This section requires certain mining-right holders to pay mineral royalty, with different rates for open cast and underground mining, and also requires some non-holders who extract or possess minerals in the Republic to pay royalty.
133. (1) A holder of a large-scale mining licence, large-scale gemstone licence, small-scale mining licence, small-scale gemstone licence or an artisan’s mining right shall pay a mineral royalty at the rate of twenty percent for open cast mining operations and eight percent for underground mining operations of— Royalties on production of minerals Single copies of this Act may be obtained from the Government Printer, P.O. Box 30136, 10101 Lusaka, Price K4.00 each. Mines and Minerals Development 80 No. 11 of 2014] (Amendment) (a) the norm value of the base metals or precious metals produced or recoverable under the licence or right; and (b) the gross value of the gemstones or energy minerals produced or recoverable under the licence or right. (2) The mineral royalty payable on industrial minerals shall be at six percent of the gross value of the minerals produced or recoverable under the licence. (3) Notwithstanding subsections (1) and (2), a person who is not a holder of a mining right or licence who extracts minerals or is in possession of minerals extracted in the Republic is liable to pay mineral royalty at the rate of— (a) six percent of the gross value for industrial minerals; and (b) twenty percent of the norm or gross value for other minerals. (4) Where the Commissioner-General determines 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 arm’s length, between a willing seller and a willing buyer, the Commissioner-General may give a notice to that effect to the licensee and the amount of the gross value shall be determined in accordance with the mechanism contained in sections ninety- seven A to ninety-seven D of the Income Tax Act. (5) 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; “norm value” means— (a) the monthly average London Metal Exchange cash price per metric tonne multiplied by the quantity of the metal or recoverable metal sold; (b) the monthly average Metal Bulletin cash price per tonne multiplied by the quantity of metal sold or recoverable metal sold to the extent that the metal price is not quoted on the London Metal Exchange; or Cap. 323 Mines and Minerals Development (Amendment) [No. 11 of 2014 81 (c) the monthly average of any other exchange market approved by the Commissioner- General cash price per metric tonne multiplied by the quantity of the metal or recoverable metal sold to the extent that the metal price is not quoted on the London Metal Exchange or Metal Bulletin; and “open cast mining operations” includes winnings from tailings dumps or similar dumps and leaching. 8 2