Mining rights and title

State control over mining rights

To what extent does the state control mining rights in your jurisdiction? Can those rights be granted to private parties and to what extent will they have title to minerals in the ground? Are there large areas where the mining rights are held privately or which belong to the owner of the surface rights? Is there a separate legal regime or process for third parties to obtain mining rights in those areas?

Following the completion of the privatisation of the mining sector in Zambia in 2000, mining in Zambia is predominantly private sector-driven. The State transformed the parastatal agency that owned virtually all the productive mines and tenements before 2000 into an investment company known as Zambia Consolidated Copper Mines Investment Holdings, which retains minority interests in most large-scale mining projects.

However, all the large-scale mines in Zambia, as well as most prospective tenements, are in private hands with constitutionally protected title to minerals discovered or won. The State deliberately promotes a policy of a private sector-driven mining industry.

There is a clear distinction between mining rights and surface rights under Zambian law with the former largely dominating the latter as a superior right, although a fairly robust compensation mechanism exists for addressing surface rights that predate the mining right.

There is generally one regime for administering all mining rights (the Mines Act) and another regime for administering all surface rights in Zambia (the Lands Act, chapter 184 of the Laws of Zambia).

Publicly available information and data

What information and data are publicly available to private parties that wish to engage in exploration and other mining activities? Is there an agency which collects mineral assessment reports from private parties? Must private parties file mineral assessment reports? Does the agency or the government conduct geoscience surveys, which become part of the database? Is the database available online?

The intention under the Mines Act is to render all information in the sector publicly available to private parties although this is not the case in reality. The Ministry is both the repository and depository of information and data for the mining sector. All mining and exploration activities are required to be collected and lodged by mining right holders with the Ministry. Both the government and the private sector may conduct geosciences surveys although the latter is precluded from undertaking such surveys without the consent of the Ministry or over areas where there are existing mining rights. Basic information and data on mining activities and mineralisation are available at http://portals.flexicadastre.com/zambia/. This interface provides information such as details of mining licences that are active in Zambia.

Acquisition of rights by private parties

What mining rights may private parties acquire? How are these acquired? What obligations does the rights holder have? If exploration or reconnaissance licences are granted, does such tenure give the holder an automatic or preferential right to acquire a mining licence? What are the requirements to convert to a mining licence?

All mining rights are acquired in accordance with the provisions of the Mines Act. Mining rights under the Mines Act consist of a mining licence or an exploration licence. A person may therefore only prospect for minerals or carry on mining operations under the authority of a mining right granted under the Mines Act.

All mining rights are acquired by application to the director of mines cadastre by submitting a prescribed form and paying the prescribed fee by either an individual or a company. Mining rights are granted on a first-come, first-served basis by either the director of mines or the director of geological survey, where the application meets the requirements of the Mines Act.

The following mining rights may be acquired: an exploration licence and a mining licence. The Mines Act also provides for non-mining rights, which are a mineral processing licence, mineral trading permit, mineral import permit, mineral export permit and a gold panning certificate.

The Mines Act confers obligations on specific licence holders, as follows.

Exploration licence

The area of land over which an application for an exploration licence is made should be represented by complete and specific cadastre units. The minimum size of a small-scale exploration area is three cadastre units (approximately 0.1km2) and this cannot exceed 300 cadastre units (approximately 10.2km2). For large-scale exploration the minimum area of exploration is 300 cadastre units (approximately 10.2km2), while the maximum area must not exceed 59,880 cadastre units (approximately 1,999km2).

A holder of an exploration licence (ie, a company and its subsidiaries) may not hold a number of licences whose accumulated total area is more than 299,400 cadastre units (approximately 9,999km2). A company that accumulates an exploration area in excess of 149,700 cadastre units (approximately 4,999km2) must pay prescribed additional fees.

Exploration licences are valid for a period of four years and can be renewed for two further periods of three years each. The maximum period of an initial exploration licence is 10 years.

The holder of an exploration licence has the following obligations:

  • commence exploration operations, only once a decision letter (written approval) in respect of the environmental project brief approved by the ZEMA has been submitted to the mining cadastre office;
  • register a pegging certificate within 180 days of acquiring or being granted the exploration licence;
  • expend on exploration operations not less than the amount prescribed or required by the terms of the licence to be so expended;
  • carry on exploration operations in accordance with the programme of exploration operations;
  • notify the director of mining cadastre of the discovery of the mineral to which the exploration licence relates within a period of 30 days of such discovery;
  • backfill or otherwise make safe any excavation made during the course of the exploration operations, as the director of mining cadastre may specify;
  • permanently preserve and safeguard any borehole in a manner directed by the director, and to surrender to government without compensation, the drill cores, mineral samples, the boreholes and any water rights in respect therefore, on termination;
  • unless the director stipulates otherwise, to remove within 60 days of the expiry of the exploration licence, any camp, temporary buildings or machinery installed or erected, or make good any damage occasioned to the ground on account of such removal; and
  • maintain full and accurate records of the exploration operations and submit them quarterly to the Ministry, indicating:
  • the boreholes drilled;
  • the strata penetrated;
  • the minerals discovered;
  • the results of any seismic survey or geochemical, geophysical and remote sensing data analysis;
  • the result of any analysis or identification of minerals removed from the exploration area;
  • the geological interpretations of records maintained on the above matters;
  • the number of persons employed;
  • any other exploration work;
  • the costs incurred;
  • such other matters as may be prescribed by the minister in a statutory instrument; and
  • furnish the directors, at least every quarter, with digital and hard copies of the records.

Mining licence

A mining licence applies to anyone intending to carry on any artisanal, small or large-scale mining. An application for a mining licence is made to the director of mining cadastre in a prescribed manner and form and upon payment of a prescribed fee. The period for which a mining licence is granted depends on the category or class of mining to be undertaken. These are as follows:

  • two years for artisanal mining;
  • 10 years for small-scale mining; and
  • 25 years for large-scale mining.

Artisanal mining may only be undertaken by Zambian citizens or cooperatives wholly composed of Zambian citizens. Small-scale mining may only be undertaken by citizen-owned, citizen influenced or citizen empowered companies. A citizen-owned company (COC) is one where 50.1 per cent of its equity is owned by citizens and in which the citizens have control of the management of the company. A citizen-influenced company (CIC) is one where 5-25 per cent of its equity is owned by citizens who also have significant control of the management of the company and a citizen-empowered company (CEC) is one where 25-50 per cent of its equity is owned by citizens.

The Mines Act confers the following obligations on holders of mining licences:

  • register a pegging certificate within 180 days of being granted the mining licence;
  • develop the mining area and carry on mining operations with due diligence and in compliance with the programme of mining operations and the environmental impact assessment (EIA);
  • take all measures on or under the surface to mine the mineral to which the licence refers;
  • with respect to large-scale mining, implement the local business undertaking attached to the mining licence as well as employ and train Zambian citizens in accordance with the proposal attached to the licence;
  • comply with the proposed forecast of capital investment;
  • permit inspection of the books and records maintained by an authorised officer;
  • submit to the director of mining cadastre reports, records and other information that may be required;
  • maintain accurate technical records of the mining area, copies of all geological reports, accurate and systemic financial records and books of accounts of the mining operations under the licence and operations not related to the mining licence;
  • submit financial year end reports and in the case of large-scale mining returns showing compliance with the obligations specified;
  • maintain security of the licensee’s tenements;
  • submit annual mine plans, sections, primary and secondary developments, ore recovery and treatment and production costs to the demarcate of the mining area in the prescribed manner; and
  • maintain complete and accurate technical records of the operations in the mining area with copies of all maps and geological reports.

The holder of an exploration licence has a preferential but not an automatic right to acquire a subsequent mining right. The Mines Act gives the holder of an exploration licence the opportunity to apply for a mining licence within the exploration area. Such application should be made to the director of mines in the prescribed form and upon payment of a prescribed fee. It appears that the conversion of an exploration licence to a mining licence would be achieved through making an application for such a mining licence within six months before the expiry of the exploration licence.

An application for a mining licence must include the following to be accepted:

  • a statement of the period for which the licence is sought;
  • a statement of the minerals to be mined under the licence;
  • a comprehensive statement of the mineral deposits in the area over which the licence is sought, including details of all known minerals proved, estimated or inferred, ore reserves and mining conditions;
  • the proposed programme for mining operations, including a forecast of capital investment, the estimated recovery rate of ore and mineral products, and the proposed treatment and disposal of ore and minerals recovered;
  • an environmental management plan, including proposals for the prevention of pollution, the treatment of waste, the protection and reclamation of land and water resources, and for eliminating or minimising the adverse effects on the environment of mining operations;
  • details of expected infrastructure requirements;
  • the applicant’s proposal with respect to the employment and training of citizens of Zambia;
  • the applicant’s proposals for the promotion of local business development outlining how the applicant intends to promote;
  • the participation of Zambian entrepreneurs in procurement and supply business opportunities with the applicant;
  • the setting up by Zambian entrepreneurs of import substitution, and repair and maintenance businesses locally;
  • partnership between the Zambian entrepreneurs and foreign suppliers and contractors;
  • skills development to enable the Zambian entrepreneurs to attain quality standards in contract works and supply;
  • a full description, with geographical coordinates, of the area of land for which the mining licence is sought (not exceeding 7,470 cadastre units (approximately 249.498km2), represented by complete and not partial cadastre units;
  • a tax clearance certificate issued under the Income Tax Act;
  • a plan of the proposed mining area prepared in such manner and showing such particulars as the director of mines may require; and
  • such further information as the director of geological survey may require for the disposal of the application.

In addition to the above, the Mines Act also requires an applicant to commission and produce for the director of mines an environmental impact study on the proposed mining operations approved by the ZEMA.

Further, the holder of a small-scale prospecting permit may at any time during the currency of the permit apply to the director for a small-scale mining licence over any part of the prospecting area in the prescribed manner and upon payment of the prescribed fee.

An application for such licence would include the following:

  • an identification of the relevant prospecting permit;
  • a description and sketch of the area of land, not exceeding 180 cadastre units over which the small-scale mining licence is sought, sufficient to enable identification of the area;
  • a description of the proposed programme of mining operations, which shall include a forecast of investment, the estimated recovery rate of ore and the applicant’s proposal for its treatment and disposal;
  • a description to the best of the applicant’s knowledge and belief of the mineral deposits in the area over which the licence is sought;
  • a statement of the duration, not exceeding 10 years, for which the small-scale mining licence is sought;
  • a tax clearance certificate under the Income Tax Act; and
  • such other information as the director may require for the disposal of the application.

Non-mining rights

Mineral processing licence

The holder of a mineral processing licence is granted exclusive rights to carry on mineral processing in the mineral processing area specified in the licence. The following obligations are attached to a mineral processing licence:

  • to commence mineral processing operations once approval has been granted by the Zambia Environmental Agency in respect of the EIA;
  • to carry on mineral processing operations in accordance with the approved programme of mineral processing operations;
  • to submit reports to the directors on sources of ore, concentrates, tailings, slimes, quantities and grade feed;
  • to provide the directors with reports on compliance with safety and environmental standards, as well as labour and production returns; and
  • to submit any other records, reports and other information that the directors may require concerning the operations of mineral processing.

Gold panning certificate

The holder of a gold panning certificate is granted exclusive rights to pan for gold over specified areas along water courses and bodies, but is prohibited from excavating. Gold panning certificates are valid for a period of two years and confer the following obligations on a holder:

  • maintaining accurate and separate production and sales registers;
  • keeping daily records of production and sales, indicating names of buyers, permit numbers, amount and value of gold sold;
  • submitting to the director of mines, by the 15th day of each month, true copies of all entries made in the production and sales in the preceding month;
  • making the records and minerals available within normal working hours, for inspection by an authorised officer;
  • paying mineral royalties in accordance with the Mines Act; and
  • maintaining the panning area in accordance with the provisions of the Environmental Management Act of 2011.

Mineral trading permit

A mineral trading permit confers on the holder exclusive rights to trade in minerals. A citizen, citizen-influenced company, citizen-empowered company or citizen-owned company may apply for a mineral trading permit. The permit is valid for a period of three years and is renewable. A holder of a mineral trading permit has the following obligations:

  • maintaining accurate and separate mineral trading registers for the transactions for each mineral;
  • keeping daily records of buying, selling or processing - indicating the names of buyers and sellers, their licence numbers and the amount and value of the minerals bought, sold, processed, exported or imported;
  • submitting to the director of mines, by the 15th of each month, a true copy of all the entries made in the mineral trading register in the preceding month; and
  • making records and minerals available within normal working hours for inspection by an authorised officer.

Mineral import and mineral export permits

Any person intending to import or export any mineral, ore or mineral product is required to obtain a permit from the director of mines.

A holder of an import or export permit is required to submit to import or export returns in the prescribed form. The permits are valid for a period of one year and are limited to the quantities specified on the permit.

Renewal and transfer of mineral licences

What is the regime for the renewal and transfer of mineral licences?

The renewal and transfer of rights relating to exploration, and mining licences is governed by the provisions of the Mines Act and the Mines Regulations. The Mines Regulations provide guidelines for the renewal of a mining right and mineral processing licence, which is a non-mining right under the Mines Act.

An application for renewal of a mining right or mineral processing licence is made as follows:

  • in the case of an exploration licence, six months before expiry of the existing licence;
  • in the case of a mining licence, three months for an artisanal licence, six months before expiry for a small-scale mining licence and one year before expiry in the case of a large-scale mining licence; and
  • renewal of a mineral processing licence must be made one year before the expiry of the licence.

Applications for a renewal of a mining right or mineral processing licence must be made in the prescribed form and submitted to the mining cadastre office.

The process for transferring or assigning a mining right or mineral processing licence is also provided for in the Mines Act and Mine Regulations. The statute considers three means of transfer or assignment. First, the transfer or assignment of a share or shares in a company that holds a mining right or mineral processing licence. Second, the transfer of control of a company that holds a mining right or mineral processing licence and third the transfer of a mining right or mineral processing licence.

An application for consent to transfer control in a company that holds a mining right or the transfer of the mining right (ie, the exploration or mining licence as the case may be) is made in the prescribed form and submitted to the minister for consideration. Transfer of a mining right without first obtaining the consent of the Minister as required by the Mines Act renders such transfer void.

An assignment or transfer can be made at any time during the tenure of the right, but not less than 120 days before the expiry of the licence, and must be accompanied by an application for a mining right (or mineral processing licence) for the prospective assignee or transferee.

Duration of mining rights

What is the typical duration of mining rights?

Mining licences

The period for which a mining licence is granted depends on the category or class of mining to be undertaken The Mines Act prescribes a period not exceeding 25 years for large-scale mining, a period not exceeding 10 years for small-scale mining and a period not exceeding two years for artisanal mining. These mining rights are all subject to renewal. Application for renewal must be made three months before expiry in the case of artisanal mining; six months in the case of small-scale mining and one year before expiry in the case of large-scale mining.

Exploration licences

The Mines Act provides that an exploration licence shall be valid for an initial period of four years and can be renewed an additional two times for a period not exceeding three years each. Further, the holder of an exploration licence must relinquish 50 per cent of the exploration area at each renewal. The maximum duration of an exploration licence from initial grant is 10 years. However, an exploration licence for small-scale exploration and gemstones, other than diamonds is non-renewable. Mining rights can be extended or renewed if following consideration of the extension or renewal application by the Licensing Committee, the mining right holder has complied with the conditions attached to the licence and to the provisions of the Mines Act in general.

The Mines Act gives authority to the Director of Mines Safety or Director of Mines to suspend production or close a mine, and similarly to the Licencing Committee to suspend or revoke a mining licence.

The Director of Mines Safety or Director of Mines may direct a mining licence older to suspend or curtail production or close the mine or a section of the mine for any of the following reasons:

  • contravention of a condition of the mining right that presents danger or imminent harm to persons within the exploration, or mining area;
  • an unsafe working environment;
  • uncontrollable pollution of the area resulting from the mining operations;
  • force majeure;
  • a labour dispute that disrupts the mining operations;
  • if a licence holder obtained the mining right by fraud or submission of false information or statements;
  • if a licence holder contravenes a provision in the Mines Act, any other written law relating to the mining right, or any terms and conditions of the mining right;
  • if a licence holder fails to carry out mining in accordance with the approved plan of mining operations and the gross proceeds of sale of minerals from the mining area in any three successive years is less than half of the deemed turnover applicable to the mining licence in each of those years;
  • or fails to pay annual area charges or mineral royalty;
  • if false information is given on the recovery of ores and mineral products, production costs or sale;
  • if a licence holder fails to execute the approved exploration programme in the case of a holder of an exploration licence;
  • if a licence holder has ceased to fulfil the eligibility requirements under the Mines Act; or
  • suspension of revocation is in the public interest.

The Licencing Committee may suspend or revoke a mining right if the holder does any of the following:

  • obtained the right by fraud or submission of false information or statements;
  • contravenes this act, any other written law relating to the right or any terms and conditions of the right;
  • fails to carry out mining operations in accordance with the approved plan of mining operations and the gross proceeds of sale of minerals from the mining area in any three successive years is less than half of the deemed turnover applicable to the mining licence in each of those years;
  • give false information on the recovery of ores and mineral products, production costs or sale;
  • fail to pay annual area charges;
  • fails to excuse the approved exploration programme, in the case of a holder of an exploration licence;
  • has ceased to fulfil the eligibility requirements under the Mines Act; or
  • the suspension or revocation is in the public interest.
Acquisition by domestic parties versus acquisition by foreign parties

Is there any distinction in law or practice between the mining rights that may be acquired by domestic parties and those that may be acquired by foreign parties?

As stated in question 10, artisanal mining is only permitted to be undertaken by a Zambian citizen or a cooperative wholly composed of Zambian citizens. Small-scale mining may only be undertaken by a citizen-owned, citizen-influenced or citizen-empowered company. Gold panning certificates, which are non-mining rights, are issued to citizens or cooperatives consisting only of Zambian citizens. There are, however, no such restrictions for large-scale mining licences.

Protection of mining rights

How are mining rights protected? Are foreign arbitration awards in respect of domestic mining disputes freely enforceable in your jurisdiction?

The Mines Act protects mining rights by conferring on the holder exclusive rights to carry on exploration or mining (or both). A licence can only be cancelled or suspended by reasons of default or contravention of a condition of the mining right. Prior to cancellation or suspension, the licence holder must have failed to remedy the default within the time allowed or where the default was not capable of remedy, have failed to offer reasonable compensation.

Further protection is provided by the Zambian Constitution, which stipulates that property of any description can only be compulsorily acquired, under the authority of an act of Parliament that provides for payment of adequate compensation.

In addition, foreign arbitration awards with respect to domestic disputes are freely enforceable in Zambia subject only to a standard or universal list of public policy restrictions. The Arbitration Act, No. 19 of 2000 provides that a foreign arbitration award is enforceable in Zambia. Zambian courts will generally enforce an arbitral award rendered by a recognised arbitral institution as a legal, valid and binding submission to the arbitration in accordance with the rules of such recognised arbitral institution.

Arbitral awards will be enforced by the Zambian courts if rendered by all arbitral institutions rendering an award under the auspices of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958 (the New York Convention) including the London Court of International Arbitration, the International Chamber of Commerce, the Arbitration Association (Southern Africa) and the Arbitration Foundation of Southern Africa.

Although Zambian courts are able to enforce arbitral awards as stated above, the said awards can be challenged on the basis of the following grounds:

  • if the party to the arbitration award was under some incapacity or the arbitration agreement is not valid;
  • if the party challenging the arbitration was not given proper notice of the appointment of the arbitrator;
  • if the arbitration deals with a dispute not contemplated by, or not falling within the terms of the submission to arbitration;
  • if the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties;
  • if the award has not yet become binding on the parties;
  • if the subject matter of the dispute is not capable of settlement by arbitration under the law of Zambia;
  • if the award is in conflict with public policy; and
  • if the making of the award was induced or effected by fraud, corruption or misrepresentation.
Surface rights

What types of surface rights may mining rights holders request and acquire? How are these rights acquired? Can surface rights holders oppose these requests?

Surface rights are governed by the Lands Act, Chapter 184 of the Laws of Zambia (the Lands Act). There are two types of land tenure systems in Zambia: customary tenure and state tenure. Customary tenure comprises over 90 per cent of the total land mass. The customary land is administered by traditional rulers in various parts of the country. Mining right holders can obtain the exclusive or other use of the whole or any portion of an exploration or mining area.

The process for acquisition of customary land begins with its conversion to leasehold tenure. To obtain a conversion of customary area the following process is normally followed:

  • the preparation of a plan showing the exact extent of the land to be converted;
  • an application to the chief of the area for conversion of such area into a leasehold tenure and the approval of the chief;
  • upon the consent of the chief, the chief shall refer the application to the local council where the land is situated;
  • the local council is required to consider if there is any conflict between the customary law of the area and the Lands Act, and in the event that there is no conflict make a recommendation to the commissioner of lands; and
  • the commissioner of lands may accept or refuse to accept the recommendation and the applicant has a right of appeal in the event of a refusal to the Lands Tribunal.

Title to land is allocated for a period of 99 years, renewable if the covenants subject to which it was granted have not been breached. The Republican President may grant land title for a longer duration if this is considered to be in the interest of the nation. Any person who desires to sell, transfer or assign land is required to obtain the president’s consent before such land can be disposed of. Consent must be granted within 45 days and is deemed granted thereafter if not refused. Reasons for refusal must be given. An aggrieved party has the right to appeal against the decision to refuse to grant consent to the Lands Tribunal established under the Lands Act.

In instances where private leasehold interests exist in an area covered by a mining right, the holder of any licence or permit who requires the exclusive or other use of any portion of the exploration or mining area may acquire a lease over such area or the right of use thereof on terms to be agreed between the licence holder and the owner of such land. There is an arbitration process to determine the matter (largely in respect of compensation), but the owner or occupier cannot prevent the mine from operating on such land. If any portion of the land over which the tenement exists is under customary land, there may be a requirement to obtain permission from the local chief in order to obtain surface rights that would require the chief to give his or her written consent to the local council for the conversion of that particular portion of customary tenure to statutory (leasehold) tenure.

If a mining right predates any surface right over the same location, it is not technically possible for surface rights independent of the mining rights to be acquired subsequently.

The Mines Act provides that the surface rights holder has to give written consent to a holder of a mining right to exercise any rights over their land. In instances when written consent is required, it should not be unreasonably withheld. A surface rights holder may opt not to give consent with good reason or request the director of mining cadastre to determine any dispute arising with the holder of the mining right in relation to the use of the land. Alternatively, the director of mining cadastre may require the parties to submit to arbitration.

Participation of government and state agencies

Does the government or do state agencies have the right to participate in mining projects? Is there a local listing requirement for the project company?

The mining industry is private sector driven since the privatisation of the mining sector and liberalisation of the Zambian economy and therefore the government does not necessarily have a right to participate in a mining project. However, the law permits the government to identify an area that is not subject to existing mining rights in relation to which the director of geological survey may carry out exploration activities on behalf of the government.

The Mines Act provides that the government may acquire mining rights for government over identified areas. The identified areas will not be subject to an application for a mining right by any person and furthermore the mining rights subject to identified areas shall be granted to a government investment company in accordance with the provisions of the Mines Act.

In addition, the Public-Private Partnership Act No. 14 of 2009 (the PPP Act) provides for the implementation of public-private partnership agreements between contracting authorities and concessionaires although these are mainly related to infrastructure projects. The PPP Act enables the government and government agencies to partner with the private sector on projects that develop public infrastructure and contribute to effective delivery of social services. This may be more visible particularly when it relates to projects dealing with sustainability.

There are no mandatory listing requirements with respect to the project company.

Government expropriation of licences

Are there provisions in law dealing with government expropriation of licences? What are the compensation provisions?

There are no specific legal provisions relating to expropriation of mining licences. Article 16(1) of the Constitution of Zambia and Chapter 1 of the Laws of Zambia provides for the protection of fundamental rights, which include the ownership and protection of property rights. Mining rights as defined under the Mines Act would qualify as rights to property protected by the Constitution. Expropriation of property can only be by an act of Parliament, which provides for payment of adequate compensation for the property or interest or right to be taken possession of or acquired. The Constitution further provides that nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of the protection of the fundamental rights, to the ownership and protection of property rights to the extent that it is shown that such law provides for the taking possession or acquisition of any property or interest therein or right thereof where the property consists of or includes any licence or permit.

Any relevant act must provide that in default of agreement, the amount of compensation shall be determined by a court of competent jurisdiction. The only other provision that deals with acquisition of property in general terms is section 3 of the Land Acquisitions Act, chapter 189, which gives the President of Zambia power to acquire property of any description where they consider it desirable or expedient in the interests of the republic to do so compulsorily. Section 10 of the same act further provides for the monetary compensation where any property is acquired by the President under the act. There has, however, been much debate as to what would constitute property and whether the act ought to be applied strictly to land acquisition or property in any form.

Protected areas

Are any areas designated as protected areas within your jurisdiction and which are off-limits or specially regulated?

The Mines Act provides that the holder of a mining right or mineral processing licence requires written consent of the appropriate authority to commence activity upon any land dedicated as a place for burial, a place being an ancient or national monument, any land within 90 metres of any building or dam owned by the republic or any land forming part of the government aerodrome.

There are generally no protected areas in Zambia specified as being off-limits for mining purposes apart from those areas declared as heritage sites under the law.