The legislation was gazetted in May and is being enacted to amend, rather than replace, the Mines and Minerals Act [Chapter 21:05] of … Blackhall Publishing. (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. Surrender of mining right or mineral processing licence, 72. (3) Subject to the provisions of this Act and the terms of the notice of appointment, an honorary inspector shall, within the terms of appointment, exercise the functions and perform the duties of an authorised officer. Notification of accidents and dangerous occurences, 88. (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. 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. Display of mining or non-mining right, 64. The Mines and Minerals Development (Amendment) Bill, 2018 NAB 16.pdf, The Mines and Minerals Development (Amendment) Act, 2018. This brochure and the supporting “Technical Reference” illustrate the great mineral potential that exists in Zambia. [4th April, 2008 ENACTED by the Parliament of Zambia. A revision of Zambia’s Mines and Minerals Development Act is in keeping with its vision 2030 that focuses on accelerated growth to benefit the people of Zambia, according to Mines, Energy and Water Development deputy minister Richard Musukwa. Chapter number: 61:01. Functions of Inspectorate of Mines 103. (7) The Public Service Commission shall appoint such other public officers as may be necessary for the administration of this Act. Interpretation 3. Act 703 Minerals and Mining Act, 2006 95. 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. Short title 2. (c)   the geographical location of the application for the mining right does not compromise the integrity of the exploration or mining programme of the holder of the existing mining right. Volume: Volume 13. Appeals against decision of Directors or Committee, 104. Design & Developed by Indiafin Technologies Ltd. 4. The Ministry of Mines and Mining Development is responsible for the administration of the Mines and Minerals Act (Chapter 21:05) of Zimbabwe. Amendment of programme of exploration or mining operation, 66. Working in suspended or closed mine, 106. “mineral processing” means the practice of beneficiating or liberating valuable minerals from their ores which may combine a number of unit operations such as crushing, grinding, sizing, screening, classification, washing, froth floatation, gravity concentration, electrostatic separation, magnetic separation, leaching, smelting, refining, calcining and gasification or any other processes incidental thereto; “mineral processing licence” means a licence granted under Part III for processing minerals and cutting, polishing and manufacturing jewellery; “mineral processing operations” means an operation carried out under a mineral processing licence; “mineral product” means any mineral substance, in any form, extracted for commercial purposes pursuant to a mining right, or any product obtained from the mineral substance by way of mineral processing; “mineral royalty” means a payment received as consideration for the extraction of minerals; “mineral trading permit” means a mineral trading permit granted under Part III; “mining” means the extraction of material, whether solid, liquid or gaseous, from land or from beneath the surface of the earth in order to win minerals, or any operations directly or indirectly necessary or incidental to the extraction of the material; “mining area” means an area of land subject to a licence under this Act; “Mining Cadastre Office” means the central administrative office for processing applications for mining rights and mineral processing licences established pursuant to section 8; “mining licence” means a mining licence granted under section 32; “mining operations” means an operation carried out under a mining right, excluding an operation carried out under an exploration licence or mineral processing licence; “mining plant” means any building, plant, machinery, equipment, tools or other property used for mining, whether or not affixed to land, excluding any timber or other material used or applied in the construction or support of any shaft, drive, gallery, terrace, race, dam or other work; “mining right” means a right granted under sub-section (1) of section 13; “non-mining right” means a mineral processing licence or mineral trading permit granted under this Act; “open cast mining operations” means any working or excavation open to the surface beneath the original surface of the ground for the purpose of mining, but excludes prospecting pits; “ore” means a natural aggregate of one or more minerals which may be mined and sold at a profit or from which some parts may be profitably extracted; “petroleum” has the meaning assigned to it in the Petroleum (Exploration and Production) Act, 2008, but does not include coal; “person” includes a partnership and co-operative; “precious metal” means gold, platinum, palladium, indium, osmium, rhodium, iridium, ruthenium, selenium and silver, or any other relatively scarce, highly corrosion resistant metal of high economic value; “radioactive mineral” means a mineral which contains by weight at least onetwentieth of one percent of uranium or thorium or any combination thereof, including—, (a)   monazite, sand and other ores containing thorium; and. Prohibition of disposal of minerals, 97. Restrictions of rights of entry by holder of licence or permit, 53. Mines … (b)   has been convicted of an offence under this Act or any other relevant written law; (c)   has been convicted of an offence involving fraud or dishonesty; or. On 4 May 2016, the Parliament passed the Mines and Minerals Development (Amendment) Bill 2016 (the bill) for presidential assent. 2018. Prohibition of conduct with dangerous results, 107. 67 OF 1957 [28th December, 1957.] Release: 3. Title: F:\ACTS FOR 2018 2\The Mines and Minerals Development (Amendment) Act No. THE MINES AND MINERALS ACT THE MINES AND MINERALS (ENVIRONMENTAL) REGULATIONS ARRANGEMENT OF REGULATIONS PART I PRELIMINARY Regulations 1. Management of assets on suspension, abandonment or revocation of mining or non-mining right, 76. Calculation of Taxes (Consequential Provisions) Act … 132/2018) [2019] ZMCA 243 (3 October 2019); Mines and Minerals Development (Mining Rights and Non-Mining Rights) Order, 2010; Mines and Minerals Development Act, 2008; Mines and Mineral Development (Mining Rights and Non-Mining Rights) Order, 2009 • Now I present a synopsis of key aspects of the Act: Eligibility (a)   inspect the area, premises or workings and examine exploration, mining or mineral processing operations or the treatment of minerals at the area, working or premises; (b)   ascertain whether or not the provisions of this Act or the conditions of a mining right or non-mining right are being complied with; (c)   ascertain whether or not any nuisance exists upon the area, land or mine or in the premises or workings; (d)   give directions and take steps to enforce any provision of this Act or to abate or remove any nuisance; (e)   take soil samples or specimens of rocks, ore concentrates, tailings, minerals or any other material from the area, premises or workings for the purpose of examination or assay; (f)   examine books, accounts, vouchers, documents, maps, drilling logs or records of any kind; or. In a statement, Ministry of Mines and Mines development Permanent Secretary Barnaby Mulenga says the amendment to the act will also look at other gaps in the laws including … ENACTED by the Parliament of Zambia. April 24, 2018 Kabwe mining licence reinstated The department is made up of four Units. Renewal of mining or non-mining right, PART VISAFETY, HEALTH AND ENVIRONMENTAL PROTECTION, 80. (d)   advise the Minister on matters relating to its functions under this Act. Mining companies in Zambia focus on excerpting copper and uranium, as well as gold, nickel and industrial deposits, which are more limited. (3) It shall come into force on such date as the Central Govt. (4) The Director of Mines Safety shall have responsibility for matters concerning the environment, public health and safety in exploration, mineral processing and mining operations. Alteration of exploration or mining area, 69. On 4 May 2016, the Parliament passed the Mines and Minerals Development (Amendment) Bill 2016 (the bill) for presidential assent. (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. Constitution Amendment Act 2016; Acts; Bills; Bills - Not Presented; Laws of Zambia ; Ministerial Statements; Library E-Resources; Government Agreements; Framework; Sessional Reports; Search form. (2) The appointment of an honorary inspector may be—, (a)   general, so that the honorary inspector is empowered to act in any part of the Republic, in a mining area or other area specified in the notice of appointment; or. Mines and Minerals Act. Zambia’s mining windfall tax . “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. Right to use and access water or graze stock, 55. (11) The Minister may attach the Director of Mines, Director of Mines Safety or Director of Geological Survey or an authorised officer to exploration, mining or mineral processing operations, border posts or mineral product trading centres in order to enforce the provisions of this Act. (c)   maintain public cadastral maps and cadastre registers. (1) There is established the Mining Licensing Committee which shall —. Parliamentary Period: Third Session of the Twelfth … Chapter number: 61:01. The 2015 Act provides: Exploration licence- valid for an initial period of 4 years and may be renewable for 2 further periods of 3 years (except exploration … GOVERNMENT OF ZAMBIA ACT No. Obligations of holder of mining licence, 36. Under the Mines and Minerals Development Act 2008, the government simplified licensing procedures, created favorable investment environment and placed minimum constraints on mining activities. 11 of 2015. Short title 2. Consideration of application for exploration licence, 25. 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. (4) The Minister shall, where practicable ensure equitable gender representation when appointing the members of the Committee. 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… (1) The Minister may, in consultation with the Directors, by notice in the Gazette, on such terms and conditions as the Minister may specify in the notice, appoint any suitably qualified person as an honorary inspector. Every mineral in its natural state in, under or upon land in … Under the Mines and Minerals Development Act 2008, the government simplified licensing procedures, created favorable investment environment and placed minimum constraints on mining activities. Mines and Minerals Act Environmental Regulations Mines and Minerals Development (Amendment) Act 2009 Mines and Minerals Development Act No 7 of 2008 Pneumoconiosis Act (Vol 13 ch 217) Uranium & Radioactive Mineral Ores Regulations Zambian Mines Local Pension Fund (Dissolution) Act (Vol 13 ch 220) Tax Law. Home » Mines and Minerals Act. (a) increase the mineral royalty for copper, cobolt and (1) Where an office referred to in sub-section (1) of section 5 is vacant or the holder of the office is, owing to illness or other cause, unable to exercise or perform the powers and functions of office, the Public Service Commission shall appoint another person to exercise or perform the powers and functions of that office. The Zambia Chamber of Mines has noted with concern the signing of a Statutory Instrument, cited as the Railways (Transportation of Heavy Goods) Regulations, 2018, to compel 30 percent of bulky and heavy cargo to be transported by rail. 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 (b)   in the case of a body corporate, to a fine of five million penalty units. May 2018 . Use of explosives 96. Zambia has made changes to its mining taxation policies over the past decades, giving rise to much debate and discussion in the sector. (d)   maintain such laboratory and library and record facilities as may be necessary for the performance of the functions under this Act. Tuesday, June 2, 2015; Act 11 of 2014. (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. Mergers or coordination of mining operations, 70. 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. The following principles shall apply to the mining and development of minerals—. Olav Lundstøl1 and Jan Isaksen2. An Act to make provision with respect to prospecting for and mining minerals; to. 31st January, 2018 Issued by: Zambia Chamber of Mines The Zambia Chamber of Mines has noted with concern the signing of a Statutory Instrument, cited as the Railways (Transportation of Heavy Goods) Regulations, 2018, to compel 30 percent of bulky and heavy cargo to be transported by rail. April 24, 2018 Kabwe mining licence reinstated (4) A mining right over an area exceeding two cadastre units shall only be granted to a company. (As amended by Act No. Consideration of application for mineral processing licence, 41. Legal Information from Africa. (2) A reference in this Act to land subject to a mining right or mineral processing licence means a reference to an area of land in respect of which a mining right or mineral processing licence has been granted and subsists. 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 … BE it enacted by Parliament in the Eighth Year of the Republic of India as follows:― CHAPTER I PRELIMINARY 1. (8) The Directors may, by Gazette notice, designate any public officer to be an authorised officer for the purpose of the exercise and performance of all or any of the functions conferred on an authorised officer by the provisions of this Act. (1) This Act may be cited as the Mines and Minerals Act. 1. (6) The Committee may, in considering an application under this Act, consult any person in the area to which an application for a mining or non-mining right relates who may be affected by the grant, termination, suspension, cancellation or renewal of a mining or non-mining right. Offences and penalties under sections 81-99 Administration and miscellaneous provisions 100. MINES AND MINERALS DEVELOPMENT ACT Arrangement of Sections Section PART IPRELIMINARY 1. Please click here to subscribe to a subscription plan to view this part of the article. This section of the article is only available for our subscribers. 2. Title 2. Zambia, Africa’s second-largest producer of copper, is highly dependent on mining as its major productive industry. Subscribe now. Deferment of commencement of mining, 35. (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. An Act to amend the Mines and Minerals Development Act, 2008 [23rd December, 2014 ENACTED by the Parliament of Zambia. (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.
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