Environmental Management (Control of Alluvial Mining) (Amendment) Regulations, 2024 (No. 3) (SI 188 of 2024).
Country
Type of law
Regulation
Abstract
Statutory Instrument 188 of 2024, enacted under section 140 of the Environmental Management Act [Chapter 20:27], introduces amendments to the Environmental Management (Control of Alluvial Mining) Regulations, 2014. The instrument, repeals section 3 of the 2014 Regulation imposing a complete prohibition on all alluvial mining and related prospecting activities in or along rivers and public streams in Zimbabwe. This prohibition applies regardless of any previously issued permits, licences, special grants, Environmental Impact Assessments (EIAs), or written authorities that may have authorised such activities under earlier legal frameworks. From the date of promulgation, any form of alluvial mining or prospecting in these areas becomes unlawful. All forms of prior authorisation, including those considered valid before the enactment of this amendment, are rendered null and void. Persons previously engaged in lawful alluvial mining under such authorisations are required to cease operations immediately and implement appropriate site rehabilitation measures within thirty days. Failure to comply with these provisions constitutes a criminal offence and may result in a fine. In addition to these restrictions, the amendment empowers inspectors and police officers to seize any minerals, equipment, or vehicles found to be involved in contraventions of the prohibition. Such items are to be held in secure custody pending the outcome of legal proceedings. If a conviction results, the court may order the forfeiture of the seized property to the State or its return to the accused, depending on the circumstances. The Environmental Management Agency is also required to maintain a detailed register documenting all items seized, including their description, date and location of seizure, the person from whom they were taken, and their final disposition. This statutory instrument also repeals the previous amendment regulations introduced in 2021 under Statutory Instrument 104 of 2021.
Attached files
Date of text
Repealed
No
Source language
English
Legislation Amendment
No
Amends