ZAMBIA Law and Practice Contributed by: Harriet Mdala, Natasha Lungu, Samuel Muleya and Chanda Musonda-Chiluba, MAY and Company
2.4 Prior and Informed Consultation on Mining Projects Prior and informed consultation on mining pro - jects is mandatory. Stakeholder engagement is required as part of the EIS process under the EIA Regulations. There is a requirement for the developer to seek the view of the community which is likely to be affected by the project. The views sought are considered in the development of mitigation measures. Regulation 10(1) of the EIA Regulations is categorical and requires that the developer will, prior to the submission of the EIS to the Council, take all measures necessary to seek the views of the people in communities, which will be affected by the project. This is a legal requirement carried out by the developer/investor. 2.5 Impact of Specially Protected Communities on Mining Projects Zambia does not have specially protected com - munities. 2.6 Community Development Agreement for Mining Projects Community development agreements (CDAs) in Zambia are not robust and community develop - ment obligations are addressed through the use of business development undertakings which are attached to a mining licence. Holders of mining rights have an obligation to develop the mining area which is the subject of a mining right. There is a further obligation to conduct mining operations in compliance with the mining right condition as well as the EIA and the programme of mining operations which is compliant with the decision letter issued. Furthermore, the Mines Act require the holder of a large-scale mining licence to implement
ronmental consequences in sensitive and highly valuable ecosystems. 2.3 Impact of Community Relations on Mining Projects Zambian laws do not have robust provisions and guidelines around mining and its contribution to the sustainable development of the communities in which mining companies operate. However, Zambia mainly addresses the issue of community relations in mining projects through corporate social responsibility (CSR) frame - works. This is done through mining community development programmes. Section 4 of the Mines Act states that the development of local communities in areas surrounding the mining area based on prioritisation of community needs, health and safety is one of the general principles for mining and minerals development. Further - more, Section 32 of the Mines Act provides that there will be attached to a mining licence as part of the conditions of the licence the programme of development, construction and mining opera - tions as approved by the director of the mining cadastre and the undertaking for the promotion of local business development. Additionally, community relations may be part of the conditions attached to a mining right when it is granted. For example, Section 35 of the Mines Act imposes an obligation for large-scale mining to implement the local business development undertaking attached to the mining licence. Furthermore, Section 20 of the Mines Act pro - vides for preference for Zambian products, contractors, and services and employment of citizens. This includes the promotion of local business development before beginning opera - tions.
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