Mines and Minerals Act (Cap. 61:01).

This Act, among other things, vests the property of mineral rights in the President, provides with respect to the administration of matters regarding mines and minerals, provides for the granting of mineral rights and related matters, and provides for the protection of the environment in relation with mining operations. The Act also includes provisions concerning dispute resoluation.
No person shall carry on in Malawi reconnaissance, prospecting or mining operations, except under and in accordance with a Mineral Right, a non-exclusive prospecting licence, a claim or a mineral permit. The Minister may appoint a person to be the Commissioner for Mines and Minerals and the Commissioner may designate any public officer to be an authorized officer for the purposes of this Act. The Minister, on behalf of the Republic, may enter into an agreement with any person for the grant of a Mineral Right, i.e. a reconnaissance licence, an exclusive prospecting licence or a mining licence. A District Commissioner may issue a mineral permt (sect. 82). A prospecting or mining licence may include consitions as to, among other things, reforestation and other rehabilitation measures. A holder of a mineral permit shall not enter a forest reserve, national park or other specified protected area. The application for a mining licence shall be accompanied by a kind of environmental impact statement (sect. 37). In deciding whether or not to grant a Mineral Right, the Minister shall take into account the need to conserve the natural resources in or on the land over which the Mineral Right is sought, or in or on neighbouring land. There may be included in a Mineral Right conditions with respect to: (a) the prevention, limitation or treatment of pollution; (b) the minimization of the effects of mining on adjoining or neighbouring areas and their inhabitants.