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. (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 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. 14 of 2016. (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. Sign in to download document ; Country . (1) A mining right or non-mining right shall not be granted to any person except in accordance with the provisions of this Act. Useful links. As a result the mining sector of Zambia in the last two decades has experienced tremendous growth and investment. No 18 of 2018 An Act to amend the Mines and Minerals Development Act, 2015. Management of assets on suspension, abandonment or revocation of mining or non-mining right, 76. Ownership of minerals 4. 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. (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. 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. This Act may be cited as the Mines and Minerals Development Act, 2015, and shall come into operation on 1st July, 2015. Mr Musukwa who is also (1) The Directors or an authorised officer may, at any reasonable time, enter upon a mining area or any premises or working on or under the mining area to—. Prohibition of trading in minerals without permit, 45. 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. Offence committed by body corporate or unincorporated body, 118. April 24, 2018 Kabwe mining licence reinstated 4 THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT, 1957 ACT NO. (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. “Zambia Environmental Management Agency” means the Zambia Environmental Management Agency established under the Environmental Management Act, 2011. Mining in Zambia: Progress made but some lingering hidden costs remain. G.G.98089 - Tuesday, December 23, 2014. Obligations of holder of mining licence, 36. 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. • Geological data derived from exploration companies is seen as incomplete and poorly archived, and a lost resource for Namibia. 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. 31 of 1995 41 of 1996 1 of 1997 8 of 1997 8 of 1998 5 of 1999 2 of 2000 5 of 2003 4 of 2006 Statutory Instrument 166 off 1995 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. 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 Obstruction of holder of mining or non-mining right, 108. Interpretation 2. … Mergers or coordination of mining operations, 70. (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. Sale of mining or mineral processing plant, 85. (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. Zambia’s mining windfall tax . may, by Notification in the Official Gazette, appoint. Design & Developed by Indiafin Technologies Ltd. Home » Mines and Minerals Act. Mine site closure 7. Thursday, May 2, 2019; Act 18/2018. [ 14th August, 2015 ENACTED by the Parliament of Zambia PART I PRELIMINARY 1. (c)   maintain public cadastral maps and cadastre registers. The Mines Safety Department (MSD) is responsible for all matters pertaining to safety and health of persons employed in Exploration, Mining and Mineral processing operations throughout the Republic of Zambia in line with the provisions of the Mines Minerals Development Act number 7 of 2008. possession of minerals in respect of which mineral Zambia; Year . (b)   in the case of a body corporate, to a fine of five million penalty units. mines_and_minerals_act_21_05.pdf More like this Grandwell Holdings (Private) Limited v ZMDC & 2 Ors (SC 5-20, Civil Appeal No. GOVERNMENT OF ZAMBIA ACT No. (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. Suspension or revocation of mining right or mineral processing licence, 73. (1) The Public Service Commission shall appoint as public officers—, (c)   the Director of Geological Survey; and. Compensation for disturbance of rights, etc, 61. Geological survey, mapping and exploration on behalf of Republic, 28. Alteration of exploration or mining area, 69. 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 … Functions of Inspectorate of Mines 103. Acquisition of mining rights by Government, 20. Fill in the registration form and answer a few simple questions to receive a quote. Execution and delegation of powers and functions of Directors and other officers, 10. “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. 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. Zambia has made changes to its mining taxation policies over the past decades, giving rise to much debate and discussion in the sector. Amendment of programme of exploration or mining operation, 66. Parliamentary Period: Third Session of the Twelfth … Endangering safety and health of persons employed in mine, 105. INVESTMENT OPPORTUNITIES IN THE MINERAL SECTOR IN ZAMBIA Mines and Minerals Act 2008 overview • All exploration and mining activities are governed by the Mines and Minerals Act, 2008. Blackhall Publishing. (As amended by Act No. Under the Mines and Minerals Development Act 2008, the government simplified licensing procedures, created favorable investment environment and placed minimum constraints on mining activities. (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. Lafarge Zambia Plc v The Attorney General & Another (Appeal No. An Act to amend the Mines and Minerals Developement Act, 2008 WIDER Working Paper 2018/51 . Title: F:\ACTS FOR 2018 2\The Mines and Minerals Development (Amendment) Act No. 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 … Obligations of holder of mineral processing licence, 42. Interpretation PART II ENVIRONMENTAL IMPACT ASSESSMENT 3. (4) The Minister shall, where practicable ensure equitable gender representation when appointing the members of the Committee. (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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