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Challenges of a Modern Mining Cadastre System in Zambia

Challenges of a Modern Mining Cadastre System in Zambia. Presentation to the public on the importance of a modern mining cadastre system in Zambia and the need to temporarily close the receipt of new application for mining rights for the period 1 st July to 31 st December 2007

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Challenges of a Modern Mining Cadastre System in Zambia

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  1. Challenges of a Modern Mining Cadastre System in Zambia Presentation to the public on the importance of a modern mining cadastre system in Zambia and the need to temporarily close the receipt of new application for mining rights for the period 1st July to 31st December 2007 Provincial tours by officials from the Ministry 15th-30th June 2007

  2. Mining Cadastre System ? Administration of Mining Laws and Regulations with respect to: 1. Handling legal and technical aspects of Land Requesting Administration/ Processing Granting and Termination of the Mining Rights Delineation /demarcation 2. Basic rules for a Modern Mining Cadastre System(MMCS) First come first served principle Security and legal protection of investments - transparency Transferable Mineral rights Timely payment of mineral rights fees Licence areas measured in cadastre units Unrestricted information flow

  3. Mining Cadastre System ? 3. Modern Mining Cadastre Procedures must be: • Simple • Direct • Fast • Transparent • Clear • Timely processes • Priority Register and • General Register • Time specific NO DISCRETION – SYSTEM BASED THAN MAN BASED

  4. Why the moratorium? • To clean up the dataset in order to determine the existing overlaps and find solutions to the overlaps • Carry out the survey of all areas with no coordinate • Invite and attend to people with specific issues to resolve • Train the cadastre officers adequately • Establish formal links between MCU and regional offices • Elimination of non compliant licences • Payments • Reports • Beaconing • Institutional reforms • New Act review • Adoption of regulations

  5. Separation of Functions and role of control units • Composition • MCU – Licencing processes • MDD- Extension services & monitoring of operations • MSD- Extension services on Safety, Health & Environment • GSD- Extension services, validation of geological data, research, mapping services etc…. • ECZ- Monitoring of environmental impacts B. Integration in licencing process • When in breach cancellation notice sent to MCU • MDD, MSD,GSD & ECZ involved before MCU can process for renewal and cancellation • Application for various mining rights • Land surveyor to survey Mining Licence areas • Surveys by MDD and Private Registered Surveyors - other rights • MCU to provide arbitration survey only

  6. Restrictions of the Licenses Geometry • Need for change

  7. Mining Cadastre System Need for change & International Practice • Fairness in granting mining rights – First come first served • Transparency & efficiency in handing applications • Guaranteed exclusivity of a mineral title • Free area or not free – No overlaps • No discretion-Quality Assurance in System • Regulations in place -Transparency Guaranteed • Workflow based on procedures • Information Supply – Web based System • Integrated licencing process

  8. Mining Cadastre System Areas of responsibility MDD/MMMD – Spearheading project implementation SEED - Legal and regulatory reforms, capacity building MSDP – Computerisation and technical support capacity building a)Data input b) Data validation c) systems development d) capacity building

  9. Mining Cadastre System Benefits of modern mining cadastre system • Time based workflow (Flexi cadastre) well executed • Increased transparency, removal of discretion • Retention and well management of financial resources • Minister of Mines - Champion of GOOD WILL Backed by system NOT Man Based • Assured increased investment • Modern Mining Cadastre System will be consistent with international Practice • Increased regional competition will not be a threat to our investment • Minister of Mines - Champion of GOOD WILL for • Assured increased investment • Confidence in Mineral Policy and Modern Mining Cadastre System • Consistent with international Practice • Implemented Modern Mining Cadastre Systems in the Region is a THREAT to our investment

  10. Granting of licences Current status • Registry • Survey • Mining Unit and Headquarters • Approval–Small scale Director - Large scale Minister Desired future Timed functions in Mining Cadastre Unit • Area NOT free – non compliant to Reg. – rejected • Area Free – sent for approval to • Director of mines – timely approval only (within 15 days) • Minister of Mines – timely approval only (within 15 days) Approval by Director of Mining Cadastre • When time by Director to approve has lapsed • When time by Minister to approve has lapsed

  11. Modern Mining Cadastre System Conclusion • To settle outstanding area charges by 30/09/07 • Ministry needs reliable addresses • To have reliable coordinates • Holders to avail themselves at cadastre office or mine site when called upon • To submit statutory reports • Compliance to all conditions of grant of licence

  12. Modern Mining Cadastre System is the answer! THANK YOU THE END • ?

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