An analysis of the change of the legal regime governing the large scale mining sector
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Date
2013-05-16
Authors
Musopelo, Chilongoshi
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Abstract
Throughout Zambia's history, Large scale mining has played a pivotal role in helping the country achieve its economic and social development aspirations. It is against this background that the legislature passed the Mines and Minerals Development Act, which effectively changed the legal regime governing the large scale mining sector, and gave rise to a number of issues, particularly with respect to the cancellation of the Development Agreements entered into between the government and mining companies under the repealed Mines and Minerals Act. This work analyses some of the issues that have arisen as a result of the change in the legal regime governing the large scale mining sector.
The paper begins with an overview of the policy considerations that motivated the change in the legal regime governing the large scale mining sector, and briefly discusses the legal framework of the sector. The paper then examines the legal basis of the controversial Development Agreements that were entered into under the Old legal regime. It further examines the legal consequences of the cancellation of these agreements under the New legal regime.
It also explores the nature of mining rights granted under Zambian legislation, and in doing so, assesses whether these rights have sufficient protection under Zambian law. The paper then considers the possible effects of the change in the legal regime governing the large scale mining sector, on future investment in the sector. The paper concludes with the author's observations and recommendations in the perspective of the issues discussed in the paper.
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Mining law , Coal mines and mining --Law and legislation --Zambia