(1) This Act may be cited as the Mines and Minerals Development (Amendment) Act, 2014, and shall be read as one with the Mines and Minerals Development Act, 2008, in this Act referred to as the principal Act. April 24, 2018 Kabwe mining licence reinstated 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. Mining right for area subject to other rights, 17. Surrender of mining right or mineral processing licence, 72. Mines and Minerals Act. (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. Laws of Zambia; Acts of Parliament; Statutory Instruments; Subject Index; Judgments. (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. MINES AND MINERALS DEVELOPMENT ACT Arrangement of Sections Section PART IPRELIMINARY 1. Malawi Judiciary. WIDER Working Paper 2018/51 . Every mineral in its natural state in, under or upon land in … [ 14th August, 2015 ENACTED by the Parliament of Zambia PART I PRELIMINARY 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. GOVERNMENT OF ZAMBIA STATUTORY INSTRUMENT NO. The bill proposes the following amendments to the Mines and Minerals Development Act 2015. Mergers or coordination of mining operations, 70. The Mines and Minerals Development Act No. (a)   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; (b)   is not incorporated under the Companies Act; (c)   has not established a registered office in Zambia; or, (d)   has among its directors or shareholders holding more than 10 percent of the issued equity of the company, a person who—, (i)   is or becomes an undischarged bankrupt under any written law, or enters into an agreement or composition with creditors, or takes advantage of a legal process for the relief of bankrupt or insolvent debtors; or. The mining industry of Zambia attracted investment of … (2) This section has effect notwithstanding any right, title or interest which a person may possess in or over the soil in, on or under which minerals are found. (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. Mines and Minerals Act, 2003 Mines and Minerals Development (General) (Amendment) Regulations, 2012 Mines and Minerals Development (Remission of Mineral Royalties) (Luanshya Copper Mines Plc, Regulations, 2009 Interpretation 2. (b) provide for matters connected with, or incidental to, the (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. (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. Home » Mines and Minerals Act. This act forms the basic framework of mining regulation in India. 17 OF 2013 The Mines and Minerals Development Act (Act No. Lusaka - Zambia: Mines Minister Richard Musukwa has vowed not to resign his position over the Black Mountain disaster which claimed 10 lives. the Act are: the divestiture of government from the business of mining through privatization of the mines; the liberalization of the fiscal policy; and the provision of several tax concessions to mining companies. (1) In this Act, unless the context otherwise requires—. Blackhall Publishing. 4. Restrictions of rights of entry by holder of licence or permit, 53. To download this document you need to be a subscriber. Forgot password? (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. (5) The Minister shall appoint the Chairperson of the Committee and the members shall elect the Vice-Chairperson of the Committee from amongst themselves. possession of minerals in respect of which mineral 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. Mine site closure 7. This act is applicable to all mineral except minor minerals and atomic minerals.It details the process and conditions for acquiring a mining … Sale of minerals 98. Please click here to subscribe to a subscription plan to view this part of the article. (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. 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 … Calculation of Taxes (Consequential Provisions) Act … (1) All rights of ownership in, searching for, mining and disposing of, minerals wheresoever located in the Republic vest in the President on behalf of the Republic. As a result the mining sector of Zambia in the last two decades has … 67 OF 1957 [28th December, 1957.] 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. Zambia has made changes to its mining taxation policies over the past decades, giving rise to much debate and discussion in the sector. 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. This brochure and the supporting “Technical Reference” illustrate the great mineral potential that exists in Zambia. (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 Ministry of Mines and Minerals Development is responsible for the development and management of mineral resources in a sustainable manner for the benefit of the people of Zambia. (3) A person shall not be appointed as a member of the Committee if the person—. 11 of 2015. Permitting unqualified person to prepare reports, 114. 14 of 2016. (2) A mining right or non-mining right shall not be granted to or held by a company which—. 11 of 2015 of the Laws of Zambia (MMDA) as read together with the Mines and Minerals Development (Amendment) Act No. Royalties on production of minerals, 92. (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. Sale of jewellery 99. (2) It extends to the whole of India. (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. 11 of 2015 is the principle legislation of the sector. (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. 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. Abandonment of land subject to mining or non-mining right, 71. Malawi Law Society. Fill in the registration form and answer a few simple questions to receive a quote. repeal the Mines and Minerals Act; and to provide for matters connected with. Consideration of environment and human health when granting mining rights or mineral processing licences, 81. 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 Home » Mines and Minerals Act. DevelopmentAct 2015, so as to provide for— Obligations of holder of gold panning certificate, 44. Application to acquire, sell, etc radioactive minerals, 52. (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. mines_and_minerals_act_21_05.pdf More like this Grandwell Holdings (Private) Limited v ZMDC & 2 Ors (SC 5-20, Civil Appeal No. 4 of 2006) (3) Section five of this Act shall come into force on the 1st April, 2000. (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—. (2) This Act shall be come into operaion on 1st April, 2006. Constitution Amendment Act 2016; Acts; Bills; Bills - Not Presented; Laws of Zambia ; Ministerial Statements; Library E-Resources; Government Agreements; Framework; Sessional Reports; Search form. (7) The Public Service Commission shall appoint such other public officers as may be necessary for the administration of this Act. Country/Territory Zambia Document type Legislation Date 1995 (2006) Source FAO, FAOLEX Long title An Act to make provision with respect to prospecting for and mining minerals; to repeal the Mines and Minerals Act; and to provide for matters connected with or incidental to the foregoing. (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—. Username Password. GOVERNMENT OF ZAMBIA ACT No. 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. Sign in. (b)   in the case of a body corporate, to a fine of five million penalty 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. 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 (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. Ownership of minerals 4. Tribunal; repeal and replace the Mines and Minerals Development Act, 2008; and provide for matters connected with, or incidental to, the foregoing. Mr Musukwa who is also Zambia has made changes to its mining taxation policies over the past decades, giving rise to much debate and discussion in the sector. (2) This Act shall come into operation on 1st … THE MINING ACT, (CAP 123) _____ REGULATIONS _____ (Made under Section 112) THE MINING (MINERAL RIGHTS) REGULATIONS, 2018 PART I PRELIMINARY PROVISIONS Citation 1. 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. (b) extend the liability to paymineral royalty to any person in Mining companies in Zambia focus on excerpting copper and uranium, as well as gold, nickel and industrial deposits, which are more limited. 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. General principles for mining and minerals development, 9. The Zambia Gazette; Legislation. Management of assets on suspension, abandonment or revocation of mining or non-mining right, 76. Year of Act: 2008. The department is made up of four Units. • Now I present a synopsis of key aspects of the Act: Eligibility The court found further that the act that was applicable was the amended Mines and Minerals Development Act No. BE it enacted by Parliament in the Eighth Year of the Republic of India as follows:― CHAPTER I PRELIMINARY 1. Mining in Zambia: Progress made but some lingering hidden costs remain. 1. On 4 May 2016, the Parliament passed the Mines and Minerals Development (Amendment) Bill 2016 (the bill) for presidential assent. (a) increase the mineral royalty for copper, cobolt and Prohibition of exploration, mining or mineral processing without licence or environmental impact assessment, 14. Display of mining or non-mining right, 64. Consideration of application for mining licence, 33. (3) It shall come into force on such date as the Central Govt. It held that the first respondent did not comply with the provisions of the act to seek recourse from the tribunal within 30 days. 1. April 24, 2018 Kabwe mining licence reinstated 4 THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT, 1957 ACT NO. Obstruction of holder of mining or non-mining right, 108. The MMDA became effective on 1 st July, 2015 although the date of assent is 14 th August, 2015. BE it enacted by Parliament in the Eighth Year of the Republic of India as follows:― CHAPTER I PRELIMINARY 1. (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. Date of assent: 27 March 2008. 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 … Appeals against decision of Directors or Committee, 104. Mines and Minerals Act, 2003 Mines and Minerals Development (General) (Amendment) Regulations, 2012 Mines and Minerals Development (Remission of Mineral Royalties) (Luanshya Copper Mines Plc, Regulations, 2009 Short title: Mines and Minerals Development Act, 2008. Deferment of commencement of mining, 35. Interpretation 3. 7 of 2008 Date of Assent: 27/03/08 An Act to revise the law relating to the prospecting for, mining and processing of minerals; to repeal and replace the Mines and Minerals Act, 1995; and to provide for matters connected with or incidental to the foregoing. Title: F:\ACTS FOR 2018 2\The Mines and Minerals Development (Amendment) Act No. Documents missing? Title 2. foregoing. General principles for mining and minerals development PART IIADMINISTRATION 5. Wednesday, December 26, 2018. Act 703 Minerals and Mining Act, 2006 95. Open Access Law Articles; SAIPAR Bookshelf; About Us; Contact Us; COVID-19 Legal Resources are available on ZambiaLII here. (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. And regulation ) Act, 1957. incomplete and poorly archived, and a resource. 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