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Mines and Minerals Act. [Chapter 21:05].

Country
Type of law
Legislation
Date of original text
Date of latest amendment
Source


Abstract
The Act provides for the control on mining operations in Zimbabwe, for the establishment of the Mining Affairs Board and the administration of the Act and for the definition of various rights and duties of persons involved in mining operations or circumstances relating to such operations, as well as the payment of fees, royalties and other charges, and the inspection and safety of mining operations. Furthermore, the Act outlines the rights and obligations of various parties involved in mining, such as prospectors, claim holders, landowners, lease holders, and concession holders. It also specifies the conditions and procedures for prospecting, pegging, registering, transferring, abandoning, and forfeiting mining locations, as well as the compensation and surface rights of landowners. Finally, the Act provides for the control and regulation of various aspects of mining operations, such as the working of alluvial, eluvial, and other deposits, the siting of works on mining locations, the preservation of mining rights, the rehabilitation of land, and the beaconing and surveying of mining areas.
The Act consists of 407 sections divided into 27 Parts: Preliminary (I); Establishment and functions of Mining Affairs Board (II); Register of approved prospectors (III); Acquisition and registration of mining rights (IV); Prospecting and pegging on ground reserved against prospecting and pegging (V); Exclusive prospecting reservations (VI); Pegging of underground extensions (VII); Mining leases (VIII); Special mining leases (IX); Rights of claim holders and landowners (X); Preservation of mining rights (XI); Working of alluvial, eluvial and certain other deposits (XII); Control of siting of works on mining locations (XIII); Royalty (XIV); Payments to local authorities (XV); Abandonment and forfeiture (XVI); Registration of transfers, hypothecations, options, tribute agreements and conditions governing mining rights on reserved ground (XVII); Approval of tribute agreements (XVIII); Special grants (XIX); Special grants for coal, mineral oils and natural gases (XX); Mining on town lands (XXI); Acquisition of land by holders of mining leases or by state (XXII); Expropriation of mining locations not being worked or developed (XXIII); Termination of entitlement to share in royalties (XXIV); Administration of Act (XXV); Offences and penalties (XXVI); Miscellaneous (XXVII).
Sections 36 to 38 concern prospecting on forest land and the right of the owner to reserve timber for cutting in a given percentage. Section 178 defines surface rights of miners. Section 180 concerns the right of miners to cultivate the surface area. Sections 191 to Section 192 concerns an agreement as to use of private water between a miner and an owner of land. Such agreement shall be registered in the office of the Mining Commissioner. Section 193 defines the right of a miner to private water on State land. The Secretary of the Ministry of Mines shall have the general authority to supervise and regulate the carrying out of provisions of this Act by Mining Commissioners or other appointed officers of the Public Service, and shall give all such orders, directions or instructions as may be necessary. Applicants for a special mining leases shall submit environment impact assessments with their applications (sect. 159).
Long title of text
An Act to consolidate and amend the law relating to mines and minerals.
Notes
Consolidated version of Act No. 38 of 1961 as amended last by Act No. 22 of 2001.
Repealed
No
Source language

English

Legislation Amendment
No