What you need to know about mining laws of Zim Part 2

Introduction

In last week’s episode we dealt with the process provided for by the Mines and Minerals Act (Chapter 21:05) that is followed when one intends to be registered as a prospector.

In this week’s episode the focus is on the expiry or renewal of registration as a prospector, cancellation or suspension and the provision of a duplication certificate.

Expiry or renewal of registration

This is provided for in Section 16 (1) of the Act and the tenure period is five years.

The registration can be extended for a further period of five years after which no such renewal shall be granted/allowed.

Application for renewal shall be done not later than two months before the expiry of the registration.

The required information and application procedures are wholly provided for in terms of Section 16 of the Act.

Cancellation or suspension of registration

Cancellation or suspension of registration as a prospector is done by the Secretary on the direction of the Minister.

Reasons for cancellation or suspension provided by the Act are a conviction in a competent court of law and conducting oneself in a manner, which in the opinion of the Minister renders it necessary to suspend or cancel his/her registration as an approved prospector.

This is a wide discretionary ground. However, effecting cancellation or suspension, an approved prospector is given an opportunity to make written representations demonstrating why it is not proper for the authorities to cancel or suspend his/her registration.

When one’s registration is cancelled for reasons of being a convict and demonstration of unacceptable conduct in the opinion of the Minister, he/she may not make a new application at least for a period of five years or any lesser period as may be prescribed by the Minister.

When one’s registration expires or is suspended, the approved prospector is obliged by the Act to surrender his/her certificate to the Secretary forthwith and cease operating as an approved prospector.

In the case of a suspension, the approved prospector will have his/her certificate returned upon the expiry of the suspension period.

Provision of a duplication certificate

If one loses his/her certificate he/she may make an application to the Commissioner upon payment of a prescribed fee.

The application is done through a sworn statement indicating that the certificate was lost or destroyed and more importantly, the certificate number is to be furnished to the Commissioner.

Conclusion

The mining space is highly regulated but with the reading of the Act and its understanding, it becomes an easy hunting ground.

It is also important to familiarize oneself with the provisions of the Act for the violations of the Act call for administrative and judicial sanctions, which might cost one a career.

Fungai Chimwamurombe is a registered legal practitioner and Senior Partner at Chimwamurombe Legal Practice and can be contacted for feedback at fungai@zenaslegalpractice.com and WhatsApp 0772 997 889. 

Tapiwa Muhlwa is a Senior Associate, email: tapiwa@ zenaslegalpractice.com