ZIALE

Head 3
Conveyancing and Legal Drafting

Mining and Non-Mining Rights

July 2021
Barnaby B. Mulenga
 Lesson Outline

Mining Rights:
Definition
Types
Application procedure
Powers over Licences
Appeal Processes
Surface Vs Mining Rights
 Definition of a Mining and Non-Mining Right

“ MINING RIGHT ” means a right granted under subsection (1)

of section thirteen;

Section 13 (1) The following mining rights may be granted

under this Act: (a) an exploration licence; and
(b) a mining licence
(c) Artisan Mining Right (Citizens Only)
Simply defined a Mining right in Zambia refers to either an
exploration or mining Licence

“ NON-MINING RIGHT ” means a mineral processing licence

or mineral trading permit granted under this Act;
 Types of mining and Non-Interests Contd..
The following mining rights may be granted under the Act:
(a) an exploration licence;
(b) a mining licence; and
(c) Artisan Mining Right (For Citizens Only)

The following non-mining rights may be granted under this

Act—
(a) a mineral processing licence;
(b) a mineral trading permit;
(c) mineral import permit;
(d) mineral export permit; and
(e) gold panning certificate.
Application procedure
 Procedure is provided for in SI No. 7 of 2016
 For Mining Right and Non mining Rights use – Forms I to VII
 Fees to be paid
 Artisan Fees – K900
 Small Scale Exploration - K900
 Small Scale Mining – K4500
 Large Scale Exploration - K3000,
 Large Scale Mining – K48,000
 Annual area charges are also payable and vary depending on the type of
licence
 A mining licence can only be issued upon undertaking an Environmental Impact
Assessment conducted by Zambia Environmental Management Agency (ZEMA)
 Renewal of rights allowable subject to adherence to pre-set conditions
 Power Over Licences
The law has granted 4 Directors to exercise the powers related to mining and non-
mining. The Directors relate to Cadastre, Geological Survey, Mining and Mine
Safety.

The Mining Licencing Committee is the body empowered to grant a licence.

 Section 6. (1) There is established the Mining Licensing Committee which shall —
 (a) consider applications for mining rights and non-mining rights and grant,
renew or refuse to grant or renew mining rights and non-mining rights;
 (b) terminate, suspend or cancel mining rights and non-mining rights;
 (c) amend the terms and conditions of mining rights and nonmining rights; and
 (d) advise the Minister on matters relating to its functions under this Act .
 Composition of the Committee
 ) The Mine Licencing Committee consists of the following 11 members
who shall be appointed by the Minister—
 (a) the Director of Mines;
 (b) the Director of Geological Survey;
 (c) the Director of Mines Safety;
 (d) the Director of Mining Cadastre who shall be secretary;
 (e) one representative each of the Ministries responsible for —
 (i) the environment;
 (ii) land;
 (iii) finance; and
 (iv) labour; and
 (f) a representative of —
 (i) the Attorney-General;
 (ii) the Zambia Development Agency; and
 (iii) the Engineering Institution of Zambia .
 Appeal Procedures
Appeals in relation to decisions made by a
Director or the Mine Licencing Committee Lie
with the Minister of mines and Minerals
Development
Any one aggrieved with the Decision of the
Minister can appeal to the Mining Appeals
Tribunal
Anyone aggrieved by the decision of the Mining
Appeals Tribunal can Appeal to the High Court
(Appeals to can as far as the Highest Court)
 Surface Vs Mining Rights
Question is which interest takes precedence over the
other?
Section 52 provides that permission must be obtained
from a surface right holder before commencing
mining. This means a person CANNOT proceed to mine
unless permission is expressly granted in writing by the
person controlling the surface rights e.g. A titleholder
or Chief in the case of customary Land
In the event of a dispute, then the matter shall be
referred to the Director of Mining Cadastre for
Arbitration
Questions?

Thank you for your attention