Legal Framework and Licensing Information
The Ministry of Mines and Minerals Development (MMMD) is responsible for enacting legislation governing Zambia’s mining sector. The regulatory framework has evolved over the years to create a conducive investment environment while ensuring compliance with national policies and regulations.
Key Legislative Developments
Mines and Minerals Act (1995)
- Simplified licensing procedures.
- Minimized constraints on prospecting and mining activities.
- Allowed international arbitration in development agreements when necessary.
Mines and Minerals Development Act (2008)
- Repealed the 1995 Act.
- Prohibited the government from entering into special agreements for large-scale mining licenses.
- Annulled development agreements established under the previous Act.
Mines and Minerals Development Act [No. 11 of 2015]
- Enacted on 1 July 2015 (assented on 14 August 2015).
Subsequent Amendments
- Mines and Minerals Development (Amendment) Act [No. 14 of 2016] – Effective 1 June 2016.
- Mines and Minerals Development (Amendment) Act [No. 18 of 2018] – Effective 1 January 2019.
Currently, the Mines and Minerals Development Act [No. 11 of 2015], read in conjunction with its amendments, serves as the primary legislation governing Zambia’s mining sector.
Regulatory Bodies and Responsibilities
The MMMD oversees various aspects of the mining industry, including:
● Mining rights and licenses (for both large-scale and gemstone mining).
● Health and safety regulations within the sector.
● Environmental protection and sustainable mining practices.
● Geological services, including mineral analyses, royalties, and charges.
The sector is administered through the following departments:
- Geological Survey Department
- Mines Development Department
- Mining Cadastre Department
- Mines Safety Department
Proposed Regulatory Reforms
During the 20th Cabinet Meeting on 18 December 2023, the Zambian government approved the introduction of the Minerals Regulation Commission Bill, 2023. This Bill aims to:
- Establish the Minerals Regulation Commission to oversee sector compliance and enforcement.
- Regulate and monitor the development and management of mineral resources.
- Establish the Mining Appeals Tribunal to handle industry disputes.
The Mines and Minerals Development Act, 2015, in its current form, lacks adequate provisions for effective regulation, compliance monitoring, and enforcement. These gaps have contributed to challenges such as:
- Illegal mining activities.
- Environmental degradation.
- Poor occupational health and safety standards.
- Unsustainable mining practices.
- Loss of government revenue.
The proposed Minerals Regulation Commission aims to address these issues by enhancing oversight and governance within Zambia’s mining sector.
For further details, visit: Zambian Parliament.
