Challenges of a Modern Challenges of a Modern Mining Cadastre System Mining Cadastre System

in Zambiain ZambiaPresentation to the public on the importance of a modern Presentation to the public on the importance of a modern mining cadastre system in Zambia and the need to mining cadastre system in Zambia and the need to temporarily close the receipt of new application for mining temporarily close the receipt of new application for mining rights for the period 1rights for the period 1stst July to 31 July to 31stst December 2007 December 2007

Provincial tours by officials from the Provincial tours by officials from the MinistryMinistry

1515th-th-3030thth June 2007 June 2007

Mining Cadastre Mining Cadastre System ?System ?

Administration of Mining Laws and Administration of Mining Laws and Regulations with respect toRegulations with respect to::

1.1. Handling legal and technical aspects of LandHandling legal and technical aspects of Landa)a) Requesting Requesting b)b) Administration/ Processing Administration/ Processing c)c) Granting and Granting and d)d) Termination of the Mining RightsTermination of the Mining Rights e)e) Delineation /demarcationDelineation /demarcation

22.. Basic rules for a Modern Mining Cadastre Basic rules for a Modern Mining Cadastre SystemSystem (MMCS)(MMCS)

a)a) First come first served principleFirst come first served principleb)b) Security and legal protection of investments - transparencySecurity and legal protection of investments - transparencyc)c) Transferable Mineral rights Transferable Mineral rights d)d) Timely payment of mineral rights feesTimely payment of mineral rights feese)e) Licence areas measured in cadastre unitsLicence areas measured in cadastre unitsf)f) Unrestricted information flowUnrestricted information flow

Mining Cadastre Mining Cadastre System ?System ?

3. Modern Mining Cadastre Procedures must be: a) Simpleb) Directc) Fastd) Transparente) Clearf) Timely processes

Priority Register and General Register Time specific

NO DISCRETION – NO DISCRETION – SYSTEM BASED THAN MAN SYSTEM BASED THAN MAN BASEDBASED

Why the moratorium?Why the moratorium?1.1. To clean up the dataset in order to determine the To clean up the dataset in order to determine the

existing overlaps and find solutions to the overlapsexisting overlaps and find solutions to the overlaps

2.2. Carry out the survey of all areas with no coordinateCarry out the survey of all areas with no coordinate

3.3. Invite and attend to people with specific issues to Invite and attend to people with specific issues to resolveresolve

4.4. Train the cadastre officers adequatelyTrain the cadastre officers adequately

5.5. Establish formal links between MCU and regional Establish formal links between MCU and regional officesoffices

6.6. Elimination of non compliant licencesElimination of non compliant licences1.1. Payments Payments

2.2. ReportsReports

3.3. BeaconingBeaconing

7.7. Institutional reformsInstitutional reforms1.1. New Act reviewNew Act review

2.2. Adoption of regulationsAdoption of regulations

Separation of Functions and Separation of Functions and role of control unitsrole of control units

A.A. CompositionComposition1.1. MCU – Licencing processesMCU – Licencing processes2.2. MDD- Extension services & monitoring of MDD- Extension services & monitoring of

operationsoperations3.3. MSD- Extension services on Safety, Health & MSD- Extension services on Safety, Health &

EnvironmentEnvironment4.4. GSD- Extension services, validation of geological GSD- Extension services, validation of geological

data, research, mapping data, research, mapping services etc….services etc….

5.5. ECZ- Monitoring of environmental impactsECZ- Monitoring of environmental impactsBB.. Integration in licencing processIntegration in licencing process

1.1. When in breach cancellation notice sent to MCUWhen in breach cancellation notice sent to MCU MDD, MSD,GSD & ECZ involved before MCU can process for MDD, MSD,GSD & ECZ involved before MCU can process for

renewal and cancellationrenewal and cancellation

2.2. Application for various mining rightsApplication for various mining rightsa)a) Land surveyor to survey Mining Licence areasLand surveyor to survey Mining Licence areasb)b) Surveys by MDD and Private Registered Surveyors - other Surveys by MDD and Private Registered Surveyors - other

rightsrightsc)c) MCU to provide arbitration survey onlyMCU to provide arbitration survey only

Restrictions of the Licenses Restrictions of the Licenses GeometryGeometry

• Need for changeNeed for change

Mining Cadastre SystemMining Cadastre System

Need for change & International PracticeNeed for change & International Practice

1.1. Fairness in granting mining rights – First come first servedFairness in granting mining rights – First come first served2.2. Transparency & efficiency in handing applicationsTransparency & efficiency in handing applications3.3. Guaranteed exclusivity of a mineral titleGuaranteed exclusivity of a mineral title4.4. Free area or not free – No overlapsFree area or not free – No overlaps5.5. No discretion-Quality Assurance in System No discretion-Quality Assurance in System 6.6. Regulations in place -Transparency GuaranteedRegulations in place -Transparency Guaranteed7.7. Workflow based on proceduresWorkflow based on procedures8.8. Information Supply – Web based SystemInformation Supply – Web based System9.9. Integrated licencing processIntegrated licencing process

Mining Cadastre SystemMining Cadastre System

Areas of responsibility Areas of responsibility MDD/MMMD – Spearheading project MDD/MMMD – Spearheading project

implementationimplementationSEED - Legal and regulatory reforms, SEED - Legal and regulatory reforms,

capacity building capacity buildingMSDP – Computerisation and technical MSDP – Computerisation and technical

support capacity building support capacity building

a)a) Data inputData inputb)b) Data validationData validationc)c) systems developmentsystems developmentd)d) capacity buildingcapacity building

Mining Cadastre SystemMining Cadastre SystemBenefits of modern mining cadastre systemBenefits of modern mining cadastre system

1.1. Time based workflow (Flexi cadastre) well executed Time based workflow (Flexi cadastre) well executed 2.2. Increased transparency, removal of discretionIncreased transparency, removal of discretion3.3. Retention and well management of financial resourcesRetention and well management of financial resources4.4. Minister of Mines - Champion of GOOD WILL Minister of Mines - Champion of GOOD WILL

Backed by system NOT Man BasedBacked by system NOT Man Based5.5. Assured increased investmentAssured increased investment6.6. Modern Mining Cadastre System will be consistent with Modern Mining Cadastre System will be consistent with

internationalinternationalPracticePractice

7.7. Increased regional competition will not be a threat to our Increased regional competition will not be a threat to our investmentinvestment

8.8. Minister of Mines - Minister of Mines - Champion of GOOD WILL forChampion of GOOD WILL for

– Assured increased investmentAssured increased investment– Confidence in Mineral Policy and Modern Mining Cadastre Confidence in Mineral Policy and Modern Mining Cadastre

SystemSystem– Consistent with international PracticeConsistent with international Practice– Implemented Modern Mining Cadastre Systems in the Region Implemented Modern Mining Cadastre Systems in the Region

is a is a THREATTHREAT to our investment to our investment

Granting of licencesGranting of licencesCurrent 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

1. Director of mines – timely approval only (within 15 days)2. 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

Modern Mining Cadastre Modern Mining Cadastre SystemSystem

ConclusionConclusion

a)a) To settle outstanding area charges by 30/09/07 To settle outstanding area charges by 30/09/07

b)b) Ministry needs reliable addresses Ministry needs reliable addresses

c)c) To have reliable coordinatesTo have reliable coordinates

d)d) Holders to avail themselves at cadastre office or Holders to avail themselves at cadastre office or mine site when called uponmine site when called upon

e)e) To submit statutory reportsTo submit statutory reports

f)f) Compliance to all conditions of grant of licenceCompliance to all conditions of grant of licence

Modern Mining Cadastre Modern Mining Cadastre System is the answer!System is the answer!

THANK YOUTHANK YOUTHE END THE END

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