An Update on the Amendments to the Mines and Minerals Act and Regulations

1. An Update on the Amendments to the Mines and Minerals Act and Regulations Ministry of Mines and Mining Development

2. Procedures in Amendments of Acts • Stakeholder consultation • Draft principles • Cabinet approval • Draft Bill • Approval by CCL • Bill published • After 60dys 1st reading in parliament • 2nd reading until passed

3. The Principles of the Amendments to the Act • To change the composition of the Mining Affairs Board and to clarify and extend its functions; • The Board will consist of the Secretary and five other named Ministry officials, plus nine further members at least seven of whom will be appointed by the Minister to represent miners, farmers and rural district councils.

4. The Principles of the Amendments to the Act ctd… • To establish the Cadastre of Mining Rights and Titles; • There shall be established a Mining Cadastre Department with the responsibility for the administration of the mining titles and maintenance of the cadastral registers.

5. The Principles of the Amendments to the Act ctd… • To regulate the activities of prospectors more closely, and to confine their activities to specific areas defined by grids; • allow prospectors to exercise right to peg claims in their own right CRAP will be done away with

6. The Principles of the Amendments to the Act ctd… • To remove the distinction between precious metal and base metal claims, and to abolish the extra-lateral rights which holders of precious metal claims enjoy at present; • The rights of such holders will be the same as those of other miners, as set out in section 172 of the Act.

7. The Principles of the Amendments to the Act ctd… • To provide for mining title to be granted in the form of a mining lease, where the title extends over four or more contiguous blocks; • In line with the new cadastre system

8. The Principles of the Amendments to the Act ctd… • To require holders of mining rights to work their claims rather than allowing them to preserve their title by paying annual fees; • Through regulations and fees

9. The Principles of the Amendments to the Act ctd… • To require miners to establish funds or to make other provision to meet the cost of restoring the environment when their mining operations come to an end; • Large-scale miners (i.e. miners whose output exceeds a prescribed amount) will be required to establish environmental rehabilitation funds to finance any work needed to restore the environment when they cease mining operations.

10. The Principles of the Amendments to the Act ctd… • To convert certain special grants into mining leases; • In line with new cadastre system • To remove much of the excessive particularity from the Act (for example, the detailed provisions setting out the way in which claims must be pegged) and leaving such matters to be prescribed in regulations;

11. Current status • Initial draft had gone as far as 2nd reading but process stalled when parliament was dissolved and started again with new parliament and is at draft stage. Advantage was taken to change or include other sticky areas • Regulations to be formulated after Act is enacted

12. Mine Survey Regulations • Proposals were formulated by the AMSZ and presented to the CGME • The proposed amendments are • to section 77 • definition of certified surveyor, • appointment of mine surveyors • Section 79 • Plan details

13. Mine Survey Regulations ctd… • Section 81 • Limits of error • Section 82 • Signing of plans • CGME sent to AMMZ for comments which have are still being awaited