Zimbabwe
Mines and Minerals Act
Chapter 21:05
- Commenced on 1 November 1961
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short title
This Act may be cited as the Mines and Minerals Act [Chapter 21:05].2. Rights to minerals vested in President
The dominium in and the right of searching and mining for and disposing of all minerals, mineral oils and natural gases, notwithstanding the dominium or right which any person may possess in and to the soil on or under which such minerals, mineral oils and natural gases are found or situated, is vested in the President, subject to this Act.3. Acquisition of mining rights
Except where otherwise provided under any title deed to land granted prior to the 1st November, 1961, rights can be acquired in the manner hereinafter in this Act set out and in such manner only to all minerals, mineral oils and natural gases.4. Savings
5. Interpretation
Part II – Establishment and functions of Mining Affairs Board
6. Establishment and functions of Mining Affairs Board
7. Constitution of Board
8. Filling of vacancies
9. Remuneration of members of Board
The members of the Board shall be paid, out of moneys appropriated by Act of Parliament for the purpose, such remuneration or allowances or both as the Minister, after consultation with the Minister responsible for finance, may from time to time determine.10. Procedure of Board
11. Powers of Board in relation to applications
12. Witnesses may be examined on oath
13. Penalty for obstruction
Any person who obstructs or hinders any person authorized by the Board in his examination of a mining location or other area of ground shall be guilty of an offence and liable to a fine not level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment[subsection amended by section 4 of Act 22 of 2001]Part III – Register of Approved Prospectors
14. Register of Approved Prospectors
15. Application for registration as approved prospector
16. Expiry and renewal of registration
17. Cancellation or suspension of registration
18. Effect of expiry, cancellation or suspension of registration
19. Duplicate certificate of registration as an approved prospector
Part IV – Acquisition and registration of mining rights
20. Prospecting licenses
21. Appointment of approved prospector as representative of holder of prospecting licence
22. Duplicate prospecting licence
23. Duration of prospecting licence
A prospecting licence shall be valid until and inclusive of the second anniversary of the date of issue thereof.24. Holder of prospecting licence to be 18 or older
No person who is under the age of eighteen years shall hold any prospecting licence.25. Sale of prospecting licence forbidden
26. Land open to prospecting
Subject to the provisions and limitations contained in section thirty-one, the following land is open to prospecting—27. Rights of prospecting and pegging conferred by prospecting licence
28. Cancellation of certain rights to timber conferred by certain title deeds
Any condition in a title deed to any piece of land stating that all indigenous timber is reserved and may be cut free of charge by holders of mining locations or of prospecting licences shall be regarded as pro non scripto and every right possessed by any such holder by virtue of such a condition shall cease with effect from the 1st November, 1961.29. Surface rights of holder of prospecting licence
30. Meaning of “land under cultivation” and “permanent improvements”
For the purposes of section thirty-one—“land under cultivation” means—31. Ground not open to prospecting
32. Disputes between landowners and prospectors
If any dispute arises between the holder of a prospecting licence or a special grant to prospect or an exclusive prospecting order and a landowner or occupier of land as to whether land is open to prospecting or not, the matter shall be referred to the Administrative Court for decision.33. Registration of arable land
34. Roads and railways may be included in location under certain conditions
35. Reservations against prospecting and pegging
36. Reservation of timber on application by landowner
37. Reservation of timber on instruction of Minister
38. Notice of intention to prospect
39. Hours of pegging and posting notices
40. Manner in which notices to be posted
41. Prospecting notices
42. Discovery of minerals or precious stones
43. Pegging of precious metal, precious stones or base mineral blocks
44. Registration notices
45. Registration of blocks
46. Numbering of locations
The mining commissioner shall, on the original registration of every mining location, assign a registered number and name in his register.47. Pegging of sites
48. Registration of sites
49. Sites to be attached to location
50. Cancellation of certificate of registration
51. Beaconing of locations
52. Survey for excess areas
53. Excess areas lawfully pegged
If more than ten precious metal claims have been pegged under one prospecting licence or special authority issued before the 1st September, 1935, which entitled the holder of such licence or authority to peg more than ten precious metal claims as one mining location, and such claims have been registered under one certificate of registration, all claims so registered shall be held as one block for all purposes of this Act.54. Excess areas not lawfully pegged
55. Determination of number of claims in block
56. Re-adjustment of internal beacons of groups of base mineral locations
Notwithstanding sections fifty-two, fifty-four and fifty-five, the Secretary may authorize the holder of any group of contiguous base mineral mining locations, after a survey thereof has been made by a land or mine surveyor, to adjust the beacons of blocks within the outside boundaries of such group of mining locations, and thereupon fines in respect of excess claims shall only be payable on the excess claims existing after the adjustment of the internal beacons of the mining locations within the area:Provided that no additional ground outside the boundary of the area originally pegged shall be included in any adjustment of beacons, nor shall the total area originally pegged be reduced.57. Wilful overpegging
Nothing in sections fifty-two, fifty-three, fifty-four, fifty-five and fifty-six shall be deemed to relieve any person from liability under this Act to any penalty prescribed for the wilful pegging of a mining location of a larger size than he is entitled to or purports to peg.58. Impeachment of title, when barred
When a mining location or a secondary reef in a mining location has been registered for a period of two years it shall not be competent for any person to dispute the title in respect of such location or reef on the ground that the pegging of such location or reef was invalid or illegal or that provisions of this Act were not complied with prior to the issue of the certificate of registration.59. Lost certificates of registration
60. Address to be given to mining commissioner
61. Obligations of partnerships and companies
62. Cancellation of certificate of registration without abandonment
Part V – Prospecting and pegging on ground reserved against prospecting and pegging
63. Interpretation in Part V
In this Part—“order” means an order made under section seventy-one or seventy-two;“owner”, in relation to State land, means the Minister responsible for the administration of such land;“reserved ground” means land upon which a prospector is prohibited in terms of paragraphs (a) and (g) of subsection (1) of section thirty-one from exercising any of his rights under his prospecting licence without the consent in writing of the owner of the land, but does not include that portion of such land which lies within two hundred and twenty-five metres of the site of the principal homestead mentioned in subparagraph (i) of paragraph (a) of that subsection.64. Application for authority to prospect on reserved ground
65. Procedure on provisional approval
66. Grant or refusal of application
67. Board’s powers in regard to application for authority to prospect
68. Extension and amendment of authority granted under section 67
69. Board may authorize more extensive prospecting operations
70. Extension and amendment of authority granted under section 69
71. Holder of authority may apply for order
72. Grant or refusal of order by Administrative Court
73. Appeals
74. Persons to whom copies of order to be sent
The registrar of the Administrative Court shall by registered post send a copy of the order to the owner and the occupier, if any, of the reserved ground to which the order relates, to the person in whose favour it is made, to the mining commissioner and to the Board.75. Authority or order may not be ceded
The rights granted under an authority granted under this Part or an order shall be personal to the holder thereof who may not cede or assign any such rights to any other person:Provided that the rights granted under an order may be ceded or assigned with the permission in writing of the owner of the reserved ground or on the authority of the Administrative Court.76. Rights of holders of authorities and orders
77. Revocation of authority or order
78. Approval of transfer of mining location
79. Forfeiture of mining location
80. Compensation
Any owner or occupier of reserved ground who is injuriously affected by the exercise of any rights under an authority or order granted under this Part or by any mining operation on any mining location registered under such order shall be entitled to recover compensation from the person to whom the authority was granted or in whose favour the order was made or the holder of the mining location, as the case may be, in such amount as may be agreed upon or, failing such agreement, as shall be determined by the Administrative Court.81. Withdrawal of reservation
The Board shall, if it is satisfied that the reservation of any ground made under section thirty-five in consequence of a direction given under paragraph (a) of subsection (3) of section sixty-four or paragraph (a) of sub-section (1) of section sixty-five is no longer necessary, direct the mining commissioner to withdraw such reservation, and the mining commissioner shall comply with such direction.82. Compulsory acquisition of land by holder of an authority or order
83. Factors to be considered in fixing price
Where a Court grants an order under section eighty-two it shall, in determining the price to be paid or other consideration to be given for the land by the holder of the authority or order, as the case may be, make due allowance for—84. Relinquishment of rights under an authority or order
85. Board’s authority required for acquisition of mining title in certain circumstances
Part VI – Exclusive prospecting reservations
86. Interpretation in Part VI
In this Part—“concession holder” means a person in whose favour an order has been made;“order” means an exclusive prospecting order made in terms of this Part;“programme” means the programme of operations mentioned in section ninety-six;“reservation” means the area embraced by an order.87. Application for order
88. Hearing of application by Board
The Board shall, at a place and on a day fixed by it and notified to the applicant and to any person who has lodged written objection with the Board to the grant of the application, hear such evidence and arguments as those persons may wish to lay before it in regard to the grant or refusal of the application or any part thereof.89. Board’s recommendation in respect of application
90. President may approve or refuse order
91. Issue of order
92. Rights granted under order may not be ceded
93. Limitation of area of reservation
94. Duration of order
No order shall be granted for a period in excess of three years but an order may be extended by the Minister, on the recommendation of the Board, for a further period or periods not exceeding three years in all.95. Challenge of validity of order, when barred
96. Submission of programmes of work
97. Deposit by concession holder in respect of longer period
98. Powers of Board in regard to programmes
On receipt of a programme, the Board shall consider it and—99. Failure to submit programme
100. Report by concession holder on work carried out
101. Failure to complete programme
102. Failure to submit report
103. Rights of concession holders
104. Cutting and transporting of timber
105. Approved prospector to be in charge of all operations
106. Concession holder’s rights limited in certain cases
107. Rights of holder of existing location unaffected
108. Demarcation of reservation
A concession holder shall erect beacons or notices demarcating the boundaries of his reservation in such manner as the mining commissioner may direct and shall maintain such beacons or notices in good order and condition in their proper position.109. Performance of conditions of order
110. Increase of reservation
111. Inclusion of additional minerals in order
112. Abandonment of reservation
113. Disposal of deposits
The total of the amounts deposited under paragraph (a) of subsection (2) of section eighty-seven and subsection (1) of section ninety-seven, hereinafter referred to as the deposit, shall be disposed of by the Secretary in whichever of the following ways is applicable to the case—114. Compensation for interference with registered mining location
If a concession holder exercises on a registered base mineral block any prospecting rights conferred upon him by his order under subsection (5) of section ninety-three, he shall be liable to pay compensation to the holder of such location for any loss or damage caused thereby in such amount as may be agreed upon or, failing agreement, as shall be determined by arbitration.115. Concession holder may expropriate dormant location
If in the exercise of his rights under an order a concession holder discovers, in a registered base mineral block upon which he has been authorized to prospect under subsection (5) of section ninety-three, a mineral for which he may prospect under such order, other than the mineral for which such block is registered or a mineral which has, within the twelve months preceding the date of the lodging of the application for the order, been produced from the block and declared to the mining commissioner in terms of section two hundred and fifty-one he may, upon the authority of the President granted by him upon the recommendation of the Board, expropriate such base mineral block upon the payment of such compensation as may be agreed upon or, failing such agreement, as shall be determined by arbitration:Provided that in assessing such compensation no allowance shall be made for the actual or potential value of the mineral discovered by the concession holder.116. Plans and reports to be lodged by concession holder
117. Dangerous workings
Section two hundred and sixty-two shall, save in respect of shafts, open surface workings and excavations not made by him apply, mutatis mutandis to a concession holder in respect of his reservation and for this purpose the date of the expiration or revocation of the order shall be regarded as the date of the abandonment of the reservation.118. Withdrawal of reservation made by mining commissioner
Where the mining commissioner has reserved any ground against prospecting and pegging under section thirty-five in consequence of a direction given under subsection (3) of section eighty-seven, the Board shall upon the refusal of the application direct the mining commissioner to withdraw the reservation, and the mining commissioner shall, without obtaining the authority of the Minister, withdraw such reservation.119. Order granting relief from provisions of this Part in certain circumstances
Part VII – Pegging of underground extensions
120. Interpretation in Part VlI
In this Part—“authorized holder” means a holder in whose favour an order has been made;“holder”, in relation to an underground extension block, means the person in whose name such block is from time to time registered;“order” means an order issued under this Part authorizing a holder of a registered mining location to peg and register an underground extension;“owner”, in relation to State land, means the Minister responsible for the administration of such land;“reserved ground” means land upon which a prospector is prohibited in terms of paragraph (a), (c), (d), (e), (f) or (g) of subsection (1) of section thirty-one or subsection (1) of section thirty-five from exercising any of his rights under his prospecting licence;“underground extension block” means a block which has been pegged and registered under an order.121. Application for order
122. Procedure on provisional approval
123. Grant or refusal of application
124. Board to be satisfied on certain points
The Board shall not grant an order unless it is satisfied—125. Publication of order
126. Rights of applicant
An authorized holder shall, subject to the terms and conditions of the order and in terms of this Act, have the sole and exclusive right of pegging and registering an underground extension block or blocks on the reserved ground:Provided that such authorized holder need not post a prospecting notice or DP peg in terms of this Act.127. Order may not be ceded
The rights granted under an order shall be personal to the authorized holder who may not cede or assign any such rights to any other person.128. Approval of transfer of underground extension block
129. Forfeiture of underground extension block
130. Indicatory beacons
Notwithstanding anything to the contrary contained in this Act, the mining commissioner may authorize the authorized holder to demarcate his underground extension block by indicatory beacons posted off the reserved ground in accordance with regulations.131. Surface rights abrogated
The holder of an underground extension block may not exercise in respect of such block any of the surface rights mentioned in section one hundred and seventy-eight.132. Secondary reefs
133. Compensation
Any owner or occupier of reserved ground who is injuriously affected by any mining operations carried on any underground extension block shall be entitled to recover compensation from the holder of such block in such amount as may be agreed or, failing agreement, as shall be determined by the Administrative Court.134. Conversion of underground extension block
Part VIII – Mining leases
135. Application for mining lease
136. Reservation of ground by mining commissioner
137. Submission of application for provisional approval by Board
138. Notice of application to be published in Gazette
On receipt of the plan mentioned in section one hundred and thirty-seven the mining commissioner shall—139. Determination of objections
140. Transmission of objections to Administrative Court
141. Submission of application to Board
After the period for the lodging of objections has expired and all the objections mentioned in subsections (1) and (2) of section one hundred and thirty-nine have been determined, the mining commissioner shall submit the application to the Board, together with—142. Consideration of application by Board
143. Notice to applicant of Board’s decision
144. Submission of amended survey plan
145. Issue of mining lease
146. Registers of mining leases
147. Withdrawal of reservation
Where the mining commissioner has reserved ground under section one hundred and thirty-six and—148. Second or subsequent applications
Where an application has been refused under section one hundred and thirty-seven or one hundred and forty-three or has been withdrawn under section one hundred and thirty-seven or one hundred and forty-three or is deemed to have been withdrawn under section one hundred and thirty-seven or one hundred and forty-four the person who made the application may not make a second or subsequent application for a mining lease in respect of the same area until a period of twelve months has elapsed from the date of the refusal or withdrawal or the date on which the application is deemed to have been withdrawn, as the case may be.149. Approval of transfer of mining lease
150. Mining rights of holder of mining lease
151. Beaconing of mining lease area
152. Cancellation of certificates of registration
Upon the issue of a mining lease the certificates of registration in respect of all mining locations situated within the area covered by such lease shall be deemed to have been cancelled:Provided that any site attached to any such mining location shall be deemed to be attached to such lease, and thereafter section forty-nine shall apply, mutatis mutandis to or in respect of such sites.153. No impeachment of title to mining leases
When a mining lease has been issued it shall not be competent for any person to dispute the title of the lease holder to any of the ground covered by the lease on the following grounds—154. Increase of area of mining lease
155. Abandonment of portion of mining lease
156. Total abandonment of mining lease
157. Failure to comply with terms and conditions of mining lease
Part IX – Special mining leases
158. Interpretation in Part IX
In this Part—“application” means an application for a special mining lease made in terms of section one hundred and fifty-nine;“mining development plan” means a plan referred to in paragraph (e) of subsection (3) of section one hundred and fifty-nine.159. Application for special mining lease
160. Applications of certain provisions of Part VIII to special mining leases
161. Recommendation that application be granted in part
162. Forwarding of application to Minister and President
163. Issue of special mining lease
164. Terms and conditions of special mining lease
165. Application of further provisions of Part VIII to special mining leases
Subject to this Part, sections one hundred and forty-six to one hundred and fifty-three and one hundred and fifty-five to one hundred and fifty-seven shall apply, mutatis mutandis, to special mining leases.166. Issue of mining lease instead of special mining lease
If an application for a special mining lease has been refused in terms of this Part but the Board is satisfied that the applicant meets the requirements for the issue of a mining lease under Part VIII, the Board may, with the applicant’s consent, issue him with a mining lease under section one hundred and forty-five.167. Agreement reissue of special mining lease
The Minister, with the approval of the President, may enter into an agreement, not inconsistent with this Act, with any person regarding—168. Application of other provisions of this Act relating to mining leases
Subject to this Part, provisions of this Act relating to mining leases and the rights and obligations of the holders thereof shall apply, mutatis mutandis, in relation to any special mining lease and its lease holder, except to the extent that those provisions are inconsistent with this Part.Part X – Rights of claim holders and landowners
169. Precious metal reef claims; mining rights within vertical limits
Every holder of a registered block of precious metal reef claims shall possess the following mining rights—170. Pegging of secondary reef
171. Precious metal reef claims: extra-lateral mining right
172. Mining rights: other than precious metal claims
Subject to any prior right possessed by the holder of any mining location under section one hundred and seventy-one and this Act, every holder of a registered block of claims other than precious metal reef claims shall possess the following mining rights—173. Conversion of blocks
174. Provisions concerning conversion of blocks
175. Amendment of registration certificates of base mineral blocks
176. Sites: mining rights
The holder of a registered site shall in respect of any minerals which may exist within the vertical limits of his site, mutatis mutandis possess, but only within such limits, the same rights as are possessed by the holder of a registered block of claims in respect of minerals within the vertical limits of his block, but such rights shall be inseparably connected with and shall not be alienated in any way from such site.177. Priority of mining rights
178. Surface rights of miners
179. Saving of rights of landowner over mining location
Subject to subsection (12) of section one hundred and eighty, the owner or the occupier of land on which a registered mining location is situated shall retain the right to graze stock upon or cultivate the surface of such location in so far as such grazing or cultivation does not interfere with the proper working of the location for mining purposes.180. Approval of scheme to cultivate surface of mining location
181. Termination of scheme by miner
182. Termination of scheme by consent
183. Board may cancel scheme
184. Resumption of rights by miner
On the expiry of the period of an approved cultivation scheme or on the termination of a scheme under section one hundred and eighty-two or the cancellation of a scheme under section one hundred and eighty-three, the miner or, if there is no miner, the holder of the registered mining location concerned may exercise his full rights in respect of the registered mining location or part thereof, as the case may be, without payment to any person for or in respect of anything done in the exercise of any rights under the scheme.185. Termination of scheme on forfeiture or abandonment of location
186. Scheme to bind successors in title
Unless an approved cultivation scheme is terminated or deemed to have been terminated or is cancelled before the expiry of the period thereof, the scheme and sections one hundred and eighty to one hundred and eighty-five shall for the period of the scheme apply to or in respect of and be binding on—187. Inspection certificates and payments to landowners during period of agreement
During the currency of an approved cultivation scheme—188. Payments to landowners
189. Miner to fence mining location adjacent to pasture land
190. Trading on mining locations
191. Agreement as to use of private water
The use of any private water on private land may be acquired by a miner requiring the use thereof for mining purposes upon such terms and conditions as may be mutually agreed upon between such miner and the owner of the private water.192. Registration of agreement
Any agreement between a landowner and a miner as to the use of private water may be reduced to writing and registered at the office of the mining commissioner.193. Right of miner to private water on State land
Private water may be taken free of charge by a miner from any source of supply existing upon State land which is both unalienated and unoccupied, under such conditions as may in each case be fixed by the President.194. Public water
The right of any miner to the use of any public water for purposes other than primary purposes shall be regulated by the Water Act [Chapter 20:22].195. Subterranean water and storm-water
196. Owner or occupier of land may appoint agent
Part XI – Preservation of mining rights
197. First inspection certificates
198. Second inspection certificates
199. Subsequent inspection certificates, etc.
200. Particulars to accompany application for inspection certificate
Every application for an inspection certificate, except as otherwise provided in this Act, shall be accompanied by a certificate by the applicant declaring the nature and extent of the work which has been executed and that none of such work has previously been used for the purpose of obtaining an inspection certificate or a certificate of extra work, and by the prescribed fee.201. Mining commissioner may order inspection of development work
202. Issue of inspection certificate
On receipt of the certificate mentioned in section two hundred and the prescribed fee, the mining commissioner shall issue to the applicant an inspection certificate:Provided that the mining commissioner may refuse to issue such certificate if he is not satisfied that any work declared has been executed bona fide for the purposes of developing minerals or locating the reef in the block or mining lease concerned.203. Work defined
For the purposes of this Part—“work” includes—204. Period within which work to be executed
The work required to be executed for obtaining an inspection certificate shall—205. Amount of work required to obtain inspection certificates for blocks pegged under ordinary prospecting licences
206. Inspection by survey
The holder of a registered block of reef or placer deposit claims who lodges with the mining commissioner a survey plan of his block completed by a land surveyor may apply for and obtain one inspection certificate for such block on payment of the prescribed fee for each such certificate.207. When development work not required for precious metal claims
208. Development work defined
209. Cleaning out, restoration and other work may be used under certain conditions
210. Conditions for inspection by production
211. Conditions for inspection by capital expenditure
212. Inspection certificates for base mineral blocks obtainable by payment
213. Extra work certificates
214. Availability of extra work certificates
215. Work executed by option holders or tributors
If work has been executed by any person on a block registered in the name of another but over which such person has an option or a tribute which has been approved in terms of Part XVIII, such work, after providing for the inspection certificate next due for such block, shall be apportioned in accordance with the terms of a written agreement entered into for that purpose between the holder of the block and the holder of the option or the tributor, as the case may be:Provided that—216. Filing of extra work certificates
The mining commissioner to whom any certificate of extra work is presented for the purpose of obtaining an inspection certificate shall retain and file such certificate of extra work.217. Protection certificates for blocks
218. Precious stones blocks to be worked continuously
219. Alluvial, eluvial, rubble deposit and dump precious metal claims to be worked continuously
220. Unutilized dumps
221. Amount of work required and fees payable to obtain inspection certificates for mining leases
221A. Notification if lessee of mining lease fails to obtain inspection certificate
If the lessee of a mining lease fails to obtain an inspection certificate within the period specified in this Part for the obtaining of the certificate, the mining commissioner shall without delay.221B. Retention licences
221C. Appeals under Part Xl
Part XII – Working of alluvial, eluvial and certain other deposits
222. Control of working of alluvial or eluvial deposits of designated minerals
223. Application for order controlling working of such deposits
224. Application for order in respect of certain other deposits or reefs
225. Board may make order
226. Board may amend order
227. Appeal to Administrative Court
An appeal against any decision of the Board under section two hundred and twenty-five or two hundred and twenty-six shall lie to the Administrative Court at the instance of the applicant or any of the other interested parties referred to in the said section.228. Order binding on all miners
229. Enforcement of this Part
230. Cancellation of rights under order
231. Evidence of order
The production of a copy of any order made under this Part which purports to be certified as correct by the secretary of the Board shall be sufficient evidence of the making of the order and of its contents.232. Special payments to landowners
Part XIII – Control of sitting of works on mining locations
233. Interpretation in Part XIII
In this Part, any reference to the owner or occupier of land shall be construed, in relation to—234. Approved plan required prior to erection of certain works
235. Particulars to be shown on plan
Such plan shall, in addition to the particulars mentioned in paragraph (a) of subsection (2) of section two hundred and thirty-four, indicate the position of the workings of such location, the position of any works erected or constructed under section two hundred and thirty-nine and the position of any rivers, hills and other natural features, and shall be prepared in such a manner as to indicate as clearly as possible the position of the proposed site and to conform to the requirements of the mining commissioner as to manner of preparation.236. Procedure on receipt of plan
On receipt of the plan referred to in section two hundred and thirty-four, the mining commissioner shall forthwith—237. Approval of plan
238. Amendment of plan
At any time after a plan has been approved under section two hundred and thirty-seven, the miner of the mining location to which the plan relates, or the owner or occupier of the land concerned, may apply to the mining commissioner for an amendment of the plan, and this Part shall apply, mutatis mutandis, in respect thereof as if such application were a plan submitted to the mining commissioner under section two hundred and thirty-four.239. When works may be erected or constructed without approved plan
240. Mining commissioner may order removal of unauthorized works
241. Re-siting of existing roads
242. Approved plan to be binding on successors in title
A plan approved under section two hundred and thirty-seven shall, subject to section two hundred and thirty-eight, be binding upon any holder or miner of the mining location concerned and upon any owner or occupier of the land.Part XIV – Royalty
243. Application of Part XIV
This Part shall apply to the holder of a special mining lease only to the extent that the terms and conditions of his special mining lease or of any agreement entered into with him in terms of section one hundred and sixty-seven are consistent with this Part.244. Royalty
245. Fixing of royalty
246. Meaning of “property”
247. Beneficiation plant
248. Dump may be unit for royalty purposes
Notwithstanding anything to the contrary contained in section two hundred and forty-six, a dump shall be deemed to be a separate property if—249. Exemption of royalty when ore extracted for experimental purposes
If any miner desires to extract or treat ore from his location for experimental or similar purposes, he may apply to the Secretary for permission to treat or deal with the mineral or mineral-bearing product obtained from his location for a limited period or up to a limited amount, and the Secretary may permit such treatment or dealing without payment of royalty under such terms and conditions as may by him be deemed expedient.250. Acquisition or removal of ore, etc., to be declared
If any person acquires or removes from the mining location from which it was derived any ore, tailings, slimes, concentrates, residues or other mineral-bearing product he shall immediately—251. Monthly returns and payment of royalty
252. Inspection of books and records, etc.
The Commissioner-General of the Zimbabwe Revenue Authority or any person duly authorized by him shall at all reasonable times have access for the purpose of inspection to all books and records, reports and other documents relating to the acquisition, disposal or removal of any mineral or mineral-bearing product as may be necessary for the purpose of ascertaining or verifying any return, details, solemn declaration, certificate or document rendered under this Part.[section amended by Act 10 of 2009]253. Prohibition of disposal of minerals when royalty or returns, etc., have not been lodged
254. Remission of royalty
Part XV – Payments to local authorities
255. Miners to make certain payments to local authorities
256. Certain dumps to constitute separate mining locations
For the purposes of section two hundred and fifty-five, a dump shall be deemed to be a separate mining location if—257. Remission or exemption from liability to make payments
Part XVI – Abandonment and forfeiture
258. Abandonment of unregistered locations
259. Abandonment of registered blocks or sites
260. Forfeiture for failure to obtain inspection certificate for block
Failure to obtain an inspection certificate within the period prescribed therefor shall, unless a protection certificate has been obtained under section two hundred and seventeen in respect of such block, render liable to forfeiture the block in respect of which such failure has taken place.261. Forfeiture of alluvial, eluvial, rubble deposit or dump precious metal claims
If the holder of a block of precious metal claims which are registered as alluvial, eluvial, rubble deposit or dump claims fails to work his claims continuously, the block shall be liable to forfeiture unless—262. Forfeiture of precious stones blocks
If the holder of a block of precious stones claims fails to work his claims continuously, the block shall be liable to forfeiture unless—263. Forfeiture of mining leases
264. Forfeiture of sites
If at any time the monthly rent of any registered mining site has remained due and unpaid for a period of three months or more, such site shall be liable to forfeiture:Provided that in the case of a site attached to a mining lease, the mining commissioner shall by registered post notify the lease holder that payment of the site rent is so in arrear and if such rent is not paid within thirty days of the posting of such notification, the mining commissioner may declare the site to be forfeited.265. Forfeiture of mining locations
266. Locations belonging to estate of deceased persons: special conditions as to forfeiture
267. Removal of buildings and machinery from abandoned, forfeited or cancelled location
Subject to section three hundred and sixty-six, the former holder of any mining location which has been abandoned, forfeited or cancelled may, within a period of three months from the date of such abandonment, forfeiture or cancellation, remove any buildings or machinery belonging to him:Provided that—268. Removal of beacons from abandoned or forfeited locations
Whenever any mining location or part of such location has been abandoned, or whenever any mining location has been duly forfeited according to law, and the holder has not removed all pegs and beacons appertaining to such location or the part abandoned, it shall be lawful for any mining commissioner, claim inspector or other person duly authorized thereto by the mining commissioner at any time after the date of such abandonment or forfeiture, to remove and destroy all the beacons, pegs and boundary marks of such location, or of so much as has been abandoned:Provided that no such removal or destruction may be carried out until a quittance certificate has been issued in terms of section two hundred and sixty-nine in respect of such mining location or part thereof.269. Open workings to be protected on abandonment, forfeiture or cancellation of location
270. Removal of or interference with protective works prohibited
271. Mining commissioner may declare location to be forfeited
272. Relocation of abandoned, forfeited or cancelled locations and reinstatement of forfeited locations
273. Mine plans to be lodged on abandonment or closing down
Part XVII – Registration of transfers, hypothecations, options, tribute agreements and conditions governing mining rights on reserved ground
274. Interpretation in Part XVII
In this Part—“mining location” does not include an exclusive prospecting reservation, a special grant or a special grant issued under Part XX.275. Registration of transfer of mining locations and transfer duty payable
276. Registration of hypothecation of mining location
277. Hypothecation in respect of loans granted by State
278. Registration of options on mining locations
279. Registration of hypothecation or option is bar to transfer
280. Registration of tribute agreements
281. Registration of conditions governing mining rights on reserved ground
282. No tribute, sale or alienation of precious stones location without approval of Minister
Part XVIII – Approval of tribute agreements
283. Interpretation in Part XVIII
In this Part—“grantor” means any person who has under a tribute agreement given a tributor the right to mine a mining location;“mining location” does not include a special grant or a special grant issued under Part XX;“tribute agreement” means any agreement or arrangement entered into after the 1st July, 1947, whereunder any person has given a tribute, licence, concession, authority or other right to mine a mining location to a tributor; and includes any such agreement or arrangement which was entered into before the 1st July, 1947, and which is renewed after such date, and any agreement to alter the terms of a tribute agreement which has been approved by the Board and any renewal of a tribute agreement which has been approved by the Board;“tributor” means the person who has been granted the right to mine a mining location under a tribute agreement.284. Submission of tribute agreements for approval
The terms of every tribute agreement shall be reduced to writing and such agreement, together with the prescribed number of copies thereof, shall be submitted to the mining commissioner for examination and approval by the Board or the mining commissioner.285. Approval of tribute agreements by mining commissioner
286. Approval of tribute agreements by Board
If upon examination of any tribute agreement which has been submitted to it by a mining commissioner the Board is satisfied—287. Refusal of approval of or amendment of tribute agreements
288. Records of agreements
289. Penalty for acting under unapproved agreement
290. Prohibition of disposal of minerals
Part XIX – Special grants
291. Issue of special grants
292. Register of special grants
The Secretary shall maintain a register of special grants issued under section two hundred and ninety-one in which there shall be recorded the official number assigned to each grant and the particulars thereof.293. Fee for special grant
The person to whom a special grant is issued shall pay the prescribed fee in respect of the issue of a special grant or any renewal thereof.294. Application of other provisions of this Act to special grants
295. Beaconing of special grant
The holder of a special grant shall beacon such grant in such manner as the mining commissioner may direct and shall maintain the beacons in good order and condition in their proper position.296. Conversion of special grant to registered block
Part XX – Special grants for coal, mineral oil and natural gases
297. Interpretation in Part XX
In this Part—“grantee” means any person to whom a special grant has been issued, ceded or assigned under this Part;“special grant” means a special grant issued under this Part.298. Rights to mine coal, mineral oils or natural gases may only be acquired under special grant
Subject to section three hundred and seven, no rights to mine coal, mineral oils or natural gases or nuclear energy source material may be acquired except under and in accordance with a special grant issued under this Part.299. Application for special grant
Any person who wishes to mine coal, mineral oils or natural gases or nuclear energy source material may apply to the Board for a special grant, and on such application shall furnish to the Board—300. Consideration and report by Board on application for special grant
301. President may grant or refuse application for special grant
302. Rights under special grant personal to the grantee
The rights granted under a special grant shall be personal to the grantee, who may not cede or assign any such rights to any other person unless authorized to do so by the President.303. Rate of royalty and annual fee
304. Amendment of area covered by special grant
The President may, on application by a grantee, extend or reduce the area covered by his special grant or may alter the boundaries thereof.305. Cancellation of special grant
306. Application of certain sections
307. This Part not to apply to certain blocks registered under Part XII of Cap. 195 of 1939
This Part shall not apply to the holder of a block of coal, mineral oil or natural gas claims which was registered under Part XII of the Mines and Minerals Act [Chapter 195 of 1939].Part XXI – Mining on town lands
308. Application of this Act to town lands
309. Local authorities may make by-laws on certain matters
The local authority having control over any town lands shall have full power and authority to make and enforce regulations and by-laws for proper and efficient sanitary arrangements, for the enclosing of all pits, excavations and dangerous surface works and for the protection of the neighbourhood within which prospecting and mining are being carried on, and shall for the above purposes have the right to enter upon and inspect all such works existing or proceeding on such lands:Provided that no such regulation or by-law shall be of any force or effect until approved by the Minister and duly published in statutory instrument.310. Consent required for pegging of sites on town lands
No holder of a registered mining location shall be entitled to peg or acquire any site on any town lands under section forty-seven unless and until he has obtained the consent in writing of the local authority concerned or, failing the consent of such local authority, the consent of the President.311. Limitation of timber rights
No holder of a prospecting licence or of a mining location situated on town lands shall have the right of cutting indigenous wood or timber upon such lands without the consent of the mining commissioner, who shall only give his consent when such wood or timber interferes with prospecting or mining operations or the erection of buildings required for such operations.312. Disposal of subterranean water
Part XXII – Acquisition of land by holders of mining leases or by state
313. Interpretation in Part XXII
314. Compulsory purchase or sale of private land covered by mining lease
315. Right of holder of mining lease to purchase State land
316. Compulsory purchase of land not covered by mining lease
317. Compulsory purchase of land covered by mining locations
318. Cost of survey to be borne by holder of mining location
Where any land is purchased by the holder of a mining location under the provisions of this Part, the cost of the survey of such land for the purpose of obtaining title thereto shall be borne by such holder.Part XXIII – Exprorpriation of mining locations not being worked or developed
319. Interpretation in Part XXIII
In this Part—“expropriated location” means a mining location which has been transferred to the Minister in terms of this Part and is registered in his name;“order” means an order of expropriation made under this Part.320. Report that mining location not being adequately worked
321. Board shall investigate why mining location is not being adequately developed or worked
Upon the receipt of a report in terms of section three hundred and twenty, the Board shall inquire into the history of the mining location and investigate the mining activities that have been or are being conducted on such mining location with a view to discovering whether such location is being adequately developed or worked.322. Board may call upon holder to show cause why his mining location should not be expropriated
If after investigation the Board is of opinion that the mining location is not being developed or worked at all or is not being adequately developed or worked, it shall call upon the registered holder of such location to show cause why such location should not be expropriated.323. Recommendation for order of expropriation
After considering the representations made by the registered holder under section three hundred and twenty-two, the Board may recommend to the President that an order expropriating the mining location be made by him unless it is satisfied as to any one of the following matters—324. Order of expropriation
325. Transfer of expropriated location
326. Part XI not to apply to expropriated location in certain respects
The provisions of Part XI in regard to the obtaining of inspection certificates shall not apply to an expropriated location.327. Sale of expropriated location
328. Disposal of expropriated location without consideration
The Minister may, on the recommendation of the Board, transfer any expropriated location to any person for no valuable consideration.329. Disposal of purchase price
The purchase price of any expropriated location shall be paid by the Board to the holder from whom such location was expropriated less any costs incurred by the Board in connection with such location and its sale.330. Forfeiture of expropriated location
If an expropriated location has not been sold or transferred within twelve months of the date when it was transferred to the Minister, the Board shall, in the case of a mining lease, cancel such lease, or otherwise the mining commissioner shall declare such expropriated location to be forfeited, whether or not it is currently protected from forfeiture by an inspection or protection certificate issued in terms of Part XI:Provided that if the Board is of the opinion that no economic deposit of any mineral has been found or is likely to be found thereon, such location may be so cancelled or forfeited after the expiration of such shorter period as the Board may fix.331. Part XI applies to expropriated location on transfer from Minister
An expropriated location which has been transferred to any person shall be subject to Part XI in regard to the obtaining of inspection certificates, and for such purpose the date of registration by the mining commissioner of the transfer shall be deemed to be the date of the registration of the block or the date of the issue of the mining lease, as the case may be.332. Refund of deposit
The deposit mentioned in section three hundred and twenty shall, after the Board has considered the matter under section three hundred and twenty-three, be refunded to the person who made the deposit:Provided that if the Board is of the opinion that the report made under section three hundred and twenty is frivolous or vexatious it may direct that such deposit be forfeited and be paid by the mining commissioner into the Consolidated Revenue Fund.333. Applicability of this Part
Nothing in this Act contained shall be construed so as to preclude the expropriation under this Part of a mining location, the last issued inspection certificate for which was obtained by payment under section two hundred and twelve.Part XXIV – Termination of entitlement to share in royalties
334. Interpretation in Part XXIV
In this Part—“beneficiary” means the beneficiary under an entitlement;“entitlement” means a right, by virtue of a condition in the title deeds to any land, to any share in the royalties due on minerals, mineral oils or natural gases won from such land or to any share in any other revenues whatsoever which may accrue by reason of the ownership of the said land from the exercise in relation to such land of mining or kindred rights under the law relating to mines and minerals;“judge” means the Chief Justice or any other judge of the High Court whom the Chief Justice may appoint to decide any question of compensation referred to a judge by the President in terms of this Part.335. President may terminate entitlement
Subject to this Part, the President may at any time declare any entitlement to be absolutely terminated.336. President may refer question of compensation to judge
337. Procedure and powers of judge
Subject to this Part, the procedure to be followed in any proceedings for the determination of compensation in terms of this Part shall be as determined by the judge, who shall have and may exercise, mutatis mutandis, any of the powers conferred in terms of the Arbitration Act [Chapter 7:02] or the Schedule thereto on—338. No costs to be awarded
Save as provided in section three hundred and thirty-nine, neither party to any proceedings in terms of this Part shall be liable to pay the costs of the other party and the judge shall not make any order as to costs.339. Powers of President on determination of compensation
340. Effect of declaration in terms of this Part
Part XXV – Administration of Act
341. Administration of Ministry
342. Declaration of mining districts
The Minister may, from time to time, by statutory instrument, declare any area within Zimbabwe to be a mining district, and may, by like notice, alter the boundaries of or abolish any such district.343. Appointment of officers
For the purposes of this Act, there shall be—344. Mining commissioner’s powers to take oaths
345. Jurisdiction of High Court and mining commissioners
346. Judicial powers of mining commissioners
347. Summons and commencement of proceedings before mining commissioner
348. Summary hearing of complaints
Notwithstanding requirements of sections three hundred and forty-five and three hundred and forty-six, the mining commissioner may, if the parties concerned consent thereto in writing and are both present at the hearing, hear and determine any such complaint as above mentioned, summarily, and without any formal proceedings taken before him.A minute of the decision shall be made by him in a register of complaints in which shall be entered every complaint laid before him, together with particulars thereof.349. Mining commissioner may amend summons
No complaint shall be dismissed by any mining commissioner for informality, either in the summons itself or in the entry thereof, nor shall any objection to any such summons or complaint be taken or allowed for any alleged defect or misnomer or inaccurate description of any person or place or on the ground that the complainant appears at the hearing of the summons to be entitled to different relief from that sought therein, or for any variance between such summons and the evidence adduced on the part of the complainant, but such summons may be amended by the mining commissioner so that the real question in controversy between the parties plainly appears and the court shall proceed to adjudicate according to the rights of the parties:Provided that if it appears to the mining commissioner, upon the hearing of the case, that the defendant has been deceived, misled or prejudiced, by reason of any such amendment having been made, such mining commissioner may, on such terms as to costs or otherwise as he thinks fit, adjourn the further hearing of the case to another day.350. Mining commissioner to keep register of his decisions
351. Writs of execution
352. Mining commissioner may direct surveys for purposes of trial of case
If before or during the hearing of any complaint it appears to the mining commissioner that it will be necessary for a survey to be made of any land or mining location in dispute, such mining commissioner may order either party to cause such survey and a plan thereof to be made, and the costs thereof shall be in the discretion of the mining commissioner.353. Mining commissioner’s powers when encroachment alleged
354. Mining commissioner may grant injunctions
355. How mining commissioner’s orders to be served
Every order made by a mining commissioner under section three hundred and fifty-four shall, unless the mining commissioner otherwise orders, be served by delivering a copy to the person to be bound thereby, and at the same time showing the original order if such person requires to see the same, and every such order shall be entered by the mining commissioner, who made it, in the register to be kept by him as aforesaid:Provided that if the mining commissioner sees fit so to direct, it shall be sufficient service of any such order to publish a copy thereof in such newspaper, and to affix a copy thereof in such conspicuous place at or near the property in dispute, if any, as the mining commissioner appoints.356. When mining commissioner may permit working of locations under injunctions
When any injunction has been granted by a mining commissioner under this Act, such mining commissioner may, upon application of any holder or holders of any registered mining location adjacent to the mining location under such injunction, who shows to the satisfaction of such mining commissioner that the location of such holder or holders will sustain damage, or be materially depreciated in value, by reason of the non-working of the mining location under injunction, order, upon such terms and conditions as he thinks fit, such working of the mining location as in his opinion will be sufficient to prevent such damage or depreciation and the mining commissioner shall make such order as to the cost of such working as he thinks just.357. Mining commissioner may authorize certain works
358. How acts ordered by mining commissioner to be performed
Whenever a mining commissioner’s court or mining commissioner is empowered or required by this Act to cause any act to be performed, and the mode of performing such act is not otherwise expressly provided for, any person verbally authorized by the mining commissioner, and in his presence, or any police officer authorized in writing by the mining commissioner, may perform such act, and all police officers shall, if so required, aid and assist any mining commissioner or person authorized as aforesaid in the performance of his duty under this Act.359. Penalty for contempt of mining commissioner’s court
360. Magistrates court procedure to be observed in mining commissioner’s court
Save as otherwise provided in this Act, the procedure to be observed by a mining commissioner’s court and the fees chargeable in respect of any proceedings therein shall, so far as practicable, be in accordance with the law and rules governing procedure and fees in civil cases in magistrates courts.361. Appeal from mining commissioner’s court to High Court
Any party who is aggrieved by any decision of a mining commissioner’s court under this Act may appeal against such decision to the High Court, and that court may make such order as it deems fit on such appeal.[section as amended by section. 10 of Act No. 9 of 1997]362. Magistrates may hear and decide matters in certain circumstances
If in any matter between a miner and a farmer, which would otherwise come before the mining commisssioner under this Part, the farmer states to the mining commissioner in writing that he wishes the matter decided by the provincial magistrate instead of by the mining commissioner, then the matter shall be heard and decided by the provincial magistrate who for that purpose shall have all the powers conferred by this Part upon the mining commissioner.363. Claim holders must point out boundaries of their locations
364. Disabilities of officials
365. Prohibition of use of patented metallurgical process, etc.
366. Mining commissioner may sue for and have hypothec for amounts due
367. Indemnity of officials
No action for injury or wrong shall lie in any court against any mining commissioner or other official for any act done in good faith by him in the exercise of the functions by this Act vested in him.Part XXVI – Offences and penalties
368. Prospecting prohibited save in certain circumstances
369. Production of authority to prospect
370. Protection of open workings by prospectors
371. Duties of absentee prospector
372. Illegal pegging
373. Illegal cutting of wood
374. Interference with fences
375. Beacons and pegs to be maintained in good order
376. Position of beacons and pegs may not be altered
377. Mining permitted under certain objects on certain conditions
378. Salting
379. Theft of ore
Any person who breaks, severs or removes any mineral from any mining location, reef or deposit, or who takes, removes or conceals any mineral, slags, slimes, amalgam, residues, tailings or concentrates, the product of any mining location, reef or deposit, with intent to deprive the lawful owner or holder thereof, shall be guilty of theft and liable to be prosecuted and punished accordingly.380. Fraudulent acts
Any person engaged in the business of milling, leaching, sampling, concentrating, reducing, assaying, transporting or dealing in ores, metals or minerals, who keeps or uses any false or fraudulent scales or weights for weighing such ores, metals or minerals, or who keeps or uses any false or fraudulent assay scales or weights, or enriched fluxes used for ascertaining the assay value of minerals, knowing them to be false or fraudulent, shall be guilty of fraud and liable to be prosecuted and punished accordingly.381. Eviction of squatters
382. Returns to be furnished
383. False declarations and certificates
384. Dams or reservoirs to be left intact
385. Plans and returns of mines to be confidential
386. Mining commissioner’s powers of entry upon locations
387. Geological survey
388. Obstruction of officials
389. Payment of fine without appearing in court
390. Penalty for mining secondary reef prior to pegging and registration
Any person who mines any secondary reef before it has been pegged and registered in the manner set out in section one hundred and twenty-nine shall be guilty of an offence and liable to a fine not exceeding level nine.[subsection amended by section 4 of Act 22 of 2001]391. Discovery of precious stones to be notified
392. ***
[section repealed by section 4 of Act 22 of 2001]393. Application of Cap. 20:10
Wherever it is provided in this Act that any matter relating to the payment of compensation shall be referred to or determined by the Administrative Court—Part XXVII – Miscellaneous
394. Submission of geological information
395. Site rent
The holder of a registered mining site shall in respect of such site pay annually in advance to the mining commissioner rent calculated at the prescribed rate.396. Cash reward for new discovery of certain minerals
397. Land surveyors to be subject to Cap. 20:12
Any land surveyor who carries out any surface survey under this Act shall have the same duties and be subject to the same liabilities as if he were carrying out a survey in terms of the Land Survey Act [Chapter 20:12].398. Acquisition by President of location for public purposes
399. Cancellation of mining rights
400. Cancellation of mining rights in certain circumstances
401. Minister may order holder of mining location to transfer it
402. Training institutions
403. Regulations
404. Savings of powers of Administrative Court
405. Mining of limestone for agricultural operations
406. District advisory boards
407. Saving of existing rights
History of this document
31 December 2016 this version
Consolidation
01 November 1961
Commenced