Mines and Minerals Act, 1995

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.

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

Authority is required for prospecting or mining.

Certain persons are disqualified from holding mining rights.

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

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

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

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.

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.

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.

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

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

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.

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

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

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

Section title: rights conferred by a retention licence.

Section heading on renewal of a retention licence.

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

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

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.

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

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

Section 28 is titled “Suspension of production.”

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.

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.

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

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

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.

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.

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

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.

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

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.

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.

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

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.

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

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

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

This section refers to notice of discovery.

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

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

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

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

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

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

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

This provision states an obligation to give notice of discovery.

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

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

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

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

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

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

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

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

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

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.

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

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

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.

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.

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

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.

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

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.

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

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

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

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

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

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.

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

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

Rights under a licence or permit must be exercised reasonably.

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

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

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.

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.

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.

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.

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

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

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

Section 65 is titled “Rights to building materials.”

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.

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.

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.

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.

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

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

This section states a prohibition on the disposal of minerals.

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

This provision concerns rent for small-scale mining licences.

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

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

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

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

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

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.

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.

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.

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

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.

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

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

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

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

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

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

Section heading for appointment of a director and other officers.

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

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

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.

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

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.

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.

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.

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.

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.

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.

Section 91 concerns appeals against decisions of the local office.

Section title: appeals against decisions of the Director.

This section concerns appeals relating to licences under Part III.

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

Section 97 is about relief from customs and excise duties.

This section is about relief from mineral royalty tax.

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

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.

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

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

Section heading: reports, records and information.

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

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

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.

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.

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.

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

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.

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.

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

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.

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.

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

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.

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.

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.

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

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.

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.

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

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.

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

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.

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

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.

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

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.

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.

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

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.

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

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%.

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.

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.

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.

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.

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

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.

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

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.

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.

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.