Online Reporter
Godknows Hofisi
Business Law
In the past, I have written several articles on mining laws, particularly based on the Mines and Minerals Act (Chapter 21:05).
In this article, I explain the siting of works for construction at mining locations based on the Act.
Mines and Minerals Act on siting of works
This is regulated by Part XIII (Control of Siting of Works on Mining Locations) in the Act.
Section 234 of the Act covers the approved plan required before the erection of certain works.
According to section 234(1) of the Act, subject to section 239, no miner of a registered mining location shall erect or construct upon his mining location any of the following works unless and until he has lodged with the mining commissioner (“Provincial Mining Director”) a plan showing the position of such works and such plan has been approved under this Part:
machinery or plant used for the treatment of ores, concentrates, tailings, slimes or other residues;
dumps;
dams for the storage of waste water or slimes;
compounds for his employees;
buildings of a permanent nature;
sewage disposal works;
recreation grounds; roads.
According to section 234(2), before erecting or constructing any works mentioned in section 234(1) above, the miner of any registered mining location shall:
lodge with the mining commissioner for his approval a plan in triplicate showing the position of the boundaries of the location and of the proposed site of such works or of the areas within which such works are to be situated;
furnish to the mining commissioner the name and address of any owner and occupier, if any, of the land concerned and particulars of all mining locations which are contiguous to the mining location to which the plan relates.
The miner shall, at the same time, furnish a copy of such plan to each such owner and occupier, if any, of land.
Particulars to be shown on the siting of the works plan
According to section 235, in addition to the particulars mentioned in section 234(2)(a), the plan should indicate the position of the workings of such location, the position of any works erected or constructed under section 239 (works may be erected or constructed without approved plan) 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.
Works which may be erected or constructed without an approved plan
According to section 239, notwithstanding anything contained in section 234, the miner of any registered mining location or property may, subject to 237(5), at any time before a siting of works plan has been approved under section 237, erect or construct upon such location or property all or any of the following works:
dumps other than tailings;
residents to house not more than thirty-two persons employed in mining operations;
roads not exceeding four metres in width which have no artificial surface such as gravel, stone or similar material.
Procedures to approve the plan
According to section 236(a), on receipt of the siting of works plan referred to in section 234, the mining commissioner shall forthwith, by registered letter, notify:
every owner and occupier, if any, of land concerned and
every holder of a contiguous mining location, of the receipt of the plan and require them to lodge, within 21 days, their objections, if any.
According to section 236(b), the Mining Commissioner must consult the provincial planning officer of the Department of Physical Planning, the regional mining engineer, the provincial water engineer and the regional land inspector of the Department of Natural Resources and where it is proposed to construct a road, the regional agricultural extension officer of the Department of Agricultural Technical and Extension Services.
In terms of section 237(2), if no objection has been received or if no notification was given under section 236 owing to the whereabouts of the owner, the occupier, or the holder of a contiguous mining location is not known to the mining commissioner after due inquiry, the mining commissioner shall proceed to consider the matter.
According to section 237(3), after holding a hearing or considering the matter, the mining commissioner may approve the plan, approve the plan with such amendments and subject to such conditions as he may deem necessary or refuse to approve the plan.
Conclusion
Approved siting of the works plan is a key compliance requirement before the construction work at a mining location.
Disclaimer
This simplified article is for general information purposes only and does not constitute the writer’s professional advice.
Godknows (GK) Hofisi, LLB(UNISA), B.Acc(UZ), Hons B.Compt (UNISA), CA(Z), ACCA (Business Valuations), MBA (EBS, Heriot- Watt, UK) is the Managing Partner of Hofisi & Partners Commercial Attorneys, chartered accountant, insolvency practitioner, commercial arbitrator, registered tax accountant and advises on deals and transactions. He has extensive experience in industry and commerce and is a former World Bank staffer in the Resource Management Unit. He sits on the Board of the Council of Estate Administrators in Zimbabwe. He writes in his personal capacity. He can be contacted on +263 772 246 900 or ghofisi@ hofisilaw.com or gohofisi@ gmail.com. Visit www.hofisilaw.com for more articles.
