18 of 2018.pmd Author: compedit Created Date: 1/8/2019 11:34:18 AM The Mines and Minerals Development Act No. Wednesday, December 26, 2018. Importation and exportation of minerals, 48. Short title: Mines and Minerals Development Act, 2008. Obligations of holder of mineral trading permit, Division 7 — Mineral Import and Mineral Export Permits, 47. (9) An authorised officer shall be provided with a certificate of appointment, which shall be prima facie evidence of the authorised officer’s designation as such. (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. Useful links. As a result the mining sector of Zambia in the last two decades has experienced tremendous growth and investment. (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. 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. Suspension of production or closure of mine by Director of Mines Safety or Director of Mines, 37. Sign in. 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 … An Act to amend the Mines and Minerals Developement Act, 2008 April 24, 2018 Kabwe mining licence reinstated 4. Preference for Zambian products, contractors and services and employment of citizens, 21. Enactment PARTI PRELIMINARY 1. (d)   advise the Minister on matters relating to its functions under this Act. The following principles shall apply to the mining and development of minerals—. 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. (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. 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. Deferment of commencement of mining, 35. 4 of 2006) (3) Section five of this Act shall come into force on the 1st April, 2000. (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. Lusaka - Zambia: Mines Minister Richard Musukwa has vowed not to resign his position over the Black Mountain disaster which claimed 10 lives. 2018. 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 … (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. Tribunal; repeal and replace the Mines and Minerals Development Act, 2008; and provide for matters connected with, or incidental to, the foregoing. MINES AND MINERALS DEVELOPMENT ACT Arrangement of Sections Section PART IPRELIMINARY 1. It covers licensing, procedures for exploration, mining and mineral processing, safety, health and environment in the mining sector. This Act may be cited as the Mines and Minerals Development Act. Chapter number: 61:01. Parliamentary Period: Third Session of the Twelfth … Use of explosives 96. Malawi Law Society. 11 of 2015. (3) A mining right or non-mining right shall not be granted to or held by an individual who—, (b)   is or becomes an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any written law, or enters into any agreement or composition with creditors, or takes advantage of any legal process for the relief of bankrupt or insolvent debtors; or. 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. Application to acquire, sell, etc radioactive minerals, 52. “Zambia Environmental Management Agency” means the Zambia Environmental Management Agency established under the Environmental Management Act, 2011. 11 of 2015 of the Laws of Zambia (MMDA) as read together with the Mines and Minerals Development (Amendment) Act No. On 4 May 2016, the Parliament passed the Mines and Minerals Development (Amendment) Bill 2016 (the bill) for presidential assent. 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. The key responsibilities of the Mines Development Department are the issuance and administration of mining rights, gemstones sales certificates, import and export permits and monitoring of the mining operations to ensure that mine development is in line with approved programmes of operations and in accordance with the Mines and Minerals Development Act. Olav Lundstøl1 and Jan Isaksen2. Acquisition of use of land by holder of mining right, 57. Contents of environmental impact statement 6. The bill proposes the following amendments to the Mines and Minerals Development Act 2015. (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. Management of assets on suspension, abandonment or revocation of mining or non-mining right, 76. Obstruction of holder of mining or non-mining right, 108. 2. (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. repeal the Mines and Minerals Act; and to provide for matters connected with. Offences and penalties under sections 81-99 Administration and miscellaneous provisions 100. “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. 17 OF 2013 The Mines and Minerals Development Act (Act No. [7th June, 2016 ENACTED by the Parliament of Zambia. An Act to provide for the 1[development and regulation of mines and minerals] under the control of the Union. (2) A mining right or non-mining right shall not be granted to or held by a company which—. Consideration of application for exploration licence, 25. (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. 4 THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT, 1957 ACT NO. (4) A mining right over an area exceeding two cadastre units shall only be granted to a company. GOVERNMENT OF ZAMBIA STATUTORY INSTRUMENT NO. The primary law governing the mining sector in Zambia is the Mines and Minerals Development Act No. 67 OF 1957 [28th December, 1957.] Declaration as to the expediency of Union control. This act is applicable to all mineral except minor minerals and atomic minerals.It details the process and conditions for acquiring a mining … Home| About Us| Terms & Conditions |Privacy Statement |Publishing Services| Contact us | Sitemap Copyright 2018. G.G.98089 - Tuesday, December 23, 2014. Geological survey, mapping and exploration on behalf of Republic, 28. Abandonment of land subject to mining or non-mining right, 71. Acquisition of mining rights by Government, 20. Short title, extent and commencement.―(1) This Act … Useful links. Zambia’s mining windfall tax . On 4 May 2016, the Parliament passed the Mines and Minerals Development (Amendment) Bill 2016 (the bill) for presidential assent. (g)   obtain any information necessary for the purposes of this Act. Malawi Judiciary. Chapter number: 61:01. (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. WIDER Working Paper 2018/51 . (a) increase the mineral royalty for copper, cobolt and (3) It shall come into force on such date as the Central Govt. Mining in Zambia: Progress made but some lingering hidden costs remain. 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 (2) This Act shall come into operation on 1st … may, by Notification in the Official Gazette, appoint. (c)   maintain public cadastral maps and cadastre registers. (a)   receive and process applications for mining rights and mineral processing licences; (b)   administer mining rights and mineral processing licences; and. 31 st January, 2018 . GOVERNMENT OF ZAMBIA ACT No. Ownership of minerals 4. (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. 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. Closure of area to priority licensing, 31. [ 14th August, 2015 ENACTED by the Parliament of Zambia PART I PRELIMINARY 1. Zambia has made changes to its mining taxation policies over the past decades, giving rise to much debate and discussion in the sector. or incidental to the foregoing. 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