ZAMBIA Law and Practice Contributed by: Harriet Mdala, Natasha Lungu, Samuel Muleya and Chanda Musonda-Chiluba, MAY and Company
1.4 Role of the State in Mining Law and Regulations The State adopts a hybrid role in the mining sec - tor, functioning as both a grantor-regulator and an owner-operator. Role of the State as Grantor-Regulator The Mines Act establishes key offices respon - sible for the State’s regulatory functions in the mining sector through the Ministry of Mines and the: • director of mines; • director of mines safety; • director of geological survey; and • director of mining cadastre. Additionally, the MLC plays a central role in man - aging mining rights. Through these offices and structures, the State: • processes and issues applications for mining licences; • verses the proper development of mines and ensures compliance with operational stand - ards; and • conducts geological mapping and exploration activities across Zambia. Role of the State as Owner-Operator The State also actively participates in min - ing operations through its investment vehicle, ZCCM Investments Holdings PLC (ZCCM-IH). ZCCM-IH originated from Zambia’s consolida - tion of mining assets in 1982, following ear - lier government nationalisations in 1968 and 1969. Initially formed to manage copper mining, ZCCM-IH now holds minority stakes in priva - tised mining companies and assets like energy and real estate, maintaining strategic influence over Zambia’s mining sector.
Mines and Minerals (General) Regulations, Statutory Instrument No 7 of 2016 This covers processes such as applying for min - ing rights, transferring licences, and renewing mining permits. Environmental Management Act No 12 of 2011 (EMA) The EMA provides a framework for environmen - tal 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 radioactive materials, such as uranium, in min - ing activities. 1.3 Ownership of Mineral Resources All rights of ownership in, searching for, mining and disposing of minerals vest in the President. The President holds these rights on behalf of the Republic and the people of Zambia. The rights of landowners in Zambia do not extend to miner - als, oils, or precious stones found on or beneath their land. Consequently, even if an individual holds title to land where minerals are discovered, ownership of those minerals remains vested in the President, acting on behalf of the people of Zambia. Surface rights and mining rights are therefore separate under Zambian law.
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