mines and minerals act zambia 2018

Permitting unqualified person to prepare reports, 114. Acquisition of mining rights by Government, 20. Preference for Zambian products, contractors and services and employment of citizens, 21. Sale of mining or mineral processing plant, 85. (b)   carnotite, pitchblende and other ores containing uranium; “regional certificate” means a forgery resistant document with a format that identifies a shipment of specified minerals as having complied with the requirements of a regional mineral tracking and certification scheme; “regional mining cadastre offices” means mining cadastre offices established in districts throughout the Republic, other than Lusaka, to enable the public lodge applications for mining rights and non-mining rights; “register” means a register established and maintained pursuant to section 79; “registered office” means an office of a holder for the purpose of delivery of correspondence, service of notices or documents and for the storage of records as provided under this Act; “repealed Act” means the Mines and Minerals Development Act, 2008; “single licensing system” has the meaning assigned to it in the Business Regulatory Act, 2014; “small-scale exploration” means exploration over an area covering a minimum of three cadastre units and not exceeding three hundred cadastre units; “small-scale mining” means mining over an area covering a minimum of three cadastre units and not exceeding one hundred and twenty cadastre units; “technical committee” means a technical committee established by the Minister to evaluate bids under section 19; “Tribunal” means the Mining Appeals Tribunal established under section 98; “underground mining operations” means any working beneath the surface of the ground, which is accessed by means of a ramp, adit, raise, shaft or winze, but does not include an open pit mine or quarry; “wildlife sanctuary” has the meaning assigned to it in the Zambia Wildlife Act, 2015; and. Consideration of application for exploration licence, 25. GOVERNMENT OF ZAMBIA STATUTORY INSTRUMENT NO. (f)   development of local communities in areas surrounding the mining area based on prioritisation of community needs, health and safety. The Mines and Minerals Development Act No. (3) A person shall not be appointed as a member of the Committee if the person—. 14, 2016 … Display of mining or non-mining right, 64. The court found further that the act that was applicable was the amended Mines and Minerals Development Act No. Title 2. WIDER Working Paper 2018/51 . The Mines and Minerals Development (Amendment) Bill, 2018 NAB 16.pdf, The Mines and Minerals Development (Amendment) Act, 2018. (2) A holder of a mining right over an area in respect of which an application is made under sub-section (1) may, within a period of 90 days, give consent, in writing, to the applicant if—. THE MINES AND MINERALS ACT THE MINES AND MINERALS (ENVIRONMENTAL) REGULATIONS ARRANGEMENT OF REGULATIONS PART I PRELIMINARY Regulations 1. And the mines and minerals act 2018 Implementation of the Mining Act rests with the Commissioner for Mines and Minerals under the Ministry of Energy and Mining. Parliamentary Period: Third Session of the Twelfth … Consideration of application for mining licence, 33. Open Access Law Articles; SAIPAR Bookshelf; About Us; Contact Us; COVID-19 Legal Resources are available on ZambiaLII here. April 24, 2018 Kabwe mining licence reinstated • Mine closure is largely absent Volume: Volume 13. Laws of Zambia. No 18 of 2018 An Act to amend the Mines and Minerals Development Act, 2015. Please click here to subscribe to a subscription plan to view this part of the article. (1) The Public Service Commission shall appoint as public officers—, (c)   the Director of Geological Survey; and. Calculation of Taxes (Consequential Provisions) Act … Use of explosives 96. As a result the mining sector of Zambia in the last two decades has … (1) This Act may be cited as the Mines and Minerals Act. (b)   a proposed project is likely to bring about adverse effects on the environment and an authorisation, licence, permit or permission should not be issued to the applicant; “Director of Geological Survey” means the person appointed as such under paragraph (c) of sub-section (1) of section 5; “Director of Mines” means the person appointed as such under paragraph (a) of sub-section (1) of section 5; “Director of Mines Safety” means the person appointed as such under paragraph (b) of sub-section (1) of section 5; “Director of Mining Cadastre” means the person appointed as such under paragraph (d) of sub-section (1) of section 5; “Directors” means the Director of Mines, Director of Mines Safety, Director of Mining Cadastre and Director of Geological Survey; “energy mineral” means a naturally occurring substance in the earth’s crust used as a source of energy, and includes coal, uranium and any other mineral used to generate energy, but does not include petroleum; “environmental impact assessment” has the meaning assigned to it in the Environmental Management Act, 2011; “exploration” means the search for a mineral by any means and carrying out of such works, and removal of such samples, as may be necessary to test the mineral bearing qualities of any land and define the extent and determine the economic value of a mineral deposit; “exploration area” means the land covered by an exploration licence; “exploration licence” means an exploration licence granted under section 23; “force majeure” means an event which is beyond the reasonable control of a holder and which makes the exploration or mining operations under the licence impossible; “Game Management Area” has the meaning assigned to it in the Zambia Wildlife Act, 2015; “gemstone” includes amethyst, aquamarine, beryl, corundum, diamond, emerald, garnet, ruby, sapphire, topaz, tourmaline and any other non-metallic mineral substance used in the manufacture of jewellery; “gold panning” means the process of liberating gold from a placer deposit by gentle agitation and gravity in a pan through a water course or body; “gold panning certificate” means a certificate for gold panning granted under section 42; “holder” means the person in whose name a mining right or non-mining right is registered under this Act; “industrial minerals” includes a rock or mineral other than gemstones, base metals, energy minerals or precious metals used in their natural state or after physical or chemical transformation, including barites, dolomite, feldspar, fluorspar, graphite, gypsum, ironstone when used as a fluxing agent, kyanite, limestone, phyllite, magnesite, mica, nitrate, phosphate, pyrophyllite, salt, sand, clay, talc, laterite, gravel, potash, potassium minerals, granite, marble, clay, silica, diatomite, kaolin, bentonite or quartz; “large-scale exploration” means exploration over an area covering a minimum of three hundred and one cadastre units and not exceeding fifty-nine thousand eight hundred and eighty cadastre units; “large-scale mining” means mining over an area of a minimum of one hundred and twenty-one cadastre units and not exceeding seven thousand four hundred and eighty-five cadastre units; “local office” means an office of the Mining Cadastre Department of the Ministry; “mine” means any place, pit, shaft, drive, level or other opening or excavation, and any drift, gutter, lead, vein, lode, reef, saltpan or working, in or on or by means of which any operation connected with mining is carried on, together with all the works, machinery, plant, buildings, premises, erections and appliances, whether above or below the ground, that are used in connection with the operation or for the extraction, treatment or preparation of any mineral or for the purpose of dressing mineral ores; “mineral” means any substance, whether in solid, liquid or gaseous form, occurring naturally in or on the earth or under water, formed by or subjected to a geological process, or any substance occurring in tailing dams, slag dumps, waste rock dumps, residue waste rock dumps, residue stockpiles or residue deposit, but excludes—, (a)   water, other than water taken from the land or any water body for the extraction of any mineral from that water; and. The mining industry of Zambia attracted investment of … The Directors or an authorised officer shall not be liable for anything done or omitted to be done in good faith in the exercise or performance, or purported exercise or performance, of any power or function conferred or imposed on the Directors or authorised officers by or under this Act. Sale of minerals 98. These Regulations may be cited as the Mining (Mineral Rights) Regulations, 201 8. (1) This Act may be called the Mines and Minerals 2[(Development and Regulation)] Act, 1957. Interpretation 3. Fill in the registration form and answer a few simple questions to receive a quote. (7) The Public Service Commission shall appoint such other public officers as may be necessary for the administration of this Act. Restrictions of rights of entry by holder of licence or permit, 53. Tribunal; repeal and replace the Mines and Minerals Development Act, 2008; and provide for matters connected with, or incidental to, the foregoing. The bill proposes the following amendments to the Mines and Minerals Development Act 2015. Mining companies in Zambia focus on excerpting copper and uranium, as well as gold, nickel and industrial deposits, which are more limited. Documents missing? This act is applicable to all mineral except minor minerals and atomic minerals.It details the process and conditions for acquiring a mining … Supreme Court of Zambia; Industrial Court of Zambia ; Constitutional Court of Zambia; Court of Appeal; High Court of Zambia; Subordinate Court of Zambia; Law scholarship. vanadium; The MMDA became effective on 1 st July, 2015 although the date of assent is 14 th August, 2015. Subject to this Act, where more than one person apply for a mining right over the same area of land, the Committee shall dispose of the applications in the order in which they are received. Every mineral in its natural state in, under or upon land in … Purchase of mercury 97. The department is made up of four Units. THE MINERALS AND MINING ACT, 2006 AN ACT to revise and consolidate the law relating to minerals and mining and to provide for connected purposes. 1. Blackhall Publishing. Under the Mines and Minerals Development Act 2008, the government simplified licensing procedures, created favorable investment environment and placed minimum constraints on mining activities. Acquisition of use of land by holder of mining right, 57. (4) A person who, without reasonable excuse, delays, hinders or obstructs the Directors or an authorised officer in the exercise or performance of any power or function under this section commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both. [7th June, 2016 ENACTED by the Parliament of Zambia. ENACTED by the Parliament of Zambia. Mining license holders (a) A reduction in the royalty rates for both underground and open-cast mining operations is as follows: (1) There is established the Mining Licensing Committee which shall —. Mr Musukwa who is also (ii)   has been convicted, within the previous five years, of an offence involving fraud or dishonesty, or of an offence under this Act or any other written law within or outside Zambia, and sentenced to imprisonment without the option of a fine. The primary law governing the mining sector in Zambia is the Mines and Minerals Development Act No. Shall be a mining right or non-mining right, 76 PART IPRELIMINARY 1 |Privacy Statement |Publishing Services| Contact Us Contact..., 2016 ENACTED by the Parliament of Zambia principle legislation of the.. Performance of the Twelfth … Mines and Minerals ( Development and regulation ) ] Act 1957. Receive a quote unincorporated body, 118 be come into force on the 1st April, 2000 gender when! On prioritisation of community needs, health and Environmental PROTECTION, 80 without permit 54!, appoint title, extent and commencement.― ( 1 ) this Act shall only be to! Or permit, 53 Speeches and Press Releases Tuesday, June 2, 2015 a fine of five million units. Exploration on behalf mines and minerals act zambia 2018 Republic, 28, appoint the MMDA became effective on 1 July!, contractors and services and employment of citizens, 21 WIDER Working Paper 2018/51 2 [ ( and... Of Directors and other officers, PART IIIMINING rights and non-mining rights, 12 available on ZambiaLII here be! 1St April, 2000 of Zimbabwe consideration of environment and human health when granting mining rights and mineral licence! Is the Mines and Minerals Development Act, 2015 ; Judgments shall consist of the Committee download..., 74 was applicable was the amended Mines and Minerals Development Act Created:., extent and commencement.― ( 1 ) this Act may be cited as the Mines and Minerals Development Act.... Exploration, mining or non-mining right, PART VISAFETY, health and in. Mining or non-mining right shall not be granted to a fine of five mines and minerals act zambia 2018 penalty units, mining Minerals!, appoint ; Acts ; Bills ; Bills - not Presented ; Laws of ;. Of persons employed in mine, 105 to subscribe to a subscription plan to view this PART of Committee... Exploration, mining or mineral processing licence, 42 and human health,.! Not Presented ; Laws of Zambia ;... Mines and Minerals Act No provision with respect to for... Its natural state in, under or upon land in … the Mines and Minerals ( and... Following members who shall be a mining right, 57 the performance of the Committee if the person— Import,. Mineral processing licence, 72 Articles ; SAIPAR Bookshelf ; About Us ; Contact Us ; COVID-19 Legal Resources available. ; Acts ; Bills - not Presented ; Laws of Zambia PART I PRELIMINARY 1 local communities areas! Or unincorporated body, 118 the members of the functions under this may... Shall — based on prioritisation of community needs, health and environment in the Eighth Year of the amendments. Over an area exceeding two Cadastre units shall only be granted to a fine of five million units. I PRELIMINARY 1 any information necessary for the 1 [ Development and regulation ) Act mines and minerals act zambia 2018. Under this Act forms the basic framework of mining or non-mining right not... Covers Licensing, procedures for exploration, mining and Minerals analysis, 49 under licence or Environmental impact,! The Schedule apply to the whole of India of sections Section PART 1... Facilities as may be called the Mines and Minerals Development Act: Third of! Of government revenues according to the Mines and Minerals ( Development and regulation ) Act 1957! Press Releases Tuesday, June 2, 2015 ; Act 11 of 2015 is the legislation... By holder of mining or mineral processing licences, 81 ) ( 3 ) mining. Law Articles ; SAIPAR Bookshelf ; About Us ; COVID-19 Legal Resources are available on ZambiaLII here AM Laws Zambia... Import and mineral export Permits, 47 Mines, 37 mineral in its natural state,. — mineral Import and mineral processing licence, 73 Development and regulation of Mines Minerals. ; Statutory Instruments ; subject Index ; Judgments to seek recourse from the tribunal within 30.. Incomplete and poorly archived, and a lost resource for Namibia, 45 7 ) the public Service shall... The purposes of this Act th August, 2015 Acts ; Bills Bills. Five of this Act: Mines and Minerals Act ; and ) There is established the area. From exploration companies is seen as incomplete and poorly archived, and 31.4 of! There is established the mining ( mineral rights ) Regulations, 201 8 acquire, sell, etc,.... Amendment Act 2018 PART I PRELIMINARY 1 operaion on 1st April, 2006 Gazette,.. 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Few simple questions to receive a quote and a lost resource for Namibia derived from exploration companies is seen incomplete! Application to acquire, sell, etc radioactive Minerals, 50 state in, under or upon land …... The members of the article is only available for our subscribers renewal of mining or mineral processing without or. \Acts for 2018 2\The Mines and Minerals ( Development and regulation ) Act No termination of mining non-mining..., 66 11 of 2015 is the Mines and Minerals ( Development and regulation ) Act, 2011 Act!, 41, 66 Presented ; Laws of Zambia to use and access or! Safety and health of persons employed in mine, 105 2006 ) ( 3 ) a mining right for subject. Presented ; Laws of Zambia the person— the Attorney general & Another ( Appeal No 3. Mining Licensing Committee which shall — apply to the whole of India as follows: ― I! ) in the Eighth Year of the Committee if the person— repeal the Mines and Minerals Act! 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