Mines and Minerals Act

Link to law: http://www.parliament.gov.zm/node/1005
Published: 1995

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The Laws of Zambia

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REPUBLIC OF ZAMBIA

THE MINES AND MINERALS ACT

CHAPTER 213 OF THE LAWS OF ZAMBIA

CHAPTER 213 THE MINES AND MINERALS ACT

THE MINES AND MINERALS ACT

ARRANGEMENT OF SECTIONS

PART I PRELIMINARYPART I

PRELIMINARY

Section

1. Short title

2. Interpretation

3. Rights to minerals vested in the President

PART II MINING RIGHTS GENERALLYPART II

MINING RIGHTS GENERALLY

4. Acquisition of mining rights

5. Authority required for prospecting or mining

6. Types of mining rights

7. Certain persons disqualified from holding mining rights

8. Restrictions on mining rights

9. Development agreements

10. Priority of applications for mining rights

11. Survey of land

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PART III LARGE-SCALE MINING OPERATIONSPART III

LARGE-SCALE MINING OPERATIONS

Prospecting Licences

12. Rights conferred by prospecting licence

13. Application for prospecting licence

14. Grant of prospecting licence

15. Renewal of prospecting licence

16. Obligations of holder of prospecting licence

17. Removal of minerals

Retention Licences

Section

18. Rights conferred by retention licence

19. Application for retention licence

20. Grant of retention licence

21. Renewal of retention licence

22. Cancellation of retention licence

Large-Scale Mining Licences

23. Rights conferred by large-scale mining licence

24. Application for large-scale mining licence

25. Grant of large-scale mining licence

26. Renewal of large-scale mining licence

27. Obligations of holder of large scale mining licence

28. Suspension of production

PART IV SMALL-SCALE MINING OPERATIONSPART IV

SMALL-SCALE MINING OPERATIONS

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Prospecting Permits

29. Rights conferred by prospecting permit

30. Application for prospecting permit

31. Grant of prospecting permit

32. Obligation to give notice of discovery

33. Removal of minerals

Small-Scale Mining Licences

34. Rights conferred by small-scale mining licence

35. Application for small-scale mining licence

36. Grant of small-scale mining licence

37. Renewal of small-scale mining licence

38. Obligations of holder of small-scale mining licence

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

Gemstone Licences

Section

40. Rights conferred by gemstone licence

41. Application for gemstone licence

42. Grant of gemstone licence

43. Renewal of gemstone licence

44. Obligation to give notice of discovery

45. Requirement to convert gemstone licence to large-scale mining licence

PART V VARIATION, ETC., OF LICENCES AND PERMITSPART V

VARIATION, ETC., OF LICENCES AND PERMITS

46. Amendment of terms of licence or permit

47. Alteration of prospecting area

48. Enlargement of mining area

49. Abandonment of land subject to licence or permit

50. Suspension or cancellation of licence or permit

51. Termination of small-scale mining licence for insufficient production

52. Termination of gemstone licence for insufficient production

53. Transitional extension of licences or permits pending certain applications

54. Transfer of licence or permit

55. Transfer of control of company

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PART VI MINING RIGHTS AND SURFACE RIGHTSPART VI

MINING RIGHTS AND SURFACE RIGHTS

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

57. Rights under licence or permit to be exercised reasonably

58. Right to graze stock

59. Acquisition by holder of licence or permit of rights over land

60. Arbitration of disputes

61. Compensation for disturbance of rights, etc.

PART VII ARTISANAL MININGPART VII

ARTISANAL MINING

Section

62. Rights conferred by artisan's mining right

63. Application for artisan's mining right

64. Grant of artisan's mining right

65. Rights to building materials

PART VIII ROYALTIES AND CHARGESPART VIII

ROYALTIES AND CHARGES

Royalties

66. Royalties on production of large-scale mining licence

66A. Commissioner General to be responsible for royalties

66B. Returns and assessments

67. Remission and deferment of royalties

68. Provisional assessment of royalty

69. Prohibition on disposal of minerals

Other Charges

70. Annual charge in respect of licences under Part III

71. Charge for prospecting permit

72. Rent for small-scale mining licences

73. Rent and deemed turnover in respect of gemstone licence

74. Charge for artisan's mining right

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PART IX ENVIRONMENTAL PROTECTIONPART IX

ENVIRONMENTAL PROTECTION

75. Environment to be considered when granting mining rights

76. Conditions for the protection of the environment

77. Direction to comply with conditions of mining rights

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

79. Clearing away of mining plant

80. Sale of mining plant

81. Wasteful practices

82. Environmental Protection Fund

PART X ADMINISTRATIONPART X

ADMINISTRATION

Section

83. Appointment of Director and other officers

84. Execution and delegation of powers and functions of Director and other officers

85. Recovery of fees

86. Geological services

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

88. Mining Advisory Committee

89. Disclosure of information

90. Indemnity

PART XI APPEALSPART XI

APPEALS

91. Appeals against decisions of the local office

92. Appeals against decisions of the Director

93. Appeals in relation to licences under Part III

94. Appeals in relation to insurance

95. Notification of decisions

PART XII INVESTMENT INCENTIVESPART XII

INVESTMENT INCENTIVES

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96. Relief from income tax

97. Relief from customs and excise duties

98. (Repealed by Act No. 1 of 1997)

PART XIII MISCELLANEOUSPART XIII

MISCELLANEOUS

Section

99. Gemstone sales certificate

100. Radioactive minerals

101. Insurance and indemnities

102. Obstruction of holder of mining right

103. Production of information

104. Reports, records and information

105. Power of entry by Director

106. Miscellaneous offences

107. Offence committed by a body corporate

108. Regulations

109. Repeal of Cap. 329 of the 1971 edition and savings

SCHEDULES

CHAPTER 213

MINES AND MINERALS

Act No. 31 of 1995
41 of 1996
1 of 1997
8 of 1997
Statutory Instrument
166 off 1995

An Act to make provision with respect to prospecting for and mining minerals; to
repeal the Mines and Minerals Act; and to provide for matters connected with
or incidental to the foregoing.

[13th September, 1995]

PART I PRELIMINARYPART I

PRELIMINARY

1. This Act may be cited as the Mines and Minerals Act.*(1)
* The Mines and Minerals Act came into operaion on 1st November, 1995 (Statutory Instrument No.
166 of 1995).

Short title

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2. (1) In this Act, unless the context otherwise requires- Interpretation

"access agreement" means an agreement entered into between 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 minerals" means minerals and rocks commonly used for building, road
making or agricultural 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 under section eighty-three;

"gemstone licence" means a gemstone licence granted under Part IV;

"gemstone sales certificate" means a gemstone sales certificate granted under
Part XIII;

"gemstones" means amethyst, aquamarine, beryl, corundum, diamond, emerald,
garnet, ruby, sapphite, topaz, tourmaline 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 gemstone for the
purposes of this Act;

"holder" means the person in whose name a mining right is registered;

"large-scale mining licence" means a large-scale mining licence granted under Part
III;

"local office", means an office of the Ministry established for any area;

"mine" means any place, pit, shaft, drive, level or other excavation, and any drift,
gutter, lead, vein, lode, reef, saltpan or working, in or on or by means of
which any operation connected 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;

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"mineral" means any material substance, whether in solid, liquid, or gaseous form,
that occurs naturally in or beneath the surface of the earth, but does not
include water, petroleum or any substance or thing prescribed by the
Minister by regulation;

"mining" means the extraction of material, whether solid, liquid or gaseous from
land or from beneath the surface of the earth in order to win minerals, and
includes any operations directly or indirectly necessary or incidental thereto;

"Mining Advisory Committee" means the Mining Advisory Committee established
by section eighty-eight;

"mining area" means an area of land subject to a licence or permit under this Act or
an interim licence held under the Fourth 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 plant" means any building, plant, machinery equipment, tools or other
property that has been used for mining, whether or not affixed to land, but
does not include any timber or other 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 Act but does not
include coal or oil shale;

Cap. 435

"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;

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"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 Parts III and VIII on the produce of a
large-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 eight-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.

3. (1) All rights of ownership in, searching for, and mining and disposing of,
minerals are hereby vested in the President on behalf of the Republic.

Rights to minerals
vested in the President

(2) The provisions of this section have effect notwithstanding any right, title or
interest which any person may possess in or over the soil in, on or under which minerals
are found

PART II MINING RIGHTS GENERALLYPART II

MINING RIGHTS GENERALLY

4. Subject to the other provisions of this Act, rights of prospecting for, mining and
disposing of, minerals may be acquired and held under and in accordance with this Act.

Acquisition of mining
rights

5. (1) A person shall not prospect for minerals or carry on mining operations except
under the authority of a mining right granted under this Act:

Authority required for
prospecting or mining

Provided that the Director may, for a period not exceeding ninety days, grant in
writing, subject to such conditions (including conditions relating to work and expenditure),
as the director may impose, the right to enter any area that is not subject to a mining right,
or undertake an aerial survey, for the purpose of reconnaissance operations for the
location of minerals by geophysical, geochemical and photogeological survey or by the
study of surface geology.

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(2) A right granted by the Director under the proviso to subsection (1) shall not
confer on the holder exclusive rights over the area to which it relates or any preference or
piority in respect of an application for a prospecting licence over any such area.

(3) Any person who contravenes subsection (1) 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, or to both; or

(b) in the case of a body corporate, to a fine not exceeding five hundred
thousand penalty units.

6. The following mining rights may be granted under this Act:

(a) a prospecting licence;

(b) 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

7. (1) A mining right shall not be granted except to an individual or a company. Certain persons
disqualified from
holding mining rights

(2) A mining right shall not be granted to or held by-

(a) an individual who-

(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 agreement or scheme of composition with his creditors, 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 amalgamation
with another company.

(3) An artisan's mining right shall not be granted to a person who is not a citizen of
Zambia.

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(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.

8. (1) 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.

Restrictions on mining
rights

(2) In the case of large-scale mining licence, this section has effect subject to
section nine.

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, enter into an
agreement relating to the grant of a large-scale mining licence.

Development
agreements

(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

(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.

(d) the privatisation of the Zambia Consolidated Copper Mines Limited and any
matters specified in the Second Schedule in which the Minister responsible
for finance may, after consultation with the Minister responsible for such
portfolio, make such stability commitments in relation to the said matters as
the Minister may consider necessary.

(As amended by Act No. 41 of 1996)

10. (1) 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.

Priority of applications
for mining rights

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(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.

11. 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

Survey of land

PART III LARGE-SCALE MINING OPERATIONSPART III

LARGE-SCALE MINING OPERATIONS

Prospecting Licences

12. A prospecting licence confers on the holder of the licence exclusive rights to
carry on prospecting operations in the prospecting 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.

Rights conferred by
prospecting licence

13. (1) An application for a prospecting licence shall be made to the Minister in the
prescribed form and shall be accompanied by the prescribed fee.

Application for
prospecting licence

(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) a full description of the area of land over which the licence is sought 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 searched for;

(d) details of any mining right previously granted to the applicant; and

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(e) such further information as may be prescribed by the Minister by statutory
instrument.

14. (1) The Minister shall, within sixty days of receipt of an application duly made,
grant a prospecting licence 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 of land for which he has made application, or a part of it, is subject
to another mining right, or 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 himself the holder of that right; or

(d) 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.

(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 the date for the commencement in force of the 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.

15. (1) A prospecting licence shall, on application, be renewed by the Minister for
such period, not exceeding two years, as the licensee may require, if the holder of the
licence-

Renewal of
prospecting licence

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(a) undertakes to carry out during the renewal period an adequate programme
of prospecting operations; and

(b) relinquishes fifty per centum 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 or in 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 exceeding one year.

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 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 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 conditions of the licence to be so
expended.

Obligations of holder
of prospecting licence

17. 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 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 in the written permission.

Retention Licences

Removal of minerals

18. A retention licence confers on the holder exclusive rights to apply for a
large-scale mining licence within the area for which the retention licence has been
granted.

Rights conferred by
retention licence

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19. (1) The holder of a prospecting licence may apply to the Minister for the grant of
a rentention licence on the grounds that-

Application for
retention licence

(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 significance, 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 information as the Minister may reasonably require as to the proposals of
the applicant for the retention and development of the deposit.

20. (1) The Minister, if he is satisfied that commercial development 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.

Grant of retention
licence

(2) Without limiting the power of the Minister to impose conditions on a mining right,
the conditions of the licence may include conditions for the preservation of the mineral
deposit.

(3) A retention licence may be granted for a period not exceeding three years.

21. (1) If the Minister remains satisfied that commercial development 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.

Renewal of retention
licence

(2) Before renewing such a licence, the Minister may require the holder to 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.

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22. If the Minister is satisfied that commercial mineral development 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

Cancellation of
retention licence

23. (1) A large-scale mining licence confers on 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.

Rights conferred by
large-scale mining
licence

(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 operations;

(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.

24. (1) The holder of a prospecting licence is entitled to the grant of a large-scale
mining licence for the mining of minerals within the prospecting area.

Application for
large-scale mining
licence

(2) An application for a large-scale mining licence shall be made to the Minister in
the prescribed form 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 is 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;

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(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;

(d) the applicant's environmental plan, including his proposals for the
prevention of pollution, the treatment of wastes, the protection and
reclamation of land and water resources, and for eliminating or minimising
the 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 of the prospecting licence held by the applicant;

(h) a full description of the land within the prospecting area for which the
large-scale mining licence is sought and a plan of the proposed mining area
prepared in such manner and showing such particulars as the Minister may
reasonably require;

(i) such further information as the Minister may reasonably require for the
disposal of the application.

(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.

25. (1) Subject to the other provisions of this 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 stipulation in a development agreement-

Grant of large-scale
mining licence

(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 programme for
mining operations;

(c) judged by recognised standards of good mining practice, the applicant's
proposed programme for mining operations would ensure the efficient and
beneficial use of the mineral resources of the area over which the licence is
sought;

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(d) the applicant's environmental plan conforms to specifications and practices
established by national standards for the management of the environment
as it is affected by mining operations;

(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 are adequate; and

(f) 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 compensation.

(2) A large-scale mining licence 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;

(b) the applicant's environmental plan; and

(c) the applicant's proposals for the employment and training of citizens of
Zambia;

as accepted by the Minister, which shall form part of the conditions of the licence.

26. (1) The holder of a large-scale mining licence may, at any time not later than
one year before the expiry of the licence, apply to the Minister for the renewal of the
licence in respect of all or any part of the mining area.

Renewal of large scale
mining licence

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(2) An application for renewal shall be made to the Minister in the prescribed form
and shall be accompanied by the prescribed fee.

(3) An application under this section shall include or be accompanied by-

(a) a statement of the period, not exceeding twenty-five years, for which the
renewal is sought;

(b) details of-

(i) the latest proved, estimated and inferred ore reserves;

(ii) the capital investment to be made in, and production costs and
revenue forecasts in respect of, the period of renewal;

(iii) any expected changes in methods of mining and treament;

(iv) any expected increase or reduction in mining activities and the
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 part 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 the 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 development of the 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 of the mineral resources of
the mining area; or

(d) 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:

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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 compensation.

27. The holder of a large-scale mining licence 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;

(b) 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.

Obligations of holder
of large-scale mining
licence

28. (1) The holder of a large-scale mining licence shall give notice to the Minister- Suspension of
production

(a) at least ninety days in advance, if, without abandonment of his licence, he
proposes to suspend production from his mine; and

(b) at least thirty days in advance, if he 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 Minister 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; or

(b) direct the holder to resume full production at the mine within such date as
he may specify.

PART IV SMALL-SCALE MINING OPERATIONSPART IV

SMALL-SCALE MINING OPERATIONS

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Prospecting Permits

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 other acts and things as are necessary for or
reasonably incidental to the carrying on of those operations.

Rights conferred by
prospecting permit

30. (1) An application for a prospecting permit- Application for
prospecting permit

(a) shall be made to the Director; and

(b) shall be in the prescribed form and shall be accompanied by the prescribed
fee.

(2) The application shall include-

(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 previously made an application.

31. (1) The director shall, within thirty days of receipt of an application duly made,
grant a prospecting permit to the applicant, unless-

Grant of prospecting
permit

(a) he is disqualified under section seven from holding the 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:

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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 reasonable compensation.

(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 which it is granted; and

(c) include a description and plan of the prospecting area.

(3) There shall be appended to a prospecting permit the programme of prospecting
operations, as acccepted by the Director, which shall form part of the conditions 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 a period exceeding two years, and
shall not be renewed.

32. The holder of a 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 discovery

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 officer at the local 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

Removal of minerals

34. (1) A small-scale mining licence confers on the holder exclusive rights to carry
on mining operations in the mining area for minerals other than gemstones, and to do all
such other acts and things as are necessary for or reasonably incidental to the carrying on
of those operations.

Rights conferred by
small-scale mining
licence

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(2) Without limiting the generality of subsection (1), the holder of a small-scale
mining 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; and

(e) stack or dump any mineral or waste product.

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 licence over any part of the
prospecting area.

Application for
small-scale mining
licence

(2) An application for a small-scale mining licence shall be in the prescribed form
and shall be accompanied by 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;

(d) describe the proposed programme of mining operations, which shall include
a forecast of investment, the estimated 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

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(f) include such further information as the Director may reasonably require for
disposing of the application.

36. (1) The director shall, within thirty days of receipt of an application duly made,
grant a small-scale mining licence to the applicant, unless-

Grant of small-scale
mining licence

(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 of land 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 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 compensation.

(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
mining operations, as accepted by the Director, which shall form part of the conditions of
the licence.

37. (1) The holder of a small-scale mining licence may apply to the Director for a
renewal of the licence.

Renewal of
small-scale mining
licence

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(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 reasonable compensation.

38. The holder of a small-scale mining licence shall-

(a) develop the mining area, and commence and carry on mining operations,
with due diligence and in accordance with the programme of mining
operations; and

(b) demarcate the mining area, and keep it demarcated, in the prescribed
manner.

Obligations of holder
of small-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 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 modifications, to the applicant as if he were the holder of
the prospecting licence who applies for a large-scale mining licence.

Gemstone Licences

Requirement to
convert small-scale
mining licence to
large-scale mining
licence

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 relation to gemstones.

Rights conferred by
gemstone licence

41. An application for a gemstone licence shall be in the prescribed form,
accompanied by the prescribed fee, and shall include or be accompanied by-

Application for
gemstone licence

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(a) a description and sketch of the area of land for which the licence is sought,
in sufficient detail to enable officers at the local office to identify the area
and to provide a plan to be annexed to the licence; and

(b) a statement, to 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 further information as the Director may reasonably require for
disposing of the application.

42. (1) The Director shall, within thirty days of receipt of an application duly made,
grant a gemstone licence to the applicant, unless-

Grant of gemstone
licence

(a) the Minister 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 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 compensation.

(2) A gemstone licence shall be in such form as may be prescribed, and shall have
annexed thereto a plan of the mining area.

(3) A gemstone licence may be granted over an area not exceeding four hundred
hectares and for such period, not exceeding ten years, as the applicant may require.

43. (1) The holder of a gemstone licence may apply to the Director for a renewal of
his licence.

Renewal of gemstone
licence

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(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 reasonable compensation.

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

Obligation to give
notice of discovery

45. The Minister may require-

(a) any applicant for a gemstone licence; or

(b) a person who has held a gemstone 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 modifications, to the applicant as if he were the holder of a
prospecting licence who applies for a large-scale mining licence.

Requirement to
convert gemstone
licence to large-scale
mining licence

PART V VARIATION, ETC. OF LICENCES AND PERMITSPART V

VARIATION, ETC. OF LICENCES AND PERMITS

46. (1) The holder of a licence or permit may, in accordance with an approval given
under this section, make amendments to-

Amendment of terms
of licence or permit

(a) the programme of mining operations; or

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(b) any environmental plan, or any programme for the employment or training
of citizens of Zambia, that forms part 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 Part 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.

47. (1) At any time during the currency of a prospecting licence or prospecting
permit, the holder may re-orientate his area:

Alteration of
prospecting 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 centum of the re-orientated area shall consist of
land that was included in the prospecting areas 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:

Provided that the prospecting area, as so increased, shall not exceed such areas as
may be prescribed by the Minister by statutory instrument.

(3) Each of the rights given under subsections (1) and (2) may be exercised once
during the total period of the currency of the licence and any renewals thereof.

48. (1) At any time during the currency of a large-scale mining licence or a
small-scale mining licence, the holder may apply-

Enlargement of mining
area

(a) to the Minister, in the case of a large-scale licence; and

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(b) to the director, in the case of a small-scale mining licence;

for the enlargement of the mining area and the Minister or the Director may, subject to this
section, approve the application or refuse to do so.

(2) An application under this section shall not be approved if to do so would
prejudice neighbouring mining rights.

(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 document 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.

49. (1) The holder of a licence or permit who wishes to abandon all or any part of
the land subject to 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.

Abandonment of land
subject to licence or
permit

(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 application applies to only
a part of the land subject to the licence or permit, 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 carried on under
the licence or permit 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-

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(a) where the certificate relates to the whole of the land subject to the holder's
licence or permit, the licence or permit shall be cancelled with 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 commenced or continued in respect of any liability
against the applicant for the certificate may be commenced or continued against that
applicant.

50. (1) Subject to this section, where the holder of a licence or permit- Suspension or
cancellation of licence
or permit

(a) has at any time contravened a condition of the licence 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 becomes 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 specified, or where such default is not capable of
being remedied, has failed to offer in respect thereof reasonable
compensation.

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(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.

(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.

51. Where, over a continuous 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 operations and over such period has in each year of production
recovered less than fifty per centum of the ore which should have been recovered under
his estimated recovery rate, the Minister may, if he thinks fit, cancel the licence.

Termination of
small-scale mining
licence for insufficient
production

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.

Termination of
gemstone licence for
insufficient production

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 all or
part of the prospecting area;

(c) the holder of a prospecting permit applies, during the 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 over all 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.

Transitional extension
of licences or permits
pending certain
applications

54. (1) No licence or permit shall be transferred without- Transfer of licence or
permit

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(a) the consent of the Minister, in the case of a licence granted under Part III;
or

(b) the consent of the Director, in the case of any other licence or permit.

(2) Consent under this section shall not be unreasonably withheld.

(3) An application for consent under this section shall contain such particulars as
may be prescribed, shall be in the prescribed 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" includes 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.

55. (1) A company that holds a mining right shall not, after the date of the grant of
the right, without 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-

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(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 company; or

(ii) if the person is entitled to appoint, or to 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 Companies Act. Cap. 388

PART VI MINING RIGHTS AND SURFACE RIGHTSPART VI

MINING RIGHTS AND SURFACE RIGHTS

56. (1) The holder of a licence or permit shall not exercise any of his rights under
this Act or the licence or permit-

Restriction of rights of
entry by holder of
licence or permit

(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 forming part of a Government aerodrome as defined in the
Air Navigation Regulations made under the Aviation Act;

Cap. 173
Cap. 444

(b) without the written consent of the owner or legal occupier thereof or his duly
authorised agent-

(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 of farm
crops or upon which farm 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 forming 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 Director may arrange for arbitration of
the matter in accordance with section sixty;

Cap. 198

(c) upon land occupied as a village, without the written consent of the chief and
the local authority for the district in which the village is situated;

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(d) without the written consent of the railway administration, upon any land
reserved 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 established
under the provisions of the Local Government Act;

Cap. 281

(f) without-

(i) the written consent of the appropriate authority, upon any land used
as a forest nursery or plantation 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;

Cap. 199

(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;

Cap. 201

(i) upon any land that, under the Town and Country Planning Act, cannot be
developed without permission, unless the requisite permission is first
obtained.

Cap. 283

(2) Any consent given for the purposes of this section by the Director or the
appropriate 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.

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 affect injuriously the interest of any owner or occupier of the land
over which those rights extend.

Rights under licence
or permit to be
exercised reasonably

58. Subject to the terms of any access agreement, the owner or occupier of any
land within the area of a licence or permit shall retain the right to graze stock upon or to
cultivate the surface of the land in so far as such grazing or cultivation does not interfere
with the proper working in the area for mining, prospecting or other operations to be
carried on under the licence or permit, but shall not erect any building or structure thereon
without the consent of the holder of the licence or permit:

Right to graze stock

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Provided that where such consent is unreasonably withheld, the Director may grant
it.

59. The holder of any licence or permit who requires the exclusive or other use of
the whole or any portion of the prospecting or mining area for the purpose of his licence or
permit may, in accordance with the laws relating to such acquisition, acquire a lease
thereof or other right to use the same upon such terms as may be agreed between such
holder and the owner or occupier of the land:

Acquisition of by
holder of licence or
permit or rights over
land

Provided that the 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 the consents of the appropriate authorities
mentioned in that section.

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, or the withholding of any consent under that
subsection;

(b) the withholding of any consent under section fifty-six; or

(c) any other matter arising under this Part that is prescribed by the Minister by
statutory instrument;

any part to the dispute may apply to the Director, who may require the parties to enter into
a submission within the meaning of the Arbitration Act or, by consent of both parties,
determine the dispute himself:

Arbitration of disputes
Cap. 41

Provided that this subsection shall have effect subject to the terms of any access
agreement.

61. 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 interests, if any, in the property concerned:

Compensation for
disturbance of rights,
etc.

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
prescribed under that Act; or

Cap. 199

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(ii) upon other land that has not been alienated by the President in
accordance with the Lands 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 place on the land or
nearby, 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.

Cap. 184

PART VII ARTISANAL MININGPART VII

ARTISANAL MINING

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 concerned, 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.

Rights conferred by
artisan's mining right

63. (1) 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.

Application for
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.

64. (1) 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.

Grant of artisan's
mining right

(2) Where the authorised officer is satisfied that, in the particular area concerned,
mining operations are being carried on a community 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 statutory instrument, prescribe.

(3) The authorised officer shall not grant an artisan's mining right, and may suspend
or cancel a right granted, to any person 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.

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(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.

65. (1) Except as otherwise provided by statutory instrument made under this Act,
nothing in this Act shall operate to prevent-

Rights to building
materials

(a) the taking, by the owner or occupier of any land that is 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.

Cap. 464

(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 CHARGESPART VIII

ROYALTIES AND CHARGES

Royalties

66. (1) The holder of a large-scale mining licence shall, in accordance 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 at the rate
of three per centum.

Royalties on
production of
large-scale mining
licence

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(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 handling 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;

"market 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, he may 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.

66A. The Zambia Revenue Authority established under the Zambia Revenue
Authority Act, shall be responsible for carrying provisions of sections sixty-six to sixty-nine
of this Act.

Commissioner-General
to be responsible for
royalties
Cap. 321

(As amended by Act No. 8 of 1997)

66B. Sections forty-five, forty-seven to forty-nine, fifty-five to fifty-eight, sixty-three to
seventy, seventy-eight, seventy-nine, eighty-seven, ninety-one, ninety-five and
ninety-eight to one hundred and fifteen of the Income Tax Act shall, with the necessary
modification, apply to the collection, assessment, penalisation, enforcement of, and right
of appeal with respect to any royalty imposed under section sixty-six of this Act.

Returns and
assessments
Cap. 323

(As amended by Act No. 8 of 1997)

67. (1) The Minister responsible for finance may after consultation with the Minister,
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 interests of the production of the mineral to do so.

Remission and
deferment of royalties

(2) The Minister may exempt from liability to royalty samples of minerals acquired
for purposes of assay, analysis or other examination.

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(3) The Commissioner-General may, on application by the holder of a large-scale
mining licence, defer payment 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 of that period and the reduced amount shall
be deferred.

(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 paragraph (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 disposal of minerals from the mining
area;

"revenue" means the gross value of all sales or other disposal of minerals.

(As amended by Act No. 8 of 1997)

68. (1) Where, for any reason, it is impractical to assess the amount of any royalty
due, the Commissioner-General may assess, and the holder of the licence shall be liable
to pay, a provisional royalty.

Provisional
assessment of royalty

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(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.

(As amended by Act No. 8 of 1997)

69. (1) 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 of any extention thereof
allowed by the Commissioner-General, the Commissioner-General may, by order served
on the holder, prohibit the disposal of any mining 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 Commissioner-General for the payment of the royalties.

Prohibition on disposal
of minerals

(2) Any holder of a large-scale mining licence who contravenes or fails to comply
with an order given under subsection (1), 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.

(3) For the purposes of this section and sections sixty-six A to sixty-eight, the
"Commissioner-General" means the Commissioner-General of the Zambia Revenue
Authority.

(As amended by Act No. 8 of 1997)

Other Charges

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 manner 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 termination of the licence.

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71. There shall be payable to the Republic by the holder of prospecting permit a
charge, at such rate per hectare of the prospecting area as may be prescribed by the
Minister by statutory instrument.

Charge for prospecting
permit

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 calculated by reference
to tonnages mined shall be paid as prescribed, or in the manner prescribed,
by the Minister by statutory instrument;

(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 disposed of by the holder:

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 or otherwise disposed of he 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 for small-scale
mining licences

73. (1) The amount of the annual rent and the deemed turnover for a gemstone
licence shall be as set forth in the Second Schedule.

Rent and deemed
turnover in respect of
gemstone licence

(2) The Minister may, by statutory instrument, from time to time amend or replace
the Second Schedule.

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.

Charge for artisan's
mining right

PART IX ENVIRONMENTAL PROTECTIONPART IX

ENVIRONMENTAL PROTECTION

75. In deciding whether or not to grant any mining right, the 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 cultural, architectural, archaeological, historical or geological
interests;

in or on the land over which the right is sought, and the Minister may cause such
environmental impact studies and other studies to be carried out as the Minister considers
necessary to enable such a decision to be made.

Environment to be
considered when
granting mining rights

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76. (1) 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-

Conditions for the
protection of the
environment

(a) the conservation and protection of-

(i) the air, water and soil, flora, fauna, fish, fisheries and scenic
attractions; and

(ii) the features of cultural, architectural, archaeological, 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

(c) the filling in, sealing or fencing off of excavations, shafts and tunnels.

(2) Any conditions of the kind referred to in subsection (1)-

(a) shall conform to specifications and practices established by national
standards for the management of the environment as it is affected by
mining operations; and

(b) may include requirements for the lodgment, 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.

77. (1) The Director of Mine 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 to any conditions included in an environmental
plan, a development agreement or otherwise attaching to the right, for the protection of
the environment.

Direction to comply
with conditions of
mining right

(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.

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 thereto 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 jurisdiction on behalf of the Republic;

Rehabilitation by
Director of Mine Safety
at holder's expense

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(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 of the debt
so due shall be admissible in evidence in all 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.

79. (1) The holder of a mining right over land that ceases to be subject to the
mining right-

Clearing away of
mining plant

(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;

cause to be removed from the land any mining plant brought on to, or erected 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 such longer period as the
Director of Mine Safety, with the consent of the Minister, may, in any particular case,
allow.

80. (1) If mining plant is not duly removed under section seventy-nine, the Director
of Mine Safety may direct that the mining plant be sold by private auction.

Sale of mining plant

(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) 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;

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(d) any other amount that the Director of Mine Safety certifies to be a
deductible amount.

(4) Any balance remaining shall be paid to the Minister responsible 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 to the Republic from the person to whom
the relevant direction was given and shall be recoverable in any court of
competent jurisdiction; and

(b) the proceeds of sale shall be applied in meeting those amounts in such
manner as the Minister may direct.

(6) 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.

81. (1) Where the Director of Mine Safety considers that a holder 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 practices.

Wasteful practices

(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.

82. (1) There shall be an Environmental Protection Fund, which shall be managed
in such manner as the Minister may be Statutory Instrument, prescribe.

Environmental
Protection Fund

(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-

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(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 deposits referred to in section
seventy-six that were paid by him, to the extent that such moneys are not
appropriated 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 paid by or recovered from the person from whom
it is due, and 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 his
debts shall not exceed the amount of any cash deposits 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 may be invested in such manner as the Minister, with the
concurrence of the Minister responsible for finance, may determine.

(As amended by Act No. 8 of 1997)

PART X ADMINISTRATIONPART X

ADMINISTRATION

83. (1) There shall be a Director of Mines, who shall be a public officer and who
shall have and may exercise and perform the powers 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.

Appointment of
Director and other
officers

(2) There shall be a Director of Mine Safety, 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 under 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.

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(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 of the
functions conferred on an authorised officer by any of the provisions of this Act or any
statutory instrument made under this Act.

(6) Every authorised officer who, by virtue of his designation as such, has power to
enter any land or demand production of any records or documents shall be provided with
a certificate of appointment, which shall be prima facie 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 of appointment.

84. (1) Whilst any officer referred to in subsection (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.

Execution and
delegation of powers
and functions of
Director and other
officers

(2) The holder of any officer referred to in subsection (1) 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.

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.

Recovery of fees

86. The Director of Geological Survey shall-

(a) advise the Minister on geological matters;

(b) undertake the geological mapping of Zambia;

(c) undertake prospecting and exploration operations on behalf of the
Republic;

(d) provide data concerning the geology and mineral resources of Zambia, and
generally assist members of the public seeking information concerning
geological matters; and

(e) maintain such laboratory, library and record facilities as may be necessary
for the performance of his functions.

Geological services

87. (1) The Director of Geological Survey or an authorised officer may, for the
purpose of carrying out the geological mapping of Zambia or any part thereof-

Geological survey,
mapping and
respecting on behalf of
the Republic

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(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 up the surface of any part of such land for the 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 object 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

(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
newspaper of general circulation in the area where the land is
situated, at least 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 Act;

(iii) as little damage and inconvenience as possible shall be caused by
the exercise of any of the powers conferred by this subsection; and

(iv) before abandoning any land, all excavations opened shall be
backfilled.

Cap. 184

(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.

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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 under this Act and such other
matters in connection with the administration of this Act as may be referred to it by the
Minister.

Mining Advisory
Committee

(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 development agreement;

(b) to refuse to grant or renew a licence;

(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 Committee for its advice
and the Minister or the Director proposes 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 writing of his
reasons for so doing.

(5) Where a matter referred to in subsection (4) is an application for the grant or
renewal of a licence, a copy of any statement of the Minister or the Director under that
subsection shall be furnished to the applicant.

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
information relates, be disclosed, except with the consent of the holder of the mining right.

Disclosure of
information

(2) Nothing in subsection (1) shall operate to prevent the disclosure of information
where the disclosure is made-

(a) for or in connection with the administration of this Act;

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(b) for the purpose of any legal proceedings;

(c) for the purpose of any investigation or inquiry conducted under this Act;

(d) to any person being a consultant to the government or public officer 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
of 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) Any person who contravenes this section 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.

90. No officer of the Ministry or other public officer shall be liable for anything done
or omitted to be done in good faith in the exercise or performance, of purported exercise
or performance, of any power or function vested in him by, or in accordance with an
appointment made under, this Act.

Indemnity

PART XI APPEALSPART XI

APPEALS

91. (1) Any person aggrieved by the decision of an authorised officer at a local
office-

Appeals against
decisions of the 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 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.

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92. (1) Any person aggrieved by the decision of the Director- Appeals against
decisions of the
Director

(a) to refuse the grant or renewal of a licence or permit granted under Part IV;

(b) as to the conditions to be imposed on any such licence or permit held by
him;

(c) to cancel or suspend any such licence or permit 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 determine 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.

93. (1) Any person aggrieved by the decision of the Minister- Appeals in relation to
licences under Part III

(a) to refuse the grant or renewal of a licence granted under Part III;

(b) as to the conditions to be imposed on any such licence held by him;

(c) to cancel or suspend any such licence held by him; or

(d) to refuse to consent to the transfer of any such licence held by him, or to
the registration of shares or the entry into any agreement affecting control
of a company;

may appeal to the High Court, which shall determine the appeal, having regard to the
provisions of this Act and the circumstances of the case.

(2) A determination of the Court under this section may include such directions to
the Minister as the Court thinks fit for the disposal of the matter, and it shall be the duty of
the Minister to give effect to any such directions.

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94. (1) The holder of any mining right who is aggrieved by any obligation imposed
by a direction of the Director under section one hundred and one may appeal to the
Minister, who shall determine the appeal, having regard to the provisions of this Act and
the circumstances of the case.

Appeals in relation to
insurance

(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 that officer shall
give effect to any such directions.

95. Whenever the Minister, the Director or any authorised officer makes a decision
against which an appeal lies by virtue of a provision of this Part, the licensee or applicant
affected by the decision shall be informed by notice in writing of the decision and of the
reasons therefor and any such notice shall inform the person so notified of his rights of
appeal.

Notification of
decisions

PART XII INVESTMENT INCENTIVESPART XII

INVESTMENT INCENTIVES

96. Any investment in mining, including prospecting, by the holder of a mining right
shall attract the deductions from income tax set forth in the Fourth Schedule.

Relief from income tax

97. (1) The holder of a mining right shall be entitled to exemption from customs and
excise duties, and from any other duty or impost levied under the Customs and Excise
Act, in respect of all machinery and equipment (including specialised motor vehicles)
required for any of the activities carried on or to be carried on in pursuance of the right or
otherwise for the purposes of his investment in mining or prospecting.

Relief from customs
and excise duties
Cap. 322

(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.

Cap. 322

98. (Repealed by Act No. 1 of 1997)

PART XIII MISCELLANEOUSPART XIII

MISCELLANEOUS

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99. (1) No person shall carry on a business of trading in gemstones unless he holds
a gemstone sales certificate.

Gemstone sales
certificate

(2) A gemstone sales certificate shall be granted by the Director to any applicant
who is a citizen and makes an application in the prescribed form and tenders the
prescribed fee.

(3) A gemstone sales certificate shall be valid for one year but may be renewed on
payment of the prescribed renewal fee.

(4) The holder of a gemstone sales certificate shall, in respect of any purchase of
uncut 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.

(5) Any person in Zambia who is not the holder of a valid gemstone sales certificate
shall be guilty of an offence if he is found in possession of uncut and unpolished
gemstones, unless-

(a) he is the holder of a gemstone licence;

(b) he is the holder of a large-scale mining licence under which gemstones are
produced; or

(c) he satisfies the court that he acquired possession of the gemstones lawfully
and that he holds them otherwise than for the purposes of trade.

(6) A person convicted of an offence under subsection (5) shall be liable to a fine
not exceeding twenty thousand penalty units or to imprisonment for a term not exceeding
two years, or to both.

100. (1) No person shall export any radioactive mineral except under and in
accordance with the 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 whether or not to grant the application and the terms and conditions of any consent
to export.

(3) Any person who exports or attempts to export any radioactive mineral otherwise
than under and in accordance with a consent granted under this section shall be guilty of
an offence and shall be liable on conviction-

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(a) in the case of an individual, to a fine not exceeding one hundred thousand
penalty units or to imprisonment for a term not exceeding ten years, or to
both; and

(b) in the case of a body corporate, to a fine not exceeding one hundred
thousand penalty units.

(4) In this section, "radioctive mineral" means a mineral which contains by weight at
least one-twentieth of one per centum of uranium or thorium or any combination thereof,
and includes, but is not limited to-

(a) monazite, sand and other ores containing thorium;

(b) carnotite, pitchblende and other ores containing uranium.

101. (1) The holder of a mining right granted under Part III shall- Insurance and
indemnities

(a) obtain, and maintain at all times during the lifetime of the mining right and
for the prescribed period thereafter; and

(b) cause its 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 Minister certificates evidencing
that such coverage is in effect and provide copies of any policies requested.

(2) A statutory instrument made under subsection (1) shall include requirements for
such insurance coverage as it is customary internationally to obtain in the mining industry
in accordance with good mining industry practice.

(3) The holder of a mining right granted under Part IV shall, if so directed by the
Director by a notice in writing, obtain and maintain in force in respect of the mining
operations carried on by the holder, such insurance cover as the Director may consider
reasonably necessary in the public interest.

(4) The holder of a mining right shall indemnify, defend and hold the Republic
harmless 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 act committed on behalf of the Republic.

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102. Any person who, without reasonable excuse, obstructs or hinders the holder
of a mining right from doing any act which that holder is authorised to do by this Act, the
regulations or his mining right, 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.

Obstruction of holder
of mining right

103. (1) 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 person-

Production of
information

(a) to furnish to him in writing, within the period and in the manner specified in
the notice, any such information;

(b) to attend before him or a person specified in the instrument, at a time and
place so specified, and there to answer questions relating to minerals
obtained or the value of minerals obtained; or

(c) to make available to a person specified in the instrument, at a time and
place so specified, books or documents in his custody or power relating to
minerals obtained or the value of minerals obtained.

(2) Where books or documents are made available as required under this section,
the person to whom the books or documents are made available may make copies of, or
take extracts from, the books or documents.

(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 Fifth Schedule.

Reports, records and
information

(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 office, 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, to make available to, or to produce for inspection by,
himself or an authorised officer at the local office any books, accounts, vouchers,
documents or records of any kind concerning the mining right, and the holder of the
mining right shall comply with the direction.

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(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 to 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 thereunder (other
than a dwelling-house) for the purpose of-

Power of entry by
Director

(a) generally inspecting any such area, premises or workings and examining
prospecting or mining operations or the treatment of minerals being
performed or carried out;

(b) ascertaining whether or not the provisions of this Act or the regulations, or
the conditions of a mining right, are being complied with;

(c) ascertaining whether or not any nuisance exists upon any such area, land
or mine or in any such premises or workings;

(d) giving directions, and taking steps, to enforce any provision of this Act or
the regulations, or to abate or remove any nuisance;

(e) taking soil samples or specimens of rocks, ore concentrates, railings or
minerals situated upon any such area, premises or workings for the
purpose of examination or assay;

(f) examining books, accounts, vouchers, documents, maps, drilling logs, or
records of any kind; or

(g) obtaining any information which he may deem necessary for the
administration of this Act.

(2) The Director or an authorised officer may, at all reasonable times, inspect and
take copies of 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
regulations or the mining right.

(3) The holder of a mining right shall provide such reasonable assistance (including
the provision of necessary means of transport) as is required to enable the Director or an
authorised officer to exercise or perform any power or function under this section.

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(4) Any person who, without reasonable excuse, hinders or obstructs the Director or
an authorised officer in the exercise or performance of any power or function under this
section 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.

106. (1) Any person who- Miscellaneous
offences

(a) in any application under this Act;

(b) in any report, return or affidavit submitted for the purposes of this Act; or

(c) in purported compliance with a requirement under this Act to furnish any
information, make any statement or answer any question;

furnishes information or makes any statement that he knows is false or misleading in a
material particular, shall be guilty of an offence.

(2) Any person who, in pursuance of 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 of an offence.

(3) Any person who, with intent to deceive-

(a) places or deposits, or is accessory to the placement or deposit of, any
mineral or material in any place; or

(b) mingles or causes to 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 of an offence.

(4) A person convicted of an offence under this section shall be

(a) in the case of an individual, to a fine not exceeding twenty thousand penalty
units or to 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.

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107. If a body corporate is convicted of an offence under this Act, every person
who-

(a) a Director of, or is otherwise concerned in the management of, the body
corporate; and

(b) knowingly authorised or permitted 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 committed by
a body corporate

108. (1) The Minister may, by statutory instrument, make regulations for the better
carrying into effect of this Act.

Regulations

(2) In particular, and without prejudice to the generality of subsection (1), regulations
may provide for-

(a) any matter 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
to be, or may be, prescribed;

(b) the proper and 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 are concerned;

(f) the regulation of all matters relating to sanitation and health, including the
establishment of cemeteries, in regard to mining areas;

(g) the reporting of cases of accident and death occurring on any prospecting
area or mining area in connection with prospecting or mining operations;

(h) the demarcation of prospecting and mining areas;

(i) the circumstances and procedures for referring any matter for determination
by an expert;

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(j) the manner of making and dealing with applications under this Act;

(k) fees to be paid by the holder of a gemstone sales certificate;

(l) fees and annual charges to be specified under this Act.

(3) The Minister responsible for finance may, after consultation with the Minister, by
statutory instrument, make regulations for the better carrying into effect of sections
sixty-six to sixty-nine of this Act.

(4) Any regulations made under this Act may prescribe for any breach thereof a fine
not exceeding twenty thousand penalty units or to imprisonment for a term not exceeding
two years, or to both.

(As amended by Act No. 8 of 1997)

109. (1) The Mines and Minerals Act is hereby repealed. Repeal of Cap. 329 of
the 1971 Edition and
savings

(2) The savings and transitional provisions set out in the Sixth Schedule shall have
effect as a consequence of the repeal effected by this section.

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FIRST SCHEDULE

(Section 9)
Employment
Energy and Supply
Exchange Control
Taxation, royalty and taxes
Environmental protection and pollution control

(As amended by Act No. 41 of 1996)

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SECOND SCHEDULE

(Section 73)

RENT AND DEEMED TURNOVER IN RESPECT OF GEMSTONE LICENCE

Year of Duration of Rent per Hectare Deemed Turnover per
Right (Fee Units) Hectare (Fee Units)

Year 1 Nil Nil
Years 2-4 1,00 20,00
Years 5-7 1,50 30,00
Year 8 and subsequent years 2,00 40,00

(As amended by Act No. 41 of 1996)

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THIRD SCHEDULE

(Section 88)

MINING ADVISORY COMMITTEE

1. (1) The Mining Advisory Committee shall consist of-

(a) the Director, who shall be the Chairman;

(b) the Director of Geological Survey;

(c) the Director of Mines Safety;

(d) one person nominated by the Minister responsible for the environment;

(e) one person nominated by the Minister responsible for lands; and

(f) one person nominated by the Attorney-General.

(2) The Minister shall appoint the members of the Committee.

Constit
Commi

2. (1) The Minister shall nominate an alternate member for each of the members referred to in clauses (a), (b) and
(c) of subparagraph (1) 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 paragraph one.

(3) 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.

Alterna
membe

3. In the exercise and performance of their powers and functions as members of the Committee, the Chairman and
each of the members shall act in accordance with his own judgment and shall not be subject to any direction from any
other person or authority.

Commi
to be
indepe

4. (1) The committee shall meet as often as is necessary to perform its functions and at such times and places as
the Chairman directs.

(2) At a meeting of the Committee-

(a) four members shall form a quorum;

(b) the Chairman, or in his absence a member elected by the members present, shall preside;

(c) all matters arising shall be decided by a majority of votes;

(d) the Chairman or other person presiding at the meeting shall have a deliberative vote and, in the event of an
equality of votes, also a casting vote.

Meetin

5. The Committee shall regulate its own procedure.

(As amended by Act No. 41 of 1996)

Proced

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FOURTH SCHEDULE

(Section 96)

INCOME TAX DEDUCTIONS FOR MINING INVESTMENTS

1. (1) For the purposes of this Schedule-

"capital expenditure", in relation to mining or prospecting operations, means expenditure-

(a) on buildings, works, railway lines or equipment;

(b) on shaft sinking, including expenditure on 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 nature;

(d) incurred prior to 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 the Commissioner-General appointed under the Zambia Revenue Authority Act;

"deemed loss" means a deduction allowable in accordance with paragraph three;

"equity", in relation to a company limited by shares, means-

(a) issued ordinary share capital or stock, but only to the extent that such share capital or stock is paid up;

(b) issued, deferred, preferred, preference or other priority share capital or stock, but only to the extent
that such share capital or stock is paid up and provided that such share capital or stock carries no
rights of early repayment on demand;

Interpre
Cap. 32

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(c) capital reserves in so far as they are not capable of distribution except either by way of diminution of
capital or by addition to issued capital; and

(d) revenue reserves to the extent only that they shall have remained constant throughout the previous
twelve months;

but shall not include-

(i) loan stock or debentures whether carrying conversion rights or not;

(ii) loans at call and short notice; or

(iii) bank overdrafts or other drawing facilities;

"estimate of life", in relation to a mine, means the number of years, not exceeding-

(a) in the case of a mine operated for the purpose of producing lead or zinc, ten years; and

(b) 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 net expenditure after taking into account any rebates, returns or recoveries from expenditure;

"pre-production expenditure" means capital expenditure incurred in charge years prior to the production charge year;

"production commencement date", in relation to a mine, means the latest of any of the following dates:

(a) the date on which the mine first commenced regular production;

(b) where the mine, having previously been in production, was closed down and then re-opened, the date
on which it first recommenced regular production;

(c) where the mine has changed ownership and has been reorganised with substantially new
development and new plant, the date on which it first commenced regular production after such
reorganisation;

"production charge year" means the charge year in which a 1953, 1970 or 1975 new mine first commences or
recommences regular production;

"prospecting expenditure" means expenditure incurred in relation to prospecting operations, including any capital
expenditure incurred in connection with such operations, and such expenditure as the Commissioner-General
determines to be ancillary to expenditure on prospecting operations;

"1953 new mine" means a mine whose production commencement date is later than 31st March, 1953 but not later
than 31st March, 1970;

"1970 new mine" means a mine whose production commencement date is later than 31st March, 1970 but not later
than 31st March, 1975;

"1975 new mine" means a mine whose production commencement date is later than 31st March, 1975.

(2) Words and expressions defined in the Income Tax Act shall, if used in this Schedule, have the same meaning as
in that Act.

Cap. 32

2. Where a deduction is allowed in respect of capital expenditure under this Schedule, any deduction that would,
but for this paragraph, be allowable under the Income Tax Act in respect of the same capital expenditure is hereby
disallowed.

Relief n
to be
duplica
Cap. 32

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3. (1) Subject to the other provisions of this paragraph, the amount of prospecting expenditure incurred by a person
in a charge 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 entitled under this paragraph to a deduction in respect of expenditure may, by notice in writing
given to the Commissioner-General within twelve months after the end of the charge year in which the expenditure is
incurred, irrevocably elect to forego the deduction in favour of its shareholders; whereupon the deduction shall be allowed,
not to the company but to its shareholders instead, in proportion to the calls on shares paid by them during the relevant
accounting period or in such other proportions as the Commissioner-General having regard to any special circumstances,
may determine:

Provided that this sub-paragraph shall not apply to a company carrying on mining operation in Zambia.
(3) Where-

(a) a company (in this sub-paragraph called "the parent company") is entitled under this 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

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 after the new company takes over the prospecting operations of the parent
company or commences to carry on mining operations.

(4) A deduction allowable under this paragraph shall be deemed to be a loss and shall be allowed, in accordance
with section thirty of the Income Tax Act as a loss incurred-

(a) in the case of sub-paragraphs (1) and (2), in the charge year in which the expenditure is incurred; and

(b) in the case of sub-paragraph (3), in the charge year in which the new company takes over the prospecting or
exploration operations or commences to carry on mining operations:

Provided that where the deemed loss exceeds the income of person for the charge year in which it is incurred,
the excess shall be deemed to be a loss incurred in the following charge year and so on from year to year until
the deemed loss is extinguished.

(5) In computing a loss incurred by the operator of a 1975 new mine in any charge year, prospecting expenditure
and capital expenditure incurred in relation to the mine and allowable as a deduction shall be deemed to be deducted last.

Deduct
prospe
expend

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4. (1) Subject to the other provisions of this paragraph and the provisions of paragraph five, a deduction shall be
allowed in ascertaining the gains or profits from the carrying on of mining operations by any person in a charge year in
respect of the capital expenditure incurred by the person on a mine which is in regular production in the charge year.
(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 expenditure, to the extent
that such expenditure has not already been allowed as a deduction, and the capital expenditure incurred in the
production charge year:

Provided that where, on the last day of any charge year prior to the production charge year, the total of the
preproduction expenditure incurred in such charge year exceeds the amount remaining after deducting from
the 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 allowable as a deemed loss, the excess shall not be so increased for
such charge year; and

(b) where the charge year is a charge year subsequent to the production charge year, the capital expenditure
incurred in such charge year.

(3) The deduction to be allowed for a charge year in the case of 1970 new mine shall be:

(a) where the charge year is the production charge year, the total capital expenditure incurred on the mine up to
the end of the production charge year, to the extent that such expenditure has not already been allowed as a
deduction; 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 the charge year
ended 31st March, 1971, that would have been allowed in such charge year under the provisions of paragraph
twenty-three of Part VI of the Fifth Schedule to the Income Tax Act, as in force on 31st March, 1970, had those
provisions not been repealed;

(b) the capital expenditure incurred on the mine in such charge year.

(5) The deduction to be allowed for any charge year in the case of any other mine shall be the sum of-

(a) one-twentieth or, in the case of a mine operated for the purposes of producing lead or zinc, one-eighth of the
balance of unredeemed capital expenditure on the mine, including any balance on which deductions were
previously claimed under Parts I to V of the Fifth Schedule to the Income ITax Act, at the commencement of
the charge year ended 31st March, 1971, until such balance is extinguished; and

(b) an amount obtained by taking the sum of-

(i) the balance of the capital expenditure on the mine incurred after 22nd September, 1973 and
unredeemed at the commencement of such charge year; and

(ii) the capital expenditure on the mine incurred in such charge year;

and dividing the sum so obtained by the number of years in the approved estimate of the life of the mine:

Provided that where separate and distinct mining operations are carried on in mines which are not
contiguous, the deduction allowable shall be calculated separately according to the approved estimate
of the life of each mine.

(6) For the purposes of sub-paragraph (5), the approved estimate of the life of the mine at the commencement of
the charge year shall be based on the certified estimates of ore reserves of the mine and supported by calculations
showing how the estimates have been arrived at as submitted in writing by the person carrying on the mining operations:

Provided that if the Commissioner-General does not approve the estimate of the life of the mine as submitted, 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-to-equity ratio of 2:1

Deduct
mining
expend
Cap. 32
Cap. 32

5. (1) Where a person is carrying on mining operations in a mine which is in regular production and is also the
owner of, or has a right to work, a mine which is not contiguous with the producing mine and from which the person has a
loss in the charge year, the amount of such loss may be deducted in ascertaining the gains or profits from his mining
operations in that charge year:
Provided that the amount of tax which would otherwise be payable by such person in that charge year is not reduced by
more than twenty per centum as a result of this deduction.
(2) An order made by the Minister under this paragraph may differentiate between person or classes of persons, may at
any time by a like order be revoked and may be made or revoked retrospectively.

Deduct
mining
expend
a
non-pro
and
non-co
mine

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6. Where a mine ceases regular production due to the expiration of the life of the mine, or where the mining right
has 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 ascertaining the gains or
profits from the carrying on of the mining operations in respect of the capital expenditure on the mine for each of the last
six charge years in which the mine was in regular production shall be an amount arrived at by taking the sum of-

(a) the unredeemed capital expenditure on the mine at the commencement of the six charge years; and

(b) the capital expenditure on the mine incurred in the six charge years; and dividing the sum so obtained by six.

Deduct
cessati
mining
produc

7. Subject to the provisions of paragraph eight, when a change in the ownership of a mine takes place, the
consideration for the assets which qualify, for the purposes of this Schedule, as capital expenditure shall, for income tax
purposes-

(a) be allowable as capital expenditure incurred by the new owner; and

(b) be deemed to be a capital recovery by the previous owner in the charge year in which the change takes place.

Change
owners
mine

8. (1) Whenever there is a change in the ownership of a mine, this paragraph shall have effect in relation to the sale
of any property in respect of which any deductions have been allowed under this Schedule in any case where either-

(a) the buyer has control of the seller, or the seller has control of the buyer, or some other person has control of
both; or

(b) the Commissioner-General determines, by reference to the consideration given for the property, that the same
was not at arm's length.

(2) Where the property is sold at a price other than what it would have fetched if sold in the open market, then,
subject to the provisions of sub-paragraph (3), the same consequences shall ensue as would have ensued if the property
had been sold for the price which it would have fetched if sold in the open market.

(3) Where the sale is one to which clause (a) of sub-paragraph (1) applies and the parties to the sale irrevocably so
elect, by notice in writing to the Commissioner-General, then sub-paragraph (2) shall not have effect but, instead, the same
consequences shall ensue as would have ensued if the property had been sold for a sum equal to the residue of capital
expenditure on the property still unredeemed immediately before the sale.

(As amended by Act No. 41 of 1996)

Contro
and oth
sales

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FIFTH SCHEDULE

(Section 104)

REPORTS, RECORDS AND INFORMATION

1. (1) Subject to sub-paragraph (2), the holder of a prospecting licence-

(a) shall keep, at the address referred 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) boreholes drilled;

(ii) strata penetrated, with detailed logs of the strata;

(iii) minerals discovered;

(iv) the results of any seismic survey or geochemical or geophysical analysis;

(v) the results of any analysis or identification of minerals;

(vi) the geological interpretation of the records maintained under items (i) to (v) inclusive;

(vii) the number of persons employed;

(viii) other work done in connection with the prospecting licence;

(ix) costs incurred; and

(x) such other matters as may be prescribed by the Minister by statutory instrument.

(2) The Minister 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 (1).

Record
kept by
of pros
licence

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
photographs, ore logs, analyses and tests and all other data obtained and compiled by the holder in respect of
the mining area;

(c) keep at that address accurate and systematic financial records of his operations in the mining area and such
other books of account and financial records as the Minister may require and, if the holder is engaged in any
other activity not connected with his mining operations, maintain separate books of accounts in respect of his
mining operations;

(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 year and the state of the financial affairs of the holder at the end of each
financial year.

Record
kept by
of large
mining

3. The holder of a prospecting permit shall keep at the address referred to in section one hundred and four the
records specified in paragraph 1 of this Schedule or such other records as may be endorsed on his permit.

Record
kept by
of pros
permit

4. The holder of a small-scale mining licence, a gemstone licence or artisan's mining right shall keep at the
address referred to in section one hundred and four 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.

Record
kept by
of sma
mining
gemsto
licence
artisan
mining

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5. Every holder 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.

All hold
keep
environ
records

6. (1) Where-

(a) 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 of land 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 office all records which he was required to
keep under this Schedule and all plans or maps of the prospecting or mining operations on such area.

(As amended by Act No. 41 of 1996)

Surrend
records
termina
mining

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SIXTH SCHEDULE

(Section 109)

SAVINGS AND TRANSITIONAL PROVISIONS

1. In this Schedule-

"appointed date" means the date on which this Act comes into force;

"interim period" means a period beginning with the appointed 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, to hold, and "interim
licensee" shall be construed accordingly;

"repealed Act" means the Mines and Minerals Act, repealed by this Act.

Interpre
Cap. 32
the 197
edition

2. Any person who, immediately before the appointed date, was the holder of a mining right or a mining permit
under the repealed Act shall be deemed to have become on the appointed date the holder of an interim licence.

Rights
permits
the rep
Act con
to inter
licence

3. (1) During the interim period, the holder of an interim licence is authorised to carry on the operations which he
was authorised to carry 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 interim licence shall in respect of those operations enjoy
the same rights and be subject to the same liabilities as if the repealed Act were still in force.
(2) At any time during the interim period, the holder of an interim licence may apply for and, subject to this Schedule, shall
be granted a mining right under this Act.

Authori
conferr
interim
licence

4. (1) The holder of an interim licence who, immediately before the appointed date, held a prospecting licence or an
exploration licence under the repealed Act 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;

(c) a gemstone licence;

(d) a small-scale mining licence; or

(e) a large-scale mining licence.

(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 shall 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 permit, gemstone licence or small-scale mining licence granted under this paragraph shall run
from the date of its grant.

(4) On the renewal of a prospecting licence granted under this paragraph, the provisions of section fifteen of this Act
relating to relinquishment shall have no application.

Holders
prospe
licence
explora
licence
the rep
Act

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5. (1) The holder of an interim licence who, immediately before the appointed date, held a mining licence under the
repealed Act (other than a mining licence for building or industrial minerals under Part VIII of that Act) shall be entitled at
his election to apply for and be granted, in respect of the area covered by his interim licence-

(a) a large-scale mining licence;

(b) a small-scale mining licence; or

(c) a gemstone licence.

(2) A large-scale mining licence granted under this paragraph shall-

(a) remain in force, subject to this Act, for a period equal to the unexpired period of the mining licence held
under the repealed Act which remained at 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 compliance with an environmental plan drawn up by the holder of the interim licence which shall be
approved by the Minister and form part of the conditions of the licence if it meets the requirements of this
Act:

Provided that, if the Minister considers that the environmental plan does not meet those requirements, the
matter or matters in dispute shall be referred to an independent expert chosen by agreement between the
Minister and holder of the interim licence, whose decision shall be binding; and in the event that the Minister
and the holder of the interim licence are unable to agree on the choice of the expert, the expert shall be
chosen by the High Court.

(3) A small-scale mining licence granted under this paragraph shall-

(a) remain in force, subject to this Act, for such period, not exceeding ten years, as may be applied for by the
holder of the interim licence; and

(b) require compliance with the programme of development and mining operations which was appended to the
mining licence under the repealed Act.

(4) A gemstone licence granted under this paragraph shall-

(a) be granted for such period, not exceeding ten years, as may be applied for by the holder of the interim
licence, provided that for the purpose of calculating the rent payable under section seventy-three of this Act,
the licence shall be treated as though the term of the licence had commenced one year before the date on
which the licence was granted; and

(b) require compliance with the programme of development and mining operations which was appended to the
mining licence under the repealed Act.

(5) Where the holder of an interim licence who, immediately before the appointed date, held a mining licence under
the repealed Act elects to apply for a small-scale mining licence or a gemstone licence under this Act, the Minister may, if
the holder of the interim licence has before the appointed date been carrying on mining operations on a substantial scale,
reject the application for a small-scale mining licence or a gemstone licence and require the holder of the interim licence to
apply for a large-scale mining licence, and in any such case the provisions set out in this paragraph shall apply as though
the holder of the interim licence had elected to apply for a large-scale mining licence.

6. (1) The holder of an interim licence who, immediately before the appointed date, held a mining licence or a
mining permit for building or industrial minerals granted under Part 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 Part IV of this Act.
Holders of mining licences for building or industrial materials under the repealed Act

(2) A small-scale mining licence granted under this paragraph-

(a) shall be granted for such period as may be applied for, but not exceeding the unexpired period of the mining
licence which remained at the appointed date, or ten years, whichever is greater; and

(b) shall require compliance with such conditions as may have been attached to the licence or permit granted
under the repealed Act.

(As amended by Act No. 41 of 1996)

Holders
mining
licence
than fo
building
industr
materia
under t
repeale

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SUBSIDIARY LEGISLATION

THE MINES AND MINERALS (TRADING IN RESERVED MINERALS) REGULATIONS

ARRANGEMENT OF REGULATIONS

PART I PRELIMINARYPART I

PRELIMINARY

Regulation

1. Title

2. Interpretation

PART II TRADING IN RESERVED MINERALSPART II

TRADING IN RESERVED MINERALS

3. Trading in and possession of reserved minerals

4. Application for reserved minerals trader's licence

5. Reserved Minerals Trader's Licensing Committee

6. Publication of names of applicants

7. False statement by applicant for licence

8. Notification of grant or rejection of application

9. Prohibition against issue of licence

10. Fee on issue or renewal of licence

11. Form of licence

12. Place of business

13. Register of transactions

14. Summary fine

15. Valuation certificate for reserved minerals destined for export

16. Purchase from or sale to unauthorised persons

17. Power to cancel licence

SCHEDULE

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SECTION 123-TRADING IN RESERVED MINERALS

Regulations by the Minister

Statutory Instrument
110 of 1995

PART I PRELIMINARYPART I

PRELIMINARY

1. These Regulations may be cited as the Mines and Minerals (Trading in
Reserved Minerals) Regulations.

Title

2. In these Regulations, unless the context otherwise requires- Interpretation

"Committee" means the Reserved Minerals Traders' Licensing Committee
established under regulation 5;

"licence" means a reserved minerals trader's licence issued under sub-regulation
(3) of regulation 8;

"licensed trader" means the holder of a valid licence;

"permit" means written authority granted by the Committee under sub-regulation
(2) of regulation 3 authorising a person to possess reserved minerals;

"registered lapidary" means a lapidary operating under a manufacturing licence
issued under Part III of the Investment Act and duly registered with the
Engineer.

Cap. 385

PART II TRADING IN RESERVED MINERALSPART II

TRADING IN RESERVED MINERALS

3. (1) Subject to these Regulations, a person shall not- Trading in and
possession of
reserved minerals

(a) buy, deal in, or receive by way of barter or pledge, either as principal or
agent, any reserved mineral, unless he is

(i) licensed or authorised under this Part to trade in reserved minerals;
or

(ii) the operator of a registered lapidary.

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(b) sell, offer, display for sale, barter or pledge, either as principal or agent, any
reserved mineral unless-

(i) subject to the provisions of section forty of the Act, he is the holder
of a valid prospecting or exploration licence relating to that reserved
mineral;

(ii) the reserved mineral is won or recovered by him from land on which
he is lawfully mining for reserved minerals; or

(iii) he is authorised under this Part to sell or dispose of that reserved
mineral.

(c) possess any reserved mineral unless-

(i) he is authorised under these Regulations to be in possession of that
reserved mineral; or

(ii) he has a permit.

(2) The Committee may grant, in writing, authority to trade and possess reserved
minerals to any person who is not a citizen of Zambia or is not ordinarily resident in
Zambia for a period of two years.

(3) The authority granted under sub-regulation (2) shall convey any right in respect
of the grant of a licence.

(4) Any person who contravenes sub-regulation (1) shall be guilty of an offence and
liable upon conviction to a fine not exceeding twenty thousand penalty units or to
imprisonment for a period not exceeding two years, or to both.

4. (1) Subject to this Part, any person may apply to the Committee for, and obtain a
licence.

Application for licence

(2) An application made under sub-regulation (1) shall be in Form 1 set out in the
Schedule.

5. (1) There shall be a reserved minerals traders' licensing committee which shall
consist of-

Reserved minerals
traders' licensing
committee

(a) Chairman;

(b) the Engineer;

(c) the Director; and

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(d) any other two persons appointed by the Minister.

(2) The Chairman shall be appointed by the Minister from outside the civil service
and shall preside at all meetings of the Committee.

(3) In the absence of the Chairman, the members present at a meeting of the
Committee shall choose a chairman from amongst themselves for the purposes of that
meeting.

(4) Three members of the Committee shall form a quorum and the chairman at any
meeting shall have a casting as well as a deliberative vote.

(5) The Minister shall appoint the Secretary to the Committee.

6. (1) The Committee shall not consider an application for the grant or renewal of a
licence, unless the applicant has given at least fourteen days' notice of his intention to
make the application.

Publication of names
of applicants

(2) The notice referred to in sub-regulation (1) shall-

(a) be made in the prescribed form;

(b) include an address at which service of notices and documents may be
made; and

(c) be published in the Gazette and in two consecutive issues of a national
newspaper.

(3) The period of fourteen days referred to in sub-regulation (1) shall be calculated
from the date of the 1st publication of the notice.

7. (1) If any person applying for a licence under this part, knowingly makes or
causes to be made a statement which is false in any material particular, he shall be guilty
of an offence and liable upon conviction to a fine not exceeding two thousand penalty
units.

False statement by
applicant

(2) A licence or permit issued to a person convicted for contravening sub-regulation
(1) shall be null and void.

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8. (1) The Committee shall within thirty days, notify the applicant of the result of the
application.

Notification of grant or
rejection of application

(2) Where the application is granted, the notification of the grant shall include terms
and conditions on which the application is granted and shall require the applicant to
accept the conditions within such time as the Committee may specify.

(3) Where the applicant-

(a) accepts within the time specified by the Committee, the terms and
conditions on which the application is granted, the Committee shall issue a
licence to him; or

(b) fails to notify the Committee within the time specified under paragraph (a),
his application shall lapse.

(4) If an applicant is dissatisfied with the decision of the Committee he may, within
thirty days of being notified of that decision, appeal to the High Court.

9. (1) Subject to these Regulations, a licence shall not be granted to or held by- Restrictions on licence

(a) a person-

(i) under the age of eighteen years; or

(ii) who is or becomes an undischarged bankrupt.

(b) a company-

(i) unless it has been incorporated under the Companies Act;

(ii) which is in liquidation.

Cap. 388

(2) A licence shall-

(a) not be transferrable;

(b) be terminated where the holder-

(i) is adjudged or declared bankrupt;

(ii) goes into liquidation; or

(iii) dies.

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(3) A person applying for a licence shall lodge with the Committee a certificate in
Form 4 set out in the Schedule under the hand of a police officer of or above the rank of
Sub-Inspector, together with sufficient sureties who have entered into a recognizance,
which recognizance shall be in Form 3 set out in the Schedule.

(4) In this regulation, "liquidation" shall not include a liquidation which forms part of a
scheme for the reconstruction or amalgamation of the holder.

10. An applicant shall pay, for every issue or renewal of a licence, a fee of one
hundred thousand kwacha per year or part thereof.

Fees on issue or
renewal of licence

11. The licence shall be in Form 2 set out in the Schedule and shall expire on the
31st December of each year.

Form of licence

12. (1) The applicant's office or place of business shall be endorsed on the
applicant's licence.

Place of business

(2) A person who holds a licence shall inform the Committee of any changes of his
business premises.

13. (1) A person who holds a licence shall keep or cause to be kept a true and
correct register relating to the details of reserved minerals received, purchased, imported,
sold or exported.

Register of
transactions

(2) The register relating to the details of reserved minerals received, purchased or
imported shall be in Form 5 set out in the Schedule and that of reserved minerals sold or
exported shall be in Form 6 set out in the Schedule.

(3) A person who holds a licence shall within fifteen days after the end of every
month forward to the Committee a true copy of all entries in the register for the previous
month, together with a declaration stating that the entries are correct.

14. (1) A person who contravenes regulation 13 shall be made to appear before the
Committee and if found guilty of an offence shall be liable to a fine not exceeding fifty
thousand penalty units.

Penalty for
contravening
Regulation 13

(2) The fine referred to in sub-regulation (1) shall be paid to the Committee.

(3) The moneys received from fines shall be paid into the general revenues of the
Republic.

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(4) A person who fails to pay the fine imposed under sub-regulation (1) within ninety
days from the date of such imposition shall have his licence cancelled by the Committee.

15. (1) Any reserved mineral destined for export, shall be valued by an independent
Government approved valuer who shall issue a valuation certificate in Form 7 set out in
the Schedule.

Valuation certificate for
reserved minerals
destined for export

(2) An application to the Committee for registration as a Government approved
valuer, shall contain the following information-

(a) the full name and business address of the applicant; and

(b) copies of academic qualifications and professional experience.

16. (1) A person shall not buy or receive by way of barter, pledge or otherwise any
reserved mineral from any person not authorised under paragraph (a) of sub-regulation (1)
of regulation 3 to trade in reserved minerals.

Purchase from or sale
to unauthorised
person

(2) A person not authorised to trade in reserved minerals shall not sell or offer or
display for sale, barter, pledge or otherwise dispose of or deliver any reserved mineral to
any person not authorised under paragraph (b) of sub-regulation (1) of regulation 3 or any
other provision of this Part to buy or receive that reserved mineral.

(3) Any person who contravenes sub-regulations (1) and (2) shall be guilty of an
offence and liable upon conviction to a fine not exceeding two thousand penalty units.

17. (1) The Committee may, cancel a licence if it is satisfied that any licensed
trader is or has been on reasonable grounds suspected of being engaged in illicit trade in
reserved minerals or has contravened these Regulations or that Act.

Power to cancel
licence

(2) The notice to cancel the licence shall be from the date specified in the notice,
which shall not be less than one month from the date of giving such notice.

(3) Any person whose licence is cancelled under sub-regulation (1) may appeal to
the High Court.

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SCHEDULE

REPUBLIC OF ZAMBIA
No. ................................................ Form 1
Date of receipt....................................... (Regulation 4)

APPLICATION FORM FOR A RESERVED MINERALS TRADER'S LICENCE

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The Mines and Minerals (Trading in Reserved Minerals) Regulations

Type(s) of Reserved mineral: ......................................................................................................................................................

....................................................................................................................................................................................................

A PARTICULARS OF APPLICANT (other than company, co-operative or association)

(1) Full names of applicant

(a) Surname........................................................................................................(Maiden Name)..............................................

(b) Other names..........................................................................................................................................................................

(c) Place and date of birth..........................................................................................................................................................

(2) Address of applicant

(a) Residential address................................................................................................Telephone No. ......................................

(b) Business address......................................................................................Telephone No. ..................Fax: No. ..................

(3) Identity documents

(a) NRC No. ......................................................................................Date/place of issue...........................................................

(b) Passport No. ......................................................................................Date/place of issue...................................................

(c) Nationality..............................................................................................................................................................................

(d) Period resident in Zambia......................................................................................................................................................

B. PARTICULARS OF ORGANIZATION (company or association)

(4) (a) Name of Company Association......................................................................................................................................

(b) Location and postal address of Company/Association..........................................................................................................

Telephone....................................................................................................................Fax........................Telex........................

(c) Company/Association Registration No. ................................................................................................................................

(d) Address of registration office in Zambia................................................................................................................................

....................................................................................................................................................................................................

(e) Date of incorporation............................................................................................................................................................

(f) Nominal capital......................................................................................................................................................................

(g) Paid up capital......................................................................................................................................................................

(h) Shareholders (owning more than 5 percent of paid up capital)

Full Name Shares held Nationality NRC/Passport No.

(i)........................... .............................. .............................. ..............................

(ii)........................... .............................. .............................. ..............................

(iii)........................... .............................. .............................. ..............................

(iv)........................... .............................. .............................. ..............................

(v)........................... .............................. .............................. ..............................

(i) Full name and nationality of Chief Executive

....................................................................................................................................................................................................

(j) Full name and nationality of Company Secretary..................................................................................................................

C. PARTICULARS OF THE CO-OPERATIVE

(5) (a) Name and address of Co-operative

....................................................................................................................................................................................................

Telephone....................................................................................................................Fax........................Telex........................

(b) Registration Certificate No.....................................................................................................................................................

(c) Date and place of registration................................................................................................................................................

(d) Share capital (nominal)..........................................................................................................................................................

(e) Share capital (paid up)..........................................................................................................................................................

(f) Full names of

Member Nationality NRC/Passport No.

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REPUBLIC OF ZAMBIA

Licence No. RML........................................... Form 2

(Regulation 9)

RESERVED MINERALS TRADER'S LICENCE

(Part II)

Mines and Minerals (Trading in Reserved Minerals) Regulations

WHEREAS ..................................................................................of Plot No. .................. Road: .................. Town: ..................

Postal address............................................................................................................................................................................

Telephone No. ......................................................................................................Telex No. ......................................................

Telefax No. ........................................................................................................ has this......................................................day

of...........................................................19..........been duly licensed to trade in the minerals specified below:

................................................
Chairman

Expiry date: 31st December, 19........

OFFICIAL STAMP

*Not Transferable

NB-Applicants are advised to lodge their application for renewal of this licence at least sixty days before the date of expiry.

ENDORSEMENT OF BUSINESS ADDRESS, ADDITIONAL ADDRESSES OR CHANGES THEREOF

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REPUBLIC OF ZAMBIA

Form 3

(Regulation 9)

RECOGNIZANCE

The Mines and Minerals (Trading in Reserved Minerals) Regulations

On the ............................................................................................ day of .........................................19....... appeared before
me .................................. Magistrate of the District of ........................................................................................................ and
acknowledge themselves to owe the Republic to which the said ..............................................................................................
the sum of one hundred thousand Kwacha and the said .................... .and .................... each the sum of one hundred
thousand Kwacha to be respectively made and levied of their several goods, chattels, lands and tenements to the use of
the Republic if the said .............................................................................. shall fail in performing the conditions underwritten.

The condition of this recognizance is that if the said .............................................................................................. shall
strictly conform to and abide by all and singular the provisions of the Mines and Minerals (Trading in Reserved Minerals)
Regulations during the time the licence to be obtained by him under these Regulations shall be in force, then this
recognizance shall be null and void or else shall remain in full force and effect.

The said ................................................ and the said .............................................................................................. and
the said .......................................................................................................................... do hereby further jointly and severally
agree that in the event of the said .......................................................................................... being convicted of contravening
any provision of these Regulations this recognizance shall ipso facto become at once executable without the necessity of
further process just as if judgment had been obtained upon it.

Taken and acknowledged this day and year above written.

Proposed holder..........................................................................................................................................................................

Surety..........................................................................................................................................................................................

Surety..........................................................................................................................................................................................

Magistrate....................................................................................................................................................................................

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REPUBLIC OF ZAMBIA

Form 4

(Regulation 9)

The Mines and Minerals (Trading in Reserved Minerals) Regulations

RESERVED MINERALS TRADER'S CERTIFICATE

I, ...................................................................................................................................................................................... Police
Officer of .......................................................................................................................................................... do hereby certify
that .................................................................................................................................................................................. is a fit
and proper person to receive a licence to buy and sell reserved minerals.

(Station)................................................................................................................................................................ Police Officer

(Date)......................................................................................................................Rank.............................................................
(Assistant Inspector or above)

OFFICIAL STAMP

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REPUBLIC OF ZAMBIA

Form 5

(Regulation 13)

MONTHLY RECEIPTS RETURN

The Mines and Minerals (Trading in Reserved Minerals) Regulations

Full Name: ................................................................................................................ Month: .......................................19..........

Address........................................................................................................................................................................................

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REPUBLIC OF ZAMBIA

Form 6

(Regulation 13)

MONTHLY SALES RETURN

The Mines and Minerals (Trading in Reserved Minerals) Regulations

Full Name: ........................................................................................................Month: ................................................19..........

Address........................................................................................................................................................................................

Sales and Exports

Date

Type of
Reserved
Mineral

Name of
Buyer

Lot
No.

Weight
(g)

Value

Currency RemarksK US$

TOTAL

I, ..................................................................................................................................................................................do hereby
solemnly and sincerely declare that the above is true and correct, and I make this certificate conscientiously believing the
same to be true.

Signature: ................................................................

In what capacity signing..............................................................................................................................................................

To be submitted to:
Chief Mining Engineer,
P.O. Box 31969,
Lusaka,
(2 copies)

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Form 7

(Regulation 15)

VALUATION CERTIFICATE

The Mines and Minerals (Trading in Reserved Minerals) Regulations

Certificate No. .....................

Lot No. Description Grade Quantity Colour

Valuation

Per Unit Total

TOTAL

Company: ....................................................................................................................................................................................

Address: ......................................................................................................................................................................................

....................................................................................................................................................................................................

Buyer: ..........................................................................................................................................................................................

....................................................................................................................................................................................................

....................................................................................................................................................................................................

Examined by: ..............................................................................................................................................................................

....................................................................................................................................................................................................

For Sale/Market Survey

For Ministry of Mines and Minerals Development

Approved/Not Approved for Export by:

Name: ..................................................................................

Rank: ....................................................................................

Signature: ................................................................

Date: ........................................................................

Receipts, Purchases, Imports

Receipts, Purchases, Imports

Date

Type of
Reserved
Mineral

Name of
Seller

Lot
No.

Weight
(g)

Value

Currency RemarksK US$

TOTAL

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I,.................................................................................................................................................................. do hereby solemnly
and sincerely declare that the above is true and correct, and I make this certificate conscientiously believing the same to
be true.

Signature: ........................................................................................

In what capacity signing..............................................................................................................................................................

To be submitted to:
Chief Mining Engineer,
P.O. Box 31969,
Lusaka,
(2 copies)

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THE MINES AND MINERALS ACT

THE MINES AND MINERALS (ENVIRONMENTAL) REGULATIONS

ARRANGEMENT OF REGULATIONS

PART I

PRELIMINARY

Regulations

1. Title

2. Interpretation

PART II ENVIRONMENTAL IMPACT ASSESSMENTPART II

ENVIRONMENTAL IMPACT ASSESSMENT

3. Environmental project brief

4. Environmental impact statement procedure

5. Contents of environmental impact statement

6. Mine site closure

7. Records of closing down mine

8. Audit of environmental impact

9. Minister's powers to exempt

PART III MINE DUMPSPART III

MINE DUMPS

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10. Interpretation of Part

11. Procedure to be followed before dumping

12. Rules for dumping operations

13. Dumping on decommissioned dump

14. Prohibition of dumping liquid dump over mine

15. Drainage of dump

16. Supervision of drainage system by competent person

17. Reports by independent person regarding classified dump

18. Reports on active classified dumps

19. Reporting of unusual or abnormal matter

20. Closure of dumping site

21. Inspection of decommissioned classified dump

22. Report on decommissioned classified dump

23. Keeping of plans, section, etc. of decommissioned classified dump

24. Submission of reports for closed dump

PART IV AIR QUALITY AND EMISSION STANDARDSPART IV

AIR QUALITY AND EMISSION STANDARDS

Regulations

25. Air quality and emission standards

26. Application of Legislation on Occupational Health and Safety

27. Water for dust suppression

28. Developer to provide adequate ventilation

29. Removal of toxic substances or dust

30. Determination of air quality in surface plants

PART V WATER STANDARDSPART V

WATER STANDARDS

31. Water rights

32. Access to drinking water

33. Regulating effluent water discharge

PART VI STORAGE, HANDLING AND PROCESSING OF HAZARDOUS
MATERIALPART VI

STORAGE, HANDLING AND PROCESSING OF HAZARDOUS MATERIAL

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34. Interpretation of Part

35. Suitability of building, installation and equipment

36. Safe working practice

37. Code of safe working practice

38. Inflammable combustible liquid

39. Storage of highly inflammable and combustible liquids

40. Vessel for storing, conveying or transporting liquid

41. Transferring hazardous liquid

42. Storage of any hazardous liquid in storage room

43. Storage of hazardous liquid in storage shed

44. Storage of hazardous liquid in open area

45. Storage of hazardous liquid

46. Re-fuelling of petrol and fuel oil in a mining area

47. Filling station in mining area

48. Transportation of fuel-oil underground

49. Specification of fuel-oil underground

50. Amount of fuel-oil permitted underground

Regulations

51. Spillage of fuel-oil

52. Transporting of hazardous liquid in container

53. Transporting fuel-oil in bowser

54. Transporting corrosive liquid in mobile container

55. Prohibition of smoking and naked lights

56. Prohibition of towing

57. Storage of inflammable or combustible solid

58. Prohibition of touching or moving damaged container

59. Repairs to mobile container

60. Repairs to bowser

61. Repairs to vessel

62. Ionisation and radiation

PART VII INSPECTIONPART VII

INSPECTION

63. Inspection of mining operations

64. Powers of inspector

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PART VIII THE ENVIRONMENTAL PROTECTION FUNDPART VIII

THE ENVIRONMENTAL PROTECTION FUND

65. Contribution to fund

66. Fund contributions

67. Concessions by Director

PART IX MISCELLANEOUSPART IX

MISCELLANEOUS

68. Public access to information

69. Protective clothing

70. Provision of washing and eating facilities where toxic substances are handled

71. Code of safe working practice

72. Protection of surface excavation

73. Crack, subsidence or cavity

74. Danger from spontaneous combustion

75. General Penalty
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
FOURTH SCHEDULE
FIFTH SCHEDULE
SIXTH SCHEDULE
SEVENTH SCHEDULE
EIGHTH SCHEDULE
NINTH SCHEDULE
TENTH SCHEDULE
ELEVENTH SCHEDULE

SECTION 76-MINES AND MINERALS (ENVIRONMENTAL) REGULATIONS Statutory Instrument
29 of 1997

Regulations by the Minister

PART I PRELIMINARYPART I

PRELIMINARY

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1. These Regulations may be cited as the Mines and Minerals (Environmental)
Regulations.

Title

2. In these Regulations, unless the context otherwise requires- Interpretation

"Council" means the Environmental Council of Zambia established by the
Environmental Protection and Pollution Control Act;

Cap. 204

"competent person" means any person appointed as such by a mine manager, to
enforce these Regulations within a mine licence or permit area;

"contaminant" means a substance or physical agent or a combination of
substances and physical agents that may contribute to, or create, pollution;

"decommissioned dump" means a dump where dumping operations have ceased
but the dump has not been closed;

"developer" means a person who holds a licence or a permit issue under the Act
and who undertakes a new mining operation or mining related project to
repair or extend an existing mine or mining operation;

"Director" means the Director of Mines Safety appointed under section eighty-three
of the Act;

"environmental impact statement" means a statement on the impact of the mining
operation on the environment submitted to the Director under regulation 5;

"inspector" means a person appointed as an inspector under section eighty-three
of the Act;

"project brief" means a report made by the developer including preliminary
predictions of possible impacts of a proposed exploration, prospecting or
mining operation on the environment and constituting the first stage in the
environmental impact assessment process;

"proprietary information" means any information relating to any manufacturing
process, trade secret, trademark, patent, copyright, breeder's right or
formula protected by law or by any international treaty to which Zambia is a
party;

"scheduled mine' means any mine specified in the First Schedule of the
Pneumoconiosis Act and includes any scheduled place specified in the
Second Schedule to that Act;

Cap. 326

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"toxic substance" means a poisonous gas, vapour, fume, dust or other substance
that may cause injury, or adverse pathological changes, to human beings or
animals or cause adverse physiological changes to the environment;

"underground" means beneath the surface of the ground to which access may be
by way of a ramp, adit raise, shaft or winze, but does not include an open
pit or quarry;

"workings" means an excavation made for the purpose of searching of winning
minerals;

PART II ENVIRONMENTAL IMPACT ASSESSMENTPART II

ENVIRONMENTAL IMPACT ASSESSMENT

3. (1) A developer shall prepare and submit six copies to the Director, of an
environmental project brief before undertaking any prospecting, exploration or mining
operations.

Environmental project
brief

(2) For the purpose of prospecting exploration or mining operations under these
Regulations a developer shall appoint a mine manager.

(3) A mine manager appointed under (2) shall employ a competent person.

(4) A competent person referred to in sub-regulation (2), shall-

(a) in relation to any duty or function, have adequate training and experience
so as to enable him to perform such duty or function under these
Regulations, without any avoidable danger to himself or any other person;
and

(b) have the relevant academic qualifications in mining environmental
management, recognised by the Director and should have a minimum of
two years relevant industrial experience.

(5) The environmental project brief referred to in sub-regulation (1) shall be
prepared by a competent person.

(6) The environmental project brief referred to in sub-regulation (1) shall contain the
information set out in the First Schedule to which shall be attached-

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(a) a brief statement on the impact of the prospecting, exploration or mining
operations on the environment; and

(b) information on any remedial action, if any, to be implemented and complied
with.

(7) The Director shall comment on the environmental project brief and shall, within
ten days of receipt of such environmental project brief, make recommendations to the
Council for consideration.

(8) The Council shall, within forty days of receipt of the environmental project brief,
inform the Director of its decision.

(9) If the environmental project brief is incomplete, the Council shall send it back to
the Director with comments, and the Director shall inform the developer referred to in
sub-regulation (1), to re-submit the environmental project brief within twenty-one days.

(10) The Director shall write to the developer authorising him to develop the mine, if
the mining operation has no significant impact on the environment.

(11) This regulation shall apply to-

(a) all proposed mining operations whether they are part of a previously
proposed mining operation or not;

(b) any alterations, modifications or extensions of any existing mining
operation, which the Director or the Council directs, based on the
information contained in the project brief, that an environmental impact
assessment should be prepared.

(12) The provisions of the Environmental Protection and Pollution Control
(Environmental Impact Assessment) Regulations, 1997 relating to environmental project
briefs shall apply to any application made under this regulation.

4. (1) Where the Director determines that the exploration, prospecting or mining
operation is likely to have a significant impact on the environment, the Director shall
request the developer to prepare an environmental impact statement in accordance with
these Regulations.

Environmental impact
statement procedure

(2) The environmental impact statement referred to in sub-regulation (1) shall be
prepared by a competent person.

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(3) The provisions of sub-regulation (3) of regulation 3 shall apply to this Regulation.

(4) The developer referred to in sub-regulation (1) shall submit nine copies of the
Environmental impact statement to the Director within sixty days of receipt of the request
from the Director.

(5) The environmental impact statement shall contain the information set out in the
Second Schedule.

(6) If the environmental impact statement is unacceptable or significantly
incomplete, the Director shall, within thirty days of receipt of such environmental impact
statement, inform the developer, stating-

(a) the issues that need further consideration;

(b) that he should re-submit the environmental impact statement with alteration
or corrections within thirty days of that request; or

(c) any further data to be collected.

(7) The Director shall register each environmental impact statement.

5. (1) The environmental impact statement shall contain- Contents of
environmental impact
statement

(a) an executive summary of the impact of the exploration, prospecting or
mining operation on the environment;

(b) an environmental management plan;

(c) a plan for rehabilitation and management; and

(d) the estimated cost of protecting the environment.

(2) The cost of protecting the environment referred to in paragraph (c) of
sub-regulation (1) shall include-

(a) the operational cost of protecting the environment, covering the full life of
the mine;

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(b) the cost of rehabilitating the mine, covering the full life of the mine;

(c) the cost of decommissioning; and

(d) the operational cost of protecting the environment after the closure of the
mine.

(3) The estimate of the cost of the rehabilitating the mine shall be in the form set out
in the Third Schedule.

(4) The developer shall make a commitment, in writing, to the Director to-

(a) meet the costs referred to in sub-regulation (2); and

(b) implement the environmental impact statement.

(5) The developer shall attach to the environmental impact statement-

(a) a map showing the location of the tailings, waste and overburden dumps;

(b) a map showing the area covering the mining right or permit and the location
of the dumps in relation to the mine structures and the natural and physical
features;

(c) the total tonnage and chemical composition of the materials dumped; and

(d) the statement of any rehabilitation work to be undertaken.

(6) The map referred to in paragraph (a) of sub-regulation (5) shall be-

(a) made of durable material;

(b) deposited at the office of the Director and updated by every thirteenth day
of September of each year, and

(c) updated immediately on the cessation of mining, abandonment of a mine or
at the request of the Director.

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(7) A developer shall appoint a competent person to update the environmental
impact statement once a year.

6. (1) A developer may apply to the Director for a partial or complete closure of a
mine.

Mine site closure

(2) The application referred to in sub-regulation (1) shall include an audit report on
the environment surrounding the mine site which shall be prepared by an independent
person.

(3) A mine site shall be closed within sixty days of the application referred to in
sub-regulation (1), after all the conditions under these Regulations have been met.

(4) The Director shall issue a closure certificate for any mine closed and the mining
right or permit or part thereof shall be cancelled by the Minister.

7. (1) The Director shall keep a record of an environmental impact statement, map
or other document for any mine temporarily or permanently closed or abandoned.

Records of closing
down mine

(2) The records referred to in sub-regulation (1) shall be open for inspection by the
public during normal working hours.

(3) Notwithstanding subsection (2), the records referred to in that subsection shall
not include proprietory information.

8. (1) An Audit report on the impact on the environment of any exploration,
prospecting or mining operation shall be prepared by two independent competent persons
and shall contain information as to whether the environmental impact statement is being
implemented and complied with.

Audit of environmental
impact

(2) Two copies of the report referred to in sub-regulation (1) shall be submitted to
the Director for evaluation.

(3) The Director shall, within thirty days of receipt of the report referred to in
sub-regulation (2), notify the developer of any modifications the Director may consider
necessary and shall state when the next audit on the impact of the exploration,
prospecting or mining operation on the environment shall be conducted.

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(4) The first audit on the impact of any exploration, prospecting or mining operation
on the environment shall be conducted within fifteen months of commissioning such
exploration, prospecting or mining operation.

9. (1) The Minister may, on such conditions as he may determine, exempt any
prospecting, exploration or mining operation from the operation of any provision of these
Regulations in accordance with the Act, or, where a developer is conducting any
experiments or tests on such conditions as the Minister may determine.

Minister's powers to
exempt

(2) The Minister may delegate his function under sub-regulation (1) to the Director.

PART III MINE DUMPSPART III

MINE DUMPS

10. In this Part, unless the context otherwise required- Interpretation of Part

"active dump" means any dump where dumping operations are carried out and
which has not been closed;

"classified dump" means a dump consisting of material deposited and
accumulated-

(a) wholly or mainly in solid form where-

(i) the area covered is more than ten thousand square metres
and the height is more than two metres;

(ii) the height of the dump is more than fifteen metres; or

(iii) the average gradient of the land covered by the material is
more than one in twelve;

(b) mainly in solution or suspension where-

(i) any point is more than four metres above the level of any part
of the adjacent land and is less than fifty metres from the
perimeter of the dump; or

(ii) the volume is more than ten thousand cubic metres;

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"water course" includes any river, stream, ditch, drain, sewer, culvert, cut, dyke,
sluice and passage through which water, whether processed or not
processed, flows.

11. (1) A developer shall apply and give thirty days notice to the Director, before
commencing any dumping operations-

Procedure to be
followed before
dumping

(a) specifying the material to be dumped;

(b) giving a description of the site; and

(c) stating whether the dump shall be a classified dump or not.

(2) A developer shall submit a report containing information set out in the Fourth
Schedule to the Director which shall be prepared by a competent person and shall state
the safety precautions and the other measures to be taken to protect the environment
surrounding the dumping area, before dumping any material on that site.

(3) Where the Director approves the application referred to in subsection (1) the
developer shall, not less than thirty days before he commences any dumping operations,
submit to the Director a plan delineating the area where the dump will be situation,
showing-

(a) one thousand metres from the boundary of the adjacent land at a scale of
not less than 1/5,000, contoured to, oriented to, and co-related to, the mine
surface plan;

(b) all the mining workings, whether abandoned or not, of any previous land
movement, spring, well, watercourse or any other natural, geological or
typographical feature which may affect the security or safety of the dump or
which may be relevant to determine whether the land is suitable for
dumping operations; and

(c) any surface installations.

(4) If the Director considers that the report referred to in subregulation (1) is not
complete, he may direct the developer-

(a) conduct any additional survey tests, borehole or ground-water
measurements; or

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(b) meet any other conditions as he may think necessary and may request that
a supplementary report be made by the person who prepared the previous
report or from a competent person.

(5) If the Director does not approve the dumping application, he shall give reasons
for such refusal within thirty days of receipt of such application.

(6) A developer who is aggrieved by a decision of the Director under this regulation,
may appeal to the Minister.

12. (1) A developer shall make rules relating to any dumping operations carried out
on an active classified dump specifying-

Rules for dumping
operations

(a) the manner in which the dumping operations are to be carried out;

(b) the precautions to be taken to avoid polluting the environment;

(c) the safety precautions to be taken relating to the dump; and

(d) how pollution to the environment shall be monitored.

(2) A developer referred to in sub-regulation (1) shall appoint a competent person to
inspect every classified dump and its surroundings, every week, to ensure that-

(a) the drainage and the ground between the dump and the inter-section of
vertical planes drawn from the boundaries of any mine workings is less than
five hundred metres from the nearest edge of that dump;

(b) the dumping rules are being complied with; and

(c) the measures to control pollution are being complied with.

(3) The competent person referred to in sub-regulation (1) shall make a report which
shall be open for inspection by an inspector stating-

(a) any defect found in any records kept for that purpose at the mine;

(b) the progress made in implementing the provisions of the environmental
impact assessment; and

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(c) any pollution to the environment not initially detected or predicted.

(4) The competent person referred to in sub-regulation (1), shall bring to the
immediate attention of the developer, any pollution to the environment not initially detected
or predicted, to the developer's attention and remedial action.

13. (1) A developer shall apply in writing to the Director to resume dumping on a
decommissioned dump, not less than thirty days before commencing any dumping
operation stating-

Procedure for dumping
on decommissioned
dump

(a) the description of the site on which the dumping will be made; and

(b) the material to be dumped.

(2) The Director shall-

(a) determine whether the dump shall be a classified dump or not; or

(b) notify the developer referred to in sub-regulation (1) that the dump shall be
a classified dump, if that dump may have an impact on the environment.

(3) Where the Director approves the application for dumping on a decommissioned
dump such developer shall follow the procedure referred to in regulation 11, and shall,
before dumping any material on that decommissioned dump, give thirty days notice to the
Director.

(4) Where dumping is to be resumed on a previously decommissioned classified
dump, new rules shall be made and the provisions of regulation 12 shall apply.

(5) A developer shall make a report to the Director if-

(a) such developer makes any change or variation to the specifications of the
dumping site, which he originally submitted to the Director, that may affect
the safety of that dumping site;

(b) such developer makes any change or variation to the mining operations
which may have an adverse impact on the environment; or

(c) the mining operations advances within a horizontal distance of five hundred
metres from the boundary of the dump.

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14. A developer shall not dump any material which is wholly or partially in solution or
suspension or any solid material which may turn into a solution or suspension, over an
area vertically above any mine workings, whether abandoned or not, or is within a
horizontal distance of one hundred metres from where the line of break from the mine
workings intersects the surface.

Prohibition of dumping
over mine

15. (1) A developer shall ensure that a dump is properly drained and shall not carry
out any dumping operations that may cause accumulation of water in, under or near a
dump, making the dump insecure or dangerous.

Drainage of dump

(2) The drainage from any dumping operation shall not enter any mine opening or
subsiding ground over any mine workings, whether abandoned or not.

(3) The developer referred to in sub-regulation (1) shall ensure that-

(a) the drainage system of a dump is maintained and is in proper and safe
working condition;

(b) regular inspections of the dump are made;

(c) the dump is kept secure and safe;

(d) measures to control pollution are being effected; and

(e) the dumping operations are being carried out in accordance with this Part.

(4) A developer shall keep a record of any maintenance or action taken to remedy
any defect in the drainage system.

16. (1) A developer shall appoint a competent person to supervise any person
charged with dumping any material in a classified dump to ensure that-

Supervision of
drainage system by
competent person

(a) the design and the management of the dump; and

(b) the rehabilitation and decommissioning of every dump is done in
accordance with these Regulations.

(2) A competent person appointed under sub-regulation (1), shall make a report-

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(a) of every defect revealed during any inspection of the dump and any action
taken to remedy such defect;

(b) on the condition of the drainage of the dump; and

(c) on any pollution to the environment that is revealed during inspection and
the action to be taken to control such pollution.

17. (1) Notwithstanding sub-regulation (2), a developer shall obtain a report from an
independent competent person on-

Reports by
independent person
regarding classified
dump

(a) each active classified dump;

(b) the condition of the ground between a dump and all surface intersections of
vertical planes drawn from the boundaries of any mine workings less than
one hundred metres from the nearest edge of the dump;

(c) every matter which may affect the security or safety of the dump, ground or
mine workings;

(d) any significant impact on the environment not originally predicted; and

(e) the progress made in implementing the environmental impact statement.

(2) The report shall contain information stating-

(a) whether or not the dump is safe;

(b) whether there has been any change in the design of the dump or in the
nature of the material deposited;

(c) in detail, whether there may occur or there is likely to occur any subsidence
or other surface movement which may affect the safety of the dump or any
mine workings, whether abandoned or not;

(d) any surveys, tests, boreholes or groundwater measurements made for
purposes of the report and the results;

(e) the precautions to be taken during any dumping operations to avoid
pollution of the environment and prevent a nuisance; and

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(f) any recommendation to modify the environmental impact statement.

(3) The report referred to in sub-regulation (1) shall be obtained-

(a) at intervals of two years;

(b) as soon as practicable after a dangerous occurrence relating to a dump,
ground or mine working happens;

(c) as soon as it is practicable after a significant impact on the environment not
originally predicted occurs;

(d) after any alteration is made to any specifications or design of a dump; or

(e) if there is any change in the nature of the material dumped which may
affect the safety of the dump or the environment.

(4) A copy of the report referred to in sub-regulation (1) shall be kept at the office of
a mine for inspection by an inspector and another copy sent to the Director.

(5) If the area was not previously used as a dumping site, the first report shall be
made not more than two years after the date on which dumping operations commence.

18. (1) A developer shall, for every active classified dump, keep- Reports on active
classified dumps

(a) any record relating to such classified dump obtained under regulation 16;

(b) a record of any written directions given by an inspector;

(c) accurate plans and sections of all the dumps and the dumping area
showing clearly and accurately the state of the dump, fifteen months from
the date any dumping commences or after such period as the Director may
direct in writing;

(d) accurate plans of adjacent land within one thousand metres from the
boundary of the dump and the sections showing any surface installation,
mine workings whether abandoned or not and any geological or other
feature that may affect the safety of the dump;

(e) any record completed at the end of each month relating to the nature,
quantity and location of the material deposited in such classified dump; and

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(f) a copy of the environmental impact statement.

19. An inspector, competent person or a person in charge of a mine shall inform a
developer of any abnormal or unusual matter recorded in any report relating to any dump
and the developer shall in turn inform the Director.

Reporting of unusual
or abnormal matter

20. (1) Within thirty days of ceasing any dumping operations, and after completing
the procedure set out in these Regulations a developer shall, apply to the Director for a
classified dump to be closed.

Closure of dumping
site

(2) An application referred to in sub-regulation (1) shall be accompanied by-

(a) an audit report on the impact of the dump on the environment prepared by
an independent competent person;

(b) a copy of the environment impact statement;

(c) a copy of the records of the progress made in implementing the
environmental impact statement; and

(d) a report on the progress on rehabilitating the dump indicating the
environmental status of the dump and the surrounding areas and the
amount of work still outstanding to rehabilitate the dump.

(3) The Director shall within four weeks of receiving the application referred to in
sub-regulation (1), inform the developer, in writing, whether he accepts or rejects the
application.

(4) Where the Director rejects the application he shall inform the developer, in
writing, to make any alterations to the environmental impact statement, as he may think
necessary.

(5) The report referred to in paragraph (d) of sub-regulation (2), shall be submitted
every twelve months throughout the period the dump is being rehabilitated and
decommissioned.

(6) The Director shall close a dump when all the conditions have been met by the
developer.

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21. (1) A developer shall appoint a competent person to inspect- Inspection of
decommissioned
classified dump

(a) every decommissioned dump and the surrounding land situated one
thousand metres from the boundary of the dump; and

(b) where the environmental impact statement is being complied with.

(2) Where the dump consists of material mainly in solution or suspension form, the
inspection shall be at intervals not exceeding six months.

(3) Where the dump consists of material in a solid state, the inspections shall be at
intervals not exceeding twelve months.

(4) A competent person referred to in sub-regulation (1), shall make and sign a full
and accurate report of every defect or pollution to the environment which he discovers.

(5) The report referred to in sub-regulation (4) shall be kept at the office of the mine
for a period of five years and shall be open for inspection by the public during normal
working hours.

22. (1) A developer shall submit to the Director- Report on
decommissioned
classified dump

(a) a report prepared by an independent competent person relating to the
safety and environment status of a decommissioned dump not yet closed,
at intervals not exceeding-

(i) five years for a dump consisting of material wholly or mainly in solution
or suspension form;

(ii) ten years for a dump of material mainly in a solid state;

(b) a special supplementary report as soon as is practicable, if any pollution to
the environment relating to a decommissioned dump not yet closed occurs;
and

(c) a report within seven days, when the mine workings reach a horizontal
distance of five hundred metres from the boundary of a decommissioned
classified dump and the effect of such mine workings on the safety of the
dump.

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(2) The report referred to in sub-regulation (1) shall contain-

(a) the provisions set out in the Fifth Schedule;

(b) information on the safety of the dump;

(c) details of any subsidence or any other ground movement that may affect
the safety of the dump indicating any danger to the mine workings;

(d) details of the progress of any rehabilitation work undertaken in accordance
with the approved environmental impact statement; and

(e) information on the nature and extent of the inspection and supervision and
the measures that should be taken to prevent or control pollution or abate
nuisance.

23. (1) A developer shall keep a record at the mine of any plans and sections of a
decommissioned classified dump including-

Keeping of plans,
sections, etc. of
decommissioned
classified dump

(a) any particulars of any dumping, building, mining operations or engineering
operations which may affect the safety of the dump or any survey or tests;

(b) any accurate plans and sections of every dump and the land adjacent to it,
showing the extent of the dump from the date dumping operations ceased
and decommissioning began;

(c) information showing the chemical composition and amount of material
deposited, in tonnes;

(d) any accurate plans of the land adjacent to the dump, which is within one
thousand metres from the boundary of the dump;

(e) any accurate sections of the strata underlying the dump, showing any
variation in the thickness or character of the strata, which may affect the
safety of the dump;

(f) a report, updated annually, on the progress of rehabilitating the dump and
the surrounding area;

(g) any report relating to the dump as provided for under these Regulations;
and

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(h) any instructions given by an inspector relating to the dump.

(2) Any book, plan or other record referred to in sub-regulation (1) shall be open for
inspection by an inspector.

24. (1) A developer shall submit to the Director- Submission of reports
for closed dump

(a) all reports required under regulation 23;

(b) a report on the progress of rehabilitating the dump and the surrounding
area; and

(c) the final audit on the environment conducted by an independent person.

PART IV AIR QUALITY AND EMISSION STANDARDSPART IV

AIR QUALITY AND EMISSION STANDARDS

25. (1) Except as provided for in the Sixth Schedule, a developer shall comply with
the ambient air quality and emission standards established under the Air Pollution
(Licensing and Emission Standards) Regulations, when discharging any toxic substance
or harmful dust into the atmosphere.

Air quality and
emission standards
Cap. 204

(2) The Director shall provide air quality limits to a developer where specific air
quality limits or guidelines are not provided for under the Air Pollution (Licensing and
Emission Standards) Regulations, or under the Sixth Schedule.

Cap. 204

26. The provisions of the legislation on Occupational Health and Safety shall apply
to any person employed by a developer who is at risk of contracting any occupational
disease as a result of any emission or pollutants which may result from any mining
operations.

Application of
Legislation on
Occupational Health
and Safety

27. A developer shall provide adequate supply of water to suppress dust or fumes
generated by a mining operation where effective dust or fume extraction facilities are not
available.

Water for dust
suppression

28. (1) A developer shall provide ventilation which is adequate and effective- Developer to provide
adequate ventilation

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(a) as provided in the Sixth Schedule and in the Air Pollution Control (Licensing
and Emission) Regulations;

Cap. 204

(b) in any surface plant, building or any part of a mine in which any person
travels to and from work or works;

(c) where any dust containing coal, asbestos or siliceous matter is released or
may be released; or

(d) where any toxic substance evolves or may be evolved.

29. (1) Any toxic substance or harmful dust collected and not discharged into the
atmosphere, as provided for in regulation 26, shall be abated at source or as near to the
source as is practicable.

Removal of toxic
substance or dust

(2) A toxic substance shall not be released from any surface plant or building in
which any dust referred to in sub-regulation (1) is handled, processed, stored or evolved.

(3) Where the concentration of toxic substances determined under sub-regulation
(1), are suspected to be harmful to any person or the environment, the frequency of
determining the air quality shall be increased and steps taken to reduce the toxicity to
acceptable levels as provided under the Environmental Protection and Pollution Control
Act.

Cap. 204

(4) In determining the air quality under sub-regulation (1) the Director shall specify-

(a) the concentration of gases specified in the Sixth Schedule;

(b) the dust concentrations; and

(c) the concentration of any other toxic substance which is known or suspected
to be present.

(5) The Director shall keep a record of the results of the air quality determined under
sub-regulation (1), which record shall be signed by the ventilation engineer and the senior
mine official of the plant, building or process concerned.

(6) A quarterly report of the results obtained in accordance with sub-regulation (1),
shall be submitted to the Director in such form as the Director may determine.

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30. (1) The Director shall assess the air quality of a scheduled mine or any mine to
determine the air quality of a surface plant at intervals not exceeding thirty-one days.

Determination of air
quality in surface
plants

(2) In making the assessment under sub-regulation (1) the Director shall consider;

(a) dust concentrations;

(b) concentrations of the gases specified in the Second Schedule of the
regulations; and

(c) concentrations of any other toxic substance which is known or suspected to
be present.

PART V WATER STANDARDSPART V

WATER STANDARDS

31. The water rights of any mining activity shall be as provided for in the Water Act. Water rights
Cap. 312

32. The quality of drinking water provided by a developer to his employees shall be
as provided in the Seventh Schedule.

Access to drinking
water

33. The quality of any water effluent entering a stream in a mining area which is
licensed as a discharge site, shall be as provided for in the Third Schedule to the Water
Pollution Control (Effluent and Waste Water) Regulations.

Regulating effluent
water discharge
Cap. 204

PART VI STORAGE, HANDLING AND PROCESSING OF HAZARDOUS
MATERIALPART VI

STORAGE, HANDLING AND PROCESSING OF HAZARDOUS MATERIAL

34. (1) In this Part, unless the context otherwise requires- Interpretation

"bowser" means a mobile vessel used for conveying fuel underground or from the
surface to underground;

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"container" means a movable vessel, which has a capacity of not more than two
hundred litres and not less than twenty litres, used for storing or conveying
hazardous liquid;

"corrosive" means any substance that by chemical action may cause damage
when in contact with any living tissue or any other substance;

"hazardous material" means-

(a) any substance which is a potential source of harm or danger;

(b) any corrosive, inflammable or combustible solid or liquid, ionising
radiation and its source or petroleum product; or

(c) any toxic substance, hazardous liquid or hazardous solid;

"highly inflammable liquid" means any liquid which has a flash point of 7 degrees
celsius or below;

"inflammable and combustible solid" means any carbonaceous or organic solid
capable of self-igniting or of being ignited;

"inflammable combustible liquid" means any liquid which has a flash point below 93
degrees celsius;

"inflammable liquid" means any liquid which has a flash point above 7 degrees
celsius but below 60 degrees celsius;

"ionising radiation" means any radioactive substance, whether sealed or unsealed
and any machine or apparatus which emits ionising radiation particles
charged at a voltage of not less than five kilovolts;

"mobile container" means any vessel mounted on wheels, tracks or skids, whether
self-propelled or not, used for the transportation of any hazardous liquid
and includes a bowser, tanker and trailer;

"petroleum product" means any derivative or product of crude petroleum oil and
includes any liquidified hydrocarbon gas and its distillates;

"portable container" means any vessel which has a capacity of not more than
twenty litres used for the storage or conveyance of any hazardous liquid;

"vehicle" means any wheeled or tracked self propelled unit, track or wagon owned
or operated by a mine or contractor on the mine;

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"tanker" means a mobile vessel used for the transportation of any hazardous liquid,
by road or rail, on the surface;

"combustible liquid" means any liquid which has a flash point above 60 degrees
celsius but below 93 degrees celsius;

"vessel" means any object or container used to carry hazardous, inflammable or
combustible liquid, or petroleum products.

35. Any building, installation or equipment for storing any liquid under this Part, shall
be suitable for storing such liquid.

Suitability of building,
installation and
equipment

36. Any liquid under this Part shall be stored, handled and processed in a manner
that is safe and healthy for any person working in that mine.

Safe working practice

37. A developer shall ensure that an appropriate code of safe working practice is
enforced in accordance with regulation 37.

Code of safe working
practice

38. Any inflammable combustible liquid shall be classified as follows: Inflammable
combustible liquid

(a) class I: any liquid which has a flash point below 38 degrees celsius;

(b) class II: any liquid which has a flash point above 38 degrees celsius but
below 60 degrees celsius;

(c) class III: any liquid which has a flash point above 60 degrees celsius but
below 93 degrees celsius.

39. (1) Except petrol in a tank of a vehicle, a highly inflammable liquid in excess of
twenty litres shall not be stored in any container in a building.

Storage of highly
inflammable or
combustible liquids

(2) Except fuel oil or any liquid stored in an industrial pressure cylinder, a
combustible liquid shall not be taken underground without the prior approval in writing of
the Director.

(3) No petrol shall be taken underground.

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(4) Two incompatible hazardous liquids under this Part shall not be stored in close
proximity of each other.

40. (1) Any vessel used for storing, conveying or transporting any hazardous liquid
shall-

Vessel for storing,
conveying or
transporting liquid

(a) be sealed with a positive sealing device and where the vapour of that liquid
may generate pressure to a dangerous level that container shall be sealed
using a pressure relief valve;

(b) have a built in relief mechanism; and

(c) be clearly marked and labelled and, have prominently displayed on it, a
label giving an appropriate warning of the dangers of such liquid.

(2) The conditions for storing any hazardous liquid shall be as prescribed in the
Eighth Schedule.

41. (1) A person transferring any hazardous liquid shall- Transferring
hazardous liquid

(a) only load or unload one container at any one time and shall do so with the
help of other people;

(b) use a suitable transfer pump or other safe means, when transferring any
liquid into, or from, any mobile container or tank;

(c) not use a vessel that is pressurised or discharge any liquid unless the
conditions relating to a pressure vessel are met, in accordance with the
provisions of the Mining Regulations, 1997.

(d) use a vessel which is electrically bonded or protected against dangerous
electro-static build-up;

(e) take adequate precautions to protect any person from any danger arising
from the movement of such liquid; and

(f) not mix one type of inflammable or corrosive liquid with another.

(2) Notwithstanding paragraph (b) of sub-regulation (1), a gravity head of any
hazardous liquid discharged may be used where a positive means for stopping the flow of
that hazardous liquid is adequately secured at source.

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(3) The gravity head of the hazardous liquid referred to in sub-regulation (2) shall
not exceed thirty metres without the prior approval, in writing, of the Director.

42. (1) Where the quantity of any hazardous liquid stored inside any building
exceeds two hundred litres, that liquid shall be stored inside a storage room set aside for
that purpose.

Storage of any
hazardous liquid in
storage room

(2) The storage room, referred to in sub-regulation (1), shall not contain more than
two thousand litres of any hazardous liquid.

(3) The storage room referred to in subsection (2) shall-

(a) be located in such a position that fire may not spread quickly and shall have
a minimum of two hours resistance;

(b) have suitable fire-fighting equipment located in suitable positions, outside
the room;

(c) be fitted with a high and low system of ventilation flowing outside;

(d) be built with a floor that can easily be drained;

(e) have facilities to relieve pressure where there is likelihood of any danger.

(f) have prominently displayed at suitable places, inside, and outside that
room, notices bearing the following inscriptions: "NO SMOKING", "NO
FIRES" and "NO NAKED LIGHTS"; and

(g) have electric light bulbs, inside that room, adequately protected with all
switches and fuses affixed outside.

(2) Any vessel kept in the storage room shall be suitably sealed when not in use.

43. (1) Where the quantity of any hazardous liquid stored outside any building in a
storage shed exceeds two hundred litres, that shed shall-

Storage of hazardous
liquid in storage shed

(a) have a space of at least five metres from any cultivation, shrub or grass and
other inflammable or combustible materials capable of causing fire;

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(b) be constructed of non-flammable material;

(c) have suitable fire-fighting equipment located at suitable positions outside
the shed;

(d) be fitted with a high and low system of ventilation flowing outside;

(e) have prominently displayed at suitable places inside and outside the shed,
notices bearing the following inscription: "NO SMOKING", "NO FIRES" and
"NO NAKED LIGHTS"; and

(f) where illuminated by electric lights, have all bulbs inside that shed
adequately protected with all switches and fuses affixed outside that
storage shed.

(2) A container containing any liquid kept in the shed shall be kept suitably sealed
when not in use.

44. (1) Where the quantity of any hazardous liquid stored on the surface in any
open area exceeds two thousand litres, that open area shall-

Storage of hazardous
liquid in open area

(a) be adequately fenced at a distance of five metres from the surrounding
area, away from any cultivation, shrub or grass and other inflammable or
combustible materials that can cause fire;

(b) have prominently displayed, at suitable places outside the fenced area,
notices bearing the following inscription: "NO SMOKING", "NO FIRES" and
"NO NAKED LIGHTS"; and

(c) have electric light bulbs, within that fenced area, adequately protected with
all switches and fuses affixed outside that fence.

45. (1) Where the quantity of any hazardous liquid stored in any vessel exceeds
two thousand litres, the conditions set out in the Ninth Schedule to these Regulations shall
apply.

Storage of hazardous
liquid

(2) A plan of the area where the vessel is to be installed and the specifications of
the vessel shall be submitted to the Director accompanied by a plan of the site showing
how any potential contamination of the soil shall be prevented or controlled.

(3) The Director shall approve the plan referred to in sub-regulation (2) within sixty
days of receipt of such plan.

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46. (1) A person shall not re-fuel any self-propelled vehicle with petrol or fuel-oil
except at a filling station constructed in a mining area in accordance with regulation 47.

Re-fueling of petrol
and fuel oil in a mining
area

(2) When it is impracticable to comply with the requirements under sub-regulation
(1), a person may re-fuel from suitably equipped, mobile container with the prior approval,
in writing, of the Director, and in case of an emergency, a small quantity of petrol or
fuel-oil, sufficient to enable a vehicle to be driven to a filling station, may be taken to that
place in a portable container.

(3) The Director may approve, in writing, re-fuelling underground directly from a
bowser, in the initial stages of any mining operations, if it is not practicable for a filling
station to be constructed.

(4) A person shall not re-fuel at any filling station or at any other place, while the
engine of the vehicle being re-fuelled is running.

(5) A person shall not re-fuel within three metres from any live trolley line conductor.

47. (1) Any filling station in a mining area shall- Filling station in mining
area

(a) be constructed out of non-flammable materials;

(b) be accessible in not less than two ways;

(c) be ventilated by a flow of sufficient air to dilute any gas emitted during
re-fuelling;

(d) have a concrete floor that is impervious and free of cracks and shall be
sloped to facilitate cleaning and collection of any spilt fuel;

(e) be provided with suitable fire-fighting equipment;

(f) open between hours of sunset and sunrise on the surface and at all times
underground; and

(g) be equipped with suitable electric lighting and the bulbs and tubes for the
lighting shall be adequately protected.

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(2) A competent person shall be in charge of a filling station or any other place
where petrol or fuel-oil is stored.

(3) The provisions of sub-regulation (3) of the Regulation (3) shall apply to this
Regulation, with the necessary modifications.

48. A developer shall transport fuel from the surface to the underground or between
places underground in a bowser, approved in writing, by the Director.

Transportation of
fuel-oil underground

49. Any fuel-oil used underground to power any engine shall be as specified in the
Ninth Schedule.

Specification of fuel-oil
underground

50. The total quantity of fuel-oil permitted underground shall not, as far as is
reasonably practicable, exceed the quantity likely to be normally consumed within a period
of seven days.

Amount of fuel-oil
permitted underground

51. (1) Where any petrol of fuel-oil is spilled in any place it shall be removed
immediately, and if, in the process of removing the petrol or fuel-oil, any material is
contaminated, that material shall be placed in a suitable container for subsequent
destruction or other safe disposal.

Spillage of fuel-oil

(2) Any person who spills petrol or fuel-oil on an engine or vehicle that person shall
immediately ensure that the petrol or fuel-oil is removed.

(3) A person shall not wash any petrol or fuel-oil into any drainage system or any
place where it may cause danger or pollution to the environment.

52. Except a bowser, any container, used to transport any hazardous liquid under
this Part shall-

Transporting of
hazardous liquid in
container

(a) be fitted with surge plates;

(b) have filling pipes which extend below the level of the suction pipe;

(c) have a vent of not less than fifty millimetres in diameter, fixed to each
vessel and protected by two wire gauze diaphragms which do not corrode,
each of which shall have a linear mesh aperture of not less than 0.4
millimetres or more than 0.6 millimetres and diaphragms spaced not less
than seventy-five millimetres apart;

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(d) be earthed in accordance with the provisions of the Mining Regulations,
1997, during transportation of any hazardous liquid and the resistance of
any connection shall not exceed five ohms;

(e) be equipped so that the volume of the liquid in the container may be
accurately ascertained at any time;

(f) have prominently displayed;

(i) on the front, rear and each side, the name of the hazardous liquid being
transported and its category in accordance with regulation 35;

(ii) any special action to be taken or any action to be avoided, in an
emergency concerning the hazardous liquid being transported; and

(iii) any prohibitions to be observed by persons near the mobile container;

(g) be equipped with suitable fire-fighting equipment adequate to combat fire in
its initial stage;

(h) be fitted with the requirements specified in the Roads and Roads Traffic Act
in relation to that liquid;

Cap. 464

(i) have an air space of not less than 2.5 per cent of the total capacity of that
container;

(j) have all elements of any articulated container electrically bonded; and

(k) be securely attached to the chassis.

53. A developer transporting fuel-oil in a bowser shall transport such fuel in a
bowser-

Transporting fuel-oil in
bowser

(a) fitted with filling pipes which extend below the level of the suction pipe;

(b) which has a vent of not less than fifty millimetres in diameter, fixed to each
vessel and protected by two wire gauze diaphragms that do not corrode,
each of which has a linear mesh aperture of not less than 0.4 millimetres or
more than 0.6 millimetres and diaphragms spaced not less than
seventy-five millimetres apart;

(c) earthed in accordance with the provisions of the Mining Regulations, 1997,
and the resistance of any connection shall not exceed five ohms;

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(d) clearly marked;

(e) equipped with suitable fire-fighting equipment adequate to combat fire in its
initial stage;

(f) fitted with a suitable reflector at each end; and

(g) with an air space of not less than 2.5 per cent of the total capacity of such
bowser.

54. Any developer who transports acid using a mobile container or road tanker shall,
in addition to the provisions of regulation 52-

Transporting corrosive
liquid in mobile
container

(a) prominently display on the front, rear and each side of such container or
road tanker a notice bearing the following inscription: "DANGER ACID", and
shall have a clearly visible flashing light when transporting the acid;

(b) have at all times, at least twenty litres of water to be used for diluting the
acid in case it burns any person; and

(c) have adequate chains between the trailer and the tanker at each side of the
tow-bar where the tanker is towing a trailer tanker.

55. (1) A person shall not smoke or use any naked lights at any filling station or at
any other place where petrol or fuel-oil is stored or where vehicles are re-fuelled.

Prohibition of smoking
and naked lights

(2) A notice shall be displayed at a filling station and other places referred to in
sub-regulation (1) stating the prohibition referred to in that sub-regulation.

(3) A developer shall provide adequate fire-fighting facilities at a filling station or
other places referred to in sub-regulation (1).

56. A developer shall not use a road tanker transporting any corrosive liquid to tow
any other vehicle.

Prohibition of towing

57. (1) Where any inflammable or combustible solid is stored at any place, the
following conditions shall apply;

Storage of
inflammable or
combustible solid

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(a) adequate precautions shall be taken to prevent spontaneous combustion or
self-ignition;

(b) sufficient ventilation shall be provided to dilute spontaneous combustion or
self-ignition;

(c) incompatible solids shall be stored apart;

(d) suitable fire-fighting equipment shall be provided; and

(e) a notice bearing the following inscription: "NO SMOKING", "NO NAKED
LIGHTS" and "NO FIRES" shall be prominently displayed at suitable
places.

(2) Any inflammable and combustible solids shall be stored in a safe and suitable
manner at a safe distance from any explosives, magazine, storage box or shaft.

(3) Notwithstanding sub-regulation (2), an inflammable or combustible material
awaiting transportation underground may be temporarily stored at the shaft bank if
suitable precautions are taken to prevent danger from fire.

58. A person shall not touch or move any container or vessel containing any
hazardous material which is leaking until a competent person has personally examined
the container and has given instructions on the action to be taken.

Prohibition of touching
or moving damaged
container

59. (1) Where any repair is to be undertaken inside any vessel or mobile container
which contains any hazardous material, the following procedure shall be followed:

Repairs to mobile
container

(a) the mobile container or vessel shall be opened and thoroughly ventilate
before any repairs are undertaken;

(b) a suitable sampling apparatus shall be used to determine the level of any
concentration of gas, vapour or fumes in the container;

(c) a person shall not enter the vessel or mobile container until it is safe to do
so;

(d) a competent person, who has personally examined the vessel or mobile
container and who is satisfied that it is safe to do so, shall certify that
repairs be undertaken specifying-

(i) the repairs to be undertaken;

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(ii) the manner in which such repairs shall be undertaken; and

(iii) the precautions to be observed;

(e) where the container contains inflammable, combustible or toxic liquid, it
shall be purged; and

(f) where any scale or sludge is to be removed, the repairs shall only be
undertaken with suitable non-ferrous tools.

(2) Where any repair is to be carried out on the outside of any tank or mobile
container, suitable precautions shall be taken to ensure that no person is endangered
while conducting such repairs.

60. Where any repairs have to be carried out on any bowser which contains a
hazardous liquid, the provisions of regulation 59 shall apply.

Repairs to bowser

61. Where any repairs have to be carried out on any vessel which contains
hazardous material, the provisions of regulation 59 shall apply before any person enters
the container.

Repairs to vessel

62. The provisions of the Ionising Radiation Act shall apply to any place in which
ionising radiation or any radio-active substance is present.

Ionising radiation
Cap. 311

PART VII INSPECTIONPART VII

INSPECTION

63. (1) The Director shall appoint authorised persons in accordance with the
provisions of section eighty-three of the Act.

Inspection of mining
operations

(2) The Director shall issue an identity card set out in the Tenth Schedule to each
authorised person.

(3) Any person who obstructs the Director in the performance of his duties under
this Part shall be guilty of an offence.

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64. (1) An authorised person shall have powers, on production of the identity card
issued to him under regulation 63, to inspect any mining operation and conduct such
inquiries and tests to ensure that the provisions of the Act and these Regulations are
being complied with.

Power of authorised
person

(2) In inspecting any mining operation referred to in sub-regulation (1), an
authorised person shall ensure that the mining operation does not have a severe impact
on the environment and the records kept are in accordance with the provisions of these
Regulations.

(3) The mining operations and records referred to in sub-regulation (2), shall not
apply to proprietory information.

(4) An authorised person shall furnish the Director with such reports and such other
information relating to the matters referred to in sub-regulation (2) as the Director may
direct.

PART VIII THE ENVIRONMENTAL PROTECTION FUNDPART VIII

THE ENVIRONMENTAL PROTECTION FUND

65. (1) A developer shall contribute to the fund established under the Act. Contribution to Fund

(2) The contributions referred to in sub-regulation (1), shall depend on the capacity
of the developer to rehabilitate the mining operations that may have an adverse impact on
the environment, as may be determined by the Director.

(3) A person referred to in sub-regulation (2), shall apply for a refund of his
contribution, less the monies owed to Government as provided for under the Act, if a mine
site is declared closed.

66. (1) The contributions to the Fund referred to in regulation 65, shall be calculated
depending on the performance of each developer, and shall be categorised as set out in
the Eleventh Schedule

Fund contributions

(2) The Director shall inform the developer of the category in which the prospecting,
exploration or mining operation shall fall and the contribution to the fund using the Form
as set out in the Third Schedule.

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(3) The contribution shall be deposited with the Fund over a period of five years
beginning the year the prospecting, exploration or mining operations are commissioned in
the case of new operations, or when the developer submits an approved environmental
impact statement in the case of existing mines or project briefs for prospecting and
exploration projects.

(4) A new prospecting, exploration or mining operation shall not be classified in
category 1 of the Eleventh Schedule.

(5) A developer who is aggrieved by any decision made under this regulation, may
appeal against such decision in accordance with, and as provided for, under section
ninety-five of the Act.

67. The Director may give concessions to a developer after assessing- Concessions by
Director

(a) the approved environment impact statement of new or existing mining,
prospecting or exploration operations,

(b) the annual audit report on the environment submitted to the Director; and

(c) any inspection or investigation that the Director may consider necessary for
environmental audit report purposes.

PART IX MISCELLANEOUSPART IX

MISCELLANEOUS

68. Except for any proprietory information, the public shall have access to projects
briefs, environmental impact statements, comments made by the public hearing reports
kept by the Director.

Public access to
information

69. (1) A developer shall provide appropriate protective clothing to any employee
exposed to any pollutant from a mining process or the environment which may cause
injury or impairment to the function of the body of such employee.

Protective clothing

(2) An employee to whom personal protective clothing is provided under
sub-regulation (1), shall maintain such clothing in a sanitary and proper condition.

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70. A developer who operates a mine, where any toxic substance is handled,
processed or stored, shall provide-

Provisions of washing
and eating facilities
where toxic
substances are
handled

(a) adequate washing facilities to be used by these employees at the end of
each shift; and

(b) adequate facilities immediately adjacent to the washing facilities established
under paragraph (a), where such employees shall eat during working hours.

71. A developer shall issue an appropriate code of safe working practice for use by
all the employees who work in hazardous conditions, to ensure, as far as is reasonably
practicable, the safety and health of his employees.

Code of safe working
practice

72. A developer who makes, or causes any other person to make, an excavation
into which a person or animal may fall, shall make a regular ridge around the boundary of
the excavation or take such other measures as are necessary for the safety or health of
such person or animal.

Protection at surface
excavation

73. (1) Where any mining operation has caused or is likely to cause any crack,
subsidence or cavity on the surface in any area, the whole of the area shall be kept fenced
or bounded and shall be a caving area and sufficient notices prohibiting unauthorised
entry to the area shall be prominently displayed at suitable places along the fence or
bounds.

Crack, subsidence or
cavity

(2) No person shall carry out any mining operations likely to cause any crack,
subsidence or cavity on the surface within a horizontal distance of one hundred metres
from any building, road, railway, lake, river, or any other structure or feature on the surface
requiring protection, unless written permission is obtained from the Director, under such
conditions as he may prescribe.

(3) No person shall erect or construct a building, power line, road or railway within
one hundred metres from the line of break of a caving area, except with the written
permission of the Director.

(4) No person shall deposit tailings or other fluid material at any place on the
surface of a mine, without the prior approval in writing of the Director.

(5) No person shall enter any caving area, except for the purpose of performing
statutory duties.

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75. A dump which may cause spontaneous combustion, shall be situated in such a
position that it may not cause fire and shall not-

Danger from
spontaneous
combustion

(a) be a danger to any person;

(b) damage any mine shaft, open pit mine, quarry or building; or

(c) pollute the environment.

74. (1) Any person who contravenes any provisions under these Regulations shall
be guilty of an offence and shall be liable upon conviction to a fine not exceeding twenty
thousand penalty units or to imprisonment for a term not exceeding two years or to both.

General penalty

(2) If the offence referred to in subsection (1) is committed by a company, each
person who is a director or is a person in-charge of that mine shall be guilty of that
offence, if it was committed with his knowledge.

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FIRST SCHEDULE

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(Regulation 3)

INFORMATION TO BE CONTAINED IN ENVIRONMENTAL PROJECT BRIEF

1. Name of developer

2. Address of developer

3. Telephone number of developer

4. Fax numbers and electronic mail address

5. Name of owner of mine

6. Mine manager or the person responsible for mine

7. Prospecting permit or mining right or licence number

8. Regional setting:

(a) plan or aerial photograph required;

(b) topography (Plan required);

(c) surface infrastructure (such as roads, railway lines and power lines in the vicinity).

9. A brief description of the regional climate:

(a) mean monthly and annual rainfall for the site;

(b) mean monthly maximum and minimum temperatures;

(c) mean monthly wind direction and speed-where appropriate (such as in urban areas and if such information
is freely available);

(d) mean monthly evaporation; and

(e) incidence of extreme weather conditions-floods, drought, high winds.

10. Soil:

(a) plan required;

(b) a description of the soil types to be disturbed, their fertility, erodibility and depth;

(c) pre-mining land use (proportions of the land used as arable land, grazing land, wetland, and wilderness
land, and existing structures and any evidence of misuse).

11. Natural vegetation or plant life

12. Animal life:

Presence of rare or endangered species.

13. Surface Water:

(a) plan required;

(b) the presence of water course, streams, rivers, dams, and pans should be indicated; and

(c) surface water quality.

14. Groundwater (information readily available):

(a) depth of water-table, presence of water boreholes; and springs (plan required); and

(b) groundwater quality and use.

15. Air quality

16. Noise

17. Sites of archaeological and cultural interest (plan required)

18. Sensitive landscapes

19. Visual aspects

20. Regional socio-economic structure (does not apply for prospecting)

21. Interested and affected parties:

Identify and list known bodies representing interested and affected parties.

22. Geology:

(a) representative logs, and where appropriate, a section through the orebody and surface mapping;

(b) identify and characterise overburden material that will be disturbed, may give rise to a deterioration in water
quality; and

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SECOND SCHEDULE

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(Regulation 4)

CONTENTS OF ENVIRONMENTAL IMPACT STATEMENT

1. A detailed description of the proposed prospecting, exploration or mining operation.

2. An estimate of the expected impact of the prospecting, exploration or mining operation on the environment.

3. The procedure to be used to either prevent, minimise or rehabilitate the adverse environmental impact.

4. The proposed environmental management procedures shall be specified and shall include an adequate
monitoring and reporting system, which shall incorporate the provisions of the Environmental Protection and Pollution
Control Act.

5. Surface infrastructure:

Surface infrastructure (plan required), to include:

(a) Roads, railways and power-lines;

(b) Solid waste management facilities including-industrial and domestic waste disposal sites; mine residue
disposal sites (state or show on the plan, the type of residue, final extent of the dumps, construction
method and water reticulation layout);

(c) Water pollution management facilities, including-

(i) sewerage plant location, its design capacity and the process to be used;

(ii) pollution control dams, dumps, paddocks and evaporation dams (indicate whether these are to be
lined or not); and

(iii) polluted water treatment facility, its design capacity and the process to be used;

(d) Portable waterplant, location, its design, capacity and the process to be used;

(e) Process water supply system, its design, capacity and the process to be used;

(f) Mineral processing plant;

(g) Workshops, administration and other buildings;

(h) Housing, recreation and other employee facilities;

(i) Transport;

(j) Water balance diagram right across the minesite (the diagram should show the water supply source(s), the
water discharge point(s), the evaporation areas and potential seepage points. Each step in the diagram
should indicate the estimated flow, in cubic metres per day, into and out of the facility, whether it is
pumped or gravity fed, piped or an open channel flow, clean or dirty water and, where appropriate, e.g. in
the case of dams, the storage capacity); and

(k) Disturbances of water courses.

6. Storm-water:

(Indicate on a plan the storm water diversion measures designed to separate clean from contaminated water);

7. Geology

8. Topography:

(Plan required of expected post-mining topography. Include what slopes will be created during rehabilitation
and dump construction).

9. Soils:

(Include depths of soil that will be disturbed and how fertility and erosion will be managed);

10. Land capability:

(Plan required of expected post-mining land capability), and use-(include what type of land use is planned).

11. Natural vegetation or plant life:

(For river and stream diversions emphasise equatic plant life. If possible, include a description of the plant life
that will be used during rehabilitation and how the vegetation will be managed).

12. Animal life:

For river and stream diversions, emphasise equatic animal life.

13. Surface water:

Indicate the strategies for managing the following:

(a) the water balance;

(b) storm water;

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THIRD SCHEDULE

(Regulations 5 and 66)

THE REHABILITATION COSTS ESTIMATE

The rehabilitation cost estimate submitted by the developer shall be lodged as a cash contribution with the
Environmental Protection Fund established under the Act over a period of five years beginning in the year mining operation
is commissioned. For new projects, a submission of an acceptable environmental management plan in the case of existing
mines, at the rate of twenty percentum of the total cost each year, If a mining operation lasts less than five years, the cash
contribution rate shall be on a pro-rata basis. There shall be concessions given against the full cash contribution to be
submitted to the Fund which will depend upon the mining operations environmental performance rating as follows:

Category Concession

1. 95% off full rehabilitation cost

2. 90% off full rehabilitation cost

3. 80% off full rehabilitation cost

The levy concessions shall be such that a developer contributes successively decreasing amounts of money to the
Fund over the five year implementation period depending on how quickly the project moves from environmental category 3
to 1. However, this means that the minimum cash contribution that a project can submit to the fund is 5% of the total mine
site rehabilitation cost as estimated by the developer. New projects can upon demonstration of capability be rated as
Category 2 and then work towards achieving Category 1 status. This contribution shall be calculated against concluding
closure costs only and will exclude progressive rehabilitation costs.

ITEMISED REHABILITATION

REHABILITATION COST ESTIMATES

Surface Treatment Estimated Area(ha) Cost(K)
Cost (K/ha)
1. Plough, seed, fertilise, construct
Graded banks, plant area,
roadways spoil
2. Profiling of spoil for topsoil
spreading

3. Pick-up, transport 100 m,
spread Topsoil per 300 mm

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FOURTH SCHEDULE

(Regulation 11)

CONTENTS OF REPORT TO DIRECTOR BEFORE DUMPING

1. The intended total amount of material to be dumped.

2. The average amount of material to be dumped.

3. The chemical composition of the material.

4. The intended dumping method.

5. The details of the site preparation, drainage and foundation.

6. Plans of the proposed dump to a scale of not less than 1/2500 and a section to a scale of not less than 1/1250
or to such larger scale as the Director may in writing approve.

7. The records of the design of the dump.

8. The intended area, height and contour of the boundaries of the dump.

9. The position and the nature of the construction of any wall or other structure.

10. The design and structure of the spillway and the type of material to be deposited there.

11. The nature and extent of inspection, supervision and safety measures necessary during any dumping
operations.

12. The details of measures intended to prevent pollution including information on-

(a) surface hydrology;

(b) existing surface water quality;

(c) riverbed sediment;

(d) ground water hydrology and ground water quality, where applicable;

(e) the extent and location of any ground water aquifers relative to the selected disposal site and how they are
to be protected from pollution;

(f) the monitoring system to be used;

(g) the chemical composition of the material to be deposited which shall be evaluated;

(h) the mineralogy of the selected site to determine the potential of acid mine drainage.

N.B. The environment impact statement provided under regulation 6 shall be attached.

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FIFTH SCHEDULE

(Regulation 22)

CONTENTS OF DECOMMISSIONING AND CLOSURE PLAN

1. Reasons for closure.

2. Infrastructure:

(a) demolition of structures buildings foundations and removal of debris;

(b) rehabilitation of the surface according to section seventy-six of the Act.

3. Mine dumps and residue deposits:

(a) disposal facilities like pipes, solution, trenches, return water dams, etc;

(b) ongoing seepage, control of rain water;

(c) long-term physical and chemical stability; and

(d) final rehabilitation in respect of erosion and dust control.

4. Sealing of underground mining operation:

rehabilitation of dangerous excavations.

5. Progress report of decommissioning:

A developer shall submit to the Director, annually, the progress of the decommissioning of the mining
operating until the area is declared closed by the Director.

6. Maintenance-A decommissioned site which requires maintenance until closure is approved by the Director, shall
be maintained by the developer by-

(a) rehabilitating the land;

(b) Controlling water pollution; and

(c) rehabilitating residue deposits.

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SIXTH SCHEDULE

(Regulation 25)

MAXIMUM PERMITTED QUANTITIES OF CERTAIN GASES IN AMBIENT AIR

Description of gas Maximum permitted quantity of gas in mg/m3

1. Hydrogen sulphide 14

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SEVENTH SCHEDULE

(Regulation 32)

Table 1: GUIDELINE VALUES FOR HEALTH RELATED INORGANIC CONSTITUENTS IN DRINKING WATER (WHO,
1993)

Constituent Guideline Values (mg/L)
Arsenic
Cadmium
Chromium
Cyanide
Fluoride
Lead
Mercury
Nitrate (as N)
Selenium

0.01
0.003
0.05
0.07
1.5
0.01
0.001
10.00
0.01

Table 2: GUIDELINE LEVELS FOR CHEMICAL CONSTITUENTS AND PHYSICAL CHARACTERISTICS THAT MAY
AFFECT
THE AESTHETIC QUALITY OF DRINKING WATER (WHO, 1993)

Constituent Characteristic Guideline Value
Aluminium
Chloride
Colour
Copper
Hardness
Hydrogen Sulphide
Iron
Manganese
pH
Sodium
Solids - total Dissolved
Sulphate
Taste and Colour
Turbidity

Zinc

0.2mg
250 mg C/litre
15 True Colour units
1.0 mg/L
500 mg/L as CaCO3
0.05 mg/L
0.3 mg/L
0.01 mg/L
6.5-8.5
200 mg/L
1000 mg/L
250 mg/L
Not offensive for most consumers
5 Nephelometric turbidity units preferably