not, prior to such date, in writing
made proposals or representations to the Minister. 35. (1) A petroleum development and production licence shall
specify—
(a) the date of the grant of the licence;
(b) the development and production area;
(c) the development and conditions on which the licence is
granted; and
(d) particulars necessary for the purpose of giving effect to
subsection (2).

(c) the development and conditions on which the licence is
granted; and
(d) particulars necessary for the purpose of giving effect to
subsection (2).

Petroleum (Exploration and Production) [No. 10 of 2008 205
( 2 ) There may be included in a petroleum development and
production licence such conditions as may be determined by the
Minister in respect of the duty and the extent thereof of the holder
of a petroleum development and production licence to supply
petroleum or petroleum products to meet the requirements of
Zambia. 36. (1) Subject to the provisions of this Act and to the conditions
specified in the licence, a petroleum development and production
licence shall confer on the holder of the licence exclusive rights—
Rights
conferred by
petroleum
development
and
production
licence
(a) to carry on exploration, development and production
operations in the development and production area; and
(b) to carry on such operations and execute such work in the
development and production area as may be considered
necessary for the purpose of carrying into effect the
provisions of this section.

uch work in the
development and production area as may be considered
necessary for the purpose of carrying into effect the
provisions of this section.

( 2 ) Where, in the course of exercising the holder's rights under
a petroleum development and production licence, the holder of the
licence discovers any other mineral, the holder shall, within thirty
days immediately following such discovery, notify the Minister of
the discovery in writing. ( 3 ) Any person who contravenes subsection ( 2 ) commits an
offence and is liable on conviction—
(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 ten years, or to both; or
(b) in the case of a body corporate, to a fine not exceeding
one million penalty units. 37. ( I ) Subject to the provisions of this Act, a petroleum
development and production licence shall be valid for such period,
not exceeding twenty-five years, as may be specified therein.

this Act, a petroleum
development and production licence shall be valid for such period,
not exceeding twenty-five years, as may be specified therein.

( 2 ) The holder of a petroleum development and production
licence may apply to the Minister, in the prescribed form and upon
payment of the prescribed fee, for a renewal of the licence at any
time not later than one year immediately prior to the expiry of such
licence and subject to the provisions of subsection (4), the Minister
shall grant a renewal of such licence. Duration and
renewal of
petroleum
development
and production
licence

provisions of subsection (4), the Minister
shall grant a renewal of such licence. Duration and
renewal of
petroleum
development
and production
licence

206 No. 10 of 2008] Petroleum (Exploration and Production)
(3) An application for the renewal of a petroleum development
and production licence shall be accompanied by—
(a) a proposed programme of production operations to be
carried on in the period of renewal; and
(b) details of—
(i) the latest proved, estimated and inferred petroleum
and by products 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 production;
and
(iv) such further information as the Minister may
require;and shall be presented in such a way as
to give a clear indication of any expected
increase or reduction in the production activities
and the estimated life of the reservoir. ( 4 ) The Minister shall, within five days of receiving an
application under subsection ( 2 ) forwardthe application to the
Technical Committee for consideration.

nister shall, within five days of receiving an
application under subsection ( 2 ) forwardthe application to the
Technical Committee for consideration.

( 5 ) The Technical Committee shall, within thirty days of
receiving an application forwarded to it under subsection ( 4 ) ,
consider such application and may, within that period, cause such
investigations to be made or such consultations to be carried on as
the Technical Committee may consider necessary to assess whether
or not the criteria in subsection ( 6 ) has been met. ( 6 ) The Technical Committee shall, in considering an
application made under subsection ( 2 ) , take the following into
account:
(a) that the applicant is in breach of any provision of this Act
or of a condition of a licence;
(h) that the proposed programme of production operations to
be carried out in the renewal period is adequate;
(c) that the production of petroleum in the production area
has proceeded with reasonable diligence;

be carried out in the renewal period is adequate;
(c) that the production of petroleum in the production area
has proceeded with reasonable diligence;

Petroleum (Exploration and Production) [No. 10 of 2008 207
(d) that petroleum in workable quantities remains to be
produced; and
(e) that the proposed programme or development and
production area will ensure the most efficient and
beneficial use of the petroleum resources in the
production area. (7) The Technical Committee shall after considering an
application under this section recommend to the Committee—
(a) the renewal of a petroleum development and production
licence where the application meets the requirements
of this Act; or
(b) the refusal to renew a petroleum exploration licence where
the application does not meet the requirements of this
Act.

equirements
of this Act; or
(b) the refusal to renew a petroleum exploration licence where
the application does not meet the requirements of this
Act.

(8) The Minister shall, with the approval of the Committee,
reject an application for renewal where—
(a) the applicant is in breach of any provision of this Act or of
a condition of a licence;
(b) the Minister is not satisfied that—
(i) the production of petroleum in a production area
has proceeded with reasonable diligence;
(ii) petroleum in workable quantities remains to be
produced; or
(iii) the proposed programme or development and
production area will ensure the most efficient
and beneficial use of the petroleum resources
in the production area. (9) The Minister shall not reject an application on the ground
referred to in—
(a) paragraph (a) of subsection (8), unless the applicant has
been given details in writing of the breach and has failed
to remedy the same within such reasonable time as the
Minister may allow;
(b) subparagraph (i) or (ii) of paragraph (b) of subsection (8),
unless the applicant has been given a reasonable
opportunity to make written representations thereon to
the Minister; or

agraph (b) of subsection (8),
unless the applicant has been given a reasonable
opportunity to make written representations thereon to
the Minister; or

208 No. 10 of 2008] Petroleum (Exploration and Production)
(c) subparagraph (iii) of paragraph (b) of subsection (8),
unless the applicant has in writing been so notified and
has failed to propose amendments to the applicants
proposed programme of production and processing
operations satisfactory to the Minister within such time
as the Minister may allow. (10) The period of renewal of a petroleum development and
production licence shall be for such period, not exceeding twenty
years, as the Minister may, with the approval of the Committee
determine to be reasonably necessary in accordance with good
oilfield practices to recover from the production area, the maximum
amount of petroleum. (11) Where an application for a renewal of a petroleum
development and production licence has been duly made and the
licence expires before the Minister grants or refuses to grant a
renewal thereof, the licence shall be deemed to continue in force
until the Minister grants or refuses to grant a renewal of the licence,
except where the licence is cancelled under this Act or the
application for a renewal is withdrawn. Unit 38.

efuses to grant a renewal of the licence,
except where the licence is cancelled under this Act or the
application for a renewal is withdrawn. Unit 38.

(1) For the purposes of this section "unit development", in
development relation to a petroleum reservoir, means the co-ordination of
operations for the recovery of petroleum being carried on, or to be
carried on, in a development and production area, in which part of
the reservoir is located, with operations for the recovery of petroleum
being carried on, or to be carried on, in any other area in which
another part of the same reservoir is located. ( 2 ) A holder of a petroleum development and production licence
may from time to time enter into an agreement in writing with one
or more other holders of petroleum development and production
licences for or in connection with the unit development of a
petroleum reservoir and shall forthwith submit the agreement to
the Minister for approval. (3) For the purpose of securing a more effective recovery of
petroleum from a petroleum reservoir, the Minister may, on the
Minister's own motion, or on application made to the Minister in
writing by the holder of a petroleum development and production
licence in whose development and production area part of a
petroleum reservoir is located, direct in writing that such holder—

elopment and production
licence in whose development and production area part of a
petroleum reservoir is located, direct in writing that such holder—

Petroleum (Exploration and Production) [No. 10 of 2008 209
(a) enter into a written agreement with any other licensee,
whose development and production area includes part
of that petroleum reservoir, within the period specified
by the Minister in the direction, for or in relation to the
unit development of that petroleum reservoir; and
(b) forthwith lodge the agreement with the Minister for
approval. (4) Where a holder of a petroleum development and production
licence who is directed under subsection (3) to enter into an
agreement for or in relation to the unit development of a petroleum
reservoir—
(a) fails to comply with the direction; or
(b) complies with the direction but the agreement lodged with
the Minister is not approved by the Minister;
the Minister shall, by notice in writing served on the holder, direct
the holder to submit to the Minister, within the period specified in
the notice, a scheme for or in connection with the unit development
of the petroleum reservoir.

submit to the Minister, within the period specified in
the notice, a scheme for or in connection with the unit development
of the petroleum reservoir.

(5) The scheme submitted under subsection (4) and approved
by the Minister with or without modifications shall be binding on
every holder of a petroleum development and production licence
whose development and production area includes part of the
petroleum reservoir. 39. (1) A person shall not without a licence, in any development
and production area, carry on any business for which a licence is
required under the Trades Licensing Act without the consent of
the Minister:
Provided that such consent shall not entitle any person to
carry on any such business except under and in accordance
with the provisions of the Trades Licensing Act. (2) A person shall not, in any development and production area,
erect any building or other structure for the purpose of carrying on
any such business without the consent of the holder of the licence. Trading in
development
and
production
area
Cap. 393
Cap. 393

urpose of carrying on
any such business without the consent of the holder of the licence. Trading in
development
and
production
area
Cap. 393
Cap. 393

210 No. 10 of 2008] Petroleum (Exploration and Production)
P A R T V I
RESTRICTION ON EXERCISE OF RIGHTS UNDER LICENCES AND
SURFACE RIGHTS
Restrictions 40. (1) A holder of a licence shall not exercise any rights under
on exercise this Act or the licence—
of rights by
holder
(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
C a
P - 1 7 3
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 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;
Cap. 444

y 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;
Cap. 444

Petroleum (Exploration and Production) [No. 10 of 2008 211
(iii) upon any land which is the site of or is within
one hundred metres of any cattle dip, tank, dam
or any private water as defined in the Water
Act; or Cap. 198
(iv) upon any land forming part of an aerodrome,
other than an a e r o d r o m e referred to in
subparagraph (iv) of paragraph (a):
Provided that where any consent required
under this subsection is unreasonably
withheld, the Minister may arrange for
arbitration of the matter in accordance
with section forty-four;
(c) upon land occupied as a village, without the written consent
of the chief 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 a council is established
under the provisions of the Local Government Act; Cap.

res of the boundaries of, any city,
municipality or district for which a council is established
under the provisions of the Local Government Act; Cap.

281
(f) without —
(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
A c t
; Cap. 199

e with the relevant provisions of
the Forests Act, upon any land declared to be a
national forest or local forest, as defined in that
A c t
; Cap. 199

212 No. 10 of 2008] Petroleum (Exploration and Production)
Act N o . 12
of 1998
Cap. 283
Rights under
licence to be
exercised
reasonably
Right to
access and
use of water
or graze
stock
(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 without
complying with the ZambiaWildlife Act;
(i) upon any land that,under the Town and Country Planning
Act, cannot be developed without permission, unless the
requisite permission is first obtained. (2) Any consent given for the purposes of this section by the
Minister or the appropriate authority may be given unconditionally
or subject to such conditions as are specified in the terms of the
written consent. (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. 41.

means the Minister responsible for that matter or such public
officer as the Minister may authorise to give the requisite consent
in that behalf. 41.

Subject to the terms of any access agreement, the rights
conferred by a licence shall be exercised reasonably and, except
to the minimum extent necessary for the reasonable and proper
conduct of the petroleum operations, shall not be exercised so as to
prejudice the interest of any owner or occupier of the land over
which those rights extend. 42. Subject to the terms of any access agreement, the owner
or occupier of any land within an exploration or production area
shall retain the right to access and use 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 exploration or
development operations in the area. (2) In the case of a production area, the owner or lawful
occupier of any land within such area shall not erect any building
or structure thereon without the consent of the holder of the licence,
or, if such consent is unreasonably withheld, the written consent of
the Minister.

structure thereon without the consent of the holder of the licence,
or, if such consent is unreasonably withheld, the written consent of
the Minister.

(3) The rights conferred by a licence shall be exercised
reasonably so as to affect as little as possible the interests of any
owner or lawful occupier of the land over which such rights are
exercised and exploration or development operations shall be carried
out in a proper manner.

or lawful occupier of the land over which such rights are
exercised and exploration or development operations shall be carried
out in a proper manner.

Petroleum (Exploration and Production) [No. 10 of 2008 213
43. (1) Subject to subsection (2), a holder of a licence who
requires the exclusive or other use of the whole or any portion of
the exploration or production area for the purpose of the licence
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. (2) A holder of a licence 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 forty, except
with the consent of the appropriate authorities mentioned in that
section. 44.

or in
paragraphs (c) to (h) of subsection (1) of section forty, except
with the consent of the appropriate authorities mentioned in that
section. 44.

(1) Where there is any dispute as to—
(a) whether or not paragraph (b) of subsection (1) of section
forty applies in respect of any land, or the withholding
of any consent under that subsection;
(b) the withholding of any consent under section forty; or
(c) any other matter arising under this Part that is prescribed
by the Minister by statutory instrument;
any party to the dispute may by consent of both parties, apply to
the Minister to determine the dispute or the Minister 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. 45.

er into a submission within the meaning of the
Arbitration Act. (2) Subsection (1) shall have effect subject to the terms of
any access agreement. 45.

(1) A holder of a petroleum exploration licence or a
petroleum development and production licence shall, on demand
being made by the owner or lawful occupier of any land subject to
the licence, 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
petroleum 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 payable under subsection
(1), account shall be taken of any improvement effected by the
holder of the licence or by the holder's predecessor in title, the
benefit of which has or will enure to the owner or lawful occupier
thereof. Acquisition
of use of
land by
holder of
Arbitration
of disputes
Act No. 19
of 2000
Compensation
for
disturbance
of rights, etc

awful occupier
thereof. Acquisition
of use of
land by
holder of
Arbitration
of disputes
Act No. 19
of 2000
Compensation
for
disturbance
of rights, etc

214 No. 10 of 2008] Petroleum (Exploration and Production)
Cap. 199
Cap. 198
Act No. 19 of
2000. Compulsory
acquisition
of land
Cap. 189
Cap. 189
(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 petroleum. ( 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 a licence 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.

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 licence 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 in accordance
with the Arbitration Act. (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. 46. (1) Subject to the provisions of the Land Acquisition Act,
where the President considers that any land is required to secure
the development or utilization of the petroleum resources of Zambia,
the President may compulsorily acquire such land. (?.) The acquisition of land under this section shall be effected
in accordance with the provisions of the Land Acquisitions Act.

y acquire such land. (?.) The acquisition of land under this section shall be effected
in accordance with the provisions of the Land Acquisitions Act.

Petroleum (Exploration and Production) [No. 10 of 2008 215
PART VII
SURRENDER, CANCELLATION OR SUSPENSION OF LICENCES
47. (I) Subject to any condition in the holder's licence, the holder
of a licence may surrender all or any of the blocks subject to the
licence by—
(a) giving to the Minister not less than three months' notice
of the holder's intention to surrender all or any of the
blocks concerned;
(b) applying to the Minister for and obtaining a certificate of
surrender; and
(c) complying with such conditions as the Minister may
determine. (2) Where the application for a certificate of surrender is in
respect of only some of the blocks in an area covered by the licence,
the holder thereof shall—
(a) in the application, specify the block or blocks to be
surrendered and give the results of exploration
operations carried out; and
(b) where the application is approved, demarcate the remaining
area in the prescribed manner. (3) No surrender of any block covered by a licence shall be
effective until the Minister has issued a certificate of surrender in
respect of that block.

) No surrender of any block covered by a licence shall be
effective until the Minister has issued a certificate of surrender in
respect of that block.

( 4 ) A surrender shall be without prejudice to any liabilities or
obligations incurred by the holder in relation to the block surrendered
prior to the date of surrender. ( 5 ) On the issue of a certificate of surrender the Minister
shall, where the surrender is in respect of—
(a) all the blocks in an area covered by a licence, cancel such
licence; or
(b) only some of the blocks in an area covered by the licence,
amend the licence accordingly. Surrender of
area or part
of area
covered by
licence

or
(b) only some of the blocks in an area covered by the licence,
amend the licence accordingly. Surrender of
area or part
of area
covered by
licence

216 No. 10 of 2008] Petroleum (Exploration and Production)
Minister's 48. ( 1 ) Subject-to the provisions of this section, the Minister
power to m a y with the approval of the Committee, suspend or cancel a
suspend or ,. , , , , , ^ , >•
cancel licence licence where the holder ot the licence—
(a) is in breach of any provision of this Act or of a condition
of a licence;
(b) dies or becomes insolvent or commits any act of
bankruptcy or enters into any agreement or scheme of
composition with the holder's creditors or takes
advantage of any written law for the benefit of debtors
or. in the case of a company, goes into liquidation, except
as part of a scheme for the r e c o n s t r u c t i o n or
amalgamation of the holder;
(c) makes any statement to the Government in connection
with the holder's licence which the holder knows or ought
to have known was false in a material particular; or
(d) for any reason becomes ineligible to apply for a licence
under the provisions of section seven.

have known was false in a material particular; or
(d) for any reason becomes ineligible to apply for a licence
under the provisions of section seven.

(2) Before suspending or cancelling a licence under paragraph
(a) of subsection (1), the Minister shall give the holder of the licence
notice in writing specifying the provisions of this Act or the condition
of any licence in respect of which the holder is in breach and
calling upon the holder to remedy the breach within such period,
being not less than thirty days, as may be specified in such notice. (3) Where the holder of a licence fails to remedy any breach
specified in paragraph (a) of subsection ( 1 ) within the period
specified in a notice issued under subsection (2), or where there is
an event specified in paragraph (b). (c) or (d) of subsection (I), the
Minister may. by notice to the holder, cancel the licence forthwith. (4) On cancellation of a licence under the provisions of this
section, the rights of the holder of the licence shall cease but without
prejudice to any liabilities or obligations incurred in relation to the
licence prior to the date of cancellation.

the licence shall cease but without
prejudice to any liabilities or obligations incurred in relation to the
licence prior to the date of cancellation.

Petroleum (Exploration and Production) [No. 10 of 2008 217
PART VIII
TRANSFERS AND REGISTRATION
49. (1) The Minister shall cause to be kept a register, in such Register
form as may be determined by the Minister, in which shall be
recorded—
(a) the details of the holders of petroleum exploration licences
and petroleum development and production licences
granted under this Act; and
(b) the date of issue and duration of the licences referred to
in paragraph (a);
(c) every programme of exploration and development and
production operations and every amendment thereto;
(d) every renewal of a licence referred to in paragraph (a)
and the conditions of the renewal; and
(e) every employment and training plan submitted under this
Act. ( 2 ) Any person may, upon payment of the prescribed fee,
inspect the register kept under subsection (1) and may obtain
certified copies of any document contained therein. 50.

n payment of the prescribed fee,
inspect the register kept under subsection (1) and may obtain
certified copies of any document contained therein. 50.

A legal or equitable interest in or affecting a licence shall
not —
Interest in
licence to be
created by
instrument in
writing
(a) be capable of being created, transferred, assigned or dealt
with, whether directly or indirectly, except by instrument
in writing; or
(b) affect the liability of the holder of the licence for a breach
of any condition of the licence or of any provision of
this Act. 51. ( 1 ) Except where the Minister otherwise approves—
(a) the transfer of a licence; or
(b) an instrument by which a legal or equitable interest in or
affecting a licence is created, assigned or dealt with,
whether directly or indirectly,the transfer or the
instrument shall be of no effect. Transfer, etc.. of licence to be
approved by
Minister

dealt with,
whether directly or indirectly,the transfer or the
instrument shall be of no effect. Transfer, etc.. of licence to be
approved by
Minister

218 No. 10 of 2008] Petroleum (Exploration and Production)
Minister
ma)
require
additional
information
Evidence
(2) An application for approval by the Minister under subsection
(1) shall be made to the Minister in such form as may be prescribed
or determined by the Minister. (3) Subject to subsections (4) and (5), on application made
under subsection (2) the Minister may give or refuse to give
approval, or give approval subject to such conditions as the Minister
considers necessary in the circumstances to impose. (4) The Minister shall give approval to the transfer of a
petroleum exploration licence where the transferee—
(a) is a person controlling, controlled by or under common
control with the transferor; and
(b) is not a person disqualified under any provision of this Act
from holding a petroleum exploration licence. (5) Where the Minister gives approval under subsection (4),
the Minister shall cause the name of the transferee to be recorded
as the holder of the licence, and any legal proceedings which may
be or have been commenced against that holder may be commenced
or continued notwithstanding the transfer.

licence, and any legal proceedings which may
be or have been commenced against that holder may be commenced
or continued notwithstanding the transfer.

(6) For the purposes of paragraph (a) of subsection (1 )a
reference to the "transfer of a licence" shall include a transfer of a
licence by operation of law. 52. The Minister may require any person making application
under section////y-o/?e to furnish the Minister in writing with such
additional information as the Minister may require to enable the
53. The Minister may issue a certificate in respect of any of
the following matters:
(a) that a licence was granted, transferred, suspended or
cancelled on or with effect from the date specified in
the certificate;
(b) that a block, identified in the certificate, is or was on the
date specified therein subject to a licence;
(c) that a certificate of surrender in respect of a particular
block was issued on the date specified in the certificate;
(d) that the person named in the certificate is or was on the
date specified in the certificate the registered holder of
a licence;

n the certificate;
(d) that the person named in the certificate is or was on the
date specified in the certificate the registered holder of
a licence;

Petroleum (Exploration and Production) [No. 10 of 2008 219
Work
practices
for holder of
licence
(e) a direction, specified in the certificate, was, on the date
specified therein, given to the person named in the
certificate; or
(/9that a condition specified in the certificate—
(i) is or was on the date specified therein a condition
of the licence; or
(ii) is a condition on which the certificate of surrender
or on which the consent or approval, as
specified, was issued or given, and, without
prejudice to the right to adduce evidence in
rebuttal, such a certificate shall be admissible
as evidence of that fact in any proceedings
before a court of competent jurisdiction or
arbitral tribunal. PART IX
GENERAL PROVISIONS RELATING TO HOLDERS OF LICENCES
54.

fact in any proceedings
before a court of competent jurisdiction or
arbitral tribunal. PART IX
GENERAL PROVISIONS RELATING TO HOLDERS OF LICENCES
54.

( 1 ) A holder of a licence shall—
(a) carry out in the exploration or development and production
area exploration or development and production
operations in a proper, safe and workmanlike manner
and in accordance with good oilfield practices;
(b) take all reasonable steps necessary to secure the safety,
health and welfare of persons engaged in operations in
or about the exploration or development and production
area; and
(c) comply with regulations and any direction given, restriction
imposed or requirement requested by an inspector in
the performance of the inspector's duties under this Act. (2) Notwithstanding the generality of subsection (1), a holder
of a licence shall—
(a) control the flow and prevent the waste or escape in the
exploration or development and production area of
petroleum gas (not being petroleum or water);
(b) prevent the escape in the exploration or development and
production area of any mixture of water or drilling fluid
and petroleum or any other substance;

event the escape in the exploration or development and
production area of any mixture of water or drilling fluid
and petroleum or any other substance;

220 No.

220 No.

10 of 2008] Petroleum (Exploration and Production)
(c) prevent damage to petroleum bearing strata in an area in
respect of which the licence is not in force;
(d) keep separate in the manner prescribed—
(i) each petroleum reservoir discovered in the
exploration or development and production area;
and
(ii) such of the sources of water, if any, discovered in
the exploration or development and production
area, as the Minister may, by notice in writing
served on the holder, direct;
(e) except where required by and in accordance with good
oilfield practices, prevent water or any other substance
entering a petroleum reservoir through any well in the
exploration or development and production area;
(f) prevent the pollution of any water well, spring, stream,
river, lake, reservoir or estuary by the escape of
petroleum, salt water, drilling fluid, chemical additive,
gas (not being petroleum) or any other waste product or
effluent;
(g) where a pollution occurs, treat or dispose of it in an
environmentally acceptable manner; and
(h) prior to the drilling of a well, furnish the Minister with a
detailed report on the technique to be employed, an
estimate of the time to be taken, the material to be used
and the safety measures to be employed in the drilling
of the well.

nique to be employed, an
estimate of the time to be taken, the material to be used
and the safety measures to be employed in the drilling
of the well.

(3) Where the consent in writing of the Minister has been
obtained, nothing in this section shall prevent a holder of a licence
from flaring natural gas in accordance with the terms of the notice
of consent. ( 4 ) Nothing in this section shall prevent a holder of a licence
from flaring natural gas without the prior written consent of the
Minister where, in an emergency, flaring is necessary to safeguard
the health and safety of persons in the exploration or development
and production area or to prevent damage to the property of any
person in such area. (5) A holder of a licence shall give the Minister notice in writing,
in such form as may be prescribed or determined by the Minister,
of the holder's intention to abandon a well, and the closure or plugging
of a well shall be carried out only with the prior written consent of
the Minister and in the manner prescribed or determined by the
Minister.

lugging
of a well shall be carried out only with the prior written consent of
the Minister and in the manner prescribed or determined by the
Minister.

Petroleum (Exploration and Production) [No. 10 of 2008 22 \
55. (1) Where the Minister considers that the holder of a
petroleum development and production licence is using wasteful
production practices, the Minister may notify such holder accordingly
and require the holder to show cause, within such time as the
Minister shall specify, why the holder should not cease to use such
practices. ( 2 ) Where, within the time specified in any notice issued under
subsection (1), the holder of a licence fails to satisfy the Minister
that the holder is not using wasteful production practices, or that
the use of such practices is justified, the Minister may order the
holder to cease using such practices within such time as the Minister
may specify. (3) Where the holder of a licence fails, after being ordered to
do so, to cease using wasteful production practices, the Minister
may cancel the licence or may suspend such licence for such period
as the Minister may, with the approval of the Committee determine. 56. (1) A holder of a licence shall—
(a) maintain in good condition and repair all structures.

ster may, with the approval of the Committee determine. 56. (1) A holder of a licence shall—
(a) maintain in good condition and repair all structures.

equipment and other property used in connection with
the exploration or development and production operations
in which the holder is engaged in the exploration or
production area;
(b) remove from the exploration or development and
production area concerned all structures, equipment and
other property which are not used or to be used in
connection with the exploration or development and
production operations in which the holder is engaged;
and
(c) take reasonable steps to warn persons who may be in the
vicinity of any such structure, equipment or other
property of the presence thereof and the possible hazards
which may result therefrom. ( 2 ) The provisions of subsection (1) shall not apply to a structure,
equipment or other property which was, without the authority of
the holder of the licence brought into the exploration or development
and production area subject to a licence. Wasteful
productic
practices
Maintenance,
etc.. of
property

ence brought into the exploration or development
and production area subject to a licence. Wasteful
productic
practices
Maintenance,
etc.. of
property

222 No. 10 of 2008] Petroleum (Exploration and Production)
Drilling near
boundaries
Removal of
property,
etc., by
holder
(3) A holder of a petroleum exploration licence or petroleum
development and production licence who contravenes any provisions
of subsection (1) commits an offence and is liable on conviction—
(a) in the case of an individual, to a fine not exceeding fifty
thousand penalty units or to imprisonment for a term not
exceeding one year, or to both; or
(b) in the case of a body corporate, to a fine not exceeding
seven hundred thousand penalty units. 57. (1) Except with the consent in writing of the Minister, a
holder of a licence shall not drill a well any part of which is less
than one thousand metres from a boundary of the area subject to
the licence. (2) Where a holder of a licence does not comply with
subsection (1), the Minister may, by notice in writing served on the
holder, direct that, within the period specified in the notice, the
holder take one or more of the following actions:
(a) plug the well;
(b) close off the well;
(c) comply with any direction specified in the notice relating
to the drilling or maintenance of the well.

(a) plug the well;
(b) close off the well;
(c) comply with any direction specified in the notice relating
to the drilling or maintenance of the well.

(3) Any person who fails to comply with a direction under
subsection (2) commits an offence and is liable on conviction —
(a) in the case of an individual, to a fine not exceeding three
hundred thousand penalty units or to imprisonment for a
term not exceeding three years, or to both; or
(b) in the case of a body corporate, to a fine not exceeding
nine hundred thousand penalty units. 58. (1) A holder of a petroleum exploration or petroleum
development and production licence over land that ceases to be
subject to a petroleum exploration or development and production
licence—
(a) may, within the prescribed period; and
(b) shall, if directed to do so by the Minister by notice in
writing, within the period specified in the notice;

ay, within the prescribed period; and
(b) shall, if directed to do so by the Minister by notice in
writing, within the period specified in the notice;

Petroleum (Exploration and Production) [No. 10 of 2008 223
(i) cause to be removed from the land any plant
brought onto, or erected upon that land in the
course of exploration or development and
production operations carried out under the
exploration or development and production
licence;
(ii) plug or close off, to the satisfaction of the Minister,
all wells made in that area by the person
engaged or concerned in the operations; and
(iii) make provision, to the satisfaction of the Minister,
for the conservation and protection of the natural
resources in that area. (2) Any dam and the water impounded thereby shall be left
intact and any machinery or equipment connected therewith may
be removed only with the written consent of the Minister. (3) Nothing in this section or in any direction given under it
shall be construed as requiring any person who is or was the holder
of a licence to do anything which is not, or to refrain from doing
anything which is, in accordance with good oilfield practices.

is or was the holder
of a licence to do anything which is not, or to refrain from doing
anything which is, in accordance with good oilfield practices.

(4) Any person to whom a direction is given under subsection
(1) who fails to comply with the direction within the period specified
in the notice commits an offence and is liable on conviction—
(a) in the case of an individual, to a fine not exceeding ten
thousand penalty units or to imprisonment for a term not
exceeding six months, or to both; or
(b) in the case of a body corporate, to a fine not exceeding
fifteen thousand penalty units. (5) The Minister may give a direction under this section even
though the prescribed period has not expired. ( 6 ) In this section," prescribed period "means a period of six
months from the date on which the land ceased to be subject to the
licence or such longer period as the Minister may allow. 59. (1) Where any plant is not duly removed under section fifty- Sale of plant
eight, the Minister may direct that the plant be sold by public auction. (2) Any plant remaining unsold after the public auction under
subsection (1) has been held, may be sold by private treaty.

be sold by public auction. (2) Any plant remaining unsold after the public auction under
subsection (1) has been held, may be sold by private treaty.

224 No. 10 of 2008] Petroleum (Exploration and Production)
(3) The following amounts shall be deducted from tne 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 plant remaining
unsold after the public auction;
(c)any amount owing in respect of compensation payable
under the Act; and
(d) any other amount that the Minister 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.

re 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
(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. Survey of 60. ( 1 ) The Minister may at any time, by notice in writing served
wells, etc o n a holder of a licence, direct the holder to—
(a) demarcate and keep demarcated, in such a manner as
may be prescribed, the production area, and submit to
the Minister, within such time as may be prescribed, a
diagram of the production area;
(b) carry out a survey of the position of any well or of any
structure or equipment; or
(c) furnish to the Minister in writing, within a period specified
in the notice, a report of the survey.

any well or of any
structure or equipment; or
(c) furnish to the Minister in writing, within a period specified
in the notice, a report of the survey.

Petroleum (Exploration and Production) [No. 10 of 2008 225
Transfer of
control
of company
(2) Where the Minister is not satisfied with a report furnished
by the holder under subsection (1), the Minister may, by notice in
writing served on the holder of a licence, direct the holder to
immediately furnish in writing such further information as the
Minister may require. (3) Where a person to whom a direction is given under
subsection (1) fails to comply therewith, the Minister may cause to
be carried out the survey specified in the notice containing the
direction. (4) Notwithstanding that a holder may be convicted of an offence
under subsection (5), any costs or expenses incurred pursuant to
subsection (3) shall be a debt due to the Government and
recoverable in a court of competent jurisdiction.

any costs or expenses incurred pursuant to
subsection (3) shall be a debt due to the Government and
recoverable in a court of competent jurisdiction.

(5) Any person to whom a direction is given under subsection
(1) or (2) who fails or neglects to comply therewith commits an
offence and is liable on conviction—
(a) in the case of an individual, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a
term not exceeding three years, or to both; or
(b) in the case of a body corporate, to a fine not exceeding
three hundred thousand penalty units. 61. (1) A company that holds a licence shall not, after the
date of the grant of the licence, without the written consent of the
Minister—
(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.

r 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

on'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

226 No. 10 of 2008] Petroleum (Exploration and Production)
Cap. 388
Holder to have
office in
Zambia
P r e f e r e n c e
for Zambian
p r o d u c t s ,
etc. Cap. 388
Insurance
and
indemnities
(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. 62. (1) A holder of a petroleum exploration licence or a
petroleum development and production licence shall maintain an
office in Zambia to which communications may be sent and shall
give notice to the Director of that address and of any changes of
that address. (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). 63.

r
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). 63.

(1) A holder of a licence issued under this Act, shall, in the
conduct of petroleum operations under the licence, and in the
purchase, construction and installation of facilities, give preference
to the maximum extent possible consistent with safety, efficiency
and economy, to—
(a) materials and products made in Zambia; and
(b) service agencies located in Zambia and owned by Zambian
citizens or bodies corporate registered under the
Companies Act. (2) A holder of a licence shall, in all phases of the holder's
operations, give preference in employment to citizens of Zambia to
the maximum extent possible consistent with safety, efficiency and
economy. (3) A holder of a licence shall, in the holder's operations,
conduct training programmes in consultation with the Minister for
the benefit of employees to enable the employees qualify for
advancement. 64. (1) A holder of a petroleum exploration or a development
and production licence shall—
(a) obtain, and maintain at all times during the lifetime of the
petroleum exploration or development and production
licence and for theprescribed period thereafter; and

ntain at all times during the lifetime of the
petroleum exploration or development and production
licence and for theprescribed period thereafter; and

Petroleum (Exploration and Production) [No. 10 of 2008 227
(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. (2) A statutory instrument made under subsection (1) shall
include r e q u i r e m e n t s for such insurance coverage as is
internationally recognised to obtain in the petroleum industry in
accordance with good oilfield practices. (3) A holder of a petroleum exploration licence or a petroleum
development and production licence shall, if so directed by the
Minister by a notice in writing, obtain and maintain in force in
respect of the exploration or production operations carried on by
the holder, such insurance cover as the Minister may consider
reasonably necessary in the public interest.

tion or production operations carried on by
the holder, such insurance cover as the Minister may consider
reasonably necessary in the public interest.

(4) A holder of a petroleum exploration licence or petroleum
development and production 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 exploration or development and production 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 of twenty thousand
penalty units for each day the contravention continues. 65.

tion to a penalty of one
million penalty units and to a further penalty of twenty thousand
penalty units for each day the contravention continues. 65.

Any person who, without reasonable excuse, obstructs, obstruction
molests, hinders or prevents a holder of a licence in or from doing of
any act authorised to be done under the provisions of this Act holder of
commits an offence and is liable, on conviction, to a fine not l i c e n c e
exceeding thirty thousand penalty units or to imprisonment for a
term not exceeding twelve months.

liable, on conviction, to a fine not l i c e n c e
exceeding thirty thousand penalty units or to imprisonment for a
term not exceeding twelve months.

228 No. 10 of 2008] Petroleum (Exploration and Production)
P A R T X
SAFETY, HEALTH AND ENVIRONMENTAL PROTECTION
Environment
and human
health to be
considered
when granting
exploration or
development
and production
licences
Cap. 204
Conditions
for protection
of
environment
and human
health
66. The Minister shall, in deciding whether or not to grant an
exploration or development and production 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 exploration or production activity
prevents any adverse socio-economic impact or harm to h u m a n
health in or on the land over which the licence is sought, and the
Minister may require the applicant to submit the results of any
environmental impact studies conducted in accordance with or as
required by the Environmental Protection and Pollution Control Act
to enable such a decision to be made. 67.

tudies conducted in accordance with or as
required by the Environmental Protection and Pollution Control Act
to enable such a decision to be made. 67.

(1) The conditions subject to which the licence 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 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 landover which the licence
has effect as may have been damaged or adversely
affected by exploration or development and production
area; and

art of the landover which the licence
has effect as may have been damaged or adversely
affected by exploration or development and production
area; and

Petroleum (Exploration and Production) |No. 10 of 2008 229
(d) the filling in, sealing or fencing off of wells. (2) Any conditions of the kind referred to in subsection ( 1 )
shall—
(a) conform to specifications and practices established by
national standards for the management of the
environment as it is affected by exploration and
development and production operations; and
(b) include requirements for the lodgment, by an applicant for
the grant or renewal of a licence, of one or more cash
deposits for securing the performance by such applicant
of all or any such conditions. 68. ( 1 ) The Minister may cause to be served on a person who
is or has been a holder of a 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 plan, or otherwise
attaching to the right, for the protection of the environment in
accordance with the Environmental Protection and Pollution Control
Act. (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. 69.

th a direction served
under subsection ( 1 ) commits an offence and is liable, upon
conviction, to a fine not exceeding one million penalty units. 69.

( 1 ) The Minister may, where a person to whom a direction
is given under section sixty-eight 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 Minister stating that a specified
amount is the amount of the debt so due shall be admissible as
evidence in all courts forthe 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. 70. ( 1 ) There shall be an Petroleum Environmental Protection
Fund, which shall be administered and managed in such manner as
the Minister may, by statutory instrument, prescribe. Direction to
comply with
conditions of
licence
Cap. 204
Rehabilitation
by Minister
at holder's
expense
P e t r o l e u m
Environmental
P r o t e c t i o n
Fund

to
comply with
conditions of
licence
Cap. 204
Rehabilitation
by Minister
at holder's
expense
P e t r o l e u m
Environmental
P r o t e c t i o n
Fund

230 No. 10 of 2008] Petroleum (Exploration and Production)
(2) There shall be paid into the Fund the amount of any cash
deposit referred to in paragraph (b) of section sixty-seven. ( 3 ) Moneys from the Fund may be applied—
(a) at the expiry or termination of a licence by way of refund
to the holder thereof of the amount of any cash deposits
referred to in paragraph (b) of subsection (2) of section
sixty-seven 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 this Part 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 subsection (2)that were
lodged by that person.

the satisfaction of the
person's debts shall not exceed the amount of any
cash deposits referred to in subsection (2)that were
lodged by that person.

(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 71. (1) A holder shall be strictly liable for any harm or damage
redress caused by exploration or development and production 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.

Petroleum (Exploration and Production) (No. 10 of 2008 231
(5) Liability shall also extend to—
(a) any harm or damage caused directly or indirectly by the
exploration and development and production 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) any damage to the economy of an area or community; or
(g) any other consequential disorder.

soil contamination
or damage to biological diversity;
(f) any 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 exploration or
development and production 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
exploration or development and production operations,
having regard to the situation or circumstance of the
person or community affected.

arm with the
exploration or development and production operations,
having regard to the situation or circumstance of the
person or community affected.

(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 person's 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.

ass of
person whose interests are affected;
(d) in the public interest; and
(e) in the interest of protecting the environment or biological
diversity.

232 No. 10 of 2008) Petroleum (Exploration and Production)
(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. (9) Where any harm or damage is caused to human and animal
health by exploration operations or development and production
operations, compensation shall include—
(a) any costs and medical expenses;
(b) compensation for any disability suffered; and
(c) compensation for loss of life. P A R T X I
GOVERNMENT REVENUES
Income tax
Cap. 323
Employee
taxation
Cap. 323
Cap. 323
Royalty or
p r o d u c t i o n
payment
72. A holder of a petroleum development and production
licence shall be liable forthe payment of income tax in accordance
with the Income Tax Act on the income deriving from petroleum
operations. 73. (1) The income of individuals who are employed by a holder
of a licence, or who hire their services out to a holder shall be
subject to the payment of income tax in accordance with the Income
Tax Act.

a holder
of a licence, or who hire their services out to a holder shall be
subject to the payment of income tax in accordance with the Income
Tax Act.

(2) A holder of a licence shall be obliged to withhold and pay
to the State any income tax assessed on the taxable income of
such individuals in accordance with and as required by the Income
Tax Act. 74. (1) The Commissioner-General shall require a holder of a
petroleum development and production licence to pay to the State
a royalty or production payment in cash or in kind, at the option of
the State, on the gross value or volume, as the case may be, of
crude oil produced and saved in the production area after deducting
the amount of crude oil used and consumed in the conduct of
petroleum operations.

crude oil produced and saved in the production area after deducting
the amount of crude oil used and consumed in the conduct of
petroleum operations.

Petroleum (Exploration and Production) [No. 10 of 2008 233
(2) The Commissioner-General shall require a holder of a
petroleum development and production licence to pay to the State
a royalty or production payment based on the gross value or volume,
as the case may be, of natural gas produced, saved and sold from
the production area after deducting the amount of natural gas used
and consumed in the conduct of petroleum operations. (3) The Minister responsible for finance shall, by statutory
instrument, prescribe the amount of royalties payable by a holder
of a petroleum development and production licence under this
section. 75. (1) Where, for any reason, it is impractical to assess the Provisional
amount of any royalty due, the Commissioner-General may assess royalty
a provisional royalty. (2) When any royalty due has been ascertained, the holder of
the petroleum and production licence concerned shall pay any sum
which may be required to complete such ascertained royalty or be
entitled to be repaid any sum paid in excess of the ascertained
royalty. 76.

any sum
which may be required to complete such ascertained royalty or be
entitled to be repaid any sum paid in excess of the ascertained
royalty. 76.

(1) Where a holder of a petroleum development and P r o h i b i t i o n
production licence fails to pay any royalty or provisional royalty on disposal of
iue in respect of that licence on or before the due date or any
extension thereof, or where the Commissioner-General has reason
to believe that petroleum has been produced from any area and
royalties have not been paid in respect thereof, the Commissioner-
General may, by order served on the holder of the licence, prohibit
the disposal of, or any dealings in or with, any petroleum from the
production area concerned, or from any other area held by such
holder under a development and production licence until all
outstanding royalties have been paid or until an arrangement has
been made, acceptable to the Commissioner-General, for the
payment of such royalties. (2) Any holder of a development and production licence who
fails to comply with an order under this section or, contrary thereto,
receives any petroleum from the area concerned, commits an
offence and should be liable, on conviction to a fine not exceeding
thirty thousand penalty units or to imprisonment for a term not
exceeding one year, or to both. petroleum

iable, on conviction to a fine not exceeding
thirty thousand penalty units or to imprisonment for a term not
exceeding one year, or to both. petroleum

234 No. 10 of 2008) Petroleum (Exploration and Production)
Remission of 77. ( 1 ) Where the Commissioner-General considers it expedient
royalty, etc. in the interests of the production of petroleum, the Commissioner-
General may, for such period as the Commissioner-General may
determine, remit, in whole or in part, any royalty payable on
petroleum obtained from a particular production area. ( 2 ) The Commissioner-General may, on application made by a
holder of a development and production licence, defer, for such
period and subject to such conditions as the Commissioner-General
may determine, payment of any royalty due from the holder. (3) The Commissioner-General may exempt from liability to
pay royalty, samples of petroleum required for the purpose of analysis
or other examination. Recovery o f 78. ( 1 ) Any royalty, fee, rent or other payment which may
royalty, etc. become due in respect of any right under the provisions of this Act
shall be a debt due to the Government and recoverable in a court
of competent jurisdiction.

e in respect of any right under the provisions of this Act
shall be a debt due to the Government and recoverable in a court
of competent jurisdiction.

( 2 ) Without prejudice to the right to adduce evidence in rebuttal,
a certificate issued by the Commissioner-General certifying that a
specified amount of royalty, is payable by a specified person shall,
in any proceedings instituted against that person for the recovery
of any such royalty, be received as evidence of that fact. 79. ( 1 ) There shall be payable to the Government by the holder
of a licence an annual fee of such amount as may be determined
by the Minister by statutory instrument. ( 2 ) The annual fee payable pursuant to subsection ( 1 ) shall be
payable on the grant of a licence and thereafter annually on the
anniversary of the grant until the termination of the licence. Security for 80. The Minister may make such arrangements as appear
compliance appropriate to the Minister to secure the compliance of a holder
with the provisions of this Act and, in particular may accept
guarantees, whether from shareholders or otherwise, in respect of
such compliance. Annual fee in
respect of
licence

Act and, in particular may accept
guarantees, whether from shareholders or otherwise, in respect of
such compliance. Annual fee in
respect of
licence

Petroleum (Exploration and Production) [No. 10 of 2008 235
of Hydrocarbon
Unit
Functions of
Unit
PART XII
THE HYDROCARBON UNIT
81. ( 1 ) There is hereby established a Hydrocarbon Unit which Establishment
shall be based in the Ministry responsible for mines and which shall
be under the control and supervision of the Minister. (2) The expenses of the Unit shall be charged on and issued
out of the general revenues of the Republic. 82. (1) The Unit shall perform its functions so as attain the
objectives of this Act. (2) Notwithstanding the generality of subsection (1), the Unit
shall be responsible for—
(a) implementing Government policy relating to the exploration
for, and the development and production of. petroleum;
(b) monitoring the conduct of petroleum operations by holders
of licences under this Act;
(c) receiving and processing bids and applications for licences
under this Act; and
(d) providing advice to, and information required by, the
Minister. 83. (1) There shall be a Director for theUnit who shall be a
public officer appointed by the Public Service Commission.

ion required by, the
Minister. 83. (1) There shall be a Director for theUnit who shall be a
public officer appointed by the Public Service Commission.

(2) The Director shall, subject to the general or specific
directions of the Minister —
(a) be responsible for the administration of the Unit;
(b) be responsible to the Minister for matters concerning
petroleum operations; and
(c) exercise the functions conferred or imposed upon the
Director by or under this Act. (3) There shall be appointed by the Public Service Commission
such other officers of the Unit as shall be necessary to assist the
Director in the performance of the Director's and the Unit's
functions under this Act. (4) Any function conferred on the Director by or under this
Act may be performed by any person acting as Director if the
Director is for any reason unable to perform any function of the
office. Director and
other public
officers

ed by any person acting as Director if the
Director is for any reason unable to perform any function of the
office. Director and
other public
officers

236 No. 10 of 2008] Petroleum (Exploration and Production)
P u b l i c
officer not
to acquire or
hold certain
rights
Indemnity
o f officers
Prohibition
of disclosure
of
information
84. ( 1 ) A public officer shall not, directly or indirectly acquire
any right or interest in any licence issued under this Act, and any
document or transaction purporting to confer any right or interest
on any such officer shall be null and void. ( 2 ) A public officer employed in the Ministry responsible for
mines shall not acquire or retain any share in any company carrying
on exploration or development operations in Zambia:
Provided that the Minister may authorise a departure from
the provisions of this subsection where, in the Minister's
opinion, the operations in Zambia of the company
concerned form a negligible part of the total operations
of that company. ( 3 ) Any person who contravenes subsection ( 2 ) commits an
offence and is liable on conviction to a fine not exceeding fifty
thousand penalty units or to imprisonment for a term not exceeding
twelve months, or to both. 85.

s liable on conviction to a fine not exceeding fifty
thousand penalty units or to imprisonment for a term not exceeding
twelve months, or to both. 85.

No public officer shall be liable for anything done or omitted
to be done in good faith in the performance, or purported
performance of any function conferred on or delegated to that
officer by or under this Act. 86. ( 1 ) A person shall not disclose any information—
(a) obtained by that person in connection with the
administration of this Act; or
(b) furnished by a holder of a licence under this Act without
the consent of the licensee;
except where the disclosure is made—
(a) for or in connection with the administration of this Act;
(b) to a person, being an officer employed in the Hydrocarbon
Unit or a consultant to the Government for the purpose
of facilitating the performance by the consultant of any
functions under the consultancy arrangement;
(c) for the purpose of any legal proceedings;
(d) for the purpose of preparing official statistics or publications
relating to exploration or development and production
operations;
(e) for the purpose of determining the licensee's liability to
the State; or
(j) for any purpose which may be prescribed.

t and production
operations;
(e) for the purpose of determining the licensee's liability to
the State; or
(j) for any purpose which may be prescribed.

Petroleum (Exploration and Production) [No. 10 of 2008 237
(2) Where an area has been but is no longer subject to a licence,
nothing in subsection (1) shall, except where the Minister otherwise
directs, operate to prevent the disclosure by or on behalf of the
Government of any geological information or matter concerning
that area. (3) Any person who contravenes subsection (l)commits an
offence and is liable on conviction to a fine not exceeding fifty
thousand penalty units or to imprisonment for a term not exceeding
twelve months, or to both. (4) Where proceedings are instituted for an offence under this
section, it shall be a sufficient defence where the accused person
proves that the information disclosed was, prior to the disclosure,
generally known. PART XIII
PETROLEUM COMMITTEE
87. (1) The Petroleum Committee established under the Continuation
repealed Act shall continue to exist as if established under this Act. of Petroleum
Committee
(2) The provisions of the Schedule shall apply to the Committee. 88. (1) The functions of the Committee are to— Functions of
the
(a) formulate policies relating to the exploration for.

shall apply to the Committee. 88. (1) The functions of the Committee are to— Functions of
the
(a) formulate policies relating to the exploration for.

and the Committee
development and production of, petroleum in Zambia;
(b) approve the constitution of blocks under this Act;
(c) approve applications for licences and the renewal of
licences under this Act;
(d) determine conditions applicable to licences issued under
this Act;
(e) approve programmes of exploration operations or
development and production operations;
(j) approve the suspension, cancellation or transfer of licences
issued under this Act; and
(g) perform such other functions as are provided for under
this Act. (2) The Committee shall determine any application or matter
before it within thirty days of receiving a recommendation on it
from the Technical Committee.

The Committee shall determine any application or matter
before it within thirty days of receiving a recommendation on it
from the Technical Committee.

238 No. 10 of 2008] Petroleum (Exploration and Production)
Secretary
(3) The Committee shall, in the performance of its functions
under this Act, take into consideration the recommendations of the
Technical Committee. Composition 89. The Committee shall consist of the following part-time
of Committee m e m b e r s :
(a) the Minister responsible for mines, who shall be
Chairperson;
(b) four Ministers appointed by the President, one of whom
shall be designated Vice Chairman;
(c) the Governor of the Bank of Zambia or in the Governor's
absence the Deputy Governor;
(d) not more than three other persons who shal 1 be appointed
by the President on such terms and conditions as the
President may determine. 90. (1) The Permanent Secretary in the Ministry responsible
for mines shall be the Secretary to the Committee. (2) The Secretary shall be responsible for the day to day affairs
of the Committee under the general supervision of the Chairperson. 91.

he Committee. (2) The Secretary shall be responsible for the day to day affairs
of the Committee under the general supervision of the Chairperson. 91.

(1) There is hereby constituted the Petroleum Technical
Committee which shall comprise the following part-time members
appointed by the Minister:
(a) the Permanent Secretary in the Ministry responsible for
mines, who shall be the Chairperson;
(b) a r e p r e s e n t a t i v e each of the following
departments of the Ministry:
(i) Geological Survey Department;
(ii) Mines Development Department;
(iii) the Mines Safety Department; and
(iv)the Hydrocarbon Unit;
(c) a representative of the Department of Energy of the
Ministry responsible for energy;
(d) a representative of the Environmental Council of Zambia;
(e) a representative of the Bank of Zambia;
(j) a representative of the Energy Regulation Board;
(g) a representative of the School of Mines of the University
of Zambia;
Petroleum
Technical
Committee

representative of the Energy Regulation Board;
(g) a representative of the School of Mines of the University
of Zambia;
Petroleum
Technical
Committee

Petroleum (Exploration and Production) [No. 10 of 2008 239
(h) a representative of the Attorney-General;
(i) a representative of the Zambia National Tender Board;
(j) a representative of the Geological Society of Zambia;
(k) a representative of the Engineering Institute of Zambia;
and
(I) a representative of —
(i) the Ministry responsible for finance;
(ii) the Ministry responsible for local government
and housing; and
(iii) the Ministry responsible for labour and social
security. (2) The Vice-Chairperson shall be elected by the members of
the Technical Committee from among themselves. (3) Subject to subsection (4), a member of the Technical
Committee 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.

ical
Committee 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.

( 4 ) The office of a member shall become 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 Technical Committee of which the member has
had notice, without the prior approval of the Chairperson;
(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 Minister;
(e) if the member becomes mentally or physically incapable
of performing the duties of a member of the Technical
Committee;
(f) if the member ceases to hold the office by virtue of which
the member was appointed; or
(g) if the member is convicted of an offence involving
dishonesty or fraud under this Act or any other written
law.

which
the member was appointed; or
(g) if the member is convicted of an offence involving
dishonesty or fraud under this Act or any other written
law.

240 No. 10 of 2008] Petroleum (Exploration and Production)
(5) A member may resign from office by giving not less than
one month's notice in writing to the Minister. (6) Where a vacancy occurs in terms of subsection (4), the
Minister shall appoint another member in place of the member
who vacates office in accordance with subsection (1), and such
member shall hold office for the remainder of the term. (7) Subject to the other provisions of this Act, the Technical
Committee may regulate its own procedure. (8) The Technical 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. (9) The Chairperson may, upon giving notice of not less than
fourteen days, call a meeting of the Technical Committee and shall
call a special meeting upon giving a shorter notice where the
urgency of any particular matter so determines. (10) The quorum at a meeting of the Technical Committee shall
be half of the members of the Technical Committee.

any particular matter so determines. (10) The quorum at a meeting of the Technical Committee shall
be half of the members of the Technical Committee.

(11) There shall preside at any meeting of the Technical
Committee—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson;
or
(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. (12) 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. (13) Where a member is for any reason unable to attend any
meeting of the Technical 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. (14) 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 Technical Committee but such person shall
have no vote.

its opinion is desirable to attend and to participate in the deliberations
of a meeting of the Technical Committee but such person shall
have no vote.

Petroleum (Exploration and Production) [No. 10 of 2008 241
(15) 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. (16) The Committee shall cause minutes to be kept of the
proceedings of every meeting of the Committee. ( 1 7 ) A member of the Technical Committee shall be paid such
allowances as the Minister may determine. (18) The Minister shall assign persons employed in the
Hydrocarbon Unit to perform such secretarial and administrative
functions in connection with the Technical Committee as may be
necessary for the performance of its functions. 92. (1) The functions of the Petroleum Technical Committee
are to advise the Petroleum Committee on all technical matters
relating to petroleum and its development in Zambia.

the Petroleum Technical Committee
are to advise the Petroleum Committee on all technical matters
relating to petroleum and its development in Zambia.

(2) Notwithstanding the generality of subsection (1), the
Petroleum Technical Committee shall—
(a) evaluate applications for petroleum exploration licences
and petroleum development and production licences;
(b) recommend the issuance or refusal of exploration licences
and development and production licences;
(c) recommend the approval of work programmes and the
expenditure budgets submitted by bidders for or holders
of licences; and
(d) perform such other functions as areprovided for under
this Act or as maybe assigned to it by the Petroleum
Committee or the Minister. 93. (1) A member or person who is present at a meeting of
the Technical 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
c o n s i d e r a t i o n , shall, as soon as is practicable after the
commencement of the meeting, disclose that interest and shall not,
unless the Committee otherwise directs, take part in any
consideration or discussion of, or vote on any question relating to,
that matter.

shall not,
unless the 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 section shall be
recorded in the minutes of the meeting at which it is made. Functions of
Petroleum
Technical
Committee
Disclosure
of
interest

er this section shall be
recorded in the minutes of the meeting at which it is made. Functions of
Petroleum
Technical
Committee
Disclosure
of
interest

242 No. 10of2008| Petroleum (Exploration and Production)
PART X I V
INSPECTION
Appointment 94. (1) The Minister shall appoint inspectors to monitor, inspect
of inspectors and enforce the provisions of this Act. (2) The Minister shall issue an identity card to each inspector. Powers of 95. (1) An inspector shall have power, on production of an
inspectors identity card issued to the inspector under subsection (2) of section
ninety-four, to inspect the premises and records of a holder of a
licence under this Act in order to ensure that the provisions of this
Act are being complied with.

o inspect the premises and records of a holder of a
licence under this Act in order to ensure that the provisions of this
Act are being complied with.

(2) An inspector may—
(a) at all reasonable times enter, inspect and examine any
premises, area, building, structure, vehicle, vessel, aircraft
or carriage of any description which the inspector has
reason to believe has been, is being or is to be used in
connection with exploration, development or production
operations;
(b) inspect and test, or have tested by a qualified person, any
machinery or equipment, which in the inspector's opinion
has been, is being or is to be used in connection with
exploration, development or production operations;
(c) take or remove samples of petroleum or water or any
other substance for the purpose of analysis or testing or
for use in evidence in connection with an offence under
the provisions of this Act;
(d) inspect, make copies of or take extracts from any document,
book or data relating to exploration, development or
production operations;
(e) by notice in writing, issue directions to, or impose restrictions
on, the holder of a licence to safeguard the health and
safety of persons employed in connection with
exploration, development or production operations;
(f) by notice in writing, direct—
(i) the cessation of operations in, and the withdrawal
of all persons from, any area, building or
structure which is being used in connection with
exploration, development or production
operations; or

awal
of all persons from, any area, building or
structure which is being used in connection with
exploration, development or production
operations; or

Petroleum (Exploration and Production) [No. 10 of 2008 243
(ii) the discontinuance of the use of any machinery
or equipment, which the inspector considers
unsafe, until action necessary for safety is taken;
(g) make such examinations and enquiries necessary to ensure
that the provisions of, and any direction issued or order
made or restriction imposed under this Act are being
complied with; and
(h) obtain and record statements from any witness, appear at
or conduct any enquiry held in respect of any accident
which may have occurred in the course of exploration,
development or production operations. (3) An inspector may order any person in charge to produce
for inspection or for purposes of obtaining copies or extracts, of
any books, documents or records relevant to the administration of
this Act. (4) An inspector shall ensure that adequate arrangements for
the conduct of exploration or development and production operations
have been made in accordance with this Act.

ensure that adequate arrangements for
the conduct of exploration or development and production operations
have been made in accordance with this Act.

(5) Any person who obstracts an inspector, appointed under
subsection ( 1 ) of section ninety-two, in the exercise of that
inspector's duty under this Part commits an offence and shall be
liable upon conviction, to a fine not exceeding thirty thousand penalty
units or to imprisonment for a term not exceeding one year, or to
both
96. An inspector shall furnish the Minister with such reports Duty of
and other information relating to an inspection as the Minster may inspector to
direct. f P ° r t t 0
Minister

the Minister with such reports Duty of
and other information relating to an inspection as the Minster may inspector to
direct. f P ° r t t 0
Minister

244 No. 10 of 2008) Petroleum (Exploration and Production)
PART XV
Appeals in
relation to
licences
issued by
Minister
Notification
of decisions
APPEALS
97. (1) Any person aggrieved by the decision of the Minister—
(a) to refuse the grant or renewal of a licence granted under
this Act;
(b) as to the conditions imposed on any licence held by that
person;
(c) to cancel or suspend any licence held by that person; or
(d) to refuse to consent to the transfer of any licence held by
that person, or to the registration of shares or the entry
into any agreement affecting control of a company;
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. 98.

irections to the Minister as the Court considers
appropriate for the disposal of the matter, and the Minister shall
give effect to the directions. 98.

Whenever the Minister, makes a decision against which an
appeal lies by virtue of a provision of this Act, 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.

otice 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.

Petroleum (Exploration and Production) [No. 10 of 2008 245
P A R T X V I
GENERAL PROVISIONS
99. (1) The Minister may, by notice in writing, consent, subject
to such conditions, if any, as the Minister may determine, to the
carrying on by any person of exploration operations for the purpose
of scientific investigations. (2) A notice of consent issued pursuant to subsection (1) shall
authorise the person to whom it is issued to carry on, in the area
specified in the notice, exploration operations for the purpose
referred to in subsection (1). 100. (1) There shall be a National Petroleum Company which
shall be a public company registered under the Companies Act. (2) The Minister shall, by statutory instrument,—
(a) provide for the objects of the company;
(b) determine the share holding structure of the company. including the percentage of shares to be reserved for
Zambians;
(c) provide for the management of the Company; and
(d) provide for such other matters connected with or incidental
to the registration of the company in accordance with
the Companies Act. 101.

any; and
(d) provide for such other matters connected with or incidental
to the registration of the company in accordance with
the Companies Act. 101.

(1) The Minister shall, by statutory instrument, establish
a Petroleum Trust Fund for the purpose of developing communities
within the areas in which petroleum exploration or development
and production operations are conducted. (2) The statutory instrument referred to in subsection (1) shall
provide for the sources of the funds of the Fund, the management
and administration of the Fund and for such other matters as the
Minister may specify therein. 102. (1) Any person who—
(a) in any application under this Act; or
(b) in purported compliance with a requirement under this
Act to furnish any information;
furnishes any information or makes any statement that is false or
misleading in a material particular commits an offence. Scientific
investigations
National
Petroleum
Company
Cap. 388
Cap. 388
Petroleum
Trust Fund
Offences and
penalties

rial particular commits an offence. Scientific
investigations
National
Petroleum
Company
Cap. 388
Cap. 388
Petroleum
Trust Fund
Offences and
penalties

246 No. 10 of 2008] Petroleum (Exploration and Production)
(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. ( 3 ) Any person who, with intent to deceive—
(a) places or deposits, or is accessory to the placement or
deposit of, any petroleum or material in any place; or
(b) mingles or causes to be mingled with any sample of
petroleum any substance which will enhance the value
or in any way change the nature of the petroleum;
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. 103.

ceeding 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. 103.

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 shall be
liable, on conviction, to the penalty specified for that offence. 104. (1) Any person who prior to the commencement of this
Act is involved in the conduct of petroleum operations shall apply
for a petroleum exploration licence or a petroleum development
and production licence, as the case may be, under this Act within
six months after the commencement of this Act. (2) Any contract between the State and any person for the
conduct of petroleum operations in the Republic shall cease to be
binding on the Republic after six months from the date of
commencement of this Act. Offence
committed
by body
corporate or
un-
incorporate
body
Transitional
provisions

public after six months from the date of
commencement of this Act. Offence
committed
by body
corporate or
un-
incorporate
body
Transitional
provisions

Petroleum (Exploration and Production) [No. 10 of 2008 247
105. ( 1 ) The Minister may make regulations for carrying out Reeulations
the purposes of this Act.

m (Exploration and Production) [No. 10 of 2008 247
105. ( 1 ) The Minister may make regulations for carrying out Reeulations
the purposes of this Act.

(2) Without prejudice to the generality of subsection (1), the
regulations may provide for the following matters:
(a) the exploration for petroleum, including the carrying on of
all operations and the execution of all works for that
purpose;
(b) the development and production of petroleum, including
the carrying on of all operations and the execution of all
works for that purpose;
(c) conservation and prevention of the waste of petroleum or
other natural resources;
(d) the form and contents of, and conditions with respect to,
an application for the grant or renewal of a licence;
(e) the construction, erection, maintenance, operation or use
of installations, machinery or equipment;
(f) the control of the flow and the prevention of the escape of
petroleum, water, gases (other than petroleum) or other
noxious or deleterious matters;
(g) the prevention of the escape of drilling fluid, or a mixture
of drilling fluid and water or any other matter;
(h) the removal of structures, machinery, equipment and other
property brought into Zambia, in connection with the
exploration for or the development and production of
petroleum, from land that ceases to be subject to a
petroleum exploration licence or a petroleum
development and production licence;
(i) the pressure maintenance in, or the re-pressuring of a
petroleum reservoir and recycling of petroleum;
(/,)the secondary or tertiary recovery of petroleum from a
petroleum reservoir and the methods to be used in such
recovery;
(k) the use of wells and the use of the sub-surfaces for the
disposal of petroleum, water and other substances
produced in association with the exploration for or the
recovery of petroleum;
(I) the methods to be used for the measurement of petroleum,
water and other substances from a well;

the exploration for or the
recovery of petroleum;
(I) the methods to be used for the measurement of petroleum,
water and other substances from a well;

248 No. 10 of 2008] Petroleum (Exploration and Production)
(m) safety and welfare standards, and the health and safety
of persons employed in or in connection with the
exploration for, or the development and production of,
petroleum;
(n) taking, preserving and furnishing to the Minister of samples
of petroleum;
(o) giving to the Minister reports, returns and other information;
(p) the registration of instruments and the effect of the
registration of, or failure to register, instruments;
(q) the transfer of licences or interests in licences;
(r) the taking of logs or directional surveys or making other
down hole investigations;
(s) annual charges;
(t) fees;
(u) the division of the geographic area of Zambia into blocks;
(v) the participation of Zambians in the petroleum industry;
or
(w) any other matter that may be, or is required to be,
prescribed by the Minister under this Act.

icipation of Zambians in the petroleum industry;
or
(w) any other matter that may be, or is required to be,
prescribed by the Minister under this Act.

(3) The regulations may provide that any person who
contravenes the provisions of any regulation commits an offence
and shall be liable, on conviction—
(a)'m 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;and where
the offence is a continuing one. to a further penalty not
exceeding three thousand penalty units for each day
during which the offence continues. Repeal of 106. The Petroleum (Exploration and Production) Act, 1985, is
Cap. 440 h e r e b y r e p e a ] e d .

day
during which the offence continues. Repeal of 106. The Petroleum (Exploration and Production) Act, 1985, is
Cap. 440 h e r e b y r e p e a ] e d .

Petroleum (Exploration and Production) [No. 10 of 2008 249
SCHEDULE
(Section 87 (2))
ADMINISTRATION OF PETROLEUM COMMITTEE
1. (1) Subject to the other provisions of this Schedule, a member of the
Committee, 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 Schedule, 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
(f) 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. 2. (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. 2. (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 special meeting upon receiving a
written request from at least five members of the Committee. (4) If the urgency of any particular matter does not permit the giving of the
notice required under subparagraph (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. Tenure of
office and
Proceedings
of Committee
(6) There shall preside at any meeting of the Committc

ee shall be half of the members
of the Committee. Tenure of
office and
Proceedings
of Committee
(6) There shall preside at any meeting of the Committc

250 [No. 10 of 2008 Petroleum (Exploration and Production)
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson; and
(ci 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. (8) 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.

esence 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
delect in the appointment of any member or by reason that any person not
entitled so to do. look 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. Sub- 3. (1) The Committee may. for the purpose of performing its functions
under this Act. constitute any sub-committee and delegate to any such sub-
committee such of its functions as it thinks fit. (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. (3) A sub-committee of the Committee may regulate its own procedure. A l l o w a n c e s 4_ There shall be paid to members of the Committee or any sub-committee
of members of the Committee such allowances as the Committee may. with the approval of
the Minister, determine. Disclosure of 5.

or any sub-committee
of members of the Committee such allowances as the Committee may. with the approval of
the Minister, determine. Disclosure of 5.

( 1 ) A member or person w h o is present at a meeting o f the
interest Committee or a sub-committee o f 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 o f
consideration, shall, as soon as is practicable after the commencement o f
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. committees of
Committee

r. (2) A disclosure of interest made under this paragraph shall be recorded in
the minutes of the meeting at which it is made. committees of
Committee

Petroleum (Exploration and Production) [No. 10 of 2008 251
6. (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.
Prohibition
of
publication
of. or
disclosure of
information
to
unauthorised
persons

252