Minerals Regulation Commission Act, 2024 (Act No. 14 of 2024).
Country
Type of law
Legislation
Abstract
This Act consists of 97 sections organized into X Parts. Section 3 establishes that all rights of ownership in, exploration, mining, processing, and disposing of minerals, wheresoever located in the Republic, vest in the President on behalf of the Republic. Section 4 deals with the principles applying to the mining and development of minerals (i) mineral resources are a non-renewable resource and shall be conserved, developed, and used prudently, taking into account the needs of the present and future generations; (ii) mineral resources shall be explored and developed in a manner that promotes and contributes to socio-economic development and under international agreements to which the Republic is a party; (iii) the exploitation of minerals shall ensure safety, health, and environmental protection; (iv) wasteful mining practices shall be avoided to prevent adverse environmental effects; (v) citizens shall have equitable access to mineral resources and benefit from mineral resources development; (vi) development of local communities in areas surrounding the mining area based on prioritization of community needs, health, and safety.
Part II establishes the Minerals Regulation Commission, responsible for enforcing compliance with the Act, granting, suspending, and revoking mining and non-mining rights, and regulating mining operations and mineral marketing. It oversees exploration, mineral resource utilization, and provides laboratory services for analysis and valuation. The Commission conducts safety, health, and environmental inspections, collaborates with the Zambia Environmental Management Agency on environmental monitoring and mine closure, and combats illegal mining, smuggling, and tax evasion. It also advises the government on mineral resource management, promotes research, and monitors mineral trading and exports. A Board of Directors administers the Commission, ensuring strategic policy direction.
Part III covers exploration, mining, processing, and trading, prohibiting these activities without a licence or an environmental impact assessment. Mining rights include exploration and mining licences, while non-mining rights encompass mineral processing licences, gold panning certificates, and various trading and import/export permits. Licences are categorized into artisanal, small-scale, and large-scale mining, and all rights are granted per the Act’s provisions. Trading in minerals without a permit is prohibited, with violations leading to fines or imprisonment. The Commission issues mineral trading permits, while mineral imports and exports require additional clearance and compliance. Radioactive mineral permits are subject to specific legal regulations, and all permits have a defined validity period.
Part IV covers Mining and Surface Rights, requiring mining or mineral processing licence holders to obtain written consent before operating on certain lands, such as burial sites, national monuments, government-owned properties, and customary land. Landowners and occupiers may access water, graze livestock, and use the land if it does not interfere with mining. Disputes over land access or consent can be referred to the Commission for arbitration. Part V, addressing Regulatory Provisions, covers conflict mineral disposal, insurance and indemnities, restrictions on mining rights and licences, land abandonment, and the renewal, suspension, or revocation of mining and non-mining rights.
Part VI addresses safety, health, and environmental protection in mining. The Commission considers environmental and public health factors before granting licenses, and impact studies may be required. License conditions mandate conservation, land rehabilitation, and compliance with national standards. Operators must remove infrastructure within six months of ceasing operations or face auctioning by the Commission. Wasteful mining can result in the suspension or revocation of licenses. Accidents must be reported, and operators are strictly liable for harm, with compensation covering rehabilitation and socio-economic impacts. Individuals or groups can seek redress for environmental damage. An Environmental Protection Fund, managed by a ministerial committee, covers liabilities using cash deposits from license holders.
Parts VII to X cover mineral royalties and production charges, the inspectorate’s role, offences and penalties, the Mining Appeals Tribunal’s powers and functions, and general provisions, including limits on mining rights, information disclosure, and environmental civil damages. The Schedule outlines details of the Mineral Regulation Commission, including its membership, Board of Directors, and financial provisions.
Part II establishes the Minerals Regulation Commission, responsible for enforcing compliance with the Act, granting, suspending, and revoking mining and non-mining rights, and regulating mining operations and mineral marketing. It oversees exploration, mineral resource utilization, and provides laboratory services for analysis and valuation. The Commission conducts safety, health, and environmental inspections, collaborates with the Zambia Environmental Management Agency on environmental monitoring and mine closure, and combats illegal mining, smuggling, and tax evasion. It also advises the government on mineral resource management, promotes research, and monitors mineral trading and exports. A Board of Directors administers the Commission, ensuring strategic policy direction.
Part III covers exploration, mining, processing, and trading, prohibiting these activities without a licence or an environmental impact assessment. Mining rights include exploration and mining licences, while non-mining rights encompass mineral processing licences, gold panning certificates, and various trading and import/export permits. Licences are categorized into artisanal, small-scale, and large-scale mining, and all rights are granted per the Act’s provisions. Trading in minerals without a permit is prohibited, with violations leading to fines or imprisonment. The Commission issues mineral trading permits, while mineral imports and exports require additional clearance and compliance. Radioactive mineral permits are subject to specific legal regulations, and all permits have a defined validity period.
Part IV covers Mining and Surface Rights, requiring mining or mineral processing licence holders to obtain written consent before operating on certain lands, such as burial sites, national monuments, government-owned properties, and customary land. Landowners and occupiers may access water, graze livestock, and use the land if it does not interfere with mining. Disputes over land access or consent can be referred to the Commission for arbitration. Part V, addressing Regulatory Provisions, covers conflict mineral disposal, insurance and indemnities, restrictions on mining rights and licences, land abandonment, and the renewal, suspension, or revocation of mining and non-mining rights.
Part VI addresses safety, health, and environmental protection in mining. The Commission considers environmental and public health factors before granting licenses, and impact studies may be required. License conditions mandate conservation, land rehabilitation, and compliance with national standards. Operators must remove infrastructure within six months of ceasing operations or face auctioning by the Commission. Wasteful mining can result in the suspension or revocation of licenses. Accidents must be reported, and operators are strictly liable for harm, with compensation covering rehabilitation and socio-economic impacts. Individuals or groups can seek redress for environmental damage. An Environmental Protection Fund, managed by a ministerial committee, covers liabilities using cash deposits from license holders.
Parts VII to X cover mineral royalties and production charges, the inspectorate’s role, offences and penalties, the Mining Appeals Tribunal’s powers and functions, and general provisions, including limits on mining rights, information disclosure, and environmental civil damages. The Schedule outlines details of the Mineral Regulation Commission, including its membership, Board of Directors, and financial provisions.
Attached files
Web site
Long title of text
An Act to regulate and monitor the development and management of mineral resources in the Republic; establish the Minerals Regulation Commission and provide for its functions; establish the Mining Appeals Tribunal; repeal and replace the Mines and Minerals Development Act, 2015; and provide for matters connected with, or incidental to, the foregoing.
Date of text
Entry into force notes
This Act enters into force on the date appointed by the Minister, by statutory instrument.
Repealed
No
Source language
English
Legislation Amendment
No