The primary law governing the mining sector in Zambia is the Mines and Minerals Development Act No. 11 of 2015 (MMDA) as read together with the Mines and Minerals Development (Amendment) Act No. 14 of 2016. The MMDA became effective on 1st July, 2015 although the date of assent is 14th August, 2015. It repealed and replaced the Mines and Minerals Development Act No. 7 of 2008.
The 2015 Act provides for the mining disputes tribunal where people with technical expertise can give their input on the matter at hand. If the case does still go to court, there is a record to demonstrate that a proper assessment of the situation has been made. The other The MMDA deals with mining rights, licences, large-scale mining in Zambia, gemstone mining, health and safety, environmental protection, and geological services on analysis, royalties and charges. Other pieces of legislation, other than the Mines and Minerals Development Act, include: the Mines Acquisition (Special Provisions) Act, Chapter 218, Volume 13 of the Laws of Zambia; and the Mines Acquisition (Special Provisions) (No. 2) Act, Chapter 219, Volume 13 of the Laws of Zambiaimportant development has been the new constitution that came into place in 2016.
The mining industry is administered by the Ministry of Mines and Minerals Development, previously called Ministry of Mines, Energy and Water Development.
The MMDA gives primary power to the Director of Mines, Director of Mines Safety, Director of Mining Cadastre and Director of Geological Survey, while the Minister has an appellate and supervisory role over the respective Directors’ actions.
The aforementioned departments all have their head offices situated in Lusaka, except the Department of Mine Safety, which is situated in Kitwe in the Copperbelt Province
All mining rights are acquired under the provisions of the Mines Act. Mining rights under the Mines Act consist of a mining license or an exploration license. Therefore, a person may only prospect for minerals or carry on mining operations under the authority of a mining right granted under the Mines Act.
All mining rights are acquired by application to the Director of mines Cadastre by submitting a prescribed form and paying the prescribed fee by either an individual or a company. Mining rights are granted on a first-come, first-served basis by either the Director of mines or the Director of the geological survey, where the application meets the requirements of the Mines Act.
Steps to acquire the Mining Licence
- Fill in an application form
- Include applicant names, addresses, shareholders and Directors, etc in correct format.
- Attach all relevant accompanying appendices
- Let Registrar of Mining Rights review checklist requirements
- Pay the relevant application fee
- Submit application form and pink receipt copy to Registrar of Mining Rights counter.
- Mineral Export Permit
- An exporter of minerals, ores or mineral products including samples should submit the following documents:
- Invoice(s) from the seller of the mineral.
- Mineral Analysis Certificate and Evaluation Report obtainable from the Director of Geological Survey Department
- Police Clearance from the town where the mine is situated.
- Completed application forms for an export permit obtainable from the Director of Mines.
- Mineral Royalty clearance from ZRA
- Exploration Licence:
- It is issued by the Director of Mining Cadastral in the prescribed form upon payment of the prescribed fees for Small Scale and Large Scale exploration.
- Depending on the type of application, the following supporting documents are required
- A duly completed Form1 with geographical coordinates of the area of interest which should fit the predefined cadastral grid
- For individuals, certified copy of National Registration Card or Passport
- For companies, certified copy of Certificate of Registration, Articles of Association and Shareholders /Directors details
- Statement of the minerals to be searched for
- Environmental Commitment Plan
- Proposed prospecting operations and indication of investment commitment
- Proposal for employment and training of Zambians
- Tax clearance certificate
- Proposal for the promotion of local business development