ZAMBIA Law and Practice Contributed by: Harriet Mdala, Natasha Lungu, Samuel Muleya and Chanda Musonda-Chiluba, MAY & Company
Future Prospects and Development Zambia’s mining industry has a promising future, with several growth opportunities on the horizon. The country has continued to attract investment in the mining sector. Zambia’s untapped mineral deposits, including rare-earth elements and uranium, offer sig - nificant investment opportunities. Ongoing and new exploration projects, supported by the government’s geological survey initiatives, are expected to uncover additional resources. Meanwhile, anticipated improvements in mining poli - cies, such as streamlined licensing processes, aim to attract more investors and ensure sustainability. 1.2 Legal System and Sources of Mining Law Zambia operates a dual legal system that incorporates both statutory and customary law. The legal frame - work is based on the common law system, inherited from its colonial history. Mining activities in Zambia are regulated by a com - bination of statutes, regulations, and environmental laws aimed at ensuring the sustainable and transpar - ent management of mineral resources. The key stat - utes include the following. The Minerals Act The Minerals Act is the principal legislation governing the exploration, mining, and processing of minerals in Zambia. It provides the legal framework for regu - lating and monitoring the development and manage - ment of the country’s mineral resources and estab - lishes the Minerals Regulation Commission, outlining its mandate and functions. The Act also establishes the Mining Appeals Tribunal, which is responsible for resolving disputes arising from mining licences. It also repeals and replaces the Mines and Minerals Develop - ment Act, 2015. The Geological and Minerals Development Act The Geological and Minerals Development Act (GMD Act) provides the legal framework for geological sur - veying, mapping, and mineral exploration in Zambia. It establishes the offices of the Director of Geological Survey, the Director of Artisanal and Small-Scale Min - ing, responsible for promoting the sustainable devel - opment of the artisanal and small-scale mining sector,
and the Director of Large-Scale Mining and Mineral Investment Promotion. The Act further establishes the Artisanal and Small-Scale Mining Fund. Mines and Minerals (General) Regulations, Statutory Instrument No 7 of 2016 This covers processes such as applying for mining rights, transferring licences, and renewing mining per - mits. The Geological and Minerals Development (Local Content) (Preference for Goods and Services in the Mining Sector) Regulations, 2025, Statutory Instru - ment No. 68 of 2025 (“Mining Local Content Regula - tions”) Under the Mining Local Content Regulations, min - ing and mining-related companies must allocate at least 25% of their annual procurement budget to local companies supplying core mining goods or services within six months of commencement. This minimum threshold must progressively increase to no less than 40% within five years. The regulations also mandate a 15% margin of preference for local companies during bid evaluations for core mining goods and services. In addition, the procurement of non-core mining goods or services critical to mining operations is reserved exclusively for local companies. The regulations come into effect on 1 January 2026. Environmental Management Act No 12 of 2011 (EMA) The EMA provides a framework for environmental conservation and sustainable resource use. Environmental Impact Assessment Regulations, Statutory Instrument No 28 of 1997 This requires environmental impact assessments (EIAs) for proposed mining projects. Ionising Radiation Protection Act No 16 of 2005 This governs the handling, storage, and use of radio - active materials, such as uranium, in mining activities. 1.3 Ownership of Mineral Resources All rights of ownership in, searching for, mining and disposing of minerals vest in the President. The Presi - dent holds these rights on behalf of the Republic and
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