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Part B: Mineral Rights - Part B-4: ASM Licencing - 28. Artisanal Mining | 28.12. Surrender of License

Surrender of licence provisions allow the AM licence holder to give up the licence voluntarily before the expiration of the initial or renewal term of the licence. Surrender can be partial or total relinquishment of the licence area. Provisions should specify any conditions that need to be satisfied for surrender to be accepted or permitted, and include relevant environmental regulatory requirements that must be met prior to surrender.

28.12. Example 1:

Article [_]. Abandonment of land subject to licence or permit

(1) A holder of a licence or permit who wishes to abandon all or any part of the land subject to the licence or permit shall apply to the [Regulating Authority], as the case may be; not later than ninety days before the date on which the holder wishes the abandonment to have effect, for a certificate of abandonment

(2) Subject to this section, the [Regulating Authority], as the case may be; shall issue to the applicant a certificate of abandonment either unconditionally or subject to such conditions relating to the abandoned land as the [Regulating Authority] Survey, as the case may be; may determine.

(3) An application under this section—

(a) shall identify the land to be abandoned and, if the application applies to only a part of the land subject to the licence or permit, shall include a plan clearly identifying both the part to be abandoned and the part to be retained;

(b) shall state the date on which the applicant wishes the abandonment to take effect;

(c) shall give particulars of the operations which have been carried on under the licence or permit on the land to be abandoned; and

(d) shall be supported by such records and reports in relation to those operations as the Director or the Director of Geological Survey, as the case may be; may require.

(4) A certificate of abandonment shall take effect on the date on which it is granted to the applicant, and

(a) where the certificate relates to the whole of the land subject to the holder's licence or permit, the licence or permit shall be cancelled with effect from the same date; and

(b) in any other case, the licence or permit shall be amended to take account of the abandonment.

(5) The abandonment of any land does not affect any liability incurred before the date on which the abandonment has effect in respect of the land, and any legal proceedings that might have been commenced or continued in respect of any liability against the applicant for the certificate may be commenced or continued against that applicant.

Annotation

Drawn from Zambia’s mining law (2008), this general provision on surrender (called “abandonment of land” under the Zambian mining law) for all licences and permits applies to the AM license because it is a license under that law.

The maximum size of an AM licence under Zambia’s mining law is only about 6 2/3 hectares; and the term is only 2 years, although it is renewable. Given such parameters, it is unlikely that the holder of an AM licence in Zambia would need to surrender the licence in whole or in part during the initial or a renewal term. Thus, Zambia’s mining law, like most mining laws, does not contain a section on surrender of AM licenses in particular. However, this provision is available for the occasional case of surrender by the holder of an AM licence.

28.12. Example 2:

Article [_]

(1) The total or partial surrender of an artisanal mining permit shall be authorised without a penalty or indemnity, subject to [the Regulatory Authority] being notified.

(2) Surrender of a permit entails the rehabilitation of the operating site.

Annotation

Drawn from Côte d’Ivoire’s mining law (2014), this article facilitates partial or total surrender of the licence area upon simple notification of the Regulating Authority.

Permission of the Regulating Authority is not required for surrender under this provision. However, site rehabilitation is required.