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Mines and Minerals (Amendment) Act, 2007

This provision amends the principal Act by adding references to mineral processing operations and mineral processing licences. Section 7(2) is amended to add a new category: an individual or company whose operations…

application requirementscash depositscompensation for land damagecontractingcorporate controldispute settlementenvironmental complianceenvironmental impact assessmentenvironmental impact studygovernment agreementsincident reportinglegislative amendmentlicence applicationlicence cancellationlicence obligationslicence renewalBusiness registrationmineral processingmineral processing licencemineral processing licencesmineral productionminingmining operationsmining rightmining rightsministerial consentplant removal complianceprospectingrehabilitationreliefroyaltiesshare transfersstatutory amendmenttransfer restrictions
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Zambia
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38 provisions
Citation
Act 6 of 2007
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01

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“This provision amends the principal Act by adding references to mineral processing operations and mineral processing licences.”

This provision amends the principal Act by adding references to mineral processing operations and mineral processing licences. Section 7(2) is amended to add a new category: an individual or company whose operations consist solely of mineral processing. This provision amends section 8 of the principal Act to add reference to mineral processing licences. This section amends the principal Act to define “development agreement” and allow such agreements to set terms binding on the Government for large-scale mining licences, but not for fiscal matters. This section amends the principal Act by inserting “or mineral processing licence” after “right” in section 11 and by adding “AND MINERAL PROCESSING LICENCES” to the Part II heading after “RIGHTS”.

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The holder of a mineral processing licence

A mineral processing licence holder must start operations within the required time, notify the Minister of mineral recoveries within 30 days, and spend at least the amount required by the licence; any spending gap must be explained.

Section 28F

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Showing 38 of 38 provisions

Amendment 15Substitution 10Repeal 6Commencement 4
§ 3Sectionfllle of the principal Act is amended in subsectionAmendment

This provision amends the principal Act by adding references to mineral processing operations and mineral processing licences.

3. Sectionfllle of the principal Act is amended in subsection (I)by- (a) the insertion after the word" operations" of the words · � or mineral processing operations "; and . ' (b) the insertion after t\l,e word " right " of the words "or mineral processing licence ". Amendment of section 7
Section 3Verify source
§ 4Section seven of the principal Act is amended inSubstitution

Section 7(2) is amended to add a new category: an individual or company whose operations consist solely of mineral processing.

4. Section seven of the principal Act is amended in subsection (2)- (a) by the deletion of the word" or" at the end of paragraph ( c); (b) by the deletion of the full stop at the end of paragraph (d) and the substitution therefor of a colon and the word " or"; and (c) by the insertion after paragraph (d) of the following new paragraph: (e) individual or company whose operations consist solely of mineral processing.
Section 4Verify source
§ 5Section eight of the principal Act is amendedAmendment

This provision amends section 8 of the principal Act to add reference to mineral processing licences.

5. Section eight of the principal Act is amended- (a) in the side note by the _insertion· after the word" rights " of the words" or mineral processing licences"; and (b) in subsection (1) by the !Iisertion after the words " mining right", wherever they appear, of the words " or mineral processing licence ,,_- Amendment of section 8 Amendment of section 9
Section 5Verify source
§ 6Section nine of principal Act is amended-­Substitution

This section amends the principal Act to define “development agreement” and allow such agreements to set terms binding on the Government for large-scale mining licences, but not for fiscal matters.

6. Section nine of principal Act is amended-­ (a) in subsection (1) by the deletion of the word" Republic "and the substitution therefor of the word·'' Government 0 ; (b) by the deletion of subsection (2) and the substitution therefor of the following subsection: (2)An agreenientreferred to in subsection (I }shall be known as a development agreement and may, subject to the provisions of the Jaw, contain pri;ivisions binding on the Government in relation to-;- C Mines and Minerals [No. 6 of2007 143 (a) mining operations under a large-scale mining licence, or the financing of any 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; (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; and (d) .matt;rs connected with or incidental to the foregoing: Provided that a development agreement shall not contain provisions relating to fiscal matters -· \ . 7. Section ten of the principal Act is amended- . (a) in the side note by the insertion after the word " rights " pf the words '.' or mineral processing licences " ' (b) in subsection (I) by the insertion after the word " right " of the words " or mineral processing licence"; and (c} in subsection (2) by the insertion after the word " right" of the.words " or mineral processing licence".
Section 6Verify source
§ 8Section eleven of the principal Act is amended by theAmendment

This section amends the principal Act by inserting “or mineral processing licence” after “right” in section 11 and by adding “AND MINERAL PROCESSING LICENCES” to the Part II heading after “RIGHTS”.

8. Section eleven of the principal Act is amended by the insertion after the word" right", wherever-it appears, of the words " or mineral processing licence". . 9. · Part II of the principal Act is amended in the beading by the insertion of the words " AND MINERAL PROCESSING LICENCES " after the word "RIGHTS ". \ ,
Section 8Verify source
§ 10The principal Act is amended by the insertion afterAmendment

This section amends the principal Act by inserting a new Part after Part III.

10. The principal Act is amended by the insertion after Part ill of the following new Part: PARTIDA MINERAL PROCJJSSING OPERATIONS Mineral Processing Licences Amendment of section 10 Amendment of section 11 Amendment of Part II Insertion· of new Part.ill A
Section 10Verify source

Part

Part II

§ 28AA mineral processing licence confers on the holder �Provision

A mineral processing licence gives the holder exclusive rights to process the specified minerals in the mineral processing area and to do incidental acts needed for those operations.

28A. A mineral processing licence confers on the holder � <Jfthe licence exclusive rigb,ts ·to carry on mineral processing conferred in the mineral processing area for �e minerals specified in by mineral t;he licei;,,ce ljlld to do all such oilier acts and thin� as :are.,. . necessmy fo_t, or reasonably incidental to the canymg on of -�g those·operat1ons. .- . r \. \ -· . ---------- .. . ... -·----·· 144 No. 6 of2007] Mines and lvfinerals Application for mineral processing licence 28 B. (1) An application for a mineral processing 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 ofan applicant who is an individual, the applicant's 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) a full description of the area of land over which the licence is sought, including its surrounding settlements or developments and a plan of the area prepared in such manner and showing such particulars as the Minister may reasonably require; (c) a statement of the minerals to be processed; (d) a copy of the applicant's title to the land or written consent from a surface right holder or mining right holder; (e) the proposed programme for mineral processing operations including a forecast of plant capacity, capital investment, facilities, mineral processing methods and the estimated mineral recoveries; (/) an environmental management plan approved by the Environmental Council of Zambia in accordance with section ninety-six of the Environmental Protection and Pollution Control Act including the applicant's proposals for the prevention of pollution, the treatment o f waste, the protection and reclamation of land and water resources, and for eliminating or minimising the adverse effects on the environment o f the mineral processing operations; and (g) such further information as may be prescribed by the Minister by statutory instrument. .(3) The applicant shall commission and produce ·to the Minister an environmental impact study on the proposed mineral processing operations· approved by the Environmental Council of Zambia. Cap. 204 ) Mines and Minerals [No. 6 of2007 145 Persons disqualified from holding mineral processing licences
Section 28AVerify source
§ 28C(1) A mineral processing licence shall notCommencement

The Minister must grant a mineral processing licence within 60 days unless specified disqualifying or priority-based exceptions apply, and the licence must include required details and conditions.

28C. (1) A mineral processing licence shall not be granted to or.held by- (a) an individual who- (i) is uncler 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 agreement or scheme of composition with the individual's creditors, or talces advantage of any legal process for the relief of bankrupt or insolvent debtors; or Grant of mineral processing lic.ence (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 amalgamation with another company. (2) Any document· or transaction purporting to grant a mineral processing licence to any person not entitled to hold the licence shall be void and of no effect. 28 D. (1) The Minister shall, within sixty days ofreceipt of an application referred to in section twenty-eight B, grant a mineral processing licence to the applicant, unless- (a) the Minister considers that the applicant has not satisfied the requirements referred in section twenty-eight B; (b) the applicant is disqualified from holding a mineral processing licence under this Act; (c) the applicant is the holder of another mineral processing licence and is in breach of any condition of that licence, any of the provisions of this Act or any regulations in relation thereto; (d) the area of land for· which the applicant has. made an application or a part of it is subject to another mineral processing licence, extends to, or is included in an area in respect of which the Director has granted preliminary investigation rights on conditions which impose work or expenditure obligations, unless in any such case the applicant is the holder of that mineral processing licence; or (e) the area ofland for which application has been made covers or includes an area of hµ1d for · which an application has been made by another person who has priority over the applicant ) I. ) 146 No. 6 of2007J lvfines and Minerals (2) A mineral processing licence shall - (a) state the date of.the grant of the licence, the period for which it is granted, not exceeding seven years, 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 mineral processing area. (3) There shall be appended to a mineral processing licence a programme of mineral processing operations, as accepted by the lviinister, which shall form part of the conditions of the licence. (4) In determining the date for the commencement of the licence, the Minister may iake account of any period not exceeding twelve months :from the date of the grant which is required by the applicant to make any ne-,essary preparation for mineral processing operations.
Section 28CVerify source
§ 28E(l) A mineral processing licence shall on applicationProvision

On application, the Minister must renew a mineral processing licence for up to seven years if the holder meets the stated conditions.

28E. (l) A mineral processing licence shall on application be renewed by the Minister for such period not exceeding seven years as the licensee may require, if the holder of the licence- (a) undertakes to carry out during the renewal period, an adequate programme of mineral processing operations; (b) is not in breach of any condition of the licence or in breach of any of the provisions of this Act or the regulations in reiation to the licence: Provided that the Minister shall not reject an application for renewal for reasons contained in this paragraph unless the applicant has been given details of the applicant's default and has failed to remedy the default within such reasonable time as the Minister has allowed or, where a default is not capable of the remedy, has not offered in respect thereofreasonable compensation.
Section 28EVerify source
§ 28FThe holder of a mineral processing licenceCommencement

A mineral processing licence holder must start operations within the required time, notify the Minister of mineral recoveries within 30 days, and spend at least the amount required by the licence; any spending gap must be explained.

28F. The holder of a mineral processing licence-- Renewal of mineral �rocessing licence Obligations ofholdor of mineral processing licence . . ( Mines and Minerals [No. 6 of2007 147 (a) shall commence mineral processing operations within twelve months, or such further period as the Minister may allow after the 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 mineral recoveries within thirty days of the recovery; and (c) shall expend on mineral processing operations not less ·than the amount prescribed or required by the terms and conditions of the licence to be so expended: Provided that where there is a disparity 6etween the amount prescribed or required by the terms and conditions of the licence to be so yXpended and what is actually expended, the holder of the mineral processing licence shall account for the disparity.
Section 28FVerify source
§ 28GAny person who prior to the commencement of thisCommencement

Certain people involved in mineral processing must apply for a mineral processing licence within 90 days of commencement.

28G. Any person who prior to the commencement of this Act- (a) is a holder of a large scale mining licence issued under Part ill but is involved solely in mineral processing; or (b) is carrying out mineral processing operations without a licence; shall be required to apply for a mineral processing licence within ninety days of the commencement of this Act. Requirement of person involved in mineral processing to obtain mineral processing licence
Section 28GVerify source
§ 11Section forty-six of the principal Act isAmendment

This section amends section 46 of the principal Act by adding “or mineral processing operations” after “operations” and “or Part III A” after “Part III”.

11. Section forty-six of the principal Act is amended- Amendment of section 46 (a) in paragraph (a) of subsection (1) by the insertion after the word " operations " of the words " or mineral processing operations "; and (b) in subsection (2) by the insertion after the words " Part ill " of the words " or Part ill A ".
Section 11Verify source
§ 12Sectionfifty of the principa!Act is amended by the deletionSubstitution

This amendment replaces subsection 50(4) with a rule allowing the Minister to cancel a licence or permit by written notice if an event makes the holder ineligible to keep a mining right or mineral processing licence.

12. Sectionfifty of the principa!Act is amended by the deletion of subsection (4) and the substitution therefor of the following subsection: Ame ndment of section 50 148 No. 6 of2007] Mines and Minerals Insertion of new section 52 A Termination of mineral processing licence for insufficient production Amendment of section 54 (4)The Minister may, by notice in writing to a holder of a licence or permit, cancel the licence or permit on the occurrence of an event which, as provided by section seven or section twenty-eight C, renders that person ineligible to hold a mining right or mineral processing licence.
Section 12Verify source
§ 13The principal Act is amended by the mstltion immediatelyAmendment

This section amends the principal Act by adding a new section after section 52.

13. The principal Act is amended by the mstltion immediately ·after sectionf!fiy-two of the following new section:
Section 13Verify source
§ 52AWhere any holder of a mineral processing licenceProvision

The Minister may cancel a mineral processing licence if the holder does not follow the proposed mineral processing programme and, for three successive years, recovers less than 50% of the minerals expected under the estimated recovery rate.

52A. Where any holder of a mineral processing licence has failed to carry out mineral processing operations in accordance with that holder's proposed programme of mineral processing operations and ,for a period of three successive years has recovered less than fifty per centum of the minerals which should have been recovered under that holder's e,s_timated recovery rate, the Minister may cancel that holder's licence.
Section 52AVerify source
§ 14Sectionfifty-four of the principal Act is amendedSubstitution

This section amends section 54 and says a mining right or mineral processing licence must not be transferred to a person disqualified under section 7 or section 28C from holding that right or licence.

14. Sectionfifty-four of the principal Act is amended- (a) in paragraph (a) of subsection (1) by the insertion after the words " Part III " of the words " or Part III A "; (b) by the deletion of. subsection (4) and the substitution therefor of the following subsection: (4) No mining right or mineral processing licence may be transferred to a person disqualified under section seven or section twenty-eight C from holding that right or licence; and Amendment of section 55 (c) in subsection (6) by the insertion after the word " right " of the words " or mineral processing licence ".
Section 14Verify source
§ 15Sectionflfty-:frve of the principal Act isSubstitution

A company holding a mining right or mineral processing licence must not transfer shares or make control-giving agreements without the Minister’s written consent.

15. Sectionflfty-:frve of the principal Act is amended by the deletion of subsection (1) and the substitution therefor of the following subsection: (1) A company that holds a mining right or a mineral processing licence shall not, after the date of the grant of the ., right or licence, without the written consent of the Minister- (a) register the transfer of any share or shares in the company to any particular person or that person's 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. Mines and Minerals [No. 6 of2007 149 Amendment of section 61 \
Section 15Verify source
§ 16Section sixty-one of the principal Act is amendedSubstitution

Section 61 is amended so that, when prospecting, mineral processing, or mining causes land-rights disturbance or damage to crops, trees, buildings, stock, or works, the mining-right owner or mineral-processing-licence holder must pay fair and reasonable compensation.

16. Section sixty-one of the principal Act is amended- {a) by the deletion of the words " Whenever in the course of prospecting or mining operations any disturbance of the rights of the owner or occupier of land or damage to any crops, trees, buildings, stock or works thereon is caused, the owner of the mining right by virtue of which such operations are or were carried out shall be liable to pay to such owner or occupier fair and reasonable compensation for such disturbance or damage according to their respective rights or interest, if any, in the property concerned:" and the substitution therefor of the words "Whenever in the course of prospecting, mineral processing or mining operations any disturbance of the rights of the owner or occupier of land or damage to any crops, tre.es, buildings, stock or works thereon is caused, the owner of the mining right or holder of a mineral processing licence, as the case may be, by virtue of which such operations are or were carried out shall be liable to pay to such owner or occupier fair and reasonable compensation for such disturbance or damage according to their respective rights or interest, if any, in the property concerned "; and {b) by the insertion in paragraph (b) of the proviso of a comma and the words " mineral processing "after the word " prospecting ".
Section 16Verify source
§ 17The principal Act is amended by the repeal of sectionRepeal

This section amends the principal Act by repealing section 66 and replacing it with a new section.

17. The principal Act is amended by the repeal of section sixty-six and the substitution therefor of the following new section:
Section 17Verify source
§ 66(I) The holder of a large-scale mining licence, small­Commencement

Mining licence holders must pay royalty to the Government at the listed rates, and certain pre-2007 development-agreement companies must renegotiate their royalty rate.

66. (I) The holder of a large-scale mining licence, small­ scale mining licence, gemstone licence or an artisan's mining right shall in accordance with the licence and this Act pay to the Government a royalty at the rate of-- �':!lea! and .acement r ;it' �ection 66 Royalties on production of minerals {a) three per centum of the gross value of the base metals produced under the licence; (b) five per centum of the gross value of the gemstones or precious metals produced under the licence; or {c) two per centum of the gross value of the minerals other than the minerals referred to in paragraphs (a) and (b) produced under the licence; as the case may be: . .... 150 No. 6 of2007J Mines and Minerals Provided that a company which is party to a development agreement signed prior to ! st April, 2007, shall after the commencement of this Act renegotiate with the Government the rate of mineral royalty to be paid by such company to the Government and any such rate which is agreed upon in the negotiations shall be the rate payable under the development agreement. (2) In this section- " gross value " means the realised price for a sale free-on-board, at 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, a notice may be given to that effect to the licensee, and the amount of the gross value shall be determined in accordance with mechanism contained in section ninety­ seven A to ninety-seven D of the Income Tax Act. 18, Section seventy of the principal Act is amended- (a) in the side note by the insertion after the words " Part III " of the words " and Part III A"; and (b) in subsection (I) by the insertion after the words " retention licence '' of a comma and the words " mineral processing licence ".
Section 66Verify source
§ 19The principal Act is amended by theRepeal

This section amends the principal Act by repealing section 75 and replacing it with a new section.

19. The principal Act is amended by the repeal of section seventy-five and the substitution therefor of the following section:
Section 19Verify source
§ 75In deciding whether or not to grant anyRepeal

When deciding whether to grant a mining right or mineral processing licence, the Minister must consider environmental and related cultural or geological factors, and may order impact studies in consultation with the environment minister.

75. In deciding whether or not to grant any mining right or mineral processing licence, the Minister shall take into account the need to conserve and protect - Cap. 323 Amendment of section 70 Rej>eal and �?lacement sec tion 75 Environment to be considered when granting mining rights or mineral processing licences Mines and Minerals [No. 6 of2007 151 (a) the air, water, soil, flora, fauna, fish, fisheries and scenic attractions; and (b) the features cultural, architectural, archaeological, historical or geological interests; in or on the land over which the right or licence is sought; and the Minister may in consultation with the Minister responsible for environment, cause such environmental impact studies and other studies to be carried out as the Minister considers necessruy to enable such a decision to be made. lacement Repeal and �( section 76 Co nditions for protection of environment \
Section 75Verify source
§ 20The principal Act is amended by the repeal of sectionRepeal

This section amends the principal Act by repealing section 76 and replacing it with a new section.

20. The principal Act is amended by the repeal of section seventy-six and the substitution therefor of the following section:
Section 20Verify source
§ 76The conditions subject to which the mining right orAmendment

The Minister may set conditions for granting or renewing a mining right or mineral processing licence, including environmental protection, rehabilitation, and site-sealing measures.

76. The conditions subject to which the mining right or mineral processing licence 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- (q) the conservation and protection of.- (i) the air, water, soil, flora, fauna, fish, fisheries and scenic attractions; and (ii) the features of cultural, architectural, archeologicaJ, historical or geological interest; in or on the land subject to the right or licence; (b) the rehabilitation, leveling, 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, mining operations or mineral processing operations; and (c) the filing in, sealing or fencing off of excavations, shafts and tunnels. (2)Any conditions of the kind referred to in subsection ( l)- (a) shall conform to specifications and practices established by national standards for the management of the environment as it is affected by mining or mineral processing operations; and ' ... 152 No. 6 of 2007] Mines and Minerals Amendment of section 77 (b) may include requirements for the lodgement, by an applicant for the grant or renewal of a licence or permit, of one or more cash deposits for securing the performance by such applicant of all or any such conditions.
Section 76Verify source
§ 21Section seventy-seven of the principal Act is amended­Substitution

This section amends section 77 so the Director of Mine Safety may give written notice to certain mining-right or mineral-licence holders to take specified steps for environmental compliance.

21. Section seventy-seven of the principal Act is amended­ (a) in the side note by the insertion after the word " right " of the words " or mineral processing licence "; and (b) by the deletion of subsection (I) and the substitution therefor of the following subsection: (l) The Director of Mine Safety may cause to be served on a person who is or has been the holder of a mining right or mineral processing licence, a written notice directing the person to take specified steps within a specified time, to give effect to any conditions included in an environmental plan, development agreement or otherwise attaching to the right or licence for the protection of the environment. Amendment of section 79
Section 21Verify source
§ 22Section seventy-nine of the principal Act is amended­Substitution

A mining right or mineral processing licence holder may remove mining plant within the prescribed period, and must remove it if the Director of Mine Safety gives written notice.

22. Section seventy-nine of the principal Act is amended­ (a) in the side note by the insertion after the word " plant " of the words " or mineral processing plant "; (b) by the deletion of subsection (!)and the substitution therefor of the following subsection: (I) The holder of a mining right or mineral processing licence over land that ceases to be subject to the mining right or mineral processing licence--- (a) may within the 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, canse to be removed from the land any mining or mineral processing plant brought onto, or erected upon that land in the course of mining or mineral processing operations carried out under the mining right or mineral processing licence. Mines and Minerals (No. 6 of2007- 153
Section 22Verify source
§ 23Section eighty of the principal Act is amendedAmendment

The provision amends Section 80 so references to “plant” are expanded to include “mineral processing plant.”

23. Section eighty of the principal Act is amended- (a) in the side note by the insertion after the word " plant " of the words " or mineral processing plant "; and ( b) ·by the insertion after the word " plant ", wherever it appears, of the words " or mineral processing P,lant ".
Section 23Verify source
§ 24Section eighty-three of the principal Act is amended inAmendment

This provision amends section 83(2) of the principal Act by adding the words “mineral processing” after “exploration”.

24. Section eighty-three of the principal Act is amended in subsection (2) by the insertion after the word " exploration " of a comma and the words " mineral processing ".
Section 24Verify source
§ 25Section eighty-five of the principal Act is amended by theAmendment

Section 85 is amended to add the words “or mineral processing licence” after “right”.

25. Section eighty-five of the principal Act is amended by the insertion after the word "right'' of the words " or mineral processing licence ". Amendment of section 80 Amendment of section 83 Amendment of section 85
Section 25Verify source
§ 26Section eighty-nine of the principal Act is amended inAmendment

This section amends section 89 of the principal Act by adding “or mineral processing licence” after the word “right” wherever it appears in subsection (I).

26. Section eighty-nine of the principal Act is amended in subsection (I) by the insertion after the word " right ", wherever it appears, of the words "or mineral processing licence ". Amendment of section 89
Section 26Verify source
§ 27Section ninety-three of the principal Act is amended­Amendment

This provision amends section 93 by inserting “and Part III A” in the side note and in subsection (1).

27. Section ninety-three of the principal Act is amended­ (a) in the side note by the insertion after the words " Part Ill " of the words "and Part III A "; and Amendment of section 93 (b) in paragraph (a) of subsection (1) by the insertion after the words " Part m·,, of the words " and Part III A ".
Section 27Verify source
§ 28Section ninety-four of the principal Act is amended inAmendment

This provision amends section 94 of the principal Act by adding the words “or mineral processing licence” after “right” in subsection (1).

28. Section ninety-four of the principal Act is amended in subsection (1) by the insertion after the word " right " of the words " or mineral processing licence ".
Section 28Verify source
§ 29Section ninety-seven of the principal Act is amended inSubstitution

Relief given to a holder of a mining right must not be extended to that holder’s contractor or subcontractor.

29. Section ninety-seven of the principal Act is amended in subsection (1)- (a) by the deletion of the full stop at the end of the subsection and the substitution therefor of a colon; and (b) by the insertion after the colon of the following new proviso: Provided that any relief granted to a holder of a mining right shall not be extended to a contractor or subcontractor of the holder ofa mining right. 30, Section one hundred and one of the principal Act is amended- (a) in subsection (1 )- (i) by the deletion of the words "mining right granted under Part III " and the substitution therefore Amendment of section 94 Amendment of section 97 Amendment of section IOI L_ _____ --·· 154 Jfo. 6 of2007] ,. Mines and Minerals of the words " mining right or mineral processing licence granted under Part III or Part ill A, as the case may be "; and (ii) by the insertion in paragraph {b) of the words " or mineral processing licence " after the words " mining right "; (b) in subsection ( 4 }- (i) by the insertion after the word " right " of the words " or mineral processing licence "; and (ii) by the insertion after the word" operations " of the words " or mineral processing operations"
Section 29Verify source

Part

Part ill A, as the case may be "; and

§ 31Section one hundred and four of the principal Act isAmendment

This section amends section 104 of the principal Act to also refer to mineral processing licences.

31. Section one hundred and four of the principal Act is amended- (a) by the insertion after the words "mining rights ", wherever they appear, of the words " or mineral processing licences "; and (b) in subsection (2) by the insertion after the word" right " of the words" or licence ".
Section 31Verify source
§ 32Section one hundred and five of the principal Act isAmendment

This section amends section 105 of the principal Act by adding “or mineral processing licence” after “right” in three places.

32. Section one hundred and five of the principal Act is amended- (a) in paragraph (b) of subsection (1) by the insertion after the word" right " of the words "or mineral processing licence"; (b) in subsection (2) by the insertion after the word" right " wherever it appears, of the words " or mineral processing licence "; and (c) in subsection (3) by the insertion after the word " right "of the words " oi- mineral processing licence ".
Section 32Verify source
§ 33Section one hundred and eight of the principal Act isSubstitution

This section amends section 108 of the principal Act by updating the words used and replacing one paragraph with a new reporting rule for accidents and deaths.

33. Section one hundred and eight of the principal Act is amended in subsection (2}- (a) by the insertion in paragraph (e) of a comma and the words " mineral processing " after the word " prospecting "; and (b} by the deletion of paragraph (g), and the substitution therefore of the following paragraph: (g) the reporting of cases of accident and death occurring on any prospecting area or mining area Amendment of section 104 Amendmen t of section 105 Amendment of section 108 i [__ __ _ Mines and Minerals [No. 6 of2007 155 in connection with prospecting, mining or mineral processing operations.
Section 33Verify source
§ 34The principal Act is amended by the repeal of theRepeal

This section amends the principal Act by repealing the First Schedule.

34. The principal Act is amended by the repeal of the First Schedule.
Section 34Verify source
§ 35The Fifth Schedule of the principal Act is amended,Repeal

The Fifth Schedule is amended to add references to a mineral processing licence and mineral processing operations.

35. The Fifth Schedule of the principal Act is amended, ' in paragraph (2)- (a) by the insertion in the side note of the words " or mineral processing licence " after the word " licence "; and (b) by the insertion in subparagraph (c) of the words " or mineral processing operations" after the word " operations ". Repeal of First Schedule Amendment of Fifth Schedule
Section 35Verify source

Legislative relationships

6 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

G–M

2 instruments

  • Income Tax Act

    Section 66

  • Mine Safety gives written notice. 22. Section seventy-nine of the principal Act

    Section 22

N–S

2 instruments

  • of section This section amends the principal Act

    Sections 17, 20

  • principal Act

    Sections 3, 5, 6, 8, 10, 11, 13, 19, 24, 26, 28, 31, 32, 33

T–Z

2 instruments

  • This section amends the principal Act

    Section 34

  • Zambia in accordance with section ninety-six of the Environmental Protection and Pollution Control Act

    Section 28A

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