In line using its stated Mining Plan, the Government associated with Zambia has passed new legislation — the Mines as well as Minerals Act (1995) — which greatly simplifies licensing methods, places minimum sensible constraints on recruiting and mining actions, and creates an extremely favourable investment atmosphere, whilst allowing with regard to international arbitration to become written into improvement agreements, should this particular be deemed required. A framework with regard to responsible development has additionally been created through publication from the Environmental Protection as well as Pollution Control (Environmental Effect Assessment) Regulations, 1997.
Three kinds of licence are open to the large-scale owner:
- Prospecting License: this confers the actual righi to prospect for just about any mineral over any kind of size of area for any period of 2 yrs renewable.
- Preservation Licence: this confers the best t retain a place, subject to the actual Minister’s agreement, over which feasibility studies happen to be completed but marketplace conditions are damaging for development of the deposit in those days. Size of the region may be that included in a Prospecting License or smaller region as redefined through the Licence holder. Duration will be for three many years renewable for another single amount of three years.
– Large Scale Exploration Licence: this confers exclusive rights to handle mining operations along with other acts reasonably incidental thereto in the region for a optimum of 25 many years. The area to become held should not exceed the region reasonably required to handle the proposed exploration operations. Applications have to be accompanied by environment protection plans as well as by proposals for that employment and instruction of citizens associated with Zambia.
Similar rights can be found to smaller providers, but on a lower scale:
- Recruiting Permits: relate to regions of I Okm2 and also have a duration of 24 months non-renewable.
- Little Scale Mining Permits: relate to places not exceeding 400 hectares and also have a duration of ten years renewable.
- Artists Mining Rights: provide the right to residents to mine with an artisanal basis a place, not exceeding 5 hectares, for any period of 24 months nonrenewable.
- Gem Licences: holders may execute mining operations over a place, not exceeding four hundred hectares, for a period of only 10 years.
Key steps within establishing a task as laid down through the 1997 regulations tend to be:
- Preparation of the project brief towards the Director of Mines Safety describing the website, proposed activities, and all facets of potential environmental effect.
- The Overseer may request more info or can ahead the project brief towards the Environmental Council associated with Zambia recommending among: rejection; acceptance after submission of the full Environmental Effect Statement; the project end up being accepted and permitted to proceed immediately.
- Preparation of the Environmental Impact Declaration and submission towards the Director of Mines Security.
- The Overseer of Mines Security submits his recommendations towards the Environmental Council making the final choice.
- Environmental Effect Statements, if required, to be up-to-date annually or inside fifteen months from the first statement.
- Environmental audits of projects to become completed annually.
- If your developer finds the actual provisions of any kind of regulation unduly burdensome, he may affect the Minister or even Director of Mines Safety to have an exemption from which regulation. The exemption might be granted under recommended conditions.
- Developers associated with large scale exploration projects to bring about the Environmental Administration Fund for rehab purposes.
In all instances a Customs as well as Excise Declaration form needs to be completed, usually along with a letter of authorization in the Mines Development Division. Additional procedures need to be followed for various commodities:
- Gems: Valuation Certificate needed from Government Accepted Valuer.
- Gold and silver: provision of an example for analysis.
– Base metals: a twelve months letter of expert is issued through the Mines Development Division, rather than with regard to individual shipments.
- Rock and soil examples of no commercial worth: the samples to become physically checked prior to export.