Geological and Minerals Development Act, 2025 (No. 2 of 2025)

1. Short title and commencement

2. Interpretation PART II ADMINISTRATION

3. Appointment of Directors

4. Designation of authorised officer

5. Powers of authorised officer PART III GEOLOGICAL SURVEY

6. Functions of Director of Geological Survey

7. Geological survey, mapping and exploration PART IV ARTISANAL AND SMALL-SCALE MINING

8. Functions of Director of Artisanal and Small-Scale mining

9. Functions of Director of Large-Scale Mining and Mineral Investment Promotion

10. Preference for Zambian products, contractors and services and employment of citizens

11. Restrictions on removal of minerals PART V ARTISANAL AND SMALL-SCALE MINING FUND

12. Establishment of Artisanal and Small-Scale Mining Fund

13. Management of Fund

14. Accounts and audit

15. Annual report 46 No. 2 of 2025] Geological and Minerals Development PART VI GENERAL PROVISIONS

16. Guidelines

17. Prohibition of publication or disclosure of information to unauthorised persons

18. Immunity

19. Regulations Geological and Minerals Development [No. 2 of 2025 47 GOVERNMENT OF ZAMBIA ACT No. 2 of 2025 Date of Assent: 8th April, 2025 An Act to provide for the geological survey, mapping and exploration in the Republic; provide for the establishment of the Artisanal and Small-Scale Mining Fund and provide for matters connected with, or incidental to, the foregoing. [ 15th April, 2025 ENACTED by the Parliament of Zambia. Enactment PART I PRELIMINARY PROVISIONS

1. This Act may be cited as the Geological and Minerals Short title and Development Act, 2025 and shall come into operation on the date commen- appointed by the Minister, by statutory instrument. cement

2. In this Act, unless the context otherwise requires— Interpretation “appropriate authority” has the meaning assigned to the words in the Minerals Regulation Commission Act, 2024; Act No. 14 of 2024 “artisanal mining” has the meaning assigned to the words in the Minerals Regulation Commission Act, 2024; Act No. 14 of 2024 “authorised officer” means a public officer or other person designated as authorised officer under section 4; “citizen empowered company” has the meaning assigned to the words in the Citizen Economic Empowerment Act, Act No.9 of 2006; 2006 “citizen influenced company” has the meaning assigned to the words in the Citizen Economic Empowerment Act, Act No.9 of 2006; 2006 48 No. 2 of 2025] Geological and Minerals Development “citizen owned company” has the meaning assigned to the Act No. 9 of words in the Citizen Economic Empowerment Act, 2006; 2006 “Commission” means the Minerals Regulation Commission Act No. 14 established under the Minerals Regulation Commission of 2024 Act, 2024; “exploration area” has the meaning assigned to the words in Act No. 14 the Mineral Regulation Commission Act, 2024; of 2024 “exploration licence” means an exploration licence granted Act No. 14 under the Minerals Regulation Commission Act, 2024; of 2024 “exploration” has the meaning assigned to the word in the Act No. 14 Mineral Regulation Commission Act, 2024; of 2024 “formalisation” means the process of changing informal artisanal and small scale mining activities to comply with Act No. 14 the Minerals Regulation Commission Act, 2024; of 2024 “Fund” means the Artisanal and Small Scale Mining Fund established under section 12; Act No. 14 “holder” has the meaning assigned to the word in the Minerals of 2024 Regulation Commission Act, 2024; Act No. 14 “mineral” has the meaning assigned to the Minerals of 2024 Regulation Commission Act, 2024; “mineral processing licence” has the meaning assigned to Act No. 14 the words in the Minerals Regulation Commission Act, of 2024 2024; Act No. 14 “mineral processing operation” has the meaning assigned to of 2024 the words in the Minerals Regulation Commission Act, 2024; Act No. 14 “mining” has the meaning assigned to the word in the of 2024 Minerals Regulation Commission Act, 2024; “mining area” has the meaning assigned to the words in the Act No. 14 of Minerals Regulation Commission Act, 2024; 2024 “mining operations” has the meaning assigned to the words Act No. 14 of in the Minerals Regulation Commission Act, 2024; 2024 “mining right” means a right granted under Part III of the Act No. 14 of Minerals Regulation Commission Act, 2024; 2024 “non-mining right” means a right granted under section 11(2) Act No. 14 of of the Minerals Regulation Commission Act, 2024; 2024 Act No. 14 of “ore” has the meaning assigned to the word in the Minerals 2024 Regulation Commission Act, 2024; Geological and Minerals Development [No. 2 of 2025 49 “radioactive mineral” has the meaning assigned to the words in the Minerals Regulation Commission Act, 2024; Act No. 14 of 2024 “public officer” has the meaning assigned to words in the Cap. 1 Constitution; “small-scale mining” has the meaning assigned to the words in the Mineral Regulation Commission Act, 2024; Act No. 14 of 2024 “State institution” has the meaning assigned to words in the Cap.1 Constitution; and “Zambia Development Agency” means the Zambia Development Agency established under the Zambia Development Agency Act No. 17 Act, 2022. of 2022 PART II ADMINISTRATION

3. (1) The Civil Service Commission shall appoint as public Appointment officers in the ministry responsible for Mines, the— of Directors (a) Director of Geological Survey; (b) Director of Artisanal, Small Scale Mining and Value Addition; (c) Director of Large-Scale Mining and Mineral Investment Promotion; and (d) such other public officers as may be necessary for the proper administration of this Act. (2) The Directors referred to in subsection (1) (a) (b) and (c) shall exercise and perform the powers and functions conferred on them by or under this Act.

4. (1) The Minister may, by Gazette notice, designate a public Designation officer to be an authorised officer for the purpose of the exercise of authorised and performance of any of the functions conferred on an authorised officer officer under this Act. (2) The Director shall, issue to an authorised officer an identity card which shall be prima facie evidence of the authorised officer’s appointment. (3) An authorised officer, shall in performing a function under this Act— (a) be in possession of the identity card referred to under subsection (2); and (b) show the identity card to a person who requests to see it or who is subject to an investigation under this Act. 50 No. 2 of 2025] Geological and Minerals Development (4) The Minister may, by direction in writing and on conditions that the Minister considers necessary, assign a public officer from the ministry responsible for mines, or an authorised officer, to an institution to perform any of the functions conferred on an authorised officer. Powers of 5. (1) Subject to and for purposes of this Act, an authorised authorised officers officer may, at any reasonable time with a warrant, enter on a mining area or any premises to— (a) inspect the area, premises or workings and examine exploration, mining or mineral processing operations or the treatment of minerals at the area or premises; (b) ascertain whether or not any nuisance exists on the area, land or mine or in the premises or workings; (c) give directions and take steps to enforce any provision of this Act or to abate or remove any nuisance; (d) take soil samples or specimens of rocks, ore concentrates, tailings, minerals or any other material from the area, premises or workings for the purpose of examination or assay; (e) examine books, accounts, vouchers, documents, maps, drilling logs or records of any kind; (f) take extract from, or make copies of, any book, document, map or record; and (g) obtain any information necessary for the purposes of this Act. (2) An authorised officer who removes anything from any land, building or premises shall— (a) issue a receipt for anything removed to the owner or the person in control of the land, building or premises; and (b) return anything removed as soon as practicable after the thing removed has served the purpose for which it was removed. Geological and Minerals Development [No. 2 of 2025 51 PART III GEOLOGICAL SURVEY

6. (1) Subject to other provisions of this Act, the Director of Functions of Geological Survey shall— Director of Geological (a) undertake, develop and compile geo-scientific research Survey and related technological development; (b) develop a comprehensive and integrated geo-scientific database; (c) promote the search for, and the exploitation of, minerals in the Republic; (d) advise the Minister on matters relating to geological survey; (e) study the — (i) distribution and nature of mineral resources; (ii) geo-environmental aspects of past, current and future mineral exploitation; and (iii) use of the surface and the subsurface of land and the seabed, and advise a State institution and the public on the judicious and safe use of the surface and the subsurface of land and the seabed for purposes of facilitating sustainable development; (f) review and evaluate geotechnical engineering reports in respect of geo-hazards that may affect infrastructure and development; (g) conduct geological investigations; (h) provide specialised geological services to public and private institutions; (i) promote mineral beneficiation and value addition; (j) establish and maintain an accredited mineral laboratory for analysing mineral samples, rocks, mineral concentrates, tailings or minerals; and (k) provide data on the geology and mineral resources in the Republic and information to the public on geological matters. (2) The department responsible for geological survey in the ministry responsible for mines may provide consultancy and geological services to the public in a prescribed manner and on payment of a prescribed fee. 52 No. 2 of 2025] Geological and Minerals Development Geological 7. (1) The Director of Geological Survey or an authorised survey, mapping officer may, for the purposes of carrying out geological survey, and mapping or exploration operations enter on land with persons that exploration the Director of Geological Survey or an authorised officer may consider necessary and exercise the rights of a holder of an exploration licence. (2) The Director of Geological Survey or an authorised officer may, for the purposes of carrying out the geological survey, mapping or exploration— (a) enter, at a reasonable time, on land with persons, animals, vehicles, appliances, instruments and materials that are necessary for the survey; (b) break up the surface of a part of land for the purposes of ascertaining the rocks or minerals within or under the land; (c) take samples and specimens of the soil, rocks or minerals found on the land; (d) fix a post, stone, mark or object to be used in the survey of the land; (e) dig up the ground for the purposes of fixing a post, stone, mark or object; and (f) enter into, or on, land through which it may be necessary to pass for the purposes of the survey. (3) The Director of Geological Survey or an authorised officer shall not, in exercising a power conferred under this section fix an object, post, stone or mark on land without the consent of the owner or occupier of the land, which consent shall not be unreasonably withheld. (4) The owner or occupier of the land referred to in subsection (3) shall, within thirty days of the request for consent, grant the consent. (5) Where the owner or occupier of the land to which access is requested under subsection (3) delays or unreasonably withholds to grant consent, the Director of Geological Survey or an authorised officer shall refer the matter to the Minister. Geological and Minerals Development [No. 2 of 2025 53 (6) A notice of the intention to exercise a power conferred under this section shall be published in the Gazette and in a daily newspaper of general circulation in the area where the land is situated, at least fourteen days before the exercise of the power, unless the land is State land alienated by the President in accordance with the Lands Act. Cap.184 (7) The Director of Geological Survey shall ensure that — (a) as minimal damage and inconvenience as possible is caused by the exercise of a power conferred under this section; and (b) an excavation opened is backfilled before abandoning land. (8) An owner or occupier of land may, where substantial damage is caused by the exercise of power conferred under this section, claim compensation as prescribed. (9) A determination of the compensation claimed under subsection (8) shall be prescribed. (10) Nothing in this section authorises a person to enter on land referred to under subsection (1) without obtaining the relevant consent required from an appropriate authority. PART IV ARTISANAL AND SMALL-SCALE MINING

8. (1) The Director of Artisanal and Small-Scale Mining shall Functions of Director of promote the sustainable development of the artisanal and small- Artisanal scale mining sector. and Small- Scale (2) Despite subsection (1), the Director of Artisanal and Small- Mining Scale Mining shall— (a) collaborate with the Minerals Regulation Commission on aspects of mapping the artisanal and small-scale mining subsector; (b) collaborate with the ministries responsible for finance, environment, small and medium enterprise, commerce and other ministries and cooperating partners on matters supporting the growth of the artisanal and small-scale mining subsector; 54 No. 2 of 2025] Geological and Minerals Development (c) promote the conservation of mineral resources of the Republic through appropriate mining methods and mineral processing technology in order to prevent wasteful mining; (d) provide technical extension services to artisanal and small- scale mining to build capacity; (e) promote formalisation of artisanal and small-scale mining to ensure participation of the citizens in artisanal and small-scale mining; (f) advise the Minister on the formulation of policy relating to artisanal and small-scale mining; and (g) promote value addition to optimise mineral exploitation. Functions of 9. The Director of Large-Scale Mining and Mineral Investment Director of Large-Scale Promotion shall, in collaboration with the ministry responsible for Mining and Mineral finance and the Zambia Development Agency— Invetment Promotion (a) develop policies that seek to identify and attract potential investors to the mining industry; (b) develop and execute investment promotion awareness programmes and strategies in the mining sector with the aim of enabling the sector to become investment promotion conscious and utilise investment promotion as a tool for innovation and creativity; (c) develop and implement policies and programs that promote local content in the mining industry; (d) promote international or regional cooperation agreements that would contribute to improving the investment promotion regime; (e) conduct investment promotion by showcasing the mineral wealth at local investment forum and international investment forum to attract investment in the mining sector; Geological and Minerals Development [No. 2 of 2025 55 (f) consult with relevant stakeholders in the development of incentives targeted at attracting investors in the mining sector and make appropriate recommendations to the Zambia Development Agency ; and (g) promote value addition and reinvestment by existing investors to increase investment.

10. (1) Subject to the Minerals Regulations Commission Act, Preference for Zambian 2024, a holder of a mining right or a mineral processing licence products, contractors shall, in the conduct of mining operations or mineral processing and employment operations and in the sales purchase, construction, installation and of citizens decommissioning of facilities, give preference to the— Act No. 14 of 2024 (a) materials and products made in the Republic; and (b) contractors, suppliers and service agencies located in the Republic which are citizen empowered, or citizen owned companies. (2) A holder of a mining right or mineral processing licence shall, in the course of operations— (a) subject to the Employment Code Act, 2019 give Act No. 3 of 2019 preference in employment to citizens with relevant qualifications or skills; and (b) conduct training programmes for the transfer of technical and managerial skills to citizens. (3) A person who contravenes subsection (1) and (2) commits an offence and is liable, on conviction, to a fine of not less than one million penalty units and to a further penalty of one hundred and fifty thousand penalty units for each day that the offence continues. (4) The Minister may, by statutory instrument determine the threshold of local content eligible for preference under this Act.

11. (1) Except for the purpose of analysing a mineral or Restrictions conducting tests on the mineral, a holder of an exploration licence on removal of minerals shall not remove any mineral from the exploration area without the written consent of the Director of Geological Survey and shall, when removing any mineral, comply with the conditions as the 56 No. 2 of 2025] Geological and Minerals Development Director of Geological Survey may in consultation with the Commission specify in writing. (2) The Minister may, by statutory instrument, determine the quantities of mineral samples to be removed from an exploration area for the purposes of mineral analysis or conducting tests on the mineral. PART V ARTISANAL AND SMALL-SCALE MINING FUND Establishment 12. (1) There is established the Artisanal and Small-Scale of Artisanal and Small- Mining Fund for purposes of promoting the development of the Scale artisanal and small-scale subsector. Mining Fund (2) Despite the generality of subsection (1), the Fund may be applied for purposes of — (a) capacity development of artisanal and small-scale miners; (b) providing grants, loans to artisanal and small-scale miners; (c) paying administrative and management expenses not exceeding five percent of the Fund; and (d) any other matter relating to promoting the development of the artisanal and small-scale subsector. (3) The Fund consists of monies that may— (a) be appropriated by Parliament for purposes of the Fund; Act No. 1 of (b) subject to the Public Finance Management Act, 2018, be 2018 received by way of grants and donations from any source, with the approval of the Minister; (d) vest in, or accrue to, the Fund; and (e) be payable to the Fund by or under any other written law. (4) The ministry responsible for mines may, subject to the Act No. 1 of Public Finance Management Act, 2018 charge and collect fees for 2018 services provided by the ministry responsible for mines. Act No. 1 of (5) Subject to the Public Finance Management Act, 2018, the 2018 ministry responsible for mines may invest any monies of the Fund that are not immediately required for the purpose of the Fund, in a manner authorised by the ministry. Geological and Minerals Development [No. 2 of 2025 57

13. (1) Subject to the Public Finance Management Act, 2018, Management the Fund shall be managed and administered by the ministry of Fund responsible for mines. Act No. 1 of 2018 (2) The ministry responsible for mines shall ensure that prudent controls are established for the Fund relating to— (a) fiscal controls and accounting procedures governing the Fund; (b) reporting procedures for matters relating to the Fund; and (c) investment of the monies of the Fund.

14. (1) The ministry responsible for mines shall cause to be Accounts kept proper books of accounts and other records relating to the and audit Fund. (2) The Fund shall be audited annually by the Auditor-General or an auditor appointed by the Auditor-General. (3) The fees for the audit of the Fund shall be paid from the Fund.

15. (1) The ministry responsible for mines shall, as soon as Annual report practicable, but not later than ninety days after the end of the financial year, submit to the minister responsible for finance a report concerning the ministry’s activities relating to the Fund during the financial year. (2) The report under subsection (1), shall include information on the financial affairs of the ministry relating to the Fund and there shall be appended to the report— (a) an audited statement of financial position; (b) an audited statement of comprehensive income and expenditure; and (c) other information that the Minister responsible for finance may require. (3) The Minister responsible for finance shall, not later than seven days after the first sitting of the National Assembly next after receipt of the report under subsection (1), lay the report before the National Assembly. 58 No. 2 of 2025] Geological and Minerals Development PART VI GENERAL PROVISIONS Guidelines 16. (1) The ministry responsible for mines may in the exercise of its functions under this Act, issue guidelines as are necessary for the better carrying out of the provisions of this Act. (2) The ministry responsible for mines shall cause to be published the guidelines issued under this Act in the Gazette and in a daily newspaper of general circulation in the Republic or on the website for the ministry responsible for mines and the guidelines shall take effect on the date of publication. (3) The guidelines published under subsection (2) shall bind the persons regulated under this Act. Prohibition 17. (1) A person shall not, without the consent in writing, given of by or on behalf of the Minister, otherwise than in the course of publication or disclosure duties of that person, publish or disclose to an unauthorised person, of the contents of any document, communication or information, information to which relates to or which has come to the knowledge of that person unauthorised in the course of that person’s duties under this Act. persons (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both. (3) A person who, having information which to the knowledge of that person has been published or disclosed in contravention of subsection (1), unlawfully publishes or communicates the information to any other person, commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both. Immunity 18. The Director or an authorised officer shall not be liable for anything done or omitted to be done in good faith in the exercise or performance, of purported exercise or performance, of any, power or function conferred or imposed on the Directors or authorised officers by or under this Act. Regulations 19. The Minister may, by statutory instrument, make Regulations for the better carrying out of the provisions of this Act. 59