Mines and Minerals Act, No. 8 of 2018

This Act is made with the objective to regulate the development of mineral resources in the country through adherence to sustainable development principles so as to benefit the economy and promote the economic growth of the country, protect and improve the welfare of the citizens, provide an attractive and conducive environment for investment in the mining sector, manage environmental impacts for the benefit of all present and future generations of Malawians, among others. The Act vests the ownership of minerals in the country on the State. The Act establishes and provides the constitution of the Mineral Resources Committee to examine the qualifications of persons applying for exploration licences, retention licences, medium-scale mining licences and large-scale mining licences and determine their eligibility to be granted the type of licence applied for. Other functions include; to recommend for granting, certain categories of licences; to recommend applications to expand the area of a medium-scale mining licence or a large-scale mining licence; determine whether any Geological Survey Reserve Area should be designated or revoked, among others. The Act also designates the office of the registrar of mineral tenements who shall provide secretariat services for the Mineral Resource Committee, and perform duties like receiving applications relating to mineral tenements, maintaining a chronological record of all applications received for mineral tenements, maintain the cadastre of mineral tenements, among others. According to the Act, a person shall on carry out the reconnaissance, prospecting, exploration or mining operations in accordance with a mineral tenement or an artisanal mining permit. The Act allows for a grant of a consolidated mining licence which is which consolidates the licences of a holder of two or more adjoining existing mining licences. A mineral tenement may be suspended or cancelled where the holder fails to use it in good faith, uses the land subject to the licence for any purpose other than the purpose for which the licence is granted, among others. the Act provides authorized officers with powers to enter a land for inspection, pursuant to the provisions of the Act, to arrest without a warrant, seize and sell minerals, among others.