Mining 2025

ZAMBIA Law and Practice Contributed by: Harriet Mdala, Natasha Lungu, Samuel Muleya and Chanda Musonda-Chiluba, MAY and Company

Technological Advancements The Zambian government has taken proactive steps to modernise and enhance the mining sec - tor. In 2024, a high-resolution aerial geological survey was launched to attract targeted invest - ments and accelerate mineral exploration. This initiative aims to provide accurate geological data, which is critical for ramping up copper production and exploring new mineral oppor - tunities. The initial target areas for the survey include western and north-western provinces, covering districts such as Chavuma, Zambezi, Lukulu, and Kalabo. Preliminary geological data from these areas has already been obtained. In the 2025 national budget, the government announced that it had increased the allocation for the aerial geological and geophysical map - ping to ZMW364.0 million from ZMW160.0 mil - lion in 2024. It is hoped that the mapping exer - cise will help define the nation’s mineral resource endowment and attract investment. Challenges and Risks While the mining industry is vital to Zambia’s economy, it faces several challenges. These are: • energy shortages in the mining sector; • fluctuating commodity prices; • unregulated artisanal and small-scale mining risks; • unstable mining legislation and policies; and • underdeveloped road infrastructure making transportation of minerals in and out of Zam - bia difficult. 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 ura -

nium, present significant investment opportuni - ties. Ongoing and new exploration projects, sup - ported by the government’s geological survey initiatives, are expected to uncover additional resources. Meanwhile, anticipated improvements in min - ing policies, such as streamlined licensing pro - cesses aim to attract more investors and ensure sustainability. 1.2 Legal System and Sources of Mining Law Zambia operates a dual legal system, incorpo - rating both statutory and customary law. The legal framework is based on the common law system, inherited from its colonial history. Mining activities in Zambia are regulated by a combination of statutes, regulations, and envi - ronmental laws aimed at ensuring the sustain - able and transparent management of mineral resources. The key statutes include the follow - ing. The Mines Act The Mines Act is the principal statute governing exploration, mining, and processing of miner - als in Zambia. It establishes the Mining Appeals Tribunal for resolving disputes related to mining licences. The Minerals Regulation Commission Act, 2024, which has recently been passed is poised to repeal the Mines Act. However, the commence - ment order putting this new Act into effect is yet to be issued and so the Mines Act remains law.

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