MINES AND MINERALS DEVELOPMENT ACT, 2008: SUBSIDIARY LEGISLATION-II

"cadastral coordinates" means the geographic sexagesimal coordinates used in the delineation of an area subject to a licence or mining right in accordance with these Regulations;

"cadastre unit" has the meaning assigned to it in the Act;

"cadastral map" means a map record of existing non-mining and mining rights;

"certificate of abandonment" has the meaning assigned to it in the Act;

"conventionally file" means the act of filing or saving of paper documents;

"Directors" has the meaning assigned to it in the Act;

"document management system" means the electronic document storage and imaging system maintained by the Mining Cadastre Office;

"e-filing" means electronic transmission of an original document;

"electronic" includes digital or online submissions;

"electronic document" means an original document in electronic format;

"electronic service" means electronic transmission of a document between a person and the Mining Cadastre Office;

"exploration area" means an area of land subject to an exploration licence;

"exploration licence" means an exploration licence granted under Part III of the Act;

"exploration operations" means operations carried out in the course of exploration;

"filing" means the process of submitting a document online, electronically or in paper form as applicable, at the Mining Cadastre Office;

"holder" means a person in whose name a mining right or non-mining right is registered under the Act;

"hyperlink" means an electronic connection or reference to another place in a document, such that when selected, the user is taken to the portion of the document to which the hyperlink refers;

"ID" means a unique user identification;

"mining information management system" means the system used by the Mining Cadastre Office to administer mining rights and non-mining rights;

"PDF" means portable document format, a file format that preserves all fonts, formatting colours and graphics of any source document, regardless of the application platform used;

"pegging certificate" means a certificate issued by a surveyor after demarcation of a licence or mining right in accordance with regulation 58;

"perimeter" means the external contour of the ground made up of contiguous cadastral units, which is the subject of a licence or mining right or an application for a licence or mining right;

"Priority ID" means a unique user identification number assigned in the mining rights management system to assign priority of an application for a mining right or mineral processing licence; and

"scanned format" means an electronic document created by scanning a paper format.

3. Cadastre unit

(1) For the purposes of the Act and these Regulations, the surface area of Zambia is divided into cadastre units in squares of six seconds by six seconds in conformity with the grid defined by geographic sexagesimal coordinates in degrees, minutes and seconds represented at the edge of cadastral maps.

(2) The cadastral maps shall be based on the official topographic map of the Republic of Zambia at the scale of 1:50,000 or 1:250,000 and based on the ellipsoid of Clarke 1880.

4. Geometric rules for cadastre coordinates

(1) Coordinates values shall be exact multiples of six seconds and all perimeters shall conform to the exact division.

(2) A polygon that forms an application for a licence or mining right shall be composed of an exact number of indivisible cadastre units which are contiguous.

(3) An isolated polygon or a polygon which is joined to another polygon by only one vertex shall not be included in a licence or mining right application.

(4) Mining activity in a polygon that partially falls outside a transnational boundary shall only be undertaken within the national boundaries.

(5) An applicable fee shall be payable in respect of a polygon covered by a mining right as set out in the Second Schedule.

5. Cadastral coordinates and beacons setting

(1) A setting out on the ground of the cadastral coordinates shall be made by the use of the official parameters for the transformation between the topographical map coordinates and the Global Positioning System (GPS) coordinates.

(2) The Mining Cadastre Office shall provide the parameters outlined under sub-regulation (1) in order to guarantee the homogeneity in the positioning of licences and mining rights.

(3) Where there is a contradiction between the field topographical data and the cadastral coordinates, the cadastral coordinates take priority.

6. Cadastral maps

(1) The Mining Cadastre Office shall maintain an updated cadastral map.

(2) The cadastral map and the cadastre registry shall be open to the public for inspection.

PART II
APPLICATION FOR A MINING RIGHT OR NON-MINING RIGHT

7. Application for mining right

(1) A person who wishes to undertake exploration or mining shall apply to the Director of Mining Cadastre for an exploration licence or a mining licence in Form I set out in the First Schedule upon payment of the fees set out in the Second Schedule.

(2) A person wishing to carry out mining activities in respect of radioactive minerals shall apply to the Minister for consent in Form I set out in the First Schedule.

8. Application for non-mining right

(1) A person who wishes to undertake mineral processing shall apply to the Director of Mining Cadastre for a mineral processing licence in Form II set out in the First Schedule upon payment of the fees set out in the Second Schedule.

(2) A person who wishes to trade in minerals shall apply to the Director of Mines for a mineral trading permit in Form III set out in the First Schedule upon payment of the fees set out in the Second Schedule.

(3) A mineral trading permit shall cover the following classes of minerals-

(a) gemstones;

(b) precious metals;

(d) industrial minerals.

(4) A person who intends to conduct gold panning shall apply to the Director of Mines for a Gold Panning Certificate in Form IV set out in the First Schedule upon payment of the fees set out in the Second Schedule.

9. Application to export, import, etc., mineral, ore or mineral product

A person who intends to import or export any mineral, ore or mineral product shall apply for a permit to the Director of Mines in Form V set out in the First Schedule upon payment of the fees set out in the Second Schedule.

10. Application to export, sell, etc., radioactive minerals

A person who intends to acquire, store, transport, sell, import or export radioactive minerals shall apply to the Minister for consent in Form VI set out in the First schedule upon payment of the fees set out in the Second Schedule.

11. Application for mineral analysis or valuation certificate

A person shall apply to the Director of Geological Survey for a mineral analysis certificate or a valuation certificate in Form VII set out in the First Schedule upon payment of the fees set out in the Second Schedule.

12. Authorisation of agent

An agent who makes an application, under these Regulations, on behalf of another person shall submit, together with the application, the authority to act as an agent in Form VIII set out in the First Schedule.

13. Assignment of identification code

The Mining Cadastre Office shall, upon receipt of an application under these Regulations, assign an identification code to the application.

14. Application polygon

(1) An applicant for a mining right or a mineral processing licence shall provide a paper copy and an electronic copy of geographical coordinates of the area of land in respect of which the licence is sought, except that where there are more than twelve geographical coordinates, a paper copy shall only contain the first twelve geographical coordinates.

(2) The geographical coordinates of the area of land referred to in sub-regulation (1) are valid from the date of an application to the date of the grant or rejection of the application.

(3) A subsequent application that relates to a part or whole of the perimeter of an area already applied for shall be considered as partially or wholly overlapping with an area which is the subject matter of an application with a right of priority under these Regulations.

15. Offer letter by Director of Mining Cadastre

(1) The Director of Mining Cadastre shall, where the Mining Licensing Committee approves an application made under these Regulations-

(a) inform the applicant of the approved application through any of the following-

(i) notification in the print media;

(ii) regular notices at the central or regional Cadastre Offices;

(iii) short messaging system (SMS); or

(iv) electronic mail; and

(b) issue a letter of offer to the applicant stipulating the conditions of the offer in Form IX set out in the First Schedule.

(2) A letter of offer issued under sub-regulation (1) is valid for 30 days from the date of notification.

(3) Where an applicant, through payment of area charges set out in the Second Schedule, accepts the offer referred to in sub-regulation (1), the Mining Licensing Committee shall grant the applicant the licence.

16. Notice of rejection of application by Director of Mining Cadastre

The Director of Mining Cadastre shall where the Mining Licensing Committee rejects an application for a mining right or Mineral Processing Licence, inform the applicant of the rejection in Form X set out in the First Schedule.

17. Grant of mining right or non-mining right

(1) A grant of a mining right or non-mining right shall be in Form XVIII, XIX and XX, as the case may be, set out in the First Schedule.

(2) A grant of a certificate, permit or authorisation shall be in Form XXI, XXII, XXIII, XXIV, XXV, XXVI and XXVII, as the case may be, set out in the First Schedule.

(3) The terms and conditions of a licence, certificate, permit or authorisation, as the case may be, are as set out in the Third Schedule.

18. Amendment of licence

(1) An application to amend a mining right or mineral processing licence shall, upon payment of the fees set out in the Second Schedule, be made to the Director of Mining Cadastre in Form XI set out in the First Schedule.

(2) Where the application for amendment relates to the inclusion of minerals -

(a) for a mining right or mineral processing licence, the application shall include a programme of operations for the additional minerals approved by the Director of Mines or Director of Geological Survey, as the case may be; or

(b) which are radioactive, the holder of a mining right or mineral processing licence shall comply with the requirements of the Act and the Mines and Minerals Development (Prospecting, Mining, and Milling of Uranium Ore and other Radioactive Mineral Ores) Regulations, 2008.

19. Change in particulars of holder

A holder of a mining or non-mining right shall inform the Mining Cadastre Office of any change in the particulars of the holder in Form XII set out in the First Schedule.

20. Monthly sales and exports, purchases and imports by mineral trading permit holders

The holder of a mineral trading permit shall submit to the Director of Mines a record of the-

(a) monthly sales and exports in Form XXXI set out in the First Schedule; and

(b) monthly purchases and imports in Form XXXII set out in the First Schedule.

PART III
RENEWAL OF MINING RIGHT AND MINERAL PROCESSING LICENCE

21. Application for renewal of mining right or mineral processing licence

(1) An application for renewal of a mining right or mineral processing licence shall be made-

(a) for an exploration licence, six months before the expiry of the licence;

(b) for a mining licence, in the case of-

(i) artisanal mining, three months before the expiry of the licence;

(ii) small-scale mining, six months before the expiry of the licence; and

(iii) large-scale mining, one year before the expiry of the licence; and

(2) An application for renewal of a mining right shall be in Form XIII set out in the First Schedule.

(3) An application for renewal of a mining right in respect of radioactive minerals shall be in Form XIII set out in the First Schedule.

(4) An application for renewal of a mineral processing licence shall be in Form XIV set out in the First Schedule.

22. Application polygon for renewal

The Mining Cadastre Office shall, in accordance with regulation 5, provisionally plot onto the cadastral maps the perimeter that relates to an application for renewal of a mining right or mineral processing licence.

23. Modification of perimeter

(1) The Mining Licensing Committee shall reject an application to modify the current perimeter that covers a new adjacent area where-

(a) a part of the proposed area overlaps an area that is already subject to another mining right or licence or is under application;

(b) a minimum of 25 per cent of the original exploration area is not part of the modified area; and

(2) The Director of Mining Cadastre shall, where the Mining Licensing Committee rejects an application under sub-regulation (1), inform the applicant of the rejection in Form X set out in the First Schedule.

(3) A new area that is annexed to a licence shall conform with the maximum duration, and the prescribed fees, applicable to the original licence or mining right.

24. Rejection of application for renewal

(1) The Director of Mining Cadastre shall, where the Mining Licensing Committee rejects an application for renewal of a mining right or non-mining right, inform the applicant of the rejection in Form X set out in the First Schedule.

(2) The Director of Mining Cadastre shall, in addition to sub-regulation (1), endorse the rejection on the licence issued in respect of the mining right or non-mining right.

25. Grant of renewal

The Director of Mining Cadastre shall, where the Mining Licensing Committee approves an application for renewal of a mining right or mineral processing licence, endorse the approval on the licence issued in respect of the mining right or mineral processing licence.

PART IV
ALTERATION OF EXPLORATION OR MINING AREA

26. Application for alteration of exploration or mining area

(1) A holder intending to alter the holder's exploration area or mining area shall apply to the Director of Mining Cadastre, in Form XV set out in the First Schedule.

(2) A new exploration area or mining area shall conform to the prescribed cadastral units and the geometrical rules specified under regulation 4.

(3) The maximum surface area for which a licence or mining right may be granted shall not exceed the area stipulated in sections 21 and 30 of the Act.

27. Application polygon for alteration

The Mining Cadastre Office shall, pending the approval of an application for alteration of an exploration area or a mining area, provisionally plot the new perimeter on the cadastral map and record the new perimeters in accordance with regulation 5.

28. Approval of alteration

(1) The Mining Licensing Committee shall, where an application for alteration of an exploration area or a mining area meets the requirements of the Act and these Regulations, approve the application.

(2) Where the Mining Licensing Committee approves an application for alteration of an exploration area or mining area, the Director of Mining Cadastre shall endorse the approval on the licence issued in respect of that mining right.

PART V
TRANSFER OR ASSIGNMENT OF MINING RIGHT OR MINERAL PROCESSING LICENCE

29. Application for consent to transfer or to assign

(1) An application for consent to-

(a) register the transfer of a share or shares in a company which holds a mining right or mineral processing licence;

(b) transfer control of a company which holds a mining right or mineral processing licence; or

shall be in Form XVI set out in the First Schedule.

(2) An application under paragraph (c) of sub-regulation (1) shall be-

(a) made by an assignor at any time during the validity of a mining right but not less than 120 days before the expiry of the license; and

(b) be accompanied by an application for a mining right or mineral processing licence, as the case may be, made by the prospective assignee.

(3) The periods stipulated in sub-regulation (1) of regulation 21 apply to this regulation, with the necessary modifications.

30. Grant of consent to transfer or assign

The Minister shall, where an application made under regulation 29 meets the requirements of the Act and these Regulations, grant consent to assign or transfer a mining right or mineral processing licence in Form XXX set out in the First Schedule.

PART VI
ABANDONMENT OF MINING RIGHT AREA

31. Application to abandon land subject to licence

An application for the abandonment of all or any part of any land subject to a mining or exploration licence shall be in Form XVII set out in the First Schedule.

32. Grant of certificate of abandonment

The Director of Mining Cadastre shall, where the Director of Mining Cadastre approves an application for the abandonment of land, grant the certificate of abandonment in Form XXVIII set out in the First Schedule.

PART VII
ELECTRONIC SUBMISSION OF APPLICATION

33. Documents not permitted to be e-filed

Despite any other provisions for electronic and online submissions, the following documents shall be filed conventionally, unless expressly required to be filed electronically by the Director of Mining Cadastre-

(a) feasibility study reports;

(b) environmental impact study reports;

34. General e-filing and e-payment principles

(1) Where a matter under these regulations requires the filing of an application, document or statutory report, the submissions may be filed electronically at the Mining Cadastre Office or online.

(2) A person may pay by electronic methods established by the Mining Cadastre Office.

(3) A person who wishes to make an electronic application shall, prior to submission, register as a user in the mining rights management system.

(4) A person who submits an application for a mining right or mineral processing license shall have the option to select the area of application by-

(a) direct entry of geographical coordinates in the system;

(b) selection of cadastre units in the system;

(d) attachment of prescribed appendices using the PDF format.

35. Validation of area of interest

(1) Following submission of the area of interest electronically, the area of application shall be validated by the system against valid mining rights and earlier mining rights applicable to enable the user identify-

(a) if the area of interest is free; or

(b) partial or total overlaps.

(2) Where the area of interest partially overlaps, the applicant has the option to select free cadastre units for submission.

(3) Upon submission of a revised application under sub-regulation (2), the application shall be stored in the system for 24 hours within which time the application fee must be paid failure to which the application lapses.

(4) Upon payment of the application fee, the system shall assign a unique priority user name (ID) which shall also carry priority of the application in relation to other applications.

36. Format of e-filed documents

(1) A person shall ensure that an electronically filed document is formatted in accordance with the applicable formatting of paper documents acceptable to the Director of Mining Cadastre.

(2) The Director of Mining Cadastre shall specify the format acceptable for submission.

(3) The Director of Mining Cadastre may require a person to produce the original of a scanned document that has been filed electronically.

37. Acceptable file formats

(1) A person may electronically submit a document in Microsoft Word, Microsoft Excel, Rich Text Format, Portable Document Format and any standard non-proprietary graphic formats.

(2) Coordinates to be uploaded shall be submitted in Microsoft Excel format longitudes and latitudes in geographical format.

38. Priority time for applications

(1) An application submitted online or electronically shall be queued up and assigned priority time and date by the system.

(2) A priority time and date assigned shall be based on the Zambian official time zone.

39. User ID and electronic signature

(1) The Director of Mining Cadastre shall register users and provide each user with a unique user name (ID) and password.

(2) The user name referred to in sub-regulation (1), when used in conjunction with the personally selected password, constitutes a signature of the registered user on documents and management of licences and applications in the mining rights management system.

(3) Despite sub-regulation (2), a user may apply an electronic signature to a document to be submitted for purposes of these Regulations.

(4) In order to ensure the intent of the holder or applicant, the signature line on an electronically filed document shall bear the printed name of the user preceded by the symbol "/s/".

(5) An electronic document may be signed by the Registrar of Mining Rights through the use of a printed signature preceded by the "/s/" symbol or through the use of the official signature stamp.

(6) The official signature stamp shall be merged with the electronic document and shall be visible when the document is printed and viewed electronically.

(7) A document which requires the signature of a holder or an applicant shall be filed with the Mining Cadastre Office in paper format scanned and maintained in a manner consistent with applicable record retention and archival rules.

(8) Where the document submitted is free from infection, the document shall be considered submitted and the Mining Cadastre Office shall send acknowledgment of receipt through the mining rights management system.

(9) A document which has been successfully received shall be reviewed for compliance with prescribed requirements and filing standards and where it complies with standards, shall be accepted and considered filed as of date and time it was received by mining rights management system.

40. Responsibility for filing

A holder of or applicant for a mining right or mineral processing licence shall have the same responsibility as a person filing a document in paper format and shall ensure that the document is properly completed and filed.

41. Original documents to be maintained by persons

(1) Despite any other provisions under these Regulations a person filing an application shall not submit a paper copy of the applications unless ordered to do so by the Mining Cadastre Office.

(2) Where the Act or these Regulations require that a paper document be submitted in its original form, a person shall submit the original hard copy within five days of a demand by the Director of Mining Cadastre.

42. Proof of application or electronic payment

Where a document has been submitted electronically, the document shall be considered to have been received when it has arrived at the hosting server for incoming communications in connection with which the user ID or signature is associated.

43. Public access

(1) The mining rights management system shall make available online basic mining rights information.

(2) The Director of Mining Cadastre shall make electronically filed, scanned documents and mining rights information available to the public.

44. Printing of e-filed documents

An electronically filed document shall be maintained in a printed format with the same content and formatting as if printed from its author program.

45. Certified copies

(1) A certified copy of an electronically filed document may be obtained electronically or be issued in the conventional manner by the Director of Mining Cadastre, as applicable.

(2) A certified copy shall be granted in the conventional paper format.

46. Interruption of service

The Mining Cadastre Office is not liable for any break in service, malfunction or error occurring in online or electronic transmission or receipt of electronically filed documents.

47. Special provisions where rules not complied with

(1) The Director of Mining Cadastre may determine, if necessary, specific instructions connected with online and e-filing through an electronic entry in the system.

(2) The Director of Mining Cadastre shall determine if any application deadlines may be extended as a result of rejection of e-filed documents.

(3) The Director of Mining Cadastre may order a person to resubmit any document that is not compliant with the rules or may order the documents to be filed conventionally.

48. Applicable fees

(1) All fees applicable to conventional hard copy applications apply to online and electronic applications and submissions.

(2) A document, application or statutory report which requires to be accompanied by a fee or penalty may be rejected within 24 hours, if the payment has not been rendered.

PART VIII
REPORTS BY MINING RIGHTS AND MINERAL PROCESSING LICENCE HOLDERS

49. Reports by holder of exploration licence

(1) The holder of an exploration licence shall-

(a) at quarterly intervals, on or before the 30th day of the month following the end of each quarter, submit to the Director of Geological Survey and Director of Mines Safety a comprehensive report, which shall consist of a paper and electronic copy, relating to exploration operations carried out during the previous quarter supported by-

(i) maps and diagrams showing the areas where exploration operations have been carried out, and the locations where excavations have been made and boreholes sunk and the relevant geological data;

(ii) documents and maps showing the results of a geological, geochemical or geophysical surveys;

(iii) sections showing strata or ore bodies penetrated in an excavation or borehole and assay results; and

(iv) documents showing the average number of employees broken into number and category of Zambian citizens and expatriates employed during the previous quarter in carrying out exploration operations;

(b) submit to the Director of Geological Survey and Director of Mines Safety an annual comprehensive report of exploration operations, on or before the end of the first month following the end of the year, which shall include-

(i) a comprehensive summary of all pertinent geological, geochemical and geophysical data supported by maps, diagrams and sections and including in particular details of mineralisation revealed, calculations and estimates of ore reserves and the data on which such calculations and estimates are based;

(ii) a brief description of work undertaken; and

(iii) proof of the holder's compliance with the approved local business development programme; and

(c) within six months of the expiry of each tenure of the licence, an interpretative report of exploration operations carried on during the period of the licence which includes-

(ii) a brief description of work undertaken; and

(iii) details of beneficiation tests carried out.

(2) A holder of an exploration licence who wishes to apply for a mining licence shall include information provided for in paragraph (c) of sub-regulation (1).

50. Monthly return of mineral production by mining and mineral processing licence holders

(1) The holder of a mining licence or mineral processing licence shall, on or before the 15th day of each month, submit to the Director of Mines and Director of Mines Safety in respect of the preceding month a return of the quantities and value of mineral products produced from the mining area or mineral processing area, whether by way of trial or regular business of the removal of minerals from the mining area, in Form XXXIII and XXXIV, as the case may be, in the First Schedule.

(2) The mineral production return shall include a record of ore hoisted and treated and other information considered necessary to accurately record the value and quantity of minerals produced and processed.

51. Submission of annual reports by mining and mineral processing licence holders

(1) The holder of a mining licence or mineral processing licence shall submit to the Director of Mines and Director of Mines Safety not later than the 28th of February in each year, a report on the operations carried out in the mining area and operations ancillary thereto during the year ending on the previous 31st December.

(2) The report referred to in sub-regulation (1) shall include-

(a) tonnage, type and grade of ore milled and its source;

(b) tonnages and grade of ore depleted from or added to reserves or moved from one category of ore reserve to another;

(d) the total footages of primary development, secondary development and exploratory drilling completed;

(e) calculations showing the ore recovery and dilution factors;

(f) the recovery percentages and efficiency of all mining and metallurgical processes and a metallurgical balance sheet showing the disposition of all metal and mineral products depleted from the ore reserves;

(g) a brief report on research projects or major technical investigations carried out and results to date;

(h) an operating cost sheet showing in detail the average cost of production expressed in cost per ton of ore mined and treated and cost per unit of finished product;

(i) a statement of work carried out on capital projects, and expenditure thereon;

(j) quantities and grade of end products produced, quantities sold and average selling prices;

(k) average number of employees broken into number and category of Zambian citizens and expatriates employed during the previous year;

(l) the holders' compliance with the approved local business development programme; and

(m) a brief report on training carried out.

52. Programme of future operation

(1) The holder of a mining licence or mineral processing licence shall submit to the Director of Mines and Director of Mines Safety not later than the last day of November in each year a programme of operations in respect of the mining area for the ensuing year commencing on the following 1st January.

(2) The programme referred to in sub-regulation (1) shall include -

(a) an estimate of the tonnages and grades of ore or other material that will be mined or reclaimed and treated and their source;

(b) an estimate of primary and secondary development and exploratory drilling planned for the year;

(c) an estimate of the quantities of mineral products which will be produced, estimated average operating costs and anticipated selling prices for the year;

(d) details and estimated cost of capital projects to be undertaken;

(e) a forecast of changes anticipated in the mining methods, treatment processes or marketing arrangements;

(f) a statement of research projects or major investigations to be carried out;

(g) estimated number of staff and labour requirements, stating the number of and category of Zambians and expatriates to be employed;

(h) a brief preview of the training programme for the year; and

(i) a brief preview of the local business development programme for the year.

53. Submission of geological report

The holder of a mining licence shall, at intervals of two years, submit to the Director of Mines and Director of Geological Survey a detailed report of exploration activity including details of mineralisation and calculated and estimated ore reserves in the mining area and the data on which the calculation is based.

54. Submission of audited financial report

The holder of a mining licence or mineral processing licence shall submit to the Director of Mines and Director of Mines Safety a copy of audited annual financial statements within three months of the end of each financial year.

PART IX
GENERAL PROVISIONS

55. Commencement of exploration, mining and mineral processing operations

(1) The holder of an exploration licence shall commence operations in accordance with the approved programme not later than six months from the date of grant of the licence.

(2) The holder of a mining licence or mineral processing licence shall commence operations in accordance with the approved programme of operations.

56. Notice of appeal

A notice of appeal shall be in Form XXXV set out in the First Schedule.

57. Fees, area charges, etc.

(1) The fees set out in the Second Schedule are applicable for the matters stipulated therein.

(2) The minimum annual exploration expenditures are as set out in the Second Schedule.

(3) A holder of a mining right or mineral processing licence shall pay the area charges set out in the Second Schedule on or before the anniversary of the grant of the mining right or mineral processing licence.

(4) A holder of an exploration licence, mining licence or mineral processing licence who defaults on payment of the area charges commits an offence and is liable, upon conviction to a fine not exceeding five hundred thousand penalty units.

58. Pegging certificate

(1) An application under these Regulations shall not be approved if the area covered in the application overlaps a neighbouring mining right or mineral processing licence.

(2) Following the grant of a licence under these Regulations, a holder of a mining right or mineral processing licence, subject to the direction of the Mining Cadastre Office shall, at the holder's cost-

(a) survey the mining right area and place-

(i) temporary beacons for an exploration licence; or

(ii) permanent beacons for a mining or mineral processing licence; and

(b) obtain a pegging certificate.

(3) A pegging certificate shall be in Form XXIX set out in the First Schedule and shall be submitted to the Mining Cadastre Office.

59. Construction of temporary beacon

A temporary beacon consists of an iron bar, or a hard wood or wooden pole treated with preservative, two metres in length and 50 centimetres into the ground, surrounded by a pile of stones not less than 60 centimetres in diameter at the base and not less than one metre high and having attached to it a plate bearing the following details-

(a) the registered number of the exploration licence and the name of the holder of the licence;

(b) the date of beaconing; and

60. Construction of permanent beacon

(1) A permanent beacon consist of-

(a) an iron pin, not less than 38 centimetres long and one and a half centimetres in diameter, set in concrete not less than 150 cubic centimetres, and buried so that the top of the pin is at least 25 centimetres below the surface of the ground;

(b) a masonry or concrete pillar not less than 90 by 90 centimetres at the base, not less than 50 by 50 centimetres at the apex, and not less than one meter high, built centrally over the pin or hole;

(c) an iron pin concreted into the pillar plumbed centrally over the buried pin or hole and projecting beyond the apex of the pillar for a distance not more than one and half centimetres; and

(d) a rustproof metal plate, not less than five by five centimetres, securely attached to the pillar and bearing on it the following details-

(i) the markings for the purpose of identifying the beacon by the land surveyor in accordance with the Survey Regulations;

(ii) the registered number of the mining licence or mineral processing licence concerned and the name of the holder of the licence; and

(iii) other information as may be required by the Act.

(2) Where the details required under sub-regulation (1)(d), are imprinted upon the pillar, the metal plate shall not be required.

(3) The pin, under sub-regulation (1)(a)-

(a) in sandy soil, shall not be less than 60 centimetres long; and

(b) where the ground is rock and it is impossible to drive an iron pin into it, a hole not less than one and half centimetres in diameter and two centimetres deep shall be drilled in the rock, which hole shall be in lieu of such pin.

61. Defacing, alteration, destruction, etc., of temporal or permanent beacon

A person who wilfully or maliciously defaces, alters the position of, removes, pulls down, injures, destroys or erects or renews in any position other than its proper or original position, a temporary beacon or permanent beacon, erected under these Regulations commits an offence and is liable, on conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a period not exceeding five years, or to both.

62. Destruction or disposal of samples

(1) The holder of an exploration licence in whose area geochemical surveying, reverse circulation or diamond drilling has been carried out shall not destroy or dispose of samples or diamond drill cores or the records relating thereto without written authority from the Director of Geological Survey.

(2) The Director of Geological Survey may take possession of such samples or cores or records relating thereto.

63. Area subject to conflict

On the commencement of these Regulations, where an area is subject to a conflict or overlap that could affect the mining activity area, that area-

(a) shall be blocked off until the resolution of the conflict; and

(b) an application over that area shall not be accepted.

64. Revocation of S.I. No. 84 of 2008

The Mines and Minerals Development (General) Regulations, 2008 are revoked.

FIRST SCHEDULE

[Regulations 7, 8(1), 8(2), 8(4), 9, 10, 11, 12, 15(1), 16, 17, 18(1), 19, 20, 21(2), 21(3), 21(4), 23(2), 24, 26(1), 29(1), 30, 31, 32, 50(1), 56 and 58]

Form I

[Regulation 7]

(To be completed in triplicate)

REPUBLIC OF ZAMBIA

The Mines and Minerals Development Act, 2015

(Act No. 11 of 2015)

The Mines and Minerals Development (General) Regulations, 2016

NOTE

1. An application for large-scale or small-scale mining shall only be made by a company.

2. A small-scale mining activity may only be undertaken by a citizen-owned, citizen influenced and citizen empowered company.

3. Artisanal mining shall only be carried out by an individual or a co-operative.

4. *Delete what is not applicable.

Form II

[Regulation 8(1)]

(To be completed in triplicate)

REPUBLIC OF ZAMBIA

The Mines and Minerals Development Act, 2015

(Act No. 11 of 2015)

The Mines and Minerals Development (General) Regulations, 2016

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