Open Access Law Articles; SAIPAR Bookshelf; About Us; Contact Us; COVID-19 Legal Resources are available on ZambiaLII here. Revised Program Schedule 19.3.2018 Curtain Raiser Background Notes ... GOA, DAMAN AND DIU Mining Concessions Act, 1987: Forest (Conservation) Act and Rules, 1980: The Mines and Mineral (Development and Regulation) Act, 1957: Notification; National Mineral Policy 2019 National Mineral Policy 2008 State Mineral Policy; Acts; Rules; Strategy Paper for Ministry of Mines… The Mines and Minerals (Regulation and Development) Act (1957) is an Act of the Parliament of India enacted to regulate the mining sector in India.It was amended in 2015 and 2016. Wednesday, December 26, 2018. 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. (1) There shall be a Mining Cadastre Office which shall—. An Act to amend the Mines and Minerals Developement Act, 2008 This Act may be cited as the Mines and Minerals Development Act, 2015, and shall come into operation on 1st July, 2015. Suspension or revocation of mining right or mineral processing licence, 73. Application for and grant of gold panning certificate, 43. Suspension of production or closure of mine by Director of Mines Safety or Director of Mines, 37. SC 1030/17) [2020] ZWSC 5 (16 January 2020); (d)   has a mental or physical disability that makes the person incapable of performing the functions of a member. MINES AND MINERALS Act No. THE MINING ACT, (CAP 123) _____ REGULATIONS _____ (Made under Section 112) THE MINING (MINERAL RIGHTS) REGULATIONS, 2018 PART I PRELIMINARY PROVISIONS Citation 1. Subscribe. (b) extend the liability to paymineral royalty to any person in (d)   the Director of Mining Cadastre who shall be secretary; (e)   one representative each of the Ministries responsible for—, (ii)   the Zambia Development Agency; and. To download this document you need to be a subscriber. Power of Minerals Commission 101. Clearing away of mining or mineral processing plant, 83. Mergers or coordination of mining operations, 70. (2) The Committee shall consist of the following members who shall be appointed by the Minister—. July 6, 2018 Zambia Mines Rescue Bus Handover; January 9, 2019 MINING COMPANIES ACCOUNTED FOR MORE THAN A QUARTER OF GOVERNMENT’S INCOME – ZAMBIA EITI REPORT. Read More… Latest Speeches and Press Releases Zambia has made changes to its mining taxation policies over the past decades, giving rise to much debate and discussion in the sector. Mine site closure 7. The court found further that the act that was applicable was the amended Mines and Minerals Development Act No. Consideration of application for exploration licence, 25. We formulate, monitor and evaluate implementation of mining development policies which are geared to effectively account for the country's mineral resources for the benefit of every Zimbabwean. As a result the mining sector of Zambia in the last two decades has … An Act to revise the law relating to the exploration for, mining and processing of, minerals; provide for safety, health and environmental protection in mining operations; provide for the establishment of the Mining Appeals Tribunal; repeal and replace the Mines and Minerals Development Act, 2008; and provide for matters connected with, or incidental to, the foregoing. (a)   mineral resources are a non-renewable resource and shall be conserved, developed and used prudently, taking into account the needs of the present and future generations; (b)   mineral resources shall be explored and developed in a manner that promotes and contributes to socio-economic development and in accordance with international conventions to which Zambia is a party; (c)   the exploitation of minerals shall ensure safety, health and environmental protection; (d)   wasteful mining practices shall be avoided so as to promote sustainable development and prevent adverse environmental effects; (e)   citizens shall have equitable access to mineral resources and benefit from mineral resources development; and. Obligations of holder of exploration licence, 26. may, by Notification in the Official Gazette, appoint. (2) The Directors referred to in sub-section (1) shall exercise and perform the powers and functions conferred or imposed upon the Directors by or under this Act or any other written law. As a result the mining sector of Zambia in the last two decades has experienced tremendous growth and investment. Home » Mines and Minerals Act. Consideration of application for mining licence, 33. Year of Act: 2008. GOVERNMENT OF ZAMBIA STATUTORY INSTRUMENT NO. It covers licensing, procedures for exploration, mining and mineral processing, safety, health and environment in the mining sector. to revise the law relating to the exploration for, mining and processing of, minerals; provide for safety, health and environmental protection in mining operations; provide for the establishment of the Mining Appeals Tribunal; repeal and replace the Mines and Minerals Development Act, 2008; and provide for matters connected with, or incidental to, the foregoing. Constitution Amendment Act 2016; Acts; Bills; Bills - Not Presented; Laws of Zambia ; Ministerial Statements; Library E-Resources; Government Agreements; Framework; Sessional Reports; Search form. No 18 of 2018 An Act to amend the Mines and Minerals Development Act, 2015. (2) The Directors or an authorised officer may, at any reasonable time, inspect and make copies of any book, account, voucher, document, map, drill logs or record kept by a holder of a mining right or non-mining right for purposes of this Act. Royalties on production of minerals, 92. Right to use and access water or graze stock, 55. (4) A mining right over an area exceeding two cadastre units shall only be granted to a company. Application to acquire, sell, etc radioactive minerals, 52. Prohibition of disposal of minerals, 97. The object of this Bill is to amend the Mines and Minerals For companies interested in mining operations, or the opening of mining companies, in Zambia, the Zambian Ministry of Mines, under which the Chamber of Mines is located, is the first port of call. Zambian Mines and Minerals Development Amendment Act 2018. [ 14th August, 2015 ENACTED by the Parliament of Zambia PART I PRELIMINARY 1. (1) In this Act, unless the context otherwise requires—. Subscribe now. (1) The following mining rights may be granted under this Act—, (2) The following non-mining rights may be granted under this Act—, (3) A mining right over an area between a minimum of two cadastre units and a maximum of one hundred and twenty cadastre units in extent shall only be granted to the following companies—. Mining in Zambia: Progress made but some lingering hidden costs remain. 2 … Under the Mines and Minerals Development Act 2008, the government simplified licensing procedures, created favorable investment environment and placed minimum constraints on mining activities. Short title 2. The Mines and Minerals Development (Amendment) Bill, 2018 NAB 16.pdf, The Mines and Minerals Development (Amendment) Act, 2018. (1) This Act may be cited as the Mines and Minerals Development (Amendment) Act, 2016, and shall be read as one with the Mines and Minerals Development Act, 2015, in this Act referred to as the principal Act. BE it enacted by Parliament in the Eighth Year of the Republic of India as follows:― CHAPTER I PRELIMINARY 1. (3) The holder of an office referred to in sub-section (1) may exercise or perform a power or function despite the delegation of the exercise or performance of the power or function to some other person. BE it enacted by Parliament in the Eighth Year of the Republic of India as follows:― CHAPTER I PRELIMINARY 1. It held that the first respondent did not comply with the provisions of the act to seek recourse from the tribunal within 30 days. Fill in the registration form and answer a few simple questions to receive a quote. Declaration as to the expediency of Union control. (2) A person shall not undertake exploration, mining or mineral processing activities without obtaining the prior written approval of the environmental impact assessment relating to the exploration, mining or mineral processing operations by the Zambia Environmental Management Agency as provided under section 29 of the Environmental Management Act, 2011. DATE OF ASSENT: 22nd March, 2006 ENACTED by the President and Parliament: Ownership of minerals and cadastral system Minerals property of Republic 1. mines_and_minerals_act_21_05.pdf More like this Grandwell Holdings (Private) Limited v ZMDC & 2 Ors (SC 5-20, Civil Appeal No. 14, 2016 Mines and Minerals Act No. Please click here to subscribe to a subscription plan to view this part of the article. Zambia, Africa’s second-largest producer of copper, is highly dependent on mining as its major productive industry. (2) The Ministry shall establish regional mining cadastre offices which shall receive applications for mining rights and forward the applications for processing by the Mining Cadastre Office. 1. July 6, 2018 Zambia Mines Rescue Bus Handover; January 9, 2019 MINING COMPANIES ACCOUNTED FOR MORE THAN A QUARTER OF GOVERNMENT’S INCOME – ZAMBIA EITI REPORT. (a)   consider applications for mining rights and non-mining rights and grant, renew or refuse to grant or renew mining rights and non-mining rights; (b)   terminate, suspend or cancel mining rights and non-mining rights; (c)   amend the terms and conditions of mining rights and non-mining rights; and. The department is made up of four Units. 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. Priority of applications for mining rights, 16. The object of this Bill is to amend the Mines and Minerals DevelopmentAct 2015, so as to provide for— (a) increase the mineral royalty for copper, cobolt and vanadium; (b) extend the liability to paymineral royalty to any person in possession of minerals in respect of which mineral royalty has not been paid; and Disqualification from holding mining rights, 15. July 6, 2018 Zambia Mines Rescue Bus Handover; January 9, 2019 MINING COMPANIES ACCOUNTED FOR MORE THAN A QUARTER OF GOVERNMENT’S INCOME – ZAMBIA EITI REPORT. An Act to amend the Mines and Minerals Development Act, 2015. (d)   advise the Minister on matters relating to its functions under this Act. Obligations of holder of mineral processing licence, 42. Media Release . Lusaka - Zambia: Mines Minister Richard Musukwa has vowed not to resign his position over the Black Mountain disaster which claimed 10 lives. In December 2018, the government recently changed its minerals tax regime for the 10th time in 16 years in an attempt to maximise both revenues and (As amended by Act No. Environmental impact statement procedure 5. vanadium; (5) The Director of Geological Survey shall—. Mining contributes to 78.4% of total export value, and 31.4% of government revenues according to the latest EITI reporting. (2) The holder of an office referred to in sub-section (1) may, by Gazette Notice, and subject to such terms and conditions as may be specified in the Notice, delegate to any public officer the exercise or performance of any of the powers and functions conferred or imposed on the holder of the office by this Act. An Act to revise the law relating to the exploration for, mining and processing of, minerals; provide for safety, health and environmental protection in mining operations; provide for the establishment of the Mining Appeals Tribunal; repeal and replace the Mines and Minerals Development Act, 2008; and provide for matters connected with, or incidental to, the foregoing. (1) A mining right or non-mining right shall not be granted to any person except in accordance with the provisions of this Act. Act 703 Minerals and Mining Act, 2006 95. This Act may be cited as the Mines and Minerals Development Act. Ownership of minerals 4. (3) A holder of a mining right or non-mining right shall provide such reasonable assistance as is required to enable the Directors or an authorised officer to exercise or perform any power or function under this section. General principles for mining and minerals development PART IIADMINISTRATION 5. (a)   receive and process applications for mining rights and mineral processing licences; (b)   administer mining rights and mineral processing licences; and. May 2018 . Closure of area to priority licensing, 31. 67 OF 1957 [28th December, 1957.] Chapter number: 61:01. Preference for Zambian products, contractors and services and employment of citizens, 21. 18 of 2018.pmd Author: compedit Created Date: 1/8/2019 11:34:18 AM (7) The Minister shall, where the Minister disposes of any matter contrary to the advice of the Committee, furnish the Committee with a statement, in writing, of the Minister’s reasons for doing so. Functions of Inspectorate of Mines 103. Tribunal; repeal and replace the Mines and Minerals Development Act, 2008; and provide for matters connected with, or incidental to, the foregoing. Environmental project brief 4. An Act to make provision with respect to prospecting for and mining minerals; to. 1 PhDCandidate, African Tax Institute- Departmentf o Economics, University of Pretoria, South Africa, correspondinguthor: a lundstol@yahoo.com; 2 Emeritus Researcher, Chr. These Regulations may be cited as the Mining (Mineral Rights) Regulations, 201 8. You are here. (1) An applicant for a mining right over an area subject to another mining right shall apply for consent from the holder of the mining right, which consent shall not be unreasonably withheld. Offence committed by body corporate or unincorporated body, 118. Restrictions on mining rights and mineral processing licence, 65. July 6, 2018 Zambia Mines Rescue Bus Handover; January 9, 2019 MINING COMPANIES ACCOUNTED FOR MORE THAN A QUARTER OF GOVERNMENT’S INCOME – ZAMBIA EITI REPORT. 5 of 2003 And No. (4) A document or transaction purporting to grant a mining right or a non-mining right to any person not entitled to hold the right under this Act is void. (a)   undertake   the geological mapping of Zambia and exploration operations on behalf of the Republic; (b)   advise the Minister on geological matters; (c)   provide data concerning the geology and mineral resources of Zambia, and assist members of the public on information concerning geological matters; and. Title: F:\ACTS FOR 2018 2\The Mines and Minerals Development (Amendment) Act No. Laws of Zambia. Acquisition of mining rights by Government, 20. (6) The Director of Mining Cadastre shall be responsible for the administration of mining rights and mineral processing licences. royalty has not been paid; and (10) An authorised officer shall, on demand by a person affected by the exercise of any power under this Act, produce for inspection the authorised officer’s certificate of appointment. Documents missing? Duration of export or import permit, Division 8 — Authorisation for radioactive minerals and minerals analysis, 49. Zambia’s Mines and Minerals Development Act mandates that a holder of a mining or mineral processing licence should give preference to Zambian products, materials, contractors, suppliers and service agencies.7 Those that disregard the policy could face a fine: “pay a fine of five hundred thousand penalty units and an additional fine of twenty thousand penalty units for … (3) The Director of Mines shall supervise and regulate the proper and effectual development of mines and conduct of mining operations in accordance with the provisions of this Act. • Mine closure is largely absent 14 of 2016. Prohibition of acquisition, selling, etc of radioactive minerals, 50. The MMDA became effective on 1 st July, 2015 although the date of assent is 14 th August, 2015. “access agreement” means an agreement entered into between the holder of a mining right and an owner or occupier of land over which the mining right subsists, for the conduct of exploration, mining or other activities authorised by the mining right to be carried on upon the land; “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; “artisanal mining” means an artisan’s mining operation undertaken by a citizen pursuant to a mining licence granted under Part III; “authorised officer” means a public officer or other person designated as such under sub-section (8) of section 5; “base metal” means iron, copper, nickel, aluminium, lead, zinc, tin, magnesium, cobalt, manganese, titanium, scandium, vanadium, molybdenum, chromium, tungsten, tantalum, bismuth, cadmium, zirconium, antimony, beryllium, germanium and rare earth elements, or a non-precious metal that is common or chemically active, or both common and chemically active; “bird sanctuary” has the meaning assigned to it in the Zambia Wildlife Act, 2015; “cadastre unit” means a quadrilateral formed by the intersection of meridians and parallels and with a distance equal to six sexagesimal seconds, and that covers an average planimetric surface of 3.3400 hectares; “certificate of abandonment” means the certificate granted by the Director of Mining Cadastre under section 70 at the abandonment of a mining or non-mining right; “citizen” has the meaning assigned to it in the Constitution, and in relation to a partnership, means a partnership which is composed exclusively of citizens; “citizen-empowered company” means a company where 25 to 50 percent of its equity is owned by citizens; “citizen-influenced company” has the meaning assigned to it in the Citizens Economic Empowerment Act, 2006; “citizen-owned company” has the meaning assigned to it in the Citizens Economic Empowerment Act, 2006; “Commissioner-General” means the Commissioner-General appointed under the Zambia Revenue Authority Act; “Committee” means the Mining Licensing Committee established under section 6; “Community Partnership Park” has the meaning assigned to it in the Zambia Wildlife Act, 2015; “company” means a private or public company as defined in the Companies Act; “conflict mineral” means a mineral which is mined from an area of armed conflict; “co-operative” means a co-operative society established under the Co-operative Societies Act, 1998; “decision letter” means a letter issued by the Zambia Environmental Management Agency stating that—, (a)   a proposed project is not likely to cause adverse effects on the environment; or. 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