Zambia Act or statute

Zambia legislation

Mines and Minerals Act, 1995

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Jurisdiction: Zambia
Structure: 176 provisions
Citation: Act 31 of 1995
Dates: Undated source snapshot

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Purpose and legislative effect

“This section gives the Act its short title and lets the Minister appoint its commencement date by statutory instrument.”

This section gives the Act its short title and lets the Minister appoint its commencement date by statutory instrument. This section defines key terms used in the Act, including mining-related agreements, licences, the Director, holder, mineral, and mining. Section heading indicates that mineral rights are vested in the President. Authority is required for prospecting or mining. Certain persons are disqualified from holding mining rights.

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This Act may be cited as the Mines and Minerals Act, 1995,'

This section gives the Act its short title and lets the Minister appoint its commencement date by statutory instrument.

Section 1

Remission and deferment of royalties

This section is titled “Remission and deferment of royalties.”

Section 67

(I) A large-scale mining licence confers . 9n the holder

A large-scale mining licence gives the holder exclusive rights to mine and prospect in the mining area.

Section 23

(I) If the holder of a large-scale mining licence fails to pay

If a large-scale mining licence holder does not pay a royalty or provisional royalty on time, the Minister may stop disposal of minerals from the mining area until an acceptable payment arrangement is made.

Section 69

(!)The holderof an interim licence who, immediately before

An interim-licence holder who previously held a qualifying mining licence or permit may apply for, and must be granted, a small-scale mining licence for the area covered by the interim licence.

Section 6

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Showing 176 of 176 provisions

Provision 140Commencement 10Offence 9Amendment 7

Part

PART I

§ 1This Act may be cited as the Mines and Minerals Act, 1995,'Short title

This section gives the Act its short title and lets the Minister appoint its commencement date by statutory instrument.

1. This Act may be cited as the Mines and Minerals Act, 1995,' and shall come into operation on such date as the Minister may, by statutory instrument, appoint

Section 1Verify source

§ 2(1) In this Act, unless the context otherwise requiresShort title

This section defines key terms used in the Act, including mining-related agreements, licences, the Director, holder, mineral, and mining.

2. (1) In this Act, unless the context otherwise requires--- " access agreement " means an agreement entered into be tween the holder of a mining right· and any owner or occupier of land over which the right subsists, for the regulation of prospecting, mining or other activities authorised by the mining right to be carried on upon the land; " artisan's mining right" means an artisan's mining right granted under Part VII; " building materials " means minerals and rocks commonly used for building, road making or agricultu.ral purposes and includes sand, clay, gravel, laterite, limestone; granite, phyllite and any other rock when so used; " development agreement " means an agreement entered into under section nine in relation to a large-scale mining licence; · " Director " means the Director of Mines appointed uncter section eighty-three; "gemstone licence" means a gemstone licence granted under Part IV; - .. J 298 No.JI ofl995] Mines and Minerals "gemstone sales certificate" means a gemstone sales certifi cate granted under Part XIII; "gemstones" means amethyst, aquamarine, beryl, corundum, diamond, emerald, garnet, ruby, sapphire, topaz, tourma line and any other non-matellic mineral substance, being a substance used in the manufacture of jewellery, that the Minister, by statutory instrument, declares to be a gem stone for the purposes of this Act; " holder " means the person in whose name a mining right is ·· " large-scale mining licence means a large-scale mining registered'; licence granted under Part III; " local office" means an office of the Ministry established for any are�;_ " mine." means any place, pit, -shaft,.drive, level ·or other excavation, and any drift.gutter, lead, vein, lode; reef, salt pan orworldng, in oron or by means of which any operation connec�ed with mining is carried on, together with all buildings, premises, erections and• appliances, whether above or below the ground, that are used in connection with any such operation or for the extraction, treatment or preparation of any mineral or for the purpose of dressing mineral ores; . " mincraJ "means any material substance, wiiether in solid, liquio, or gaseous form , that occurs naturally in or beneath the surface of the earth, but does not include water, petro leum.or any substance or thing prescribed by the Minister . by regulation; · " mining " means the extraction of matenal, whether solid, liquid or goseous from land cir from beneath ·the surface of the eart�, '" orde:r to win minerals, and iii.eludes ai:iy opera tions directly or indirectly necessary or incidental thereto; .. Mining Advisory Committee .. me�s.the Mining Advisory Committee established by section eighty-eighty; ·' mining area "means an area of land �ubject to a licence or permit under this Act or an interim licence held under the Founh Schedule that confers rights similar to the rights conferred by such a licence or permit; " mining operations " means operations carried out in the course of mining; '' mining plarit "means any building, plant, machinery equip ment, tools or other property that has been used for mining, whether or not affixed to 1an4, but does not include any ' __ J Mines and Minerals fNo. 31 of 1995 291 THE MINES AND MINERALS ACT. 1995 ARRANGEMEN'I 01' SECTIO'IS PART! l'RELIMl�ARY l. Short title and commencement

Section 2Verify source

Part

Part IV;

§ 3Rights LO minerals vested in the Presid�mInterpretation

Section heading indicates that mineral rights are vested in the President.

3. Rights LO minerals vested in the Presid�m Interpretation PART II MINING RIGtrrS GF\!·'Vf I y

Section 3Verify source

§ 3(1) All rights of ownership in, searching for, and mining andProvision

Mineral ownership and related rights are vested in the President on behalf of the Republic, and this overrides contrary private rights in the soil.

3. (1) All rights of ownership in, searching for, and mining and disposing of, minerals arc hereby vested in the.President on behalf of the Republic Rights to minerals vested in the President 300 No. 31 of 1995] Mines and Minerals (2) The provisions of this section have effect notwithstanding any right, title or interest which any person may posses in or over the soil in, on or under which minerals are found. PART II MINING Rrmrrs GENERALLY Acquisition ofmirung rights

Section 3Verify source

Part

PART II

§ 5Authority required for prospecting or miningProvision

Authority is required for prospecting or mining.

5. Authority required for prospecting or mining

Section 5Verify source

§ 7Certain persons di qualified from holding mining rightsProvision

Certain persons are disqualified from holding mining rights.

7. Certain persons di qualified from holding mining rights

Section 7Verify source

§ 10Priority of applications for mining rightsProvision

This section is titled “Priority of applications for mining rights.”

10. Priority of applications for mining rights

Section 10Verify source

§ 11Survey or landProvision

Section heading for survey or land in Part III on large-scale mining operations and prospecting licences.

11. Survey or land PART III LARGE-SCALE MINl:--G OPERATI01'S Prospecting Licences

Section 11Verify source

§ 4Subjectto the other provisions of this Act, rights of prospectProvision

Rights to prospect for, mine, and dispose of minerals may be acquired and held under this Act, subject to its other provisions.

4. Subjectto the other provisions of this Act, rights of prospect ing for, mining and disposing of, minerals may be acquired and held under and in accordance with this Act. Authority required for prospecting or mining

Section 4Verify source

§ 5Section 5Offence

A person may not prospect for minerals or carry on mining operations unless authorized by a mining right. The Director may give a temporary written right, for up to 90 days and subject to conditions, to enter unreserved areas or do aerial survey work for reconnaissance.

5. (!) A person shall not prospect for minerals or carry on mining operations except under the authority of a mining right granted under this Act: Provided that the Director may, for a period not exceeding ninety days, grant in writing, subject to such conditions (including condi tions relating to work and expenditure), as theDirectormayimpose, the right Lo enter any area that is not subject to a mining right, or undertake an aerial survey, for the purpose of reconnaissance operations for thelocationofminerals by geophysical, geochemical and photogeological surveys or by the study of surface geology. (2) A right granted by the Director under the proviso to subsec tion ( I ) shall not confer on the holder exclusive rights over the area to which it relates or any preference or priority in respect of an application for a prospecting licence over any such area. (3) Any person who contravenes subsection(!) shall be guilty of an offence and shall be liable on conviction- ( a) in the case of an individual, to a fine not exceeding fifty thousand penalty units or imprisonment for a term not exceeding two years, o_r to both; or (b) in the case ofa body corporate, to a fine not exceeding five hundred thousand penalty units.

Section 5Verify source

§ 6The following mining rights may be granted under this ActProvision

This section lists the mining rights that may be granted under the Act, and says a right shall not be granted except to an individual.

6. The following mining rights may be granted under this Act: ( a) a prospecting licence; (h) a retention licence; (c) a large-scale mining licence; (d) a prospecting permit; ( e) a small-scale mining licence; (f) a gemstone licence; ( g) an artisan's mining right. --- ---------·-· .. -· --- . Types of mining rights --- - -- --- - -- - - -- - Mines and Minerals [No. 31 of 1995 301 right shall not be granted except to an individual

Section 6Verify source

§ 7(1) A miningProvision

Some people and companies cannot be granted or hold mining rights, and any document or transaction trying to grant a right to an ineligible person is void.

7. (1) A mining __ or a company. (2) A mining right shall not be granted to or held by ( a) an individual who- Certain persons disqualified from holding mining rights (i) is under the age of eighteen years; (ii) is or becomes an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any written law, or enters into any agree ment or scheme of composition with his credi tors, or takes advantage of any legal process for the relief of bankrupt or insolvent debtors; or (b) a company which is in liquidation, other than liquidation which forms part of a scheme for the reconstruction of . the company or for its amal gamation with another com pany. (3) An artisan's mining right shall not be granted to a person who is not a citizen of Z1mbia. (4) Any document or transaction purporting to grant a mining right to any person not entitled to hold the right shall be void and of no effect.

Section 7Verify source

§ 8(I) A mining right, and the rights conferred by it, shall beAmendment

A mining right must comply with this Act, the regulations, and the conditions attached to the right, including later permitted amendments to those conditions.

8. (I) A mining right, and the rights conferred by it, shall be subject to the provisions of this Act and the regulations made under this Act, the conditions attached to it at the time it is granted and, to the extent that the amendment of such conditions during the currency of the mining right is permitted under this Act, to the conditions as amended from time to time. (2) In the case of large-scale mining licence, this section has effect subject to section nine.

Section 8Verify source

§ 9(1) For the purpose of encouraging and protecting large-scaleProvision

The Minister may enter into a development agreement for a large-scale mining licence.

9. (1) For the purpose of encouraging and protecting large-scale 'investments in the mining sector in Zambia, the Minister may, on behalf of the Republic, cnterinto an agreement relating to the grant of a large-scale mining licence. (2) An agreement referred to in subsection (1) shall be known as a development agreement, and may contain provisions binding on the Republic in relation to- (a) mining operations under a large-scale mining licence, or the financing of any mining operations under such a licence; (b) the circumstances or the manner in which the Minister or the Director shall exercise any power or discretion conferred on them by this Act in respect of the licence; and Restrictions on mining rights Develop ment agreemcnt!i. - ·-··--- - ----- ____ __) 302 No. 31 of 1995] Mines and Minerals (c) the settlement of disputes arising out of or relating to the agreement, the administration of this Act, or the terms or conditions of a large-scale mining licence, including provisions relating to the settlement of any such dispute by international arbitration. Priooty of applications for mining rights

Section 9Verify source

§ 10(I) Subject to this Act, where more than one application forProvision

When multiple mining right applications cover the same land, they must be handled in order of receipt. Fee-paid applications must be registered immediately, numbered, and the receipt must show the date and time received. Before issuing a mining right, the Director may require a proper survey of the land.

10. (I) Subject to this Act, where more than one application for a mining right over the same area of land is duly lodged and received, the applications shall be disposed of in the order in which they are received. (2) Every application for a mining right duly made by an applicant who has tendered any fee as prescribed by or under this Act shall be registered immediately in a register maintained for the purpose, and each application so registered shall be assigned a number, and the date and time when the application was received shall be indicated on an official receipt handed to the applicant or his authorised agent or sent to the applicant by registered mail. Survey of land 1 1. Before a mining right is issued, the Director may require that the land over which the mining right is to be issued be properly surveyed in accordance with legal requirements. PART III LARGE-SCALE MINING OPERATIONS Rights conferred by prospecting licence Application iOr prospect ing licence Prospecting Ucences

Section 10Verify source

Part

PART III

§ 12Rights conferred by prospecting licenceProvision

This section is titled “Rights conferred by prospecting licence.”

12. Rights conferred by prospecting licence

Section 12Verify source

§ 16Obligations of holder of'prospecun.!, J-.icenceProvision

Section heading only: “Obligations of holder of prospecun.!, J-.icence”.

16. Obligations of holder of'prospecun.!, J-.icence

Section 16Verify source

§ 17Removal of mineralsProvision

Section 17 is titled “Removal of minerals” and refers to retention licences.

17. Removal of minerals Retention Licences

Section 17Verify source

§ 18Rights conferred by rcLention licencProvision

Section title: rights conferred by a retention licence.

18. Rights conferred by rcLention licenc

Section 18Verify source

§ 21Renewal of retention licenceProvision

Section heading on renewal of a retention licence.

21. Renewal of retention licence 22 Cancellation of re1ention licence Large-Scale Mining Licences

Section 21Verify source

§ 23Rlghts conferred by large-scale mining licenceProvision

This section is about the rights conferred by a large-scale mining licence.

23. Rlghts conferred by large-scale mining licence

Section 23Verify source

§ 24Application for large-scale mining licenceProvision

This provision is titled “Application for large-scale mining licence.”

24. Application for large-scale mining licence

Section 24Verify source

§ 25Grant of large-scale mining licenceProvision

This section is titled “Grant of large-scale mining licence” and also states that single copies of the article may be obtained from the Government Printer for K1,320.00 each.

25. Grant of large-scale mining licence Single copies of this Art may be obtained from the GovemmenJ Primer, P.O. Box 30136, 10100 Lusaka. Price Kl ,320.00 each. 292 No. 31 of 1995] Mines and Minerals

Section 25Verify source

§ 26Renewal of large-scale mining licenceProvision

This section is about renewing a large-scale mining licence.

26. Renewal of large-scale mining licence

Section 26Verify source

§ 27Obligations of holder of large-scale mining licenceProvision

This section concerns the obligations of the holder of a large-scale mining licence.

27. Obligations of holder of large-scale mining licence

Section 27Verify source

§ 28Suspension of productionProvision

Section 28 is titled “Suspension of production.”

28. Suspension of production PART IV SMALL-SCALE MINING OPERATIONS Prospecting Permits

Section 28Verify source

§ 12A prospecting licence confers on the holder of the licenceProvision

A prospecting licence gives its holder exclusive rights to prospect in the licence area for the minerals named in the licence, and to do things reasonably necessary for that work.

12. A prospecting licence confers on the holder of the licence exclusive rights to carry on prospecting operations in the prospect ing area for the minerals specified in the licence and to do all such other acts and things as are necessary for or reasonably incidental to the carrying on of those operations.

Section 12Verify source

§ 13( ] ) An application for a prospecting licence shall be made toProvision

An applicant for a prospecting licence must apply to the Minister in the prescribed form, pay the prescribed fee, and include the required application details.

13. ( ] ) An application for a prospecting licence shall be made to the Minister in the prescribed form and shall be accompanied by the prescribed fee. (2) The application shall include- ( a) in the case of an applicant who is an individual, his name, address and nationality and in respect of a company that is an applicant, its registered name and address and the names, addresses and nationalities of the directors and of any shareholder who is the beneficial owner of more than five per centum of the issued capital; (b J a full description of the area of!and over which the licence is sought and a plan of the area prepared in such manner and showing such particulars as the Minister may rea sonably require; Mines and Minerals [No. 31 of 1995 303 (c) a statement of the minerals to be searched for; (d) details of any mining right previously granted to the applicant; and (e) such further information as may be prescribed by the Minister by statutory instrument.

Section 13Verify source

§ 14(I) The Minister shall, within sixty days pf receipt of anProvision

The Minister must grant a prospecting licence within 60 days of a duly made application unless specified disqualifications or competing-right exceptions apply.

14. (I) The Minister shall, within sixty days pf receipt of an application duly made, grant a prospecting·!icence to the applicant, unless- Grant of prospecting licence ( a) he is disqualified from holding a prospecting licence under section seven; (b) he is the holder of another mining right and is in breach of any condition of that right or in breach of any of the provisions of this Act or the regulations in relation thereto; ( c) the area ofland for which he has made application, or a part ol\it, is subject to another mining righ\, or extends to or is included in, an area in respect of which the Director has granted preliminary investigation rights on condi tions which impose work -:ir expenditure obligations, unless in any such case the applicant is himself the holder of that right; or (d) the area of land for which application has been made covers or includes an area ofland for which application has been made by another person who has priority over the applicant. (2) A prospecting licence shall- ( a) state the date of the grant of the licence, the period, not exceeding two years, for which it is granted and the conditions on which it is granted; (b) specify the minerals in respect of which it is granted; and (c) include a description and plan of the prospecting area. (3) There shall be appended to a prospecting licence the programme of prospecting operations, as accepted by the Minister, which shall form part of the conditions of the licence. · (4) In determining thcdateforthe commencementinforceofthe licence, the Minister may take account of any period not exceeding six months from the date of the grant which is required by the applicant to make any necessary preparations for prospecting operations.

Section 14Verify source

§ 15(1) A prospecting licence shall, on application, be renewedCommencement

A prospecting licence must be renewed by the Minister on application if the holder meets the stated renewal conditions.

15. (1) A prospecting licence shall, on application, be renewed by the Minister for such period, not exceeding two years, as the licensee may re(luire, if the holder of the licence- Renewal of prospecting licence _ _J - ---- ---- -- ------- 304 No. 31 of 1995] Mines and Minerals ( a) undertakes to carry out during the renewal period an adequate programme of prospecting operations; and (b) relinquishes fifty percentum of the initial prospecting area on a first renewal, and fifty per centum of the balance on a second renewal, or such other size of area as may be agreed between the Director and the holder; and (c) is not in breach of any condition of his licence orin breach of any of the provisions of this Act or the regulations in relation thereto: Provided that the Minister shall not reject an application for renewal by virtue of this paragraph unless the applicant has been given details of his default and has failed to remedy it within such reasonable time as the Minister has allowed or, where a default is not capable of remedy, has not offered in respect thereof reasonable compensation. (2) Where the Minister considers it necessary for the completion of a feasibility study commenced by the holder into the prospects for recovery of any mineral deposit and its commercial significance, the licence may be renewed for such further period as the Minister may authorise but not eicceeding one year.

Section 15Verify source

§ 16The holder of a prospecting licenceCommencement

The holder of a prospecting licence must start prospecting within 90 days, notify the Minister within 30 days of discovering a mineral deposit of possible commercial value, and spend at least the amount required by law or the licence.

16. The holder of a prospecting licence- ( a) shall commence prospecting operations within ninety days, or such further period as the Minister may allow, after th11 date of the grant of the licence or such other date as is stated in the licence as its commencement date; (b) shall give notice to the Minister of the discovery of any mineral deposit of possible commercial value within thirty days of the discovery; and ( c) shall expend on prospecting operations not less than the amount prescribed or required by the terms and condi tions of the licence to be so expended.

Section 16Verify source

§ 17Except for the purpose of having the mineral analysedProvision

A prospecting-licence holder may not remove minerals from the prospecting area without the Director’s written permission, except for analysis, valuation, or testing purposes.

17. Except for the purpose of having the mineral analysed determining the value of the mineral or conducting tests on th� mineral, the holder of a prospecting licence shall not remove any mineral from the prospecting area without the written permission of the Director and shall, when so removing any mineral, comply with such conditions as the Director may specify i n the written permis sion. Retention Licences Obligations of holder of prospecting licence Removal of minerals Rights conferreq by retention licence

Section 17Verify source

§ 18A retention licence confers on the holder exclu�ive rights toProvision

A retention licence gives its holder exclusive rights to apply for a large-scale mining licence in the granted area.

18. A retention licence confers on the holder exclu�ive rights to apply for a large-scale mining licence within the area for which the retention licence has been granted. --------- - - --- -- ( Mines and Minerals [No. 31 of 1995 305

Section 18Verify source

§ 19(1) The holder of a prospecting licence may apply to theProvision

A holder of a prospecting licence may apply to the Minister for a retention licence if the deposit is potentially commercially significant but cannot yet be developed because of temporary market or economic conditions.

19. (1) The holder of a prospecting licence may apply to the Minister for the grant of a retention licence on the grounds that- ( a) he has identified a mineral deposit within the prospecting area which is potentially of commercial significance; and (b) the mineral deposit cannot be developed immediately by reason of adverse market conditions or other economic factors which are, or may be, of a temporary character. (2) An application for a retention licence shall be-accompanied by studies and assessments by appropriate experts or consultants acceptable to the Minister on- ( a) the extent and prospects for recovery, and the commercial signi ficancc, of the mineral deposit and the relevant market conditions and trends and economic factors; and (b) the impact of mining operations for the recovery of the mineral deposit on the environment and ways and means of eliminating or minimising any adverse effects; and such other inform at ion as the Minister may reasonably require as to the proposals of the applicant for the retention and develop ment of the deposit.

Section 19Verify source

§ 20(I) The Minister, ifhe is satisfied that commercial developProvision

The Minister may grant a retention licence if commercial development is not presently possible but may be possible within six years.

20. (I) The Minister, ifhe is satisfied that commercial develop ment of the deposit is not presently possible for the reasons specified in the application, but may be possible within a period of six years, may grant a retention licence to the applicant over that part of the prospecting area which the Minister, after consultation with the applicant, anticipates is, or might be, required to mine the deposit identified by the applicant. (2) Without limiting the power of the Minister to impose condi tions on a mining right, the conditions of the licence may include conditions fo r the preservation of the mineral deposit. (3) A retention licence may be granted for a period not exceeding three years.

Section 20Verify source

§ 21(1) If the Minister remains satisfied that commercial develProvision

A retention licence may be renewed for one three-year period if the Minister is still satisfied commercial development is not possible when the licence expires.

21. (1) If the Minister remains satisfied that commercial devel opment is not possible at the expiry of a· retention licence, the licence may, on the application of the holder, be renewed for a single period of three years. (2) Before renewing such a licence, the Minister may require the holderto provide him with such updated studies and assessments of the prospects of the development and commercial exploitation of the mineral deposit as may reasonably be required. Application for retention lic�ce Grant of retention licence Renewal of retention licence . -- ----- -··-- __ ___J ------ - - -- - ---- ---- --- - -- -- - - -- - .306 No. 31 of 1995] Mines and Minerals Cancellation of retention licence Rights conferred by large-scale mining licence Application for large scale mining licence

Section 21Verify source

§ 22If the Minister is satisfied that commercial mineral developProvision

If the Minister is satisfied that commercial mineral development has become possible for an area covered by a retention licence, the Minister may require the licence holder to apply for a large-scale mining licence and may later cancel the retention licence.

22. If the Minister is satisfied that commercial mineral develop ment of an area that is subject to a retention licence has become possible during"the currency of the licence, he may, by notice to the holder of the licence, require the holder to apply for a large-scale mining licence in respect of the area concerned and may, at any time thereafter, cancel the retention licence. Large-Scale Mining Licences

Section 22Verify source

§ 23(I) A large-scale mining licence confers . 9n the holderProvision

A large-scale mining licence gives the holder exclusive rights to mine and prospect in the mining area.

23. (I) A large-scale mining licence confers . 9n the holder exclusive rights to carry on mining and prospecting operations in the mining area, and to do all such other acts and things as are necessary for or reasonably incidental to the carrying on of those operations. (2) Without limiting the generality of subsection (1), the holder of a large-scale mining licence may himself or by his servants and agents- ( a) enter on to the mining area and take all reasonable measures on or under the surface for the purpose of mining operations; (b) erect the necessary equipment, plant and buildings for the purposes of mining, transporting, dressing or treating the mineral recovered in the course of mining opera -tions; (c) dispose of any mineral product recovered; ( d) prospect within the mining area for any mineral; and ( e) stack or dump any mineral or waste products. . \

Section 23Verify source

§ 24(1) The holderof a prospecting licence is entitled to the grantProvision

A prospecting-licence holder is entitled to a large-scale mining licence, and an applicant must apply to the Minister with the prescribed fee and required supporting documents.

24. (1) The holderof a prospecting licence is entitled to the grant of a large-scale mining licence for the mining of minerals.within the prospecting area. (2) An application fora large-scale mining licence shall be made to the Minister in the prescribed fonn and shall be accompanied by the prescribed fee. (3) Every application for a large scale mining licence shall include or be accompanied by- ( a) a statement of the period for which the licence i s sought; (b) a comprehensive statement of the mineral deposits in the area over which the licence is sought, including details of all known minerals proved, estimated or inferred, ore reserves and mining conditions; ( c) the proposed programme for mining operations, including a forecast of capital investment, the estimated recovery rate of ore and mineral products, and the proposed treatment and disposal of ore and minerals recovered; -- - - - - - - - -- - - -- - Mines and Minerals [No. 31 of 1995 307 (d) the applicant's environmental plan, including his propos als for the prevention of pollution, the treatment of wastes, the protection and reclamation ofland and water resources, and foreliminatingorminimisingthe adverse effects on the environment of mining operations; ( e) details of expected infrastructure requirements; (f) the applicant's proposals with respect to the employment and training of citizens of Zambia; ( g) particulars oflhc prospecting licence held by the applicant; ( lz) a full descri pl ion of the land within the prospecting area for which the large-scalemininglicencc is sought and a plan of the proposed mining area prepared in such manner and showing such particulars as the Minister may rea sonably require; (i) such further information as the Minister may reasonably require for tile disposal of the appli catipn. (4) The applicant shall commission and produce to the Minister an environmental impact study on the proposed mining operations, to be prepared by persons who, in the opinion of the Minister, are suitably qualified and competent to do so.

Section 24Verify source

§ 25(l) Subject to the other provisions oftllis Act, on applicationProvision

The Minister must grant a large-scale mining licence on application by a prospecting licence holder if the stated conditions are met.

25. (l) Subject to the other provisions oftllis Act, on application by the holder of a prospecting licence, the Minister shall grant a large-scale mining licence in respect of the whole or such part of the prospecting area as the applicant may require if, taking account of any relevant sti pul at ion in a development agreement- Grant of large-scale mining IiceiJ.ce ( a) it is established, or may be reasonably inferred, that there are sufficient deposits or reserves of minerals to justify their commercial exploitation; (b} the area of land over which the licence is sought is not in excess of the area reasonably required to carry out the applicant's proposed programmeforminingoperations; (c} judged by recognised standards of good mining practice, the applicant's proposed programme for mining opera tions would ensure the efficient and beneficial use of the mineral resources of the area over which U,e licence is sought; ( d) the applicant's environmental plan conforms to specifica tions and practices established by national standards for the management of the environment as it is affected by mining operations; 3419 No. 31 of 1 995] Mines and Minerals ( e) taking account of the size and nature of the proposed mining operations, the applicant's proposals for the employment and training of citizens of Zambia arc adequate; and (/) the applicant is not in breach of any condition of his prospecting licence or in breach of any of the provisions of this Act or the regulations: Provided that the Minister shall not reject an application by virtue of this paragraph unless the applicant has been given details of his default and has failed to remedy it within such reasonable time as the Minister has allowed or, where a default is not capable of remedy, has not offered in respect thereof reasonable compensa tion. (2) A large-scale mininglicence shall be granted for such period, not exceeding twenty-five years, as the applicant may require. (3) A large-scale mining licence shall- ( a) state the date of the grant of the licence, the period for which it is granted and the conditions on which it is granted; and (b) include a description and plan of the area of land over which it is granted. (4) There shall be appended to a large-scale mining licence ( a) the programme of mining operations; (bJ the applicant's environmental plan; and (c) the applicant's proposals for the employment and train ing of citizens of Zambia; as accepted by the Minister, which shall fonn part oftne conditions of the licence.

Section 25Verify source

§ 26( I ) The holder of a large-scale mining licence may, at anyProvision

A large-scale mining licence holder may apply to the Minister to renew the licence up to one year before expiry.

26. ( I ) The holder of a large-scale mining licence may, at any time not later than one year before the expiry of the licer:�e. r,ppiy to the Minister for the renewal of the licence in rcspec• \ · '',)' part of the mining area. af.:i' (2) An application for renewal shall be made to tl1,; I,. the prescribed form and shall be accompanied by the p :; .. (3) An application under this section shall include panied by- ( a) a statement of the period, not exceeding twerr for whkh the renewal is sought; Renewal of large-scale mining licence ---- --- -- Mines and Minerals ms [No. 31 of 309 (b) details of-- (i) the latest proved, estimated and inferred ore re scives; (ii) the capital investment to be made in, and produc tion costs and revenue forecasts in respect of, the period of renewal; (iii) any expected changes in methods of mining ;md treatment; (iv) any expected increase or reduction in mining activities and !he estimated life of the mine; ( c) a proposed programme of mining operations for the period of renewals; ( d) if the renewal is sought in respect of pan only of the mining area, a plan identifying that part. (4) Except as provided by subsection (5), on an application duly made under this section, a large-scale mining licence shall be renewed by the Minister for a period not exceeding twenty-five years, and the Minister may renew !he licence with or without a variation of the conditions of the licence. (5) The Minister may reject an application for renewal after taking into account of any relevant stipulation in a development agreement- (a) the developmentoftlle mining area has not proceeded with reasonable diligence; (b) minerals in workable quantities do not remain to be ' . produced; (c) the programme of intended mining operations will not ensure the proper conservations and use in the national interest oflhe mineral resources of the mining area; or ( d) the applicant is in breach ofany condition of his licence or in breach of any of the provisions of this Act or the regulations: Provided that the Minister shall not reject an application by virtue of this paragraph unless the applicant has been given details of his default and has failed 10 remedy it within such reasonable time as the Minister has allowed or, where a default is not cap�ble of �medy, has not offered in respect thereof reasonable compensa- tion.

Section 26Verify source

Part

PART IV

§ 29Rights conferred by prospecting permitProvision

This section is about the rights conferred by a prospecting permit.

29. Rights conferred by prospecting permit

Section 29Verify source

§ 32Obi igalion 10 give notice of discoveryProvision

This section refers to notice of discovery.

32. Obi igalion 10 give notice of discovery

Section 32Verify source

§ 33Removal of mineralsProvision

Section 33 concerns removal of minerals under small-scale mining licences.

33. Removal of minerals Small-Scale Mining Licences

Section 33Verify source

§ 34Rights conferred by small-scale mining licen<AProvision

This section concerns rights conferred by a small-scale mining licence.

34. Rights conferred by small-scale mining licen<A

Section 34Verify source

§ 35Application for small-scale mining licenceProvision

This section concerns applications for a small-scale mining licence.

35. Application for small-scale mining licence

Section 35Verify source

§ 37Renewal of small-scale mining licenceProvision

This section concerns renewal of a small-scale mining licence.

37. Renewal of small-scale mining licence

Section 37Verify source

§ 38Obligations of holder of small-scale mining licenceProvision

Section heading for the obligations of a holder of a small-scale mining licence.

38. Obligations of holder of small-scale mining licence

Section 38Verify source

§ 39Requirement to convert small-scale mining licence to largeProvision

This section concerns a requirement to convert a small-scale mining licence to a large-scale mining licence.

39. Requirement to convert small-scale mining licence to large scale mining licence Gemstone Licences

Section 39Verify source

§ 40Rights conforred by gemstone licenceProvision

Section 40 is titled “Rights conforred by gemstone licence.”

40. Rights conforred by gemstone licence

Section 40Verify source

§ 44Obligation 10 give notice of discoveryProvision

This provision states an obligation to give notice of discovery.

44. Obligation 10 give notice of discovery

Section 44Verify source

§ 45Rcqu i rcment to convert gemstone licence to large-scale miningProvision

This section concerns a requirement to convert a gemstone licence to a large-scale mining licence.

45. Rcqu i rcment to convert gemstone licence to large-scale mining licence PARTY VARIATION, ETC., OF LICENCES AND PERMITS

Section 45Verify source

§ 46Amendment of terms of licence or permitAmendment

This section concerns changes to the terms of a licence or permit.

46. Amendment of terms of licence or permit

Section 46Verify source

§ 49Abandonment of land subject to licence or permitProvision

Section 49 is titled “Abandonment of land subject to licence or permit.”

49. Abandonment of land subject to licence or permit

Section 49Verify source

§ 50Suspension or cancellation of licence or permitProvision

Section 50 is titled “Suspension or cancellation of licence or permit.”

50. -Suspension or cancellation of licence or permit

Section 50Verify source

§ 51Termination of small-scale mining licence for insufficientProvision

This section concerns termination of a small-scale mining licence for insufficient production.

51. Termination of small-scale mining licence for insufficient production '; r ,. Mines and Minerals [No. 31 of 1995 293

Section 51Verify source

§ 52Termination of gemstone licence for insufficient productionProvision

Section 52 concerns termination of a gemstone licence for insufficient production.

52. Termination of gemstone licence for insufficient production

Section 52Verify source

§ 53Transitional extension oflicences or permits pending certainProvision

This section concerns the transitional extension of licences or permits while certain applications are pending.

53. Transitional extension oflicences or permits pending certain applications

Section 53Verify source

§ 55Transfer of control of companyProvision

Section 55 is titled “Transfer of control of company.”

55. Transfer of control of company PART VI MINI:-.G RIG!ITS AND SURFACE RIGIITS

Section 55Verify source

§ 29A prospecting permit confers on the holder exclusive rightsProvision

A prospecting permit gives the holder exclusive rights to conduct prospecting in the permit area for the minerals named in the licence, except gemstones.

29. A prospecting permit confers on the holder exclusive rights to carry on prospecting operations in the prospecting area for the minerals (not being gemstones) specified in the licence, and to do all such bthcr acts and things as are necessary for or reasonably incidental to the carrying on of those operations.

Section 29Verify source

§ 30(I) An application for a prospecting penniLProvision

A prospecting permit application must be made to the Director, in the prescribed form, with the prescribed fee, and it must include specified information about minerals, land, spending, and any prior mining rights.

30. (I) An application for a prospecting penniL ( a) shall be made to the Director; and (h) shall be in the prescribed form and shall be accompanied by the prescribed fee. (2) The application shall include- ' L .. .. Mines and Minerals [No. 31 of 1995 311 (a) a statement of the minerals, other than gemstones, for which the applicant wishes to prospect; (b) a description and sketch of the area of land for which the permit is sought, sufficient to enable identification of the area and to provide a plan to be annexed to the permit; (c) a statement of the sum the applicant intends to expend on his prospecting operations; and (d) a description of any mining right which has previously been granted to the applicant or for which he has previ ously made an application.

Section 30Verify source

§ 31(!) The Director shall, within thirty days of receipt of anProvision

The Director must grant a prospecting permit within 30 days of a duly made application, unless stated exceptions apply.

31. (!) The Director shall, within thirty days of receipt of an application duly made, grant a prospecting permit to the applicant, unless- (a) he is disqualified under section seven from holding the Grant of prospecting permit ( permit; (b) the area over which he seeks a prospecting permit is already subject to a mining right; or ( c} the applicant is or was in breach of any condition of any other mining right or in breach of any of the provisions of this Act or the regulations: Provided that the Di rector shall not reject an application by virtue of this paragraph unless the applicant has been given details of his default and has failed to remedy it within such reasonable time as the Director has allowed or, where a default is not capable of remedy, has not offered in respect thereof reasonable compensa tion. (2) A prospecting permit shall- ( a) state the date of the grant of the permit, the period for which it is granted and the conditions on which it is granted; (b) specify the minerals in respect of whicl1 it is granted; and (c) include a description and plan of the prospecting area. (3) There sh all be appended to a prospecting permit the programme of prospecting operations, ·as accepted by the Director, which shall form part of the conditioos of the licence. (4) The area of a prospecting permit shall not exceed ten square kilometres. (5) A prospecting permit shall not be granted for period exceed ing two years. and shall not be renewed.

Section 31Verify source

§ 32The holt1cr of prospecting permit shall give notice to theProvision

The holder of a prospecting permit must notify the local office when a mineral deposit of possible commercial value is discovered.

32. The holt1cr of prospecting permit shall give notice to the local office. of the discovery of any mineral deposit of possible commercial value within thirty days of the discovery. Obligations to give notice of discovczy l. I Jl? No. 31 of 1�5] Mines and Minerals Removal of minerals Rights conferred by small-scale mining licence

Section 32Verify source

§ 33Except for the purpose of having the mineral analysed,Provision

A holder of a prospecting permit may not remove minerals from the prospecting area unless the authorised officer at the local office gives written permission, and any removal must follow conditions stated in that permission.

33. Except for the purpose of having the mineral analysed, determining the value of the mineral or conducting tests on the mineral, the holder of a prospecting permit shall not remove any mineral from the prospecting area without the written permission of the authorised ofliceratthelocal office and shall, when so removing any mineral, comply with such conditions as that officer may specify in the written permission. Small-Scale Mining Licences

Section 33Verify source

§ 34(I) A small-scale mining licence confers on the holderProvision

A small-scale mining licence gives the holder the exclusive right to mine in the mining area for minerals other than gemstones, and allows several related activities.

34. (I) A small-scale mining licence confers on the holder exclusive right� to carry on mining operations in the mining area for m inerals other than gemstones, and to do all such other acts and things as arc necessary for or reasonably incidental to the carrying on of those operations. (2) Without limiting the generality of subsection (!), the holder of a small-scale mi".ing licence may himself or by his servants and agents- ( a) enter into or upon the mining area and take all reasonable measures on or under the surface for the purpose of mining operations; (b) erect the necessary equipment, plant and buildings for the purposes of mining, transporting, dressing or treating the mineral recovered by him in the course of the mining operations; ( c) dispose of any mineral products recovered; ( d) prospect within the mining area for any mineral; artd ( e) stack or dump any mineral or waste product. Application for small scale mining licence

Section 34Verify source

§ 35(1) The holder of a prospecting permit may, at any timeProvision

A prospecting permit holder may apply to the Director for a small-scale mining licence during the permit’s currency.

35. (1) The holder of a prospecting permit may, at any time during the currency of his permit, apply to the Director for a small scale mining licer,<-e over any part of the prospecting area. (2) An application for a small-scale mining licence shall be in the prescribed form and shall be accompanied by the the prescribed fee. (3) Every application under this section shall- ( a) describe the area, not exceeding four hundred hectares, over which a small-scale mining licence is sought, with a sketch plan in sufficient detail to enable identification of.the area; (b) identify the relevant prospecting permit; ( c) describe to the best of the applicant's knowledge and belief the mineral deposits in the area over which the licence is sought; Mines and Minerals [No. 31 or 1995 313 (d) describe the proposed programme of mining operations, which shall include a forecast of investment, the esti mated recovery rate of ore and the applicant's proposals for its treatment and disposal; ( e) state the duration, not exceeding ten years, for which the small-scale mining licence is sought; and (f) include such funher information as the Director may reasonably require for disposing of the application.

Section 35Verify source

§ 36(1) The Director shall, within thiny days of receipt of anProvision

The Director must grant a small-scale mining licence within 30 days after receiving a duly made application, unless one of the listed exceptions applies.

36. (1) The Director shall, within thiny days of receipt of an appiication duly made, grant a small-scale mining licence to the applicant, unless-- Grant of small-scale mining ljcence ( a) the applicant has, under section thirty-nine, been required to apply for a large-scale mining licence; (b) the applicant is disqualified under section seven, or the area over which he seeks a small-scale mining licence is already subject to a mining right; ( c) the area in respect of which a small-scale mining licence is sought is in excess of the area required to mine the deposits identified by the applicant; ( d) the area of land for which application has been made covers or includes an area ofland for which application has been made by another person who has priority over the applicant; or (e) the applicant is or was in breach of any condition of any other mining right or in breach of any of the provisions of this Act or the regulations: Provided that the Director shall not r eject an application by vinue of this paragraph unless the applicant has been given details of his default and has failed to remedy it within such reasonable time as the Director has allowed or, where a defal!lt is not capable of remedy, has not offered in respect thereof reasonable compensa tion. (2) A small-scale mining licence shall- (a) state the date of the grant of the licence, the period for which it is granted and the conditions on which it is granted; and (b) include a description and plan of the area of land over which it is granted. (3) There shall be appended to a small-scale mining licence the programme of rn ining operations, as accepted by the Director, which shall form pan of the conditions of the licence. ,- _J 314 No. 31 of 199S) Mines and Minerals Renewal of small-scale mining licence

Section 36Verify source

§ 37(I) The holder of a small-scale mining licence may apply toProvision

A small-scale mining licence holder may apply for renewal, and the Director must renew it unless specified grounds for refusal apply.

37. (I) The holder of a small-scale mining licence may apply to the Director for a renewal of the licence. (2) An application for renewal shall be in the prescribed form and shall be accompanied by the prescribed fee. (3) On an application made· under this section, the Director shall renew the small-scale mining licence for the period specified in the application, not exceeding ten years, unless- ( a) the development of the mining area has not proceeded with reasonable diligence; or (b) minerals in workable quantities do not remain to be produced; or ( c) the applicant is in breach of any condition of his licence or in breach of any of the provisions of this Act or the regulations: Provided that the Director shall not reject an application by virtue of this paragraph unless the applicant has been given details of his default and has failed to remedy it within such reasonable time as the Director has allowed or, where a default is not capable of remedy, has not offered in respect thereof reason able compensation. Obligations of holder of small-scale mining Jicence Requirement to convert small-scale mining licence to large-scale mining licence

Section 37Verify source

§ 38The holder of a small-scale mining licence shall-·Commencement

The holder of a small-scale mining licence must develop and operate the mining area with due diligence, follow the mining programme, and demarcate and keep the area demarcated in the prescribed manner.

38. The holder of a small-scale mining licence shall-· (a) develop the mining area, and commence and carry-on minmg operations, with due diligence and in accordance with U1e programme of mining operations; and (b) demarcate the mining area, and keep it demarcated, in the prescribed manner.

Section 38Verify source

§ 39The Minister may requireProvision

The Minister may require certain small-scale mining licence applicants or holders to apply for a large-scale mining licence.

39. The Minister may require- (a) any applicant for a small-scale mining licence; or (b) the holder of a small-scale mining licence, if the Minister considers on reasonable grounds that the holder is en gaged in mining operations on a substantial scale; to apply for a large-scale mining licence, and, in any such case, the provisions orthis Act shall apply, with any necessary modifications, to the applicant as if he were the holder of the prospecting licence who applies for a large-scale mining licence. Rights conferred by gemstone licence Gemstone Licences

Section 39Verify source

§ 40A gemstone licence confers on the holder the same exclusiveProvision

A gemstone licence gives its holder the same exclusive rights as a prospecting permit and a small-scale mining licence, but only for gemstones.

40. A gemstone licence confers on the holder the same exclusive rights as a prospecting permit and a small-scale mining licence, but only in rclaiion to gemstones. - - ----- - ·· · ------- - -- -- -- -- Mines and Minerals [No. 31 of 1995 315

Section 40Verify source

§ 41(1) An application for a gemstone licence shall be in theProvision

A gemstone licence application must be in the prescribed form and include the prescribed fee and specified supporting information.

41. (1) An application for a gemstone licence shall be in the prescribed form and shall accompanied by the prescribed fee, and shall include or be accompanied by- Application for gemstone licence ( a) a description and sketch of the area of land for which the licence is sought, in sufficient detail to enable officers at local oflice 10 identify the area and to provide a plan to be annexed lo the licence; and (b) a statement, 10 the best of the applicant's knowledge and belief, of the gemstone deposits in the area over which the licence is sought; (c) the.proposed programme for mining operations, including a forecast of investment and the estimated recovery rate of ore and gemstones; and (d) such funher information as the Director may reasonably require for disposing of the application.

Section 41Verify source

§ 42(1) The Director shall, within thiny days of receipt of anAmendment

The Director must grant a gemstone licence within 30 days of a duly made application unless a stated disqualification or exception applies.

42. (1) The Director shall, within thiny days of receipt of an application duly made, grant a gemstone licence to the applicant, unless- Grant of gemstone licence ( a) the Di rector has, under section forty-five, required the applicant to apply for a large-scale mining licence; (b) the applicant is disqualified under section seven or the area over which he seeks a small-scale mining licence is already subject to a mining right; ( c) the area of land for which application has been made covers or includes an area of land for which application has been made by another person who has priority over the applicant; or ( d) the applicant is or was in breach of any condition of any other mining: right or in breach of any of the provisions of this Act or the regulations: Provided that the Director shall not reject an application by vinue of this paragraph unless the applicant has been given details of his default and has failed to remedy it within such reasonable time as the Di rector has allowed or, where a default is not capable of remedy, has not offered i_n respect thereof reason able compensation. (2) A gemstone licence shall be in such form as may be pre scribed, and shall have annexed thereto a plan of the mining area. (3) A gemstone lice!]cc may be grantee! over an area not exceed ing four hundred hectares and for such period, not exceeding ten years, as the applicant may require. . . 316 No: 31 of 1995] Mines and Minerals Renewal of gemstone licence Obligation to give notice of discovery Requirement to convert gemstone licence to large-scale mining licence Amendment of terms of licence or permit

Section 42Verify source

§ 43(I) The holder of a gemstone licence may apply to theProvision

A gemstone licence holder may apply to the Director for renewal, and the application must be in the prescribed form with the prescribed fee.

43. (I) The holder of a gemstone licence may apply to the Director for a renewal of his licence. (2) An application for renewal shall be in the prescribed form and shall be accompanied by the prescribed fee. (3) On an application made under this section, the Director shall renew the licence for such period, not exceeding ten years, as the applicant may require, unless- ( a) the development of the mining area has not proceeded with reasonable diligence; (b) minerals in workable quantities do not remain to be produced; or ( c) the applicant is in breach of any condition of his licence or in breach of any of the provisions of this Act or the regulations: Provided that the Director shall not reject an application by virtue of this paragraph unless the applicant has been given details of his default and has failed to remedy it within such reasonable time as the Director has allowed or, where a default is not capable of remedy, has not offered in respect thereof reason able compensation.

Section 43Verify source

§ 44The ·holder of a gemstone licence shall give notice to theProvision

A gemstone licence holder must notify the Director when they discover a mineral deposit that may have commercial value, and must do so within 30 days.

44. The ·holder of a gemstone licence shall give notice to the Director of the discovery of any mineral deposit of possible com mercial value within thirty days of the discovery.

Section 44Verify source

§ 45The Minister may requireProvision

The Minister may require certain gemstone-licence applicants, or some long-term gemstone-licence holders, to apply for a large-scale mining licence.

45. The Minister may require-- ( a) any applicant for a gemstone licence; or (b) a person who has held a gems lone licence for a period of five years, if the Minister considers on reasonable grounds that the holder is engaged in mining operations on a substantial scale; to apply for a large-scale mining licence, and, in any such case, the provisions of this Act shall apply, with any necessary modifica tions, to the applicant as if he were the holder of a prospecting licence who applies for a large-scale mining licence. PART V VARIATION, ETC. OF LICENCES AND PERMITS

Section 45Verify source

Part

PART VI

§ 56Restriction of rights of entry by holder of licence or permitProvision

Section 56 is titled “Restriction of rights of entry by holder of licence or permit.”

56. Restriction of rights of entry by holder of licence or permit

Section 56Verify source

§ 57Rights under licence or permit to be exercised reasonablyProvision

Rights under a licence or permit must be exercised reasonably.

57. Rights under licence or permit to be exercised reasonably

Section 57Verify source

§ 59Acquisition by-holder of licence or permit of rightsProvision

Section title only: acquisition by the holder of a licence or permit of rights.

59. Acquisition by-holder of licence or permit of rights

Section 59Verify source

§ 61Compensation for disturbance of rights, etcProvision

Section title only: compensation for disturbance of rights, etc.

61. Compensation for disturbance of rights, etc. er land PART VII ART!SANAL MINING

Section 61Verify source

§ 56(I) The holder of a licence or pennit shall not exercise any ofProvision

A licence or permit holder must not use rights under the Act or the licence/permit on listed kinds of land without the required written consent or compliance.

56. (I) The holder of a licence or pennit shall not exercise any of his rights under this Act or the licence or pennit- ( a) without the written consent of the appropriate authority, upon- (i) any land dedicated as a place of burial; (ii) any land containing any ancient monument or national monument, as defined in the National Heritage Conservation Commission Act; (iii) any land which is the site of is within ninety metres of any building or dam owned by the Republic; or (iv) any land fonning part of a Government-aero drome as defined in the Air Navigation Regula tions made under the Aviation Act; (b) without the written consent of the owner or legal oecupier thereof or his duly authorised agent- Cap. 312 (i) upon any land which is the site of or which is within one hundred and eighty metres of any inhabited, occupied or temporarily uninhabited house or building; (ii) within forty-five metres of any land which has been cleared or ploughed or otherwise prepared in good faith for growing offann crops or upon which fann crops are growing; (iii) upon any land which is the site of or is within ninety metres of any cattle dip, tank, dam or any private water as defined in the Water Act; or (iv) upon any land fonning part of an aerodrome, other than an aerodrome referred to in sub paragraph (iv) of paragraph (a): Provided that where any consent required under this subsection is unreasonably withheld, the Direc tor may arrange for arbitration of the matter in accordance with section sixty; (c) upon land occupied as a villag\}, without the written consent of the chief and the local authority for the district in which the village is situated; ---·- -- - -- - - --- -- - - � - - - - - - -- - - - - - - -- -- - - - --- --- - Mines and Minerals [No. 31 of 1995 323 (d) without the wriuen consent of the railway administration, upon any land reseIVed for the purposes of any railway track or within one hundred metres of any railway track; ( e) without the written consent of the appropriate authority or the local authority concerned, upon any land within, or within sixty metres of the boundaries of, any city, municipality or township for which a council is estab lished under the provisions of ihe Local Government Act; (f) without- (i) the wrillen consent of the appropriate authority, upon any land used as a forest nursery or plan tation or as a timber depot, sawmill or other installation for working a forest; and (ii) due compliance with the relevant provisions of the Forests Act, upon any land. declared to be a national forest or local forest, as defined in that Act; Act No. 22 of l991 Cap. 3 1 1 (g) upon any street, road or highway, without the written consent of the appropriate authority or the public body which has the control thereof; (h) upon any land comprised in a National Park without complying with the National Parks and Wildlife Act; Act No. 10 of 1991 Cap. 475 (i) upon any land that, under the Town and Country Planning Act, cannot be developed without permission, unless the requisite permission is first obtained. (2) Any consent giv�n for the purposes of this section by the Directororthe approprfate authority may be given unconditionally or subject to such conditions as are specified in the terms of the written consent. (3) In this section, " the appropriate authority ", in relation to any matter, means the Minister for the time being having responsibility for that matter or such public officer as he may authorise to give the requisite consent on his behalf.

Section 56Verify source

§ 57Subject to the terms of any access agreement, the rightsProvision

Rights under a licence or permit must be exercised reasonably and not injure affected landowners or occupiers, and nearby landowners or occupiers may graze or cultivate land subject to limits; buildings need the licence-holder’s consent, which the Director may override if unreasonably withheld.

57. Subject to the terms of any access agreement, the rights conferred by a licence or permit shall be exercised reasonably and, except to the minimum extent necessary for the reasonable and proper conduct of the operations concerned, shall not be exercised so as to affectinjuriouslythe interest of any owneroroccupierofthe land over which those rights extend. Rights under licence br permit to be exercised resonably 324 No. 31 of 1995] Mines and Minerals Right to graze Stock Acquisition of by holder of licence or permit or rights over land Arbitration of disputes Cap. 180 Compensa tion for disturbance of rights, etc. . 58. Subject to the tenns of any access agreement, the owner or occupier of any land within l11e area of a licence or permit shall retain the right to graze stock upon or to cultivate 111e surface or the land in so far as such grazing or cultivation does not interfere witl: the proper working in the area for mining, prospecting or oilier operations to be carried on under the licence or permit, but shall not erect any building or structure thereon without 111e consent of 111e holder of the licence or permit: Provided that where such consent is unreasonably withheld, the Director may grant it.

Section 57Verify source

§ 59The holder of any licence or permit who requires 111eProvision

A licence or permit holder may acquire a lease or other right to use the needed prospecting or mining area, but cannot do so for certain listed land unless the required consents are obtained.

59. The holder of any licence or permit who requires 111e exclusive orother use of the whole or any portion of 111e prospecting or mining area for 111e purpose of his licence or permit may, in accordance w_ith 111e laws relating to such acquisition, acquire a lease thereof or other right to use 111e same upon such terms as may be agreed between such holder and the owner or occupier of the land: Provided 111at 111e holder of a licence or permit shall not purchase or obtain a lease of or other rights over any land specified in paragraph (a), or in any of paragraphs (c) to (h), of subsection (1)· of section fifty-six, except with 111e consents of 111e appropriate · authorities mentioned in that section.

Section 59Verify source

§ 60Where there is any dispute as toProvision

If there is a dispute about certain section 56 issues or another prescribed matter, a party may apply to the Director, who may require submission to arbitration or, if both parties agree, decide the dispute himself.

60. Where there is any dispute as to-- ( a) whether or not paragraph (b) of subsection (1) of section fifty-six applies in respect of any land, orl11e withholding of any consent under 111at subsection; (h) the withholding of any consent under section fifty-six; or (c) any other matter arising under 111is Part 111at is prescribed by the Minister by statutory instrument; any part to the dispute may apply to 111e Director, who may require 111e panics to enter into a submission wil11in the meaning of th� Arbitration Act or, by consent of both parties, determine 111e dispute himself: Provided that 111is,subsection shall have effect subject to 111e. terms of any access agreement.

Section 60Verify source

§ 61Whenever in the course of prospecting or mining operaProvision

If prospecting or mining causes damage or disturbs land rights, the mining right holder must pay fair and reasonable compensation, subject to stated exceptions.

61. Whenever in the course of prospecting or mining opera tions any disturbance of l11e rights of the owner or occupier of land or damage to any crops, trees, buildings, stock or works 111ereon is caused, the owner of l11e mining right by virtue of which such operations are or were carried out shall be liable to pay to such i ! - �--•----·-- ., Mines and Minerals [No. 31 of 1995 325 owner or occupier fair and reasonable compensation for such disturbance or damage according to their respective rights or interests, if any, in the property concerned: Provided that- ( a) compensation shall not be payable under this section in respect of any indigenous wood or timber taken-- (i) upon land that has been declared a local forest or a national forest under the provisions of the Forests Act, upon payment of the fees pre scribed under that Act; or (ii) upon other land that has not been alienated_ by the President in accordance with the Lands (Con- Cap. 289 version of Titles) Act; and (b) where the value of any land has been enhanced by the fact that prospecting or mining operations are taking place or have taken pl ace on the land ornearby, the amount of any compensation payable under this section in relation to that land shall not exceed the amount that would have been payable if such value had not been so enhanced. PART VII ARTISANAL MINING

Section 61Verify source

Part

PART VII

§ 62Rights conferred by artisan's mining rightProvision

This section is titled “Rights conferred by artisan's mining right,” but no operative rule text is included here.

62. Rights conferred by artisan's mining right

Section 62Verify source

§ 63Application for artisan's mining rightProvision

This section concerns applications for an artisan's mining right.

63. Application for artisan's mining right

Section 63Verify source

§ 65Rights to building materialsProvision

Section 65 is titled “Rights to building materials.”

65. Rights to building materials PART VIII ROYALTIES AND CHARGb.. Royalties

Section 65Verify source

§ 62An artisan's mining right shall confer on the person toProvision

An artisan's mining right gives the grantee exclusive rights to mine the specified mineral in the permitted area, according to the permit’s terms.

62. An artisan's mining right shall confer on the person to whom it is granted, or in the case of a right granted in accordance with subsection (2) of section sixty-four, on the community con cerned, exclusive rights to mine according to its terms in respect of the mineral specified in the permit within the area for which it is granted.

Section 62Verify source

§ 63(I) Any citizen of Zambia who has identified a mineralProvision

A citizen of Zambia who has identified a mineral deposit may apply to the authorised officer at the local office for an artisan's mining right.

63. (I) Any citizen of Zambia who has identified a mineral deposit may apply to the authorised officer at the local office for an artisan's mining right. (2) An application for an artisan's mining right shall be in the prescribed form and shall be accompanied by the prescribed fee.

Section 63Verify source

§ 64(I) Subject to this section, the authorised officer at the localRepeal

The local authorised officer must grant an artisan’s mining right within 30 days of a duly made application, unless the applicant is disqualified or convicted under the Act or related laws.

64. (I) Subject to this section, the authorised officer at the local office shall, within thirty days of receipt of an application duly made, grant an artisan's mining right to the applicant, to explore and mine the deposit referred to in the application. (�) Where the authorised officer is satisfied that, in the particular area concerned, mining operations are being carried on a commu nity basis in accordance with customary practices, he shall authorise such operations by the grant of an artisan's mining right to a chief or such other person as.the Minister may, by �tatutciry instrument, · prescribe. Rights conferred by artisan's mining right Application for artisan's mining right Grant of artisan's mining right ( -- � - ---- - ----- -- - --- -- -- - -- - -� 326 No. 31 of 1995] Mines and Minerals (3) The authorised officer shall not grant an artisan's mining right, and may suspend or cancei' a right granted, to any1person disqualified by section seven or who he is satisfied· has been convicted of an offence against this Act, the regulations or any written law repealed by this Act. {4) An artisan's mining right shall remain in force for a period of two years, and shall not be renewed: Provided that nothing in this subsection shall prevent the grant of a further right on the expiry of any current right. (5) An artisan's mining right shall identify the minerals in respect of which it is granted and shall be granted over an area not exceeding five hectares, not being an area that is already subject to a mining right, which shall be delineated on a plan attached to the right.

Section 64Verify source

§ 65(I) Except as otherwise provided by statutory instrumentProvision

Section 65 allows certain people to take specified building materials from land in defined cases, subject to permit, consent, use-on-land, and public-purpose conditions, unless a statutory instrument provides otherwise.

65. (I) Except as otherwise provided by statutory instrument made under this Act, nothing in this Act shall operate to prevent- ( a) the taking, by the owner or occupier of any land thalis not subject to a mining right, of limestone or other building materials ordinarily used for building, road making or agricultural purposes, from the land, where- (i) the materials so taken are for use on the land concerned; and (ii) such owner or occupier is the holder of a permit from the Director authorising such taking; (b) the taking, by the holder of a mining right in respect of any land, of such materials from the land for use on the land; (c) the taking, by the owner or occupier of any land that is subject to a mining right, of such materials from the land with the consent of the holder of the mining right and for use on the land; or (d) the taking by the Republic, any local authority, a highway authority, or any person duly authorised by any such authority and acting under the Roads and Road Traffic Act, of such materials for public purposes. (2) The provisions of this section shall not affect any requirement of this or any other Act to obtain any requisite consent from any owner or occupier of land or any public authority or other person. PART VIII ROYALTIES AND CHARGES Royalties

Section 65Verify source

Part

PART VIII

§ 66Royalties on production of large-scale mining licenceProvision

This section is titled “Royalties on production of large-scale mining licence.”

66. Royalties on production of large-scale mining licence

Section 66Verify source

§ 67Remission and deferment of royaltiesProvision

This section is titled “Remission and deferment of royalties.”

67. Remission and deferment of royalties

Section 67Verify source

§ 69Prohibition on disposal of mineralsProvision

This section states a prohibition on the disposal of minerals.

69. Prohibition on disposal of minerals Other Charges

Section 69Verify source

§ 70Annual charge in respect of licences under Part IIIProvision

Section 70 is titled “Annual charge in respect of licences under Part III.”

70. Annual charge in respect of licences under Part III

Section 70Verify source

§ 72Rent for small-scale mining licencesProvision

This provision concerns rent for small-scale mining licences.

72. Rent for small-scale mining licences

Section 72Verify source

§ 73Rent and deemed turnover in respect of gemstone licenceProvision

Section 73 concerns rent and deemed turnover for a gemstone licence.

73. Rent and deemed turnover in respect of gemstone licence

Section 73Verify source

§ 74Charge for artisan's mining rightProvision

This section is about a charge for an artisan's mining right.

74. Charge for artisan's mining right PART IX El\"VlRONMENTAL PROTECTION

Section 74Verify source

§ 66(I) The holder of a large-scale mining licence shall, inProvision

A large-scale mining licence holder must pay the Republic a 3% royalty on the net back value of minerals produced under the licence.

66. (I) The holder of a large-scale mining licence shall, in acC9rdance with his licence, this Act and the terms of any relevant development agreement, pay to the Republic a royalty on the net back value of minerals produced under his licence atthe rateofthree per cent um. , Rights to building materials Cap. 766 Royalties on production of large scale mining licence ! I I I I I Mines and Minerals [No. 31 of 1995 327 (2) In this section- " net back value " means the market value of minerals free-on board at the point of export from Zambia or, in the case of consumption within Zambia, at the point of delivery within Zambia, less- ( a) the cost of transport, including insurance and han dling charges, from the mining area to the point of export or delivery; and (b) the cost of smelting and refining or other processing costs, except such other processing costs as relate to processing normally carried out in Zambia in the mining area; " marker value " means the realised price for a sale free-on board al the point of export from Zambia or point of delivery within Zambia: Provided that if the Minister considers that the realised price does not correspond to the price that would have been paid for the minerals if they had been sold on similar terms in a transaction at arms length between a willing seller and a willing buyer, he mq give notice to that effect to the licensee; whereupon the amount of the market value shall be settled by agreement between the Minister and the licensee or, in default of agreement, by an independent expert appointed jointly by the Minister and the licensee.

Section 66Verify source

§ 67(!) The Minister may, after consultation with the MinisterCommencement

The Minister may remit, exempt, or defer royalties in specified cases.

67. (!) The Minister may, after consultation with the Minister responsible for finance, remit in whole or part any royalty payable on any mineral, or on any mineral obtained from a particular deposit, for such period as he may determine, if he considers it expedient in the interesL� of the production of the mineral to do so. (2) The Minister may exempt from liability to royalty samples of minerals acquired for purposes of assay, analysis or other examina tion. (3) The Minister may, on application by the holder of a large scalemining licence, deferpayment of royalty due from such holder if, during any period for which a payment of royalty is due as prescribed·under this Act (in this section referred to as " the royalty payment period "), the cash operating margin of the holder in respect of mining operations in the mining area falls below zero; and in any such case, the amount payable on account of royalty in respect of that period shall be reduced to such an extent as is necessary to increase the cash operating margin to zero, and payment of the difference between the royalty due in respect oftliat period and the reduced amount shall be deferred. Remission and deferment of royalties 328 No. 31 of 1995] Mine-s and Minerals ( 4) Where the payment of any royalty is deferred- ( a) it shall be accumulated with any other deferred payment of royalty which is outstanding; (b) the amount outstanding shall become payable when royalty is due in respect of the next following royalty payment period or periods in which, after the deduction of the royalty then due, the cash operating margin is positive; and (c) the sum payable on any particular occasion under para graph (b) shall not exceed that which would reduce the cash operating margin for the relevant royalty payment period below zero. (5) In this section- " cash operating margin " means the amount derived by deducting operating costs from revenue; " operating costs " means cash expenditures incurred in mining operations after the commencement of production from the mining area, other than- (i) capital expenditure or any expenditure of a capital nature; (ii) provision for depreciation; (iii) financing charges, including interest on loans and fees and related charges in respect thereof; or (iv) agency fees or any other fees or charges not directly or necessarily related to the production and dis posal of minerals from the mining area; " revenue " means the gross value of all sales or other disposal of minerals. Provisional assessment of royalty

Section 67Verify source

§ 68(1) Where, for any reason, it is impractical to assess theProvision

If it is impractical to assess a royalty due, the Minister may assess a provisional royalty, and the licence holder must pay it.

68. (1) Where, for any reason, it is impractical to assess the amount of any royalty due, the Minister may assess, and the holder of the licence shall be liable to pay, a provisional royalty. (2) Where provisional royalty is assessed under this section, and the amount of the royalty is ascertained at the end of any period of adjustment prescribed under this Act, the holder of the licence shall be liable for any balance or, as the case may require, shall be repaid any excess sum paid by him on such provisional assessment.

Section 68Verify source

§ 69(I) If the holder of a large-scale mining licence fails to payOffence

69. (I) If the holder of a large-scale mining licence fails to pay any royalty or provisional royalty payable by him on or before the due date or any extention thereof allowed by the Minister, the Prohibition on disposal of minerals - ---------:-- -- -- ------- -- - -- - - --- - ------- -----------� ---- -- - -- · - -- - - - -- - - - - -- - Mines and Minerals [No. 31 of 1995 329 Minister may, by order served on the holder, prohibit the disposal of any mineral from the mining area concerned, or from any other mining area held by that holder, until an arrangement has been made that is acceptable to the Minister for the payment of the royalties. (2) Any holder of a large-scale mining licence who contravenes or fails to comply with an order given under subsection (]), and any person who, knowing of such order and contrary thereto, receives any mineral from the area concerned, shall be guilty of an offence and shall be liable on conviction- ( a) in the case of an individual, to a fine not exceeding twenty thousand penalty units or imprisonment for a term not exceeding two years, or to both; or ( b) in the case of a body corporate, to a fine not exceeding fifty thousand penalty units. Other Charges

Section 69Verify source

§ 70(1) There shall be payable to the Republic by the holder ofProvision

Holders of certain mining licences must pay an annual fee set or calculated by the Minister, starting on grant of the licence and then every year until the licence ends.

70. (1) There shall be payable to the Republic by the holder of every prospecting licence, retention licence or large-scale mining licence an annual fee of such amount as may be prescribed, or as may be calculated in the maru1er prescribed, by the Minister by statutory instrument. Annual charge in respect of licences under Part III (2) The annual charge shall be payable on the grant of the licence and thereafter annually on the anniversary thereof until the termi nation of the licence.

Section 70Verify source

§ 71There shall be payable to the Republic by the holder ofProvision

A holder of a prospecting permit must pay a charge to the Republic, calculated at a rate per hectare of the prospecting area set by the Minister by statutory instrument.

71. There shall be payable to the Republic by the holder of prospecting permit a charge, at such rate per hectare of the prospect ing area as may be prescribed by the Minister by statutory instrument. Charge for prospecting permit Rent for small-scale mining licences

Section 71Verify source

§ 72The amount of the annual rent for a small-scale miningProvision

A small-scale mining licence holder must pay annual rent, generally 5% of realised proceeds, with a different prescribed method for building materials mining.

72. The amount of the annual rent for a small-scale mining licence shall be as follows: ( a) where the holder is mining building materials, rent calcu-. lated by reference to tonnages mined shall be paid as prescribed, orin the manner prescribed, by the Minister by statutory instrumem; (b) in any other case, rent shall be paid annually in an amount equal to five per centum of the realised proceeds of the minerals mined in the mining area and sold or otherwise uispuscu ufby lh� hulu�r: Provided that if the Director has reasonable grounds to believe that the proceeds alleged to be realised by the holder do not represent the true market value of the minerals sold orotherwise disposed ofhe 330 No. 31 of 1995] Mines and Minerals may, for the purpose of ascertaining the amount of rent due, require, by order under his hand, that the minerals be valued by such reasonable method as he may specify in that order. Rent and deemed turnover in respect of gemstone licence Charge for artisan's mining right

Section 72Verify source

§ 73(1) The amount of the annual rent and the deemed turnoverAmendment

The annual rent and deemed turnover for a gemstone licence are set by the First Schedule, and the Minister may amend or replace that Schedule by statutory instrument.

73. (1) The amount of the annual rent and the deemed turnover for a gemstone licence shall be as set forth in the First Schedule. (2) The Minister may, by statutory instrument, from time to time amend or replace the First Schedule.

Section 73Verify source

§ 74There shall be payable to the Republic by the holder of anProvision

A holder of an artisan’s mining right must pay a prescribed charge to the Republic when the right is granted.

74. There shall be payable to the Republic by the holder of an artisan's mining right such charge as may be prescribed, or as may be calculated in the manner prescribed, by the Minister by statutory instrument, and such charge shall be payable on the grant of the right. Environment to be considered ·when granting mining rights Conditions for the protection of the environ ment PART IX ENVIRO�:-IB1'"!' AL PROlECTION

Section 74Verify source

Part

PART IX

§ 75Environment to be considered when granting mining rightsProvision

Section 75 concerns the environment to be considered when granting mining rights.

75. Environment to be considered when granting mining rights

Section 75Verify source

§ 76Conditions for the protection of the environmentProvision

This section is titled “Conditions for the protection of the environment.”

76. Conditions for the protection of the environment

Section 76Verify source

§ 77Direction to comply with conditions of mining rightsProvision

Section 77 is titled “Direction to comply with conditions of mining rights.”

77. Direction to comply with conditions of mining rights I I !- ---------------- - ' \ '\ 294. No. 31 of 1995] ., ;. . Mines and Minerals

Section 77Verify source

§ 78Rehabilitation by Director of Mine Safety at holder's expenseProvision

This section concerns rehabilitation by the Director of Mine Safety at the holder's expense.

78. Rehabilitation by Director of Mine Safety at holder's expense

Section 78Verify source

§ 82Environmental Protection FundProvision

This provision is titled “Environmental Protection Fund” and appears under Part X, Administration.

82. Environmental Protection Fund PARTX ADMINISTRATION

Section 82Verify source

§ 83Appointment.of Director and other officersProvision

Section heading for appointment of a director and other officers.

83. Appointment.of Director and other officers

Section 83Verify source

§ 84Execution and delegation of powers and functions of DirectorProvision

This section concerns execution and delegation of the Director’s powers and functions.

84. Execution and delegation of powers and functions of Director ,. and other omcers

Section 84Verify source

§ 87Geological survey, mapping ano prospecting on behalf of theProvision

Section title referring to geological survey, mapping, and prospecting on behalf of the Republic.

87. Geological survey, mapping ano prospecting on behalf of the , Republic 1

Section 87Verify source

§ 75In deciding whether or not to grant any mining right, th<Provision

When deciding whether to grant a mining right, the Minister must consider conservation and protection of listed environmental and cultural interests and may order studies needed for that decision.

75. In deciding whether or not to grant any mining right, th< Minister shall take into account the need to conserve and protect- ( a) -the air, water and soil, flora, fauna, fish, fisheries and scenic attractions; and (b) the features of ealtural, architectural, archaeological, his- torical or geological interests; in oron the land over which me right is sought, and the Minister may cause such environmental ir.1pact studies and other studies to be carried out as the Minister considers necessary to enable such a decision to be made.

Section 75Verify source

§ 76(I) The conditions subject to which the right is granted orProvision

The Minister may set conditions for a right when it is granted or renewed, including environmental protection, land rehabilitation, and site closure measures.

76. (I) The conditions subject to which the right is granted or renewed shall include such conditions as may be prescribed by the Minister, by statutory instrument, or as the Minister may, in a particular case, otherwise determine, in relation to- ( a) the conservation and protection of.- Ci) the air, water and soil, flora, fauna, fish, fisheries and scenic attractions; and (ii) the features of caltural, architectural, archaeologi cal, historical or geological interest; in or on the land subject to the right; (b) the rehabilitation, levelling, re-grassing, re-foresting or contouring of such part of the land over which the right has effect as ·may have been damaged or adversely affected by prospecting operations or mining operations; and Mines and Minerals [No. 31 of 1995 331 ( c) the filling in, sealing or fencing off of excavations, shafl!. and tunnels. (2) Any conditions of the kind referred to in subsection (1) (a) shall confonn to specifications and practices established by national standards for the management of the envi ronment as it is af(ected by mining operations; and (b) may. include requirements for the lodgment, by an appli cant fort he grant or renewal of a licence orperrnit, ofone or more cash deposits for securing the performance by such applicant of all or any such conditions.

Section 76Verify source

§ 77(1) The Director of Mi_ne Safety may cause to be served onOffence

The Director of Mine Safety may serve a written notice on a mining-right holder, requiring specified steps within a set time to meet conditions attached to the right. Failure to comply is an offence punishable on conviction by a fine of up to 50,000 penalty units.

77. (1) The Director of Mi_ne Safety may cause to be served on a person who is or has been the holder of a mining right a written notice directing the person to take specified steps, within a specified time, to give effect tci any conditions included in an environmental plan, a development agreement or otherwise attaching to the right, for the protection of the environment (2) A person on whom such a direction has been served who fails to comply with the-direction shall be guilty of an offence and shall be liable, upon conviction, to a penalty not exceeding fifty thousand penalty units.

Section 77Verify source

§ 78(1) If a person to whom a direction is given under sectionOffence

If a person ignores a direction under section 77, the Director of Mine Safety may take the needed steps to carry it out, and the costs become a debt owed to the Republic.

78. (1) If a person to whom a direction is given under section seventy-seven fails to comply with the direction, the Director of Mine Safety may himself cause the necessary steps to be taken to execute it, and the costs thereof and incidental tbereto shall be a debt due to the Republic from the person to whom the direction was given and shall be recoverable in any court of competent jurisdic tion on behalf of the Republic; (2) Recovery of a debt due to the Republic under this section, a certificate signed by the Director of Mine Safety and stating that a specified amount is the amount c>f the debt so due. shall be admis sible in evidence in an courts. (3) A debt due to the Republic under.this section is recoverable ·whether or not the person by whom it is due is prosecuted or convicted of an offence under this Part

Section 78Verify source

§ 79(1) The holder of a mining right over land that ceases to beProvision

A mining-right holder must remove mining plant from land that stops being subject to the mining right if the Director of Mine Safety directs it, and may do so within the prescribed period.

79. (1) The holder of a mining right over land that ceases to be subject to the mining right- (a) may, within thy prescribed period; and (b) shall, if directed to do so by the Director of Mine Safety by notice in writing, within the period specified in the notice; Direction to comply with conditions of mining right Rehabilita tion by Director of Mine Safety at holder's expense Clearing away of mining plant 332 No. 31 of 1995) Mines and Minerals Salo of mining plant -~ cause to be removed from the land any mining plant brought on to, or erectcd upon, that land in the course of mining operations carried out under the mining right. (2) The Director of Mine Safety may give a direction under this section even though the prescribed period has not expired. (3) In this section, " prescribed period " means the period of six months from the date on which the land ceased to be subject to the mining right or �uch longer period as the Director of Mine Safety, with the consent of the Minister, may, in any particular case, allow.

Section 79Verify source

§ 80(1) Ifminingplant is not duly removed undcr sectionseventyOffence

If mining plant is not removed as required, the Director of Mine Safety may order it sold; sale proceeds are used to cover listed costs, and any balance may be paid to a lawful claimant or, after 90 days without an आवेदन, to Republic revenues.

80. (1) Ifminingplant is not duly removed undcr sectionseventy nine, the Director of Mine Safety may direct that the mining plant be sold by private auction. (2) Any mining plant remaining unsold after the public auction has been held may be sold by private treaty. (3) The following amounts shall be deducted from the proceeds of any such•sale: (a) the costs of the sale and of any matter incidental to or connected with the sale; (b J the costs of removing from the land concerned any mining plant remaining unsold after the public auction; (c) any amount owing in respect of compensation payable under section sixty-one; ( d) any other amount that the Directorof Mine Safety certifies to be a deductible amount. (4) Any balance remaining shall be paid to the Minister respon sible for finance, who shall credit the same to a trust account, and who may, on application, pay it to any person appearing to him to be lawfully entitled to it; but if no person applies within a period of ninety days, it shall be paid to the revenues of the Republic. (5) If the proceeds of sale are less than the amounts to be ·deducted- ( a) the shortfall shall be a debt due lo the Republic from the person to whom the relevant direction was given and shall be recoverable in any court of competent jurisdic tion; and (b) the proceeds of sale shall be applied in meeting those amoun_ts in such manner as the Minister may direct. (6).A debt due to the Republic under this sectio!l is recoverable whether or -not the person by- whom it is due is prosecuted or convicted of an offence under this Part. Mines and Minerals [No. 31 of 1995 333

Section 80Verify source

§ 81(1) Where the Directorof Mine Safety considers that a holder WastefulOffence

If the Director of Mine Safety thinks a mining-right holder is using wasteful mining practices, the Director may require a written explanation and may later order the holder to stop those practices.

81. (1) Where the Directorof Mine Safety considers that a holder Wasteful practices of a mining right is using wasteful mining practices, he may give notice to the holder accordingly (giving in the notice particulars of the practices) and require the holder to reply in writing showing cause, within a time limited by the notice, why he should not cease to use those practice·s. Environmen tal Protec tion Fund (2) Where the holder fails, within the time allowed, to satisfy the· Director of Mine Safety that he is not using the wasteful practices · concerned, or that the use of those practices is justified, the Director of Mine Safety may give notice to the holder directing him to cease using all of those practices, or the practices specified in the notice, by such date as is specified in the notice, and the holder shall do as so directed. (3) A person who contravenes subsection (2) shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding fifty thousand penalty units.

Section 81Verify source

§ 82(1) There shall be an Environmental Protection Fund, whichOffence

The Minister administers the Environmental Protection Fund, and the Fund’s money may be used for specified refunds, debt payments, and investment with finance-minister concurrence.

82. (1) There shall be an Environmental Protection Fund, which sljall be administered by the Minister. (2) There shall be paid into the fund the amount of any cash deposit referred to in section seventy-six. (3) Moneys from the fund may be applied- ( a;" at the expiry or termination of a licence or permit,by way of refund to the holder thereof of the amount of any cash d_eposiL� referred to in section seventy-six that were paid by him, to the extent that such moneys are not appropri ated under paragraph (b); or (b) to the payment of any debt due or under subsection (1) of section seventy-eight or under subsection (5) of section eighty, to the extent that the debt concerned is not pai,;t by or recovered from the person from whom it is due, an� regardless of whether proceedings have been taken against that person for an offence under this Part or for recovery of any such debt: Provided that, in the case of any particular debtor, the amount of any moneys expended under this paragraph for or toward the satisfaction of hjs debts shall not exceed the amount of any cash depos its referred to in section seventy-six that were lodged by him. (4) Moneys standing to the credit of the Fund that are not immediately required for the purposes of the Fund m�y be invested --- - - - - - - - - - --- - - --- --- - - -- - - - - - --- -- --- - -- -- -- 334 No. 31 of 1995] Mines and Minerals in such manner as the Minister, with the concurrence of the Minister responsible for finance, may determme. Appointment of Director and other officers Execution and delegation of powers and functions of Director and other officers PART X ADMINISTRATION

Section 82Verify source

Part

PART XI

§ 91Appeals against decisi011s. of the local officeProvision

Section 91 concerns appeals against decisions of the local office.

91. Appeals against decisi011s. of the local office

Section 91Verify source

§ 92Appeals against decisions of the DirectorProvision

Section title: appeals against decisions of the Director.

92. Appeals against decisions of the Director

Section 92Verify source

§ 93Appeals i_n relation to licences under Part IIIProvision

This section concerns appeals relating to licences under Part III.

93. Appeals i_n relation to licences under Part III

Section 93Verify source

§ 95Notification of decisionsProvision

Section 95 is titled “Notification of decisions” under the investment incentives part.

95. Notification of decisions PARTXII b'VESTMENT INCEtffIVES·

Section 95Verify source

§ 97Relief from customs and excise duties ·Provision

Section 97 is about relief from customs and excise duties.

97. Relief from customs and excise duties ·

Section 97Verify source

§ 98Relief from mineral royalty taxProvision

This section is about relief from mineral royalty tax.

98. Relief from mineral royalty tax PART XIII MISCELL",NEOUS

Section 98Verify source

§ 91(1.) Any person aggrieved· by the decision of an authorisedProvision

A person aggrieved by certain decisions of an authorised officer at a local office may appeal to the Director.

91. (1.) Any person aggrieved· by the decision of an authorised . officer at a local office-- ( a) to refuse the grant of an artisan's mining right for which he has· applied, or as to the conditions to be imposed on an artisan's mining right held by him; or (b) as to any matter prescribed by the Minister by statutory Appeals against decisions of the Director instrument; may appeal to the Director, who shall determine the appeal, having regard to the provisions of this Act and the circumstances of the case. (2) A determination of the Director, under this section may include such directions to the authorised officer concerned as the Director thinks fit for the disposal of the matter, and the officer shall give effect to any such directions.

Section 91Verify source

§ 92(1) Any person aggrieved by the decision of the DirectorProvision

A person aggrieved by certain decisions of the Director or the Minister may appeal to the Minister or the High Court, depending on the decision made.

92 .. (1) Any person aggrieved by the decision of the Director ( a) to refuse the grant or renewal ofa licence or pcnnit granted under Part IV; (b) as to the conditions to be imposed on any such licence or pennit held by him; ( c) to cancel or suspend any such licence or pennit held by· him; ( d) to refuse to consent to the transfer of any such licence or permit held by him; or (e) to refuse to grant or renew a gemstone sales certificate; may appeal to the Minister, who shall detennine the appeal, having regard to the provisions of this Act and the circumstances of the case. (2) A determination of the Minister under this section may -include such directions to the Director as the Minister thinks fit for . the disposal of the matter, and the Director shall give effect to any such directions. Mines and Minerals [No. 31 of 1995 339 93,. ( I ) Any person aggrie)led by the decision of the Mimstcr- /a} to refuse the iarant or 11:ncwal of a licence granted under Part III, (b) as Lo the conditions to be imposed_pn any such licence heid by him; (c) lo cancel or suspend any_ such licence held by him; or rr11 to refuse to conseni io the transfcrof any sucn licence held by him, or to·the registration of shan!s or the entry into ' any agreement affecting control of a company; may appeal in me nigh Court, which shall determine the appeal. having regard to tne provisipns of this Act and the circumstances of the case. (2) A determination of the Court under this section may include suchdireclions to the Minister as the Court thinks fit forthc disposal of the mauer, and it shall be the duly of the Minister 10 give effect to any such directions.

Section 92Verify source

Part

PART XIII

§ 99Gemstone sales certificateProvision

Section 99 is titled “Gemstone sales certificate” and mentions radioactive minerals.

99. Gemstone sales certificate JOO. Radioactive minerals

Section 99Verify source

§ 102Obstruction of holder of mining rightProvision

Section heading: obstruction of the holder of a mining right.

102. Obstruction of holder of mining right Mines and Minerals [No. 31 of 1995 295 ,

Section 102Verify source

§ 104Reports, records and informationProvision

Section heading: reports, records and information.

104. Reports, records and information 105 Power of entry by Director

Section 104Verify source

§ 107Offence committed by a body cmporateOffence

This section is about an offence committed by a body corporate.

107. Offence committed by a body cmporate

Section 107Verify source

§ 109Repeal of Cap. 329 and-savingsRepeal

This section defines terms used in the Act, including “authorised officer” and “land subject to a mining right.”

109. Repeal of Cap. 329 and-savings SCHEDULES ' ' - ---�-_J 296 I· ' ' I I ---··. _j ------ - - ---- ---------- - Mines and Minerals [No. 31 of 1995 299 timber orothcr material used or applied in the construction or support of any shaft, drive, gallery, terrace, race, dam or other work; " mining right " means a licence or permit, or an artisan's mining right, granted under this Act or any interim licence held under the Fourth Schedule; " petroleum " has the meaning ascribed to it in the Petroleum Cap. 424 Act but docs not include coal or oil shale; " preliminary investigation rights " means rights granted under the proviso to subsection (1) of section.five; " prospect " means to search for any mineral by any means and to carry out such works, and remove such samples, as may be necessary to test the mineral-bearing qualities of any land; " prospecting area " means an area of land subject to a prospecting licence, a prospecting permit or an interim licence held under the Fourth Schedule that confers prospecting rights; " prospecting licence " means a prospecting licence granted under Part III; " prospecting operations " means operations carried out in the course of prospecting; " prospecting permit " means a prospecting permit granted under Part IV; " retention licence " means a retention licence granted under Part IV; " royalty " means royalty chargeable under Part VIII on the produce of a I arge-scale mining licence; " small-scale mining licence " means a small-scale mining licence granted under Part IV; (2) A reference, in any provision of this Act, to an authorised officer is a reference to a public officer, designated under section eighty-three, who is duly authorised to exercise and perform the powers and functions conferred or imposed by that provision on an authorised officer. (3) A reference in this Act to land subject to a mining right is a reference to an area of land in respect of which a mining right has been granted and subsists.

Section 109Verify source

§ 99(I) No person shall 9arry on a business of trading in gemRepeal

You need a gemstone sales certificate to trade in gemstones, and holders must keep prescribed records of purchases of uncut and unpolished stones in Zambia and show them to an authorised officer.

99. (I) No person shall 9arry on a business of trading in gem- stones unless he holds a gemstone sales .:enilicate._ (2) A gemstone sales cenilicate shall be granted by the Director to any applicant who is a.citizen and makes an applicat10n in the p�scribcd form and tenders the prescribed fee. (3) A gemstone sales certificate shall be valid for- one year liut . may be renewed on payment of the pres.cribcd ren cwal fee. (4) The holder of a gemstone sales cenilicatc shall, in respect of any. purchase of u11cut and unpolished stones located in Zambia, keep such records as may be prescribed and shall make the same available at all times for inspection by an authorised officer. l. (5) Any person in Zambia w.110 is not the holder of a valid gemstone sales cenilicate shall be guilty of an offence ifhe is found in possession of uncut and unpolished gemstones, unless- (aJ iii is the lioict�r of.a ienistonc-liccnc�; , . , :, . . . . . , . .• . . . . . . . (hJ he is the holder of a large0scaie niininglicehccimdcr Which ... , ' .'l • . •; . . gemstones are·produccd; or . .. . · ,. . . , ' (;-J .ht; s.itis'n�_s· :ih� . c9-urt that-nc .acqui�cd. poss�ssion .of _the gcmsmncs lawfully and that he holds them otheiwise than for the purposes of trade. Mines and Minerals (6.l A person convicted of an offence under subscc1ion (5) shall be liable to a line not exceeding twenty thousand penally units or to imprisonment for a term not exceeding two years,_ or 10 both. [No. 31 of 1995 341 100 (I) No person shall expon any radioac1ive mineral except under and in accordance with !he terms and conditions of a consent granted by the Minister. Radioactive minerals (2) An application for a consent to export radioactive minerals shall be in the prescribed form and shall be accompanied by the prescribed fee; and the Minister shall decide whetherornot to grant the application and the terms and conditions of any consent to export. (3) Any person who exports or attempts 10 export any radioactive mineral otherwise than under and in accordance with a consent granted under this section shall he guilly or an offence and shall he liable on conviction- ( a) in the case of an individual, to a line not exceeding one hundred thousand penally units or 10 imprisonment for a term not exceeding ten years, or to both; and (b) in the case of a body corporate, to a line not exceeding one hundred thousand penally unils. (4) In this section, " radioactive mineral " means a mineral which contains by weight al least one-twentieth of one per centum of uranium or thorium or any comhinalion thereof, and includes, but is not limited to- ( a) monazite, sand and other ores containing thorium: (b) camotite, pitchblende and other ores containing uranium. 1 01 (1) The holder of a mining right granted under Part 111 shall- (a) obtain, and maintain at all times du1ing the li fetime of the mining right and for the prescribed period thereafter; and (b) cause iL� contractors to obtain and maintain at all such times; insurance coverage, in such amounts and against such risks as may be prescribed by the Minister by statutory instrument, and shall furnish to the Ministercertilicates evidencing that such coverage is in effect and provide copies of any policies requested. (2) A statutory instrument made under subsection (I) shall include requirements for such insurance coverage as it is customary · -10intemationally to obtain in.the mining industry in accordance will1 good mining industry practice. Insurance and indemnities 342 No. 31 of 1995] Mines and Minerals Obstructio,1 of holder of mining right Production of informa tion (3) The·-holderof a mining ngnt granted under Part IV shall, if so directed by the Director by a notice in writing, cbtain and maintain in force in respect of the mining operations carried on by the holder, such insurance cover as the Director 111ay consider reasonably necessary in the public interest. (4) Thc holdcrof a mining right shall indemnify, defend and hold the Republic hannless against all actions, claims, demands, injury, losses or damages of any nature whatsoever, including, without limitation, claims for loss or damage to property or injury or death to persons, resulting from any act or omission in the conduct of mining operations by or on behalf of the holder, provided that such indemnity shall not apply to the extent, if any, that any action, claim, demand, loss, damage or injury resulted from any direction.given by, or wrongful acr com milled on behalf of the-Republic. 102 Any person who, without reasonable excuse, obstructs or hinders the holder of a mining right from doing any act which that holder is•authoriscd to do by this Act, the regulations or his mining right, shall be guilty of an offcnce,imd shall be liable on conviction to_ a line not exceeding twenty thousand penalty uniL� or to imprisonment for a tcnn not .xcccding two years, or to both. 103 ( I ) Where the Director has reason to believe that a person is capable of giving information or producing or making available books or documents relating to minerals obtained, or the value of minerals obtained, he may, by notice in writing· served on that person, require that pcrson- (a) lo furnish to him in writing, within th1, period and in the manner spccilicd in the notice, any such infonnation; (b) to aucnd before him ora person specified in the instrument, at a time and place so spedlied, and thr,te to answer · · questions relating to minerals obtained ·or the value of minerals obtained; or (i-J to make available to a JX:1�cu1 specified in the insu ument, m a time and place so speciliea, books or ducuments in his custody or power relating to mincrnJs·ootained orthe value ·or minerals obiaincd. · · (2) Where books or documem,. arc made-available as required under this sqetion, t_he 1i"crson to whom the books or d9cumcms are made avai 1:iblc may make copies o f .. or ta�c ext.rads froi:n, the )looks or do�um�11t�. Mines and Minerals [No:-:31 ofl995 343 (3) A person who refuses or fails to comply with a requirement under this section, to the extent to which he is capable of complying with it, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding twenty thousand penalty units or to imprisonment for a term.not exceeding two years, or to both. 104 (1) The holder of a mining right shall submit reports, keep records and furnish information as required in the Fourth Schedule. (2) The holder of a mining right shall maintain an address in Zambia to which communications may be sent and shall give notice to the Director or, where the right is granted by the authorised officer at the local offii:e, that officer, of that address and of any changes of that address. (3) The Director may direct the holder of a mining right, at a reasonable time and place specified in the direction, 10 make available 10, or to produce fori.nspcction by, himself oi-an authorised officer at the local office any books, accounL�. vouchers, documents or records of any kind concerning the mining right, and the holder of the mining right shall comply with the direction. (4) Any person who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding twenty thousand penalty units or to imprisonment for a term not exceeding two years, or lo both. 105 ·(1) The Director or an authorised officer may at any time enter upon any prospecting area or mining area, or any premises or working thereon or thcreum;ter(olher than a dwelling-house) for the purpose of- · (a) generally inspecting any.such area, pi'emises or workings and examining prospecting or mining operations or the · ireatmem of minerals being performed or carried out; {bj asccnaining whether or not the pmvisions of this Act or lhc TC!,'lllations, or the condition� of a mining right, aro being complied with; {c) a,;ccnainllig Whc�r or not any nuisance cxi�ts upo; any such . area, land or miric orin ariy ,;uch premises or working.� (dJgivingdircctiort�,andlakingstcps,locniorce�yprovisionofthis Act or the regulations, or to abate or remove any. nuisance; I : •, �. • Reports. records and information Power of enuy by Director I ( e) laking soil samples or spc�i��s �f rocks: ore .COf\CCn\f'dles, !,tilings or minerals situated upon any such aroa, premises cir won<il)gs (or the purpose of examination ·or assay; · ·: · · (/) examining books, accounL�. voucher.;, docwnenL�. maps, drilling · lugs. or records of any kind·, or 344 No. 31 of 1995] Mines and Minerals Miscella neous (g) obtammg any inlonnatfon which he may deem necessary fo the administration·or this Act. (2) The.Director 01· an authorised officer may, at all reasonable times, inspect and take copies or any books, accounts, vouchers, documents, maps, drilling logs or records of any kind, kept by the holder of a mining right, under or for .the purposes of this Act, the re)!ulations or the mining right. (3) The holder of a mining right shall provide such reasonable assistance (including the provision or necessary means of transport) as is requried to enable the Director or an authorised officer to exercise or perfonn any power or function under this section. (4) Any person who, without. reasonable excuse, hinders or obstructs the Director or an authorised officer in the exercise or pc),tonnance or any power or function under this section shall be guilty or an offence and shall be liable on conviction· to a fine not exceeding twenty lhousand penalty units or to imprisonment for a Lenn not exceeding two years, or to both. 106 (I') Any person who- (a) in any application under this Act: (b) in any report, return or affidavit submitted ror the purposes or this Act; or (c) in purported compliance with a requirement under this Act to furnish any infonnation, make any statement or answer any question; fumishe_s infonnation or makes any statcment that tic knows is false or misleading in a material particular, shall be guilty ofan offence. (2) Any person who, in pursuance or a requirement under this Act, produces or makes available a document, or"any books, that he knows to be false or misleading in a material particular shall be guilty or an offence. (3)" Any person who, with intent to decclvc- (aJ piac.cs or deposits, or is accessory to the placement or deposit of, any mineral or material in any place; or (b) mingles or causest o be mingled with any sample of ore any substance which will enhance the value or in any way change the nature.of the ore: shall be guilty or an offence. (4) A person convicted of an offence under this section shall be ' I Mines and Mineral, lNo. 31 of l995 345 (a) in the case of an individual, 10 a fine not exceeding twenty thousand penalty uni Ls or to imprisonment for a term not exceeding two years, orto both; or (b) in the case of a bodycorpornte, to a fine not exceeding fifty thousand penalty units. 107 If a body corporate is convicted of an offence under this Act, every person who- ( a) is a Dircctorof, or is otherwise concerned in the management of, the body corporate; and (b) knowingly authorised or permi11ed the act or omission constituting the offence: shall be deemed to have committed the same offence, and may be proceeded against and punished accordingly. Offence commiucd by a body corporate 1 08 (]) The Minister may, by statutory instrument, make Regulations IS regulations for the bcucr carrying into effect of this Act. (2) In panicular, and without prejudice 10 the generality of subsection (]), regulations may provide for- (a) any mauer which, in accordance with the foregoing provisions of this Act, is to be, or may be, provided for by statutory instrument or any matter which is io be. or may be, prescribed; (b) the proper arid efficient working of prospecting areas, mining areas and mines: (c) the avoidance of wasteful mining practices or wasteful metallurgical practices, as described or specified in the regulations; ( d) the inspection of books and documents: (e) the regulation of all work and machinery connected with prospecting or mining so far as safety and the protection of life arc concerned: (f) the regulation of al\ manr.rs rr.laJini:. to sanitation and health, including the establishment of ceineieties, in . rcgartfto mining areas; (g) the n:poning uf cases of ar.r.ld,,m.ancl death oc<:urting on any prospecting area or mining area in.connection wih prospecting or mining operntions; ·· (h) "the d�;llaf'Caliui, uf prospecting 'and mining arelis; (i) the circumstances and procedures for rcfening any matter . ' ; . ' . for tictcrminatitinby an expert;· '·. : ' 346 No. 31 of 1995] Mines and Minerals U) the manner of making and dealing wilh applications under this Act; (k) Jces to be paid by the holderor a gemstone sales certi licate; (I) fees and annual ctiarges to be specified under this Act. (3) Regulations shall n_ot be made for or with respect to royalties and charges under Part Ylll unless ihe Minister has first consulted the Minister responsible for finance. (4) Any regulations made-under this Act may prescribe for any breach thereof a fine 1101 exceeding twenty thousand penalty units or to imprisonment for .i Lenn 1101 cxccecting two "years, or to·boLh. 109 (1) The Mines ·and Minerals Act is 'icreby n:paalcd. (2) The savings and 1rnnsi1ional pnwisions sci out in the Fifth Schedule shall have cffecl as a consequence or the repeal.effected by this section. Repeal of C•p. 329 and savings FIRST SCHEDULE (Section 73) RllNT AND DEHMEll 1\;R:<OVER IS RESl'ECT·OI' GEMSTONE l.ICENCH Decin1.'d Turnover /JCT" Year of D11ca1ion of Ren/ per I lcciar-, fleciore (fre Lhtil.<) (Fad1ni1s/ Nil Nil 20,000 1 ,000 1 ,500 30,000 Right Year ·1 Years 2-4 Years 5-7 Year 8 and 40,000 subsequent years 2,(XlO SECOND SCHEDULE (Section 88/ Ml:)aXG ADVISORY COM�lll'l'EE ,_ I Constitution of Commit tee

Section 99Verify source

Part

part of the mining area.

§ 27The holder of a lager-scale mining licen.:e shallProvision

A holder of a large-scale mining licence must develop and operate the mining area diligently, follow the mining and environmental plans, employ and train Zambian citizens as proposed in the licence, and demarcate the mining area properly.

27. The holder of a lager-scale mining licen.:e shall- (a) develop the mining area, and' carry on mining-operations, with due diligence and in compliance with his programme of mining operations and his environmental plan; Obligatkm• of holder of large-scale mining licence i I _____ _ _J 310 No. 31 of t 995] Mines and Minerals Suspension of produc tion (/J )employ and train citizens of Zambia in accordance with his proposals as appended to the licence; and (c) demarcate the mining area, and keep it demarcated in the prescribed manner.

Section 27Verify source

§ 28(1) The holder of a large-scale mining licence shall giveProvision

A large-scale mining licence holder must notify the Minister before suspending or curtailing production, and must explain the reasons; if the stoppage is due to causes beyond control, the holder must inform the Minister immediately.

28. (1) The holder of a large-scale mining licence shall give notice to the Minister- (a) at leas.t ninety days in advance, if, without abandomment of his licence, he proposes to suspend production from his mine; and (/J) at least thirty days in advance, ifhe proposes to curtail such production; and shall, in either case, give reasons for such suspension or curtailment. (2) The holder of a large-scale mining licence shall forthwith inform the Ministcr of the suspension or curtailment of production from his mine due to causes beyond his control. (3) On receiving notice under subsection (1), or if he otherwise · becomes aware of any suspension or curtailment of production, the Minister shall cause the matter to be investigated and may, subject to the terms of any relevant development agreement- ( a) give his approval, on such conditions as he may determine (including provision for the extension of any licence), to the suspension or curtailment of production; cir (b) direct the holder to resume full production at the mine within such date as he may specify. PART IV SMALL-SCALE MINING OPERATIONS Rights conferred by prospecting permit Applic"ation for prospect ing permit Prospecting Permits

Section 28Verify source

Part

PART V

§ 46( 1) The holder of a licence or permit may, in accordance withAmendment

A licence or permit holder may amend certain mining-related plans only with approval under this section.

46. ( 1) The holder of a licence or permit may, in accordance with an approval given under this section, make amendments to- Mines and Minerals [No. 31 of 199S 317 . , I ' ., .-' I ' (a) the programme of mining operations; or (b) any environmental plan, or any programme for the em ployment or training of citizens of Zambia, that forms pan of the conditions of the licence. (2) Particulars of any proposed amendment shall be served on the Minister, in the case of a licence granted under Pan III, and on the Director, in any other case. (3) The Minister or the Director shall determine whether or not to approve the amendment and, if he decides to approve the amendment, the terms and conditions, if any, on which such approval is granted.

Section 46Verify source

§ 47(1) At any time during the currency of a prospecting licenceAmendment

A licence or permit holder may re-orientate a prospecting area, and may seek to increase or enlarge it, but only within the stated limits and subject to Ministerial or Director approval where required.

47. (1) At any time during the currency of a prospecting licence or prospecting permit, the holder may re-orientate his area: Provided that- ( a) no part of the re-orientated area shall overlap any area already subject to another mining right; and (b) at least twenty-five per centurn of the re-orientated area shall consist of !and that was included in the prospecting area as it was before re-orientation. (2) At any time during the currency of prospecting licence or prospecting permit, the holder may, with the permission of the Minister and subject to such conditions as he may impose in relation to the prospecting operations to be carried on under the licence, increase the size of the prospecting area: 't Provided that that the prospecting area, as so increased, shall not exceed such area as may be prescribed by the Minister by statutory -- . ._ _Ql (3)_ Ea ch 6�1" rights given under subsections (1) and (2)may be -.. xerc1se oncc'nurin th d g e total penod of the currency of the licence ·anct an Y renewals thereof. · 48• (IJ At any tirn d m ( a) to the Mini 1 . (b) to the Direct e enlaigement of th s er, m the case of a large-scale licence; and or, m the case of a small-scale mining licence; e _mmmg area and the Minister or the u uect to this section, approve the application or -scale mining licence, the holder may apply- e unng the currency of a large-scale mining licence or a s all · • � 0nd�r th1s sectJon shall not be appriived ifto . p �act,ce neighbouring mining rights. . . . . for th Director may s b" Iefuse to�� do so wo d r (2) A�n Alteration of prospecting area Enlargement of mining area (t;v<-'. , ,... ' ,�.-::· : ·•·,1 , .... � ,. "• . 318 No. 31 of 1995] Mines and Minerals Abandon ment of land subject to licence or permit (3) An approval under this section may be given unconditionally or subject to such conditions as the Minister or the Director may determine, and any such conditions shall be specified in the docu ment signifying approval under this section. (4)an approval under this section, together with any conditions to which it is subject,.shall be endorsed on the applicant's licence and the licence shall be deemed to be amended in accordance with the endorsement.

Section 47Verify source

§ 49(1) The holder of a licence or permit who wishes to abandonCommencement

A licence or permit holder who wants to abandon land must apply to the Director for a certificate of abandonment at least 90 days before the abandonment is to take effect.

49. (1) The holder of a licence or permit who wishes to abandon all or any part of the land subjectto the licence or permit shall apply to the Director, not later than ninety days before the date on which he wishes the abandonment to have effect, for a certificate of abandonment. (2) Subject to this section, the Director shall issue to the applicant a certificate of abandonment either unconditionally or subject to such conditions relating to the abandoned land as the Director may determine. (3) An application under this section- ( a) shall identify the land to be abandoned and, if the applica tion applies to only a part of the land subject to the licence orpennit, shall include a plan clearly identifying both the part to be abandoned and the part to be retained; (b) shall state the date on which the applicant wishes the abandonment to take effect; (c) shall give particulars of the operations which have been Canied on under the licence or pennit on the land to be abandoned; and ( d) shall be supported by such records and reports in relation to· those operations as the Director may reasonably require. (4) A certificate of abandonment shall take effect on the date on which it is granted to the applicant, and- ( a) wht:re the certificate relates to the whole of the land subject to L11e holder's licence or permit, the licence or permit shall be cancelled wiU1 effect from the same date; and (b) in any other case, the licence or permit shall be amended to take account of the abandonment. (5) The abandonment of any land does not affect any liability incurred before the date on which the abandonment has effect in respect of the land, and· any legal proceedings that might have been --- - ----- Mines and Minerals [No. 31 of 1995 319 Suspension or cancella tion of licence or permit commenced or continued in respect of any liability against the applicant for the certificate may be commenced or continued against that applicant.

Section 49Verify source

§ 50(1) Subject to this section, where the holder of a licence orCommencement

The Minister may suspend or cancel a licence or permit in specified cases, but must follow notice and waiting-period rules in some cases.

50. (1) Subject to this section, where the holder of a licence or permit- (a) has at any time contravened a condition of the licen� or permit that is expressed in the licence or permit, or in any document attached to it or otherwise forming part of it, to be a condition whose contravention may result in revocation or suspension of the licence; (b) fails to comply with any requirement of this Act or the regulations; (c) fails to comply with a direction lawfully given under this Act or the regulations or with a condition on which any certificate of abandonment is issued .or on which any exemption or consent is given under this Act or the regulations;. or (d) fails to pay any amount payable by him under this Act or the regulations within thirty days after the amount be comes due; the Minister may, by notice in writing served on the holder of the licence, suspend or cancel the licence or permit. (2) The Minister shall not suspend or cancel a licence or permit on grounds referred to in any of paragraphs ( a) to ( c) of subsection (1) unless- ( a) he has first served on the holder a default notice specifying the grounds on which the licence may be suspended or cancelled; and (b) the holder has failed within a period of sixty days from the date on which the default notice was served, or such longer period as the Minister may allow, to remedy the default spcci fled, or where such default is not capable of being remedied, has failed to offer in respect thereof reasonable compensation. (3) The Minister shall not suspend or cancel a licence or permit on the ground referred to in paragraph (d) of subsection (1) if, within a period of sixty days from the date on which the default upon which the default notice was served (or such longer period as the minister may allow) the holder, in addition to paying the amount overdue, pays interest on that amount at the prescribed rate. 320 No. 31 of t 995] Mines and Minerals Termination of small scale mining licence for insufficient production Termination of gemstone licence for insufficient production Transitional extension of licences or permits pending certain applications (4) The Minister may, by notice in writing to the holder of a licence or permit, cancel the licence or permit on the ocurrence of an event which, as provided by section seven, renders that person ineligible to hold a mining right. (5) On the cancellation of a licence or permit under this section, the rights of the holder thereunder cease, but the cancellation does not affect any liability incurred before cancellation, and any legal proceedings that might have been commenced or continued against the former holder may be commenced or continued against him.

Section 50Verify source

§ 51Where, over a continous period of three years or longer, theProvision

The Minister may cancel a small-scale mining licence or a gemstone licence if the holder fails to mine as planned and falls below the stated production or revenue thresholds over the required periods.

51. Where, over a continous period of three years or longer, the holder of a small-scale mining licence has failed to carry on mining operations in accordance with his proposed plan of mining opera tions and over such period has in each year of production recovered less than fifty per centum of the ore which should liave been recovered under his estimated recovery rate, the Minister may, ifhe thinks fit, cancel the licence. 52, Where the holder of a gemstone licence has failed to carry on mining operations in accordance with his proposed plan of mining operations and the gross proceeds of sale of minerals from an area subject to a gemstone licence in each of any three successive years· is less than half of the deemed turnover applicable to that licence in each of those years, the Minister may, if he thinks fit, cancel the licence.

Section 51Verify source

§ 53WhereProvision

If a licence or permit holder applies for renewal or a related mining licence during the current term, the current licence or permit stays in force until the renewal/grant date or the application is refused.

53. Where- ( a) the holder of a licence or permit applies, during its currency, for a renewal of the licence or permit; (b) the holder of a prospecting licence applies, during the currency of the licence, for a retention licence or for a large-scale mining licence over or part of the prospect ing area; (c) the . holder of a prospecting permit applies, during thg, currency of the permit, for a small-scale mining licence over all or part of the prospecting area; or ( d) the holder of a retention licence applies, during the currency of the licence, for a large-scale mining licence overall or any part of the area which the retention licence is granted; the current licence or permit shall continue in force until the date of the renewal or grant for which application is made or until the application is refused. - -- --- - ------ ------ . - - - - - - -- - - --- Mines and Minerals [No. 31 of 1995 321

Section 53Verify source

§ 54(1) No licence or pennit shall be transferred withoutProvision

A licence, permit, or mining right cannot be transferred without the required consent, and transfers to disqualified persons are not allowed.

54. (1) No licence or pennit shall be transferred without (a) the consent of the Minister. in the case of a licence granted Transfer of licence or permit under Pa rt III; or· (b) the consent of the Director, in the case of any other lieence or pennit. (2) Consent under this section shall not be unreasonably with held. (3) An application for consent under this section shall contain prescribed, shall be in the prescribed be such particulars as may form and shall be accompanied by the prescribed fee. (4) No mining right may be transferred to a person disqualified under section seven from holding that right. (5) In this section, " transfer " incl tides a sale, mortgage, charge or other assignment or encumbrance. (6) Any transaction purporting to transfer a mining right in contravention of this section shall be void and of no effect.

Section 54Verify source

§ 55(1) A company that holds a mining right shall not, after theProvision

A company holding a mining right must get the Minister’s written consent before changing share ownership or making an agreement that would give someone control of the company.

55. (1) A company that holds a mining right shall not, after the date of the grant of the right, witiiout the written consent of the Minister- Transfer of control of company ( a) register the transfer of any share or shares in the company to any particular person or his nominee; or (b) enter into an agreement with any particular person; if the effect of doing so would be to give that person control of the company. (2) On an application for consent under this section, the Minister may call for and obtain such information as is reasonably necessary, but such consent shall not be unreasonably withheld. (3) For the purposes of this section- ( a) a person is deemed to have control of a company- (i) if the person or his nominee holds, or the person and his nominee together hold, a total of fifty per centum or more of the equity shares of the com pany;·or (ii) if the person is entitled to appoint, or prevent the appointment of, half or more than half of the number of directors of the company; (b) " equity shares " has the meaning ascribed to it in the to Companies Act. Act No. 26 of l994 322 No. 31 of 1995) Mines and Minerals Restriction of.rights of entry by holder of licence or permit Act No,23 of l989 Cap. 740 PART VI MINING RIGIITS AND SURFACE RIGIITS

Section 55Verify source

Part

PART X

§ 83(I) There shall be a Director of Mines, who shall be a publicProvision

This section creates key mining offices and lets the Director designate authorised officers; designated officers with entry or document-demand powers must have and show a certificate of appointment on demand.

83. (I) There shall be a Director of Mines, who shall be a public officer and who shall have and may exercise and perform the power� and functions conferred or imposed upon the Director by or under this Act or any other written law, and who shall generally supervise and regulate the proper and effectual carrying out of the provisions of this Act. (2) There shall be a Director ofMineSafety, who shall be a public officer and who shall have and may exercise and perform the powers and functions conferred or imposed upon him by or under this Act or any other written law, and who shall have general responsibility for matters concerning the safety of prospecting, exploration and mining operations. (3) There shall be a Director of Geological Survey, who shall be a public officer and who shall have and may exercise and perform the powers and functions conferred or imposed upon him by or unrler this Act or any other written law. (4) Such other public officers as may be necessary for the due administration of this Act shall be appointed. (5) The Director may, by statutory notice, designate any public officer to an authorised officer for the purpose of the exercise and performance of all or any ofU1e functions conferred on an authorised officer by any of the provisions of this Act or any statutory instrument made under this Act. (6)Evcry.authorised officer who, by virtue of his designation as such, has power to enter any land or demand production of any record·s or documents shall be provided with a certificate of appoint ment, which shall be primafacie evidence of his designation; and the officer shall, on demand by a person affected by the exercise of any such power, produce for inspection his certificate or appoint: ment.

Section 83Verify source

§ 84( I ). Whilst any officer referred to in subsecti_on (1), (2) or (3)Provision

A holder of the office may delegate powers and functions to a public officer by statutory notice, subject to prescribed conditions, qualifications or exemptions, and may still exercise the powers or functions after delegating them.

84. ( I ). Whilst any officer referred to in subsecti_on (1), (2) or (3) of section eighty-three is vacant or the holder of any such office is, owing to absence or inability to act from illness or other cause, unable to exercise and perform the powers and functions of the office concerned, a person shall be appointed to exercise and perform his powers and functions. -- -- --- - ---· - - --- Mines and Minerals [No. 31 of 1995 335 (2) The hcilderof any officer referred to in subsection (I) may, by statutory notice, and subject to such conditions, qualifications or exemptions as may be prescribed therein, delegate to any public officer the exercise or performance of any of the powers and functions conferred or imposed on him by this Act: Provided that any such office-holder may exercise or perform a power or function notwithstanding that he has delegated the exercise or performance thereof to some other person.

Section 84Verify source

§ 85The Attorney-General may demand, sue for, recover andProvision

The Attorney-General may demand, sue for, recover and receive money owed under the Act in relation to mining rights.

85. The Attorney-General may demand, sue for, recover and receive all royalties, fees, dues, rents or payments which may become due in respect of any mining right or otherwise under the provisions of this Act

Section 85Verify source

§ 86The Director of Geological Survey shallProvision

The Director of Geological Survey must advise the Minister, carry out geological mapping and exploration work, provide geological and mineral data, assist the public with geological information, and keep needed laboratory, library, and record facilities.

86. The Director of Geological Survey shall- (a) advise the Minister on geological matters; (b),undertake the geological mapping of Zambia; (c) undertake prospecting aud exploration operations on behalf of the Republic: ( d) provide data concerning the geology and mineral re sources of Zambia, and generally assist members of the public seeking information concerning geological mat ters; and (e)maintain such laboratory, librnry and record facilities as may be necessary for the performance of his functions.

Section 86Verify source

§ 87(1) The Director of Geological Survey or art authorisedProvision

The Director of Geological Survey or an authorised officer may enter land and do survey work for geological mapping or prospecting, subject to notice, consent, and damage-limiting conditions.

87.- (1) The Director of Geological Survey or art authorised officer may, for the purpose of carrying out the geological mapping of Zambia or any part thereof.- (a) enter at all reasonable hours upon any land with such persons, animals, vehicles, appliances, instruments and materials as are necessary for such survey; (b) break upthe surface of anypartof such land fcirthe purpose of ascertaining the rocks or minerals within or under the same; (c) take and carry away samples and specimens of the soil, rocks or minerals found therein; ( d) fix any post, stone, mark or o�ject to be used in the survey of any such land; ( e) dig up any ground for the purpose of fixing any such post, stone, mark or object; and Recovery of fees Geological services Geological survey, mapping and respecting on behalf of the Republic - - ---- -- - - - - --- -- - ---- -- 336 No. 31 of 1995] Mines and Minerals (f) enter into or upon any land through which it may be necessary to pass for the purpose of such survey: Provided that: (i) it shall not be lawful to fix any object, post, stone or mark with any walled or fenced garden or orchard without the consent of the owner or occupier thereof; (ii) notice in writing of the intention to exercise any of the powers conferred by this subsection shall be given in the Gazette, and in a news paper of general circulation in the area where the land is situated, at le_ast fourteen days before the exercise of the powers, unless the land concerned is State land that has been alienated by the President in accordance with the Lands (Conversion of Titles) Act; (iii) as little damage and inconvehience as possible shall be caused by the exercise of any of the powers conferred by this subsection; and (iv) before abandoning any lano, all excavations opened shall be backfilled. (2) For the purpose of carrying on prospecting operations on behalf of the Republic, the Director or an authorised officer may enter upon any land with such number of persons as he may deem necessary, and exercise the rights of a holder of a prospecting licence: Provided that nothing in this subsection shall authorise any person to enter upon any land referred to in subsection (1) of section fifty-six without obtaining any consent required to be obtained under that section.

Section 87Verify source

§ 88(1) There shall be a Mining Advisory Committee, whichAmendment

A Mining Advisory Committee must advise the Minister and the Director on prescribed or referred matters.

88. (1) There shall be a Mining Advisory Committee, which shall advise the Minister and the Director in relation to the matters prescribed by or underthis Act and such other matters in connection with the administration of this Act as may be referred to it by the Minister. (2) The provisions of the Second Schedule shall apply to the composition, and the powers and functions, of the Committee. (3) Before exercising any power under this Act- ( a) to enter into a aevelopment agreement; (b) to refuse to grant or renew a licence; Cap. 289 Mining Advisory Committee --- · - ·-····- ·--------· ·-· ··· ·---- - - ------- - -- - -- - - ---- - - - -- - Mines and Minerals [No. 31 of 1995 337 (c) to terminate, suspend or cancel a licence; (d) to amend the terms or conditions of any licence; or (e) to determine any appeal that lies to him; it shall be the duty of the Minister or the Director, as the case may be, in whom the power is vested, to refer the matter to the Mining Advisory Committee for its advice. (4) Where any matter is referred to the mining Advisory Commit tee for its advice and the Ministerorthe Directorproposes to dispose of that matter otherwise than in accordance with the advice of the Committee, the Minister or the Director shall, before disposing of the application, furnish the Committee with a.statement in writiqg of his reasons for so doing. (5) Where a matter referred to in subsection (4) is an application for the grant or renewal or a licence, a copy ofany statement of the Minister or the Directorunder that subsection shall be furnished to the applicant

Section 88Verify source

§ 89(1) No information furnished, or information in a reportOffence

Information given to the Minister, Director, or an officer under the Act must not be disclosed without the mining right holder’s consent, except for listed official purposes.

89. (1) No information furnished, or information in a report submitted, to the Minister, the Director, or any officer under or for the purposes of this Act by the holder of a mining right shall, for so long as the mining right has effect over the land to which the infonnl\tion relates, be disclosed, except with the consent of the holder of the mining right. (2) Nothing in subsection (1) shall operate to prevent the disclo- sure of infonnation where the disclosure is made- ( a) for or in connection with the administration of this Act; (b) for the purpose of any legal proceedings; ( c) for the purpose of any investigation ot inquiry conducted under this Act; ( d) .to any person being a consultant to the government or public orncer who is authorised by the Minister· to receive such information; or ( e) for, or in connection with, the preparation by or on behalf of the government or statistics in respect of prospecting or mining: Provided that a disclosure authorised by this paragraph shall be no more specific in-detail than is necessary for the purpose of the statistics concerned. (3) Ariy pen;on who contravenes this section shall be guilty of an offence ar,d shall be liable on conviction to a fine riot exccc.ding twerity thousand penalty units or to imprisonment for a term not exceeding two years, or to both. Disclosure of informa tion ------ -- --·--· I. 338 No. 31 of 1995) Mines and Minerals Jndemniiy 90. No officer of the Ministry or other public officer shall be liable for anything done or omitted to be done in good faitlnn the exercise or performance, of purported exercise or. perfonnahce, of any ·power or function vested in him by, or in accordance with an appointment made under, this Act. PART XI APPEALS APl.'°"18 agamst de.cisions of the local office

Section 89Verify source

Part

Part III,

§ 94(I) 1be !Jolder of any mining right who is aggrieved by anyProvision

A holder of a mining right who is affected by a Director’s direction may appeal to the Minister, who must decide the appeal.

94. (I) 1be !Jolder of any mining right who is aggrieved by any oilligation imposed by a dircc\ion of the Director under section mw hundred and one may appeal to the Minisicr, who·shall determine the appeal, having i-eg�rd to the provisions of this Acr ancl th.: circumstances of the case. (2) A deto;,rnination - of the Minister under this section may include.such directions to the Director as the Minister.thinks fit for ihe disposal of the matter, an<! that officer shall give effect to any such dii;ections.

Section 94Verify source

§ 95Whcnever the Minister, ihe Director or any authorisedProvision

If the Minister, Director, or an authorised officer makes an appealable decision, the affected licensee or applicant must get written notice of the decision, the reasons, and appeal rights.

95. Whcnever the Minister, ihe Director or any authorised officer makes a decision against which an appeal lies by virtue of a provision of this Part, the licensee or <1pplican1 affected by tffo decision shall be. informed by notice in writing of the decision and of 1!1c reasons therefor; and any such notice shall inform Ille person so nnlificd of his rights of appeal. PART Xll INVF.sTMHNT INCENTlv"�

Section 95Verify source

Part

PART Xll

§ 96Any investment in mining, including prospecting, by theProvision

Investment in mining, including prospecting, by a holder of a mining right attracts the income-tax deductions set out in the Third Schedule.

96. Any investment in mining, including prospecting, by the holder of a mining righl°shall attract the deductions from income tax set forth iri the Third Schedule. Appeals in relation to licences under Part ID Appeals in relation to insurance Notification of decisions Relief from inCOmc tax

Section 96Verify source

Part

Part ID

§ 97( 1) Thcholderof a mining right shall oe entitled to exemptionProvision

A mining right holder is entitled to duty exemptions for qualifying mining equipment, and tax is not payable on mineral sales from prospecting or mining under the right.

97. ( 1) Thcholderof a mining right shall oe entitled to exemption from customs·and excise duties, arid from any other duty or impost levied under the Customs and Excise Act, in respect of all machinery Relief from customs and excise duties Cap. 662 340 No. 31 of I 995] Mines and Minerals and equipment (including specialised motor vehicles) required for any ofthe activities carried on or to be carried on in pursuance of the right or otheiwise for the purposes of his investment in mining or prospecting. (2) The exemption to which an investor is entitled under this section shall be granted on application made in such manner, and accompanied by such evidence, as may be prescribed by a statutory instrument made under the Customs and Excise Act by the Minister responsible for finance. 98. No tax shall be payable by the bolder of a mining right in respect of the sale of any mineral, within the meaning of the Mineral Royalty Tax Act, won· in the course of any prospecting or mining activities carried on under the mining right. Cap. 662 Relief from .11ineral royalty �.ax Act No. 32 of 1994 PART XIII MISCELLANEOUS . Gcms1onc saJc.,; certificate

Section 97Verify source

Part

Schedule shall have cffecl as a consequence or the repeal.effected

§ 1(I) The Mining Advisory Commiucc shall consist orProvision

The Mining Advisory Committee is made up of specified officeholders and nominees, and the Minister must appoint the Committee’s members.

1 . (I) The Mining Advisory Commiucc shall consist or (a) the Director, who shall he lhc Chairman; (b) thc Director ·or Geological Survey; (c) the Director-of Mines Safety; (d) one person nominated by the Minister responsible for ihe environment; (e) one person nominated by the Minister tcsponsible for lands; and {f) one person nominated by the 'Anomcy-GcneraL . (2) The Minister shall .ippoint the.members-of the Committee. Mines and Minerals (No. 31 of 1995 347

Section 1Verify source

§ 2\1) The Minister shall nominate an alternate member for each , AlternateProvision

The Minister and certain other office-holders must nominate alternate members, and an alternate member may act for the substantive member when that member cannot attend a meeting.

2. \1) The Minister shall nominate an alternate member for each , Alternate _members of tl)e members referred 10· in clauses (a), (b) and (c) of sub- p�agraph (!) of paragraph one. (2) The Ministers responsible for the environment and lands, and the Attorney-General, shall each nominate an alternate member for the members nominated by them under p_aragraph one. p) An alternate member shall be entitled to act· in-place of the substantive member if the latter is for any reason unable to attend a meeting. \

Section 2Verify source

§ 3In the exercise and performance of their powers and functionsProvision

Committee members and the Chairman must act on their own judgement and must not take directions from anyone else or any authority while exercising their powers and functions.

3. In the exercise and performance of their powers and functions 1s members of the Committee, the Chairman and each of the members shall act in accordance with his own judgement and shall. norbc subject to any direction from any other person or authority. Committee to be independent

Section 3Verify source

§ 4(I) The committee shall meet as· often as is necessary to Meetings JCommencement

The committee must meet as often as needed to carry out its functions, at the times and places the Chairman directs.

4. (I) The committee shall meet as· often as is necessary to Meetings J perform its functions and at such Limes and places as the Chairman · directs. (2) At a meeting of the Committee- ( a) four members shall form a quorum; . -. _ (b) the Chaipn_an, or in his absence a m�mbcr elected by the members present, shall preside: (c) all mauers arising.shall bc decide� by a majority of votes; ( d)the Chairmanorptherperson ptcslding ;11 the meeting shall have a deliberative vote and, in.the event of an equality of votes, also a casting vote. S. The Committee shall regulate its own procedure . . Procedure THIRD SCHEDULE (Section 96) INCOME TAX Dmmcr10Ns FOR MIXING INVESTMENTS I. (!) For the purposes of this Schccjule- �• capital expenditure ", in relation '10-mining or prospecting operations, means expenditure- Interpreta tion /a) on buildings. works, railway linr.s or equipment; (b) on shaft sinking, including expenditure qn sumps, pumps chambers, stations and ore bins accessory . to a shaft; (c) on the purchase of or on the payment of a premium for the use of any patent, design, trademark, process. '• • ' ! . : ,, of other expenditure of a similar natµ_re; 348 No. 31 of 1995I Mines and Minerals Act No. 28 of-19,93 ( d) incurred prior lo the commencement of production or during any period of non-production on preliminary surveys, boreholes, development or management; or (e) by way of interest payable on any loan for mining or prospecting purposes; "Commissioner-General " means Lhe Commissioner-General appointed under the Zambia Revenue Authority Act; " deemed loss " means a deduction allowable in accordance wilh paragraph three: " equity ", in relation to a company limited by shares, means- (a) issued ordinary share capital or stock, but only to the ex1en1 that such share capital or stock is paid up; ( b) issued, deferred, preferred, preference orotherpriority share capital or stock, but only to the extent that such share capital ur stock is paid up and provided that such share capital or :stock carries no rights of early repayment on demand; ( c) capital reserves in so far as they arc not capable of distribution except either by way of diminution of capital or by addition to issued capi(al; and ( d) revenue reserves to the extent only that they shall have remained constant throughout the previous twelve months; but shall not inelude- (i) loan stock or dehcnlurcs whether carrying conversion rights or not; (ii) loans at call and short notice; or (iii) bank overdraft� or other drawing facilities; " estimate oflire ", in relation 10 a mine, means the number of years, not exceeding- /a) in the ca.�c of a mine opcrntcd for the purpose of producing lead or ;o:inc, ten years; and (bJ in the case of any other mine, twenty years; during which mining operations at the mine may be expected to continue after the beginning of the charge year; " expenditure "means netexpcnditure afiertaking into account any rebates, returns or recoveries from expenditure; I \___ Mines and Minerals [No. 31 of 1995 349 " pre-production expenditure " means capital expenditure incurred in charge _years prior to the production charge year; " production commencement date ", in relation lo a mine, means the latest of any of the following dates: (a) !he date on which the mine first commenced regular production: (b) where the mine, having previous! y been in production, was closed down and then re-opened, the dale on which it first recommenced regular production: ( c) where the mine ha� changed ownership and has been reorganised with substantially new d(;velopment and new plant, the date on which it first commenced regular production after such reorganisaiion; ' production charge year " means the charge year in which a 1953, 1970 or 1 975 new mine first commences or recommences regular production: " prospecting expenditure " means expenditure incurred in relation to prospecting_ operations, including any capital expenditure incurred in· connccction with such operations, and such ex·penditurc as the Commissioner-General detennines to be ancillary to expenditure on prospecting opcrntions: " 1953· new mine " means a mine whose production commencement date is later than 31st March, 1 953 but not later than 3 1 st March, 1970; · " 1970 new mine " means a mine whose production commencement date is later than 31st March, 1970 but not later than 3 I st March, 1 975; ·• 1 975 new .mine " means a mine whose production commencement date is later thim 3 1 st March, 1975. (2) Words and expressions defined in the Income Tax Act shall, if used in this Schedule, h_avc the same meaning as in that AcL ·2. Where a deduction is allqwed in respect of capital expenditure underthis Schedule, any deduction that would;bul for this paragrnph, be allowable· under the Income Tax Act in respect of the same capital expenditure is hereby disallowed.

Section 4Verify source

§ 3(I) Subject to the other provisions' of this paragraph, theCommencement

Prospecting expenditure for an area in Zambia with a mining right can be deducted, with special rules allowing some companies to redirect the deduction to shareholders or a new company.

3. (I) Subject to the other provisions' of this paragraph, the amount of prospecting expenditure incurred by a'per.mn in a charge Relief not lo be dupli cate<I Cap. 668 Deductions for prospect ing expendi ture ;' 350 No. 31 of 1995) Mines and Minerals year in respect of an area in Zambia over which a mining right has been granted shall be allowed as a deduction to that person. (2) A company that is entiUcd undcrthis paragraph to a deduction in respect of expend_iture may, by notice in _writing given to the Commission�r-Gcncral within twelve months after the end of the charge year in which the expenditure is incurred, irrevocably elect to forego the deduction in favourof its shareholders; whereupon the deduction shall be allowed, not to the company but to its shareholders instead, in proponion to the calls on shares paid by them during the relevant accounting period or in such other proponions as lhe Commissioner-General, having regard to any special circumstances, may determine: Provided that this sub-p_aragraph shall not apply to a company carrying on mining operation in Z1mhia. (3) Where- (aJ a company (in this sub-paragraph called " the parent company ")is entitled underthis paragraph to a deduction; and (b) subsequent to the date the expenditure is incurred, a new company, of which the parent company is a shareholder, is incorporated for the purpose of.- (i) continuing the prospecting operations of the parent company: or (ii) carrying on mining operations in _the Republic; and a the parent company may, by notice in writing given to the Commissioner-General within twelve months after the incorporation of the new company, irrevocably elect to forego the deduction in favour of the new company: whereupon the deduction shall be allowed, not to the parent company but to the new company instead: Provided that this sub-paragraph shall not apply- (i) to a company carrying on mining operations in Zambia; or (ii) in respect of expenditure-incurred afterthe new company. takes over the prospecting operations of the parent company or �onimcnces Lo carry on mining operations. (4).A deduction allowable ui1der this paragraph shalH,e deemed to be· a loss and shall. bl! allowed, in accordance with section thirty of the· Income Tax Act as a loss incurred- ( a)in the case of sub-paragraphs (I") and (2), i1_1 the charge year in which the expenditure is incurred; and· Mines and Minerals [No. 31 of 1995 351 (b) in the case of sub-paragraph (3), in the charge year in which the new company takes over the. propsecting or . exploration operations or commences to carry on mining operations: Provided tnac where the deemed loss exceeds the income of person for the eharge year in which it is incui'red: tlle excess shall be deemed � be a loss incurredfo the following charge year and so on from year to year until the deemed loss i� e.ll;tingui�hcd. (5) In computing a loss incurred by the operator of a ·I 975 new mine i_n any c_harge year, prospecting expendimrc and capital expenditure incurred in relation to the mine and allowable as a d�qc�on shall be deemed lo be deducted las�. :

Section 3Verify source

§ 4(I) Subject to the other provisions oflhis·paragraph and theCommencement

This provision sets how deductions are calculated for mining operations, including capital expenditure on different kinds of mines and a limit on interest deductions.

4. (I) Subject to the other provisions oflhis·paragraph and the provisions of ,paragraph five_ . a deduction shall be allowed ir, ascenaining, the gains or profits from the carrying on of mining operations by. any person in a .charge year in respect of the capital expeooi�ure incurred by the person on a mine which is in regular production in the charge year. Deductions for mining expenditure ( ' (2) The.deduction to be allowed for the charge year in the case of 1975 new mine shall be- -- ' ( a) where the charge year is the production charge year, the sum of the pre-production cxpendimre, to thee)\tent that such expenditure has not already been allowed as a deduction, and the capital expenditure incurred in the production charge year: P�ovided that where, on the last day of any charge year prior to the production charge year, the total of the preproduction expenditun; incurred in such charge year exceeds the amou.nt remaining after deducting from thc·quity of the company on such day the. prospecting expenditure incurred in such charge year and in all previous charge years on such day and all<i'wable as a dccme!l loss, ihe excess shall not he so increased for such charge year; aqd (b) where the charge year is a charge year subsequent to the production charge year, the capital expenditure incurred iri such charge year, (3) The deduction to be allowed for a charge-year in the case of 1970 new mine shall be: 3S2 N9. 31 of 1995] Mines and Minerals I . (a) where the.charge year is the production charge year,-the total capital expenditure incurred on themine up Lo the end or the production charge year, to the extent that such expenditure has not already been·allowed as a deduc tion; and- (b) where the charge year is a charge year subsequent to the . production charge year, the capital expenditure incurred - on the mine in such charge year. (4) The deduction to be allowed for.any charge year in the case of.a 1953 new mine shall be the sum of.- ( a) the fraction of any unredeemed capital expenditure on the mine at the ·commencement of. tlie charge year ended 31st March, 197 1 , that would have been alfowcd in such charge year under the provisions of paragraph ·twenty- ' three of Pan VI of the Fifth Schedule to the Income Tax Act; a� in force on 3 1 s� March, 1970, had those provi sions not been repealed: (b) the capital expenditure incurred on the inine in such charge year. (5) Tlic deduction 10 be allowed for any charge year in ihe case of any other mine shall bc·Lhc SUpl of- (a) one-twentieth or; in the ca�c of a mine operated for the purposes of producing lead or zinc, one-eighth of the balance of unredeemed capitalcxpenditure on the mine; including any balance on which deductions were previ ously claimed under Parts I io V of the Fifth Schedule to the'Income Tax: Act, anhe <;0mmenccment of the charge · year ended 31st -.March, 197 1 , until such balance is extinguished: and· ) (b an amount obtained by taking the sum of- .. ; • f Cap. 668 Cap. 668 . (i) ihc baiance 6f th� c,apita1 e��ndiiure on the mine . : incurred. after 22nd September, 1973 and unredeemed al : the commencement of such · · · : , cl'large yi:a(and -· . . (ii) the. capital expenditure _on. the mine incurred in . such charge year; · ' ' . . . and dividing the sum so obtained by the nµmberofyears in tbe approved !,Slim ate l)f the life .<;>f the; m_ine: . , . ! f Mines. and Minerals Provided that where separate and distinct mining operations are carried on in mines which .are not contiguous, the - deduction allowab.lc shall be calculated separately according to the approved estimate or the lifo of each mine. [No: 3lof 1995 353 (6) For the purposes of sub-paragraph (5), the approved estimate of the life of the mine at the commencement of the ehargeyearshall be based on the ccnilied estimates of ore reserves or the mine and supponed by calculations showing how ihe estimates !)ave been · arrived at a� submiued in writing by the person carrying mi ·the mining operations: Provided that if the Commissioner-General doesnot approve the estimate; oflhe life of the mine as subil)_iucd, the approved estimate of the life of the mine shall be as the Commissioner-General determines, (7) The deductions for any interest on borrowings to be allowed in any charge year shall not exceed the interest on any borrowings in excess of a loan-t6°cquity ratio of 2: I

Section 4Verify source

§ 5(I) Where a person is carrying on mining operations in a mineProvision

A qualifying mining operator may deduct a loss from a non-contiguous mine when working out mining profits for the charge year, but the tax otherwise payable for that year cannot be cut by more than 20%.

5. (I) Where a person is carrying on mining operations in a mine which is in regular procluction and is also the owner of, or has a right to work, a mine which_ is not <:ontiguous with the producing mine and from which the person has a loss in the charge year, the amount of such los·s inay be deducted in a�ccnaining the gains or profits from his mining operations in that charge year: Deductions for mining expenditure on a non� producing and non contiguous mine Provided that the amount of tax which would otherwise be payable by such person in that charge year is not reduced by mnrc than twenty per centum as .a result or this deduction. (2) An order made by the Minister under this paragraph 1ilay differentiate ij><;tween person or classes of persons, may at any time by a like QJ"dejr be re_voked.and may be made or revoked retrospec tively.

Section 5Verify source

§ 6Where a mine ceases regular production due to the expiraInterpretation

A mine-closure deduction is available only if the operator gives written notice to the Commissioner-General within 12 months after the end of the charge year.

6. Where a mine ceases regular production due to the expira tion of the life oftlie mine, or where the mining right h3s ended, or for any other reason acceptable to the Commissioner-General, and the person who was carrying on the mining operations irrevocably so elects, by notice in writing to the Commissioner-General, within twelve months after the end of the charge year in which the mine ceased regular production, the deduction allowable in a�cenaining the gains or profits from the carrying on of the mining operations in respect of the capital expenditure on the mincforeach of the last six charge years in whii;� the mine was in regular production shall be an amount arrived at by taking the sum of- Deductions on cessation of mining production 354 No .. 31 of l 995) Mines an,d Minerals ' . . (a) the unredeemed c�pital expenditure on. the mine at the comni�nccm�!II of the six charge years; and (bJ. the capital expcndjtlire on the.mine incurred in the six charge years; and dividing .the sum so obtained by six. Chan&e ownersh mine 7 •. _ Subject to the provisions of paragraph eight, when a change ih the"ti��rship of a mine ialces P.lace, tii.e consideration for the assets y,,hlch qualify, for the purposes of this.Schedule, as capital expenditure shall, for ihcoine.tax purposes- (a) be allowable as capital ei,penditure incurred by the new · owner; and . ' (b) be \feemed to be a capital recovery by the previous owner in the charge year in which the change takes place. Controlled and othci sales $ • . (U Whenever there is a .change in the ownership of a mine, tlli_s paragraph shall have effect in rclatipn to !9c' saie of any proPfrlY in respect of which any,deduct_ions have been allowed under t�is Sche�ule in any case where either- . ( �) the bu·yer has contrml of the seller, or the sell.er has <;on�! oftlie buyer, o'rsonie otherpcrson ha� controfofboth; or . (b )the Commissioner-General determines, by reference to the .,consideration i:iven for.the i,rc,�rty, that the same "".as not at arm's· Iength. . . ' . . (2),Where the property is sold at a price other, than,what it would sold in the. open markch, then, subject to the have· fetchcd.· if , provisions of sub-paragraph 0), the same consequences shall ensue " as �Q.l/ld:·�-11ye en�ued .if.the. !Jf,(!pcrty had been 59ld for the price w�ich iJ �oul.d have fetched if so.Id in the open marke� · (3).Where thesalejsoneto which claiise(a)·ofsub-paragraph (I) applies and the parties to the sale irrevocably so elect, by notice iri \1/riti�i to. the Co.mmi.s�io�er-Gener3.I, th.en sub-paragraph (2) shall not have effect.but, instead, the same consequences shall'ensue as wo�ld 6�ye'eii,sucd ift.be prop�ny, had:ooen &il,l�' r or a sum equal to the residue of capital.c,weridiluri: mi the_propcrty still unredeemed imm';(liat,c,Iy lx;.(o.re the sale . • .. , ... . , -. , ' ' . . •, ,. FOURT!il SCHEDULE (Section U}4) ' ·, . · ·-.,• RtJ'ORTS, RECORDS A)ll).J )IFORMATION • '1' 1 ' , • · , : } f;, , · , , / : 1 ', , : , ,, I. (I) S,upjcct to sub-paragraph (2), \he holder of a prospecting · • . · . · · Jccncc- . .. ... ·, •. - , • , . Records 10 be kepi by holder ·. ]' of prospecting licencc .. Mines and Minerals [No. 31 of 1995 355 ( a) shall keep. at the address reforrcd to in section one hundred and four, to the satisfaction of the Minister, full and accurate records of his prospecting operations, which shall show- (i) horeholes drilled: (ii) strata penetrated, with detailed logs of U1e strata; (iii) minerals discovered: (iv) the results of any seismic survey or geochemical or geophysical analysis: (v) the resulLN>f any analysis or identification of minerals;- (vi) the geological interpretation of the records main tained under items (i) to (v) inclusive: (vii) the number of persons employed; (viii) other, work done in connection with the pros pecting licence: (ix) cosL� incurred: and (x) such-other matters as may be prescribed by the Minister by statutory instrument. (2)The Ministe_r may, on application made to him by the holder of a prospecting licence, dispense with or modify all or any of the requirements of sub-paragraph (I).

Section 6Verify source

§ 2The holder of a large-scale mining licence shallProvision

The holder of a large-scale mining licence must keep specified records and reports, and give them to the Minister when required, including an annual financial report within three months after each financial year end.

2. The holder of a large-scale mining licence shall- (a) keep, at the address referred to in section one hundred and four, complete and accurate technical records of his operation in the mining area, in such form as the Minister may approve; (b) keep at that address copies of all maps, geological reports, including 'interpretations, mineral analyses, aerial pho tographs, ore logs, analyses and tests and all other data obtained and compiled by the tiolder In respect of the mining_ area; (c) keep at that address accurate •no systematic financial records, of his operations in the mining area and such other books of account ang financial records as tbe Minister may require and, if the holder is engaged in any other.activity not connected with his mining operations, maintain separate books of ac_counts in respect of his mining operations: Records to be kept by noldcr of large-scale mining licence r • I 356 No. 31 of t 995] Mines and Minerals Records to be kept by holder of prosp:!cting permit Records to be kept by holder of small.scale mining licence or artisan's mining right All holders to keep environmen tal records Surrender of records on termination of mining right (d) submit to the Minister such reports, records and other information as the Minister may, from time to time, require concerning the conduct of operations in the mining area; and ( e) furnish the Minister with·a copy of every annual financial report within three months of the end of each financial year showing the profit or loss for the yea'r and the state of the financial affai rs of the holder at the end of each financial year.

Section 2Verify source

§ 3The holder of a prospecting permit shall keep at the addressProvision

The holder of a prospecting permit must keep specified records, or other records endorsed on the permit, at the address referred to in section 104.

3. The holder of a prospecting permit shall keep at the address referred to in section one hundred andfourthe records specified in paragraph I of this Schedule or· such other records as may be endorsed on his permit.

Section 3Verify source

§ 4The holder of a small-scale mining licence or artisan 'sProvision

The holder of a small-scale mining licence or artisan's mining right must keep certain records and send specified reports or other endorsed records to the local office.

4. The holder of a small-scale mining licence or artisan 's mining right shall keep at the address referred lo in section one hundred and five such records, and furnish to the local office the. reports specified in paragraph 2 of this Schedule or such other records and reports as may be endorsed on the licence or permit.

Section 4Verify source

§ 5Every ho\der of a mining right shall keep and preserve, forProvision

A holder of a mining right must keep and preserve the prescribed environmental records for the period set by the Minister by statutory instrument.

5. Every ho\der of a mining right shall keep and preserve, for such period as may be prescribed by the Minister by statutory instrument. the records so prescribed in relation to the protection of the environment.

Section 5Verify source

§ 6(1) WhereRepeal

When a mining right or related licence ends, the former holder must hand over specified records, plans, maps, and other documents to the Minister or the local Mines and Minerals office.

6. (1) Where- (aJ a mining right terminates by abandonment, curtailment, suspension. cancellation or other action under this Act; or (b) the term of a licence granted under Part III expires; the person who was the holder of the mining right immediately before the termination or expiration shall deliver to the Minister- (i) all records which the former holder maintained under this Act with respect to the licence; (ii) all plans or maps of the area ofland that was subject to the mining right and which were prepared by or on the instructions of the former holder; and (iii) such other documents as the Minister may, by notice given to the former holder require him to so deliver. (2) Except as provided by sub-paragraph (1), where a mining right granted under Part IV or Part VII terminates or expires,. the person who was the holder of the right shall deliver to the local Mines and Minerals [No. 31 of 1995 357 office all records which he was required to kecpunderthisSchedule and au plans or maps of the prospecting or mining operations on such area. FIFTH SCHEDULE (Section /09) SAVINGS AND TRANSITIONAi. PROVISIONS J. ln this Sehedulc-- Interpreta tion "appointed date " means the date on which this Act comes into force; " interim period " means a period beginning with the ap pointed date and" ending on the first anniversary of the appointed date; ·· interim licence " means a licence that a person is deemed, by the operation of this Schedule, 10 hold, and " interim licensee " shall be construed accordingly; " repealed Act " means the Mines and Minerals Act, repealed Cap. 329 by this Act.

Section 6Verify source

§ 2Any person who, immediately before the appointed date, wasRepeal

Certain holders of mining rights or mining permits are treated as having become holders of an interim licence on the appointed date.

2. Any person who, immediately before the appointed date, was the·holder of a mining right or a mining pcnnit under the repealed 20Ac1 shall be deemed 10· have ·become on the appointed ·date the holder of an interim licence.

Section 2Verify source

§ 3(I) During the interim period, the holdcrof an interim licenceProvision

A holder of an interim licence may keep carrying on the same operations during the interim period, with the same rights and liabilities, and may apply for a mining right.

3. (I) During the interim period, the holdcrof an interim licence is ·authorised to carry on the operations which he was authorised to ca}')' on immediately before the appointed date under the mining right or mining permit of which he was the holder; and in carrying on those operations the holder of the imerim licence shall in respect of those operations enjoy the same right.� and be subject to the same liabUities as if lhe·rcpealed Act were still in force. (2) At any time during the interim period, lhe holder of an interim licence may apply for and, subject to this Schedule, shall be granted a mining right under this Act.

Section 3Verify source

§ 4(I) The holderof an interim licence who, immediately beforeCommencement

An interim-licence holder meeting the stated preconditions may apply for specified replacement mining licences; in one case, the Minister may refuse a small-scale application and require a large-scale one.

4. (I) The holderof an interim licence who, immediately before the appointed date. held a prospecting licence or an exploration licence under the repealed Acl shall be entitled. at his election, to apply for and be granted under this· Act. in respect of the area covered by his interim licence- ( a) a prospecting licence; (b) a prospecting permit; Rights and perm.its under the repealed Act converted to interim licences Authority conferred by interim licences lloldcrs or prospcaing licences or exploration licc:nccs w\dct lhc repealed Ad \ 358 No. 31 of 1995) Mines and Minerals (c) a gemstone licence; or (d} a small-scale mining licence. Hold�rs of mining JiccncCS (other .than for builcijng or indusll'iaf materials) · · under the •rcpc_alcd Acl (2) A prospecting licence granted under this paragraph shall be deemed to have been granted on the date on which the licence under the repealed Act was granted, and shajl remain in force, subject to this Act, for a period equal to the unexpired period of the licence held under that Act. · (3) A prospecting pennil, gemstone licence or small-scale min ing licence granted under this paragraph shall run from the dale of iL� grant. (4) On the renewa_l of a prospecting licence granted under this · paragraph, the provisions of Section.fifteen of this Act relating to · relinquishment shall have no application. S. ( 1 ) The holderof an interim licence who, immediately before the appointed ,;late, held a mining licence under the repealed Act (other than a .mining licence for building or industrial minerals under Part VIII of1ha1 Act) shall be entitled_ at his election 10 apply for and be granted, in respect of the area covered by his interim lkcnce- (aJ a large-sc_alc mining l i cence; (,'J) a small-scale mining licence; or (c)) a gemstone licence. (2) A largc�scalc mining licence granted under this paragraph shall- (aJ remain in force, subject to this Act, for a period equal 10 the unexpired_ period of the mining·licence held under the repealed Act which remained al the appointed date; (b) require compliance with the programme of development and mining operations which was appended to the licence under the repealed Act; (c) require co.mpliancc with an environmental plan drawn up by the holder of the interim licence whi�h shall be -approved by the Minister and fonn part of the conditions of the licence i f it meets the requirements of this Act: Provided that, i f the Minister considers that the environmental plan does not meet those require ments, the mailer or matters in dispute shall be referred 10 an independent ci.pcrt chosen by agree- L. ... Mines andM/iieraL, /No. 3'1 or 1995 359 ·· • : ' , -··· ,', ., :. f 'i . ·' .,. . ! · between Ilic Minister ·and holder of the interim Ii- . c.cncc. ,whosc,dccision-"shall lie biMing; and·in the , · e��n�Jha;•th�Ministcr.aqd uicJ1oldct0f the interim . lice9cl! 'l);C:\rnabl.c to ag�ee,on.itic choiccPf thc expert, . the cxp<!rt shall,bc. cho�cn by,the High Court. -,.- - . . ··. .. 1 _ ; ,r•,·: ,, �•- . (3) A small-scale mining. licence,granted .. undcr tlji& paragraph :• �'.�,' -•, �; ! ·.•• • __ :• �:•)��}��. ,: . · .. . ,., .. . . '"(aJ remafn in ro·rce, subject to this,P,.ct; fo.r &uch period. not exceeding ten years. asmay Ix/appii�d fdr by the holder of the interim licence: and '. �·: i·•\J.'. ·: .. : , , • ., .• • • . (b) require compliance with the programme of development and mining operations which was appended to the min ing licence under the repealed Acl. (4) A gemstone licence granted under this paragraph shall- (aJ be granted for�uch period, nm exceeding ten years, as may be applied for by the holder or the interim licence. provided that for the purpose or calculating the rem payable under section secenty-chrec of this Act. the licence shall be treated as though the term of the licence had commenced one year he fore the d:!_lc on which the licence was granted: and (b) require compliance with lhe progrnmme of development and mining operations which was appended to the min ing licence under the repealed Acl. (5) Where the holder of an interim licence who, immediately before the appointed date. held .i mining licence under the repealed Act elects 10 apply for a small-scale mining licence or a gemstone licence under this Act. the Minister may, if the holderofthe interim licence has before the appointed dale been carrying on mining operations on a substantial scale, reject the application for a small scale mining licence and require the holderofthe interim licence 10 apply for a large-scale mining licence. and in any such case the provisions set out in this paragraph shall apply as though life holder oflhe interim licence had elected to apply for a large-scale mining licence.

Section 4Verify source

§ 6(!)The holderof an interim licence who, immediately beforeRepeal

An interim-licence holder who previously held a qualifying mining licence or permit may apply for, and must be granted, a small-scale mining licence for the area covered by the interim licence.

6. (!)The holderof an interim licence who, immediately before the appointed date, held a mining Jicence or a mining permit for building or industrial minerals granted under Pan VIII of the repealed Act may apply for, and shall be granted, in respect of the area covered by his interim ·licence, a small-scale mining licence under Pan IV of this Acl. Holders of mining licences for building or industrial materials under the repealed Act 360 No. 31 of 1 995) Mines and Minerals (2) A small•scale mining liccni;e granted underlhis paragrapl'l- (a) shall be granlCd for such period a.� may be applied for, but not exceeding the unexpi!td period of the mining li cence which remained 11 ll!C appointed date,orten years, whichever is greater; anil (b) shall require compliance With such conditions as may liave been attached to-the I icencc or pcnnit gl'atlte<I under the repealed Act

Section 6Verify source

Legislative relationships

8 referenced instruments

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A–F

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A licence or permit holder must not use rights under the Act
Section 56
Cap. 329 and-savings This section defines terms used in the Act
Section 109
Committee. (3) Before exercising any power under this Act
Section 88
Forests Act
Section 61

G–M

1 instrument

Mineral Royalty Tax Act
Section 97

N–S

2 instruments

Pan VI of the Fifth Schedule to the Income Tax Act
Section 4
Section.fifteen of this Act
Section 4

T–Z

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Titles) Act
Section 87

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Mines and Minerals Act, 1995

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