On the 25th of June 2025, the Government of Zimbabwe gazetted the Mines and Minerals Bill, 2025, marking a significant milestone in the legislative reform of the country’s mining sector. This Bill seeks to repeal and replace the Mines and Minerals Act [Chapter 21:05].  In this article we outline key provisions, reforms, and the overall impact on Zimbabwe’s mining sector, including implications for governance, investment, environment and land use.

I. Introduction and Context
The Mines and Minerals Bill, 2025 which shall operate as the Mines and Minerals Act (Chapter 21:09) seeks to replace the Mines and Minerals Act [Chapter 21:05] with a modern, transparent, and streamlined framework for regulating Zimbabwe’s mining sector. The Bill responds to:

• The need to attract local and foreign investment.
• The need for greater transparency and accountability,
• The formalisation of artisanal and small-scale mining (ASM),
• The alignment of mining with environmental and social safeguards, and
• The need to attract local and foreign investment.

II. Key Objectives of the Bill

The Bill introduces a number of transformative reforms aimed at:

• Establishing a Mining Cadastre Registry;
• Enhancing administrative justice and appeal processes;
• Formalising small-scale mining;
• Recognising strategic minerals critical to the national interest;
• Requiring environmental and social responsibility compliance;
• Entrenching landowner rights.
• Ensuring mining claims are actively worked (ending speculative hoarding).
• Establishment of the Mining Court as a Specialized Division of the High Court.

III. Key Provisions and Reforms

1. Overhaul of Institutional Structures

• Part II of the Bill establishes the Mining Affairs Board (MAB), which has been reconstituted to include wider representation (e.g., small-scale miners, farmers, professional bodies).
• Under the new provision (Section 9 Constitution of Board), the Board will consist of the Secretary and six other Ministry officials of at least Director-level seniority, plus six further members appointed by the Minister to represent the Chamber of Mines, small-scale miners, large-scale farmers, small-scale farmers, the Institute of Chartered Accountants of Zimbabwe, and one other member appointed for his or her experience or qualifications in any profession or calling considered by the Minister to be useful to the Board. The composition of the Board must be gender and regionally balanced. The Board will be empowered to establish specialist committees composed of non-members to assist it as required.
• Section 13,15 to mention a few provisions of the Bill provides for the powers of the Board to inter alia hold virtual hearings, summon witnesses, and refer legal matters to the Administrative Court for determination.
• Section 331 of the Bill provides for the Establishment of the Mining Court as a Specialized Division of the High Court, as soon as practicable after the commencement of the Act. In terms of this provision, the Chief Justice is empowered to create a specialised division of the High Court presided over by at least two judges of the High Court, to be called the “Mining Court”, which shall have jurisdiction to hear and entertain most matters as under this Bill are heard and entertained by the Administrative Court.
  

2. Mining Cadastre Register

• A new centralised, digital Cadastre system is introduced as the definitive register of mining rights.
• The office of the Mining Cadastre Registry and the Mining Cadastre Register for recording all current mining rights and titles will be established under Part III of the Bill (Section 17). The Permanent Secretary in the Ministry will be the Mining Cadastre Registrar, but a Deputy Mining Cadastre Registrar (preferably having IT qualifications) will do the administrative work of the Mining Cadastre Registry on behalf of the Secretary/ Registrar.
• It will replace fragmented provincial registers and prevent double allocations or disputes.
• Beneficial ownership must be disclosed—enhancing transparency and anti-corruption efforts.

3. Redefined and Protected Land Rights

• Section 36 is the first of many adverting to the manner of resolving disputes between prospectors and miners, on the one hand, and farmers and other landholders on the other hand, and it sets the pattern for other Sections addressing farmer/miner disputes.
• Section 37 presents a provision highlighting Ground not open to prospecting, which includes land owned by another, unless such landholder consents.
• Part X of the Bill, among other provisions, provides that a farmer may cultivate the surface of mining locations for annual crops on his or her land, and gives the farmer security of enjoyment of those rights uninterruptedly where there is agreement between the farmer and a miner regarding such cultivation, it must be reduced to writing and registered with the Mining Affairs Board, and thereupon becomes enforceable against both parties.
• Introduces stronger mechanisms for resolving disputes between miners and landholders (farmers, communal land users, etc.).
• Rural District Councils (RDCs) can now reserve land (up to 100 hectares) for cultivation or grazing, limiting uncontrolled pegging by miners.
• Provides clearer definitions of “restricted public water,” “arable land,” and “occupied land” and the rules for mining near such zones.

4. Absence of Exclusive Prospecting Orders

• The Mines and Minerals Bill, 2025 does not contain any provisions for the granting of Exclusive Prospecting Orders (EPOs). Instead, it provides for an Exclusive Prospecting Licence with a maximum tenure of 12 months and an area limited to 40 hectares, marking a significant departure from the broad and long-term rights previously available under the EPO regime.

5. Mining Industry Environment Protection Fund and Related Matters- section 185 & 186

The Bill introduces a comprehensive framework to ensure environmental protection and occupational safety within the mining industry. It also establishes a dedicated fund to manage environmental liabilities.

Purpose and Scope

• The general objective of this section is to promote environmental responsibility and worker safety across the mining sector.
• It defines key terms and empowers the Minister to take necessary steps for mineral conservation and environmental protection.

Enforcement Powers

• Mining rights may be suspended where operations pose risks to the environment, public safety, or public health.

Environmental Liability and Security

• Miners are required to obtain insurance, financial guarantees, or other security to cover the cost of repairing environmental damage caused by their activities .
• Where a miner fails to secure such coverage, they must contribute to the Mining Industry Environmental Protection Fund by paying 0.1% of the gross value of their mineral production, based on their latest royalty return.

Establishment of the Fund

• The Mining Industry Environmental Protection Fund is formally established under Section 185.
• The Fund’s purpose is to finance the remediation of environmental damage caused by mining operations, particularly where a responsible party is unable or unwilling to do so.
• Its funding sources include levies from non-compliant miners, insurance proceeds, and other approved sources.

Governance

• The Fund is to be managed by the Mining Industry Environmental Protection Fund Committee, chaired by the Secretary for Mines and constituted as per Section 186.

5. Formalisation of Small-Scale Mining

• A definition of Small Scale Miner is introduced. In terms of the Bill, a Small scale miner means a Zimbabwean citizen or permanent resident who in any mining province— (a) is the holder of one registered mining location of not more than forty (40) hectares in extent, or of two or more registered mining locations which in aggregate do not exceed forty (40) hectares in extent; and (b) does not, on his or her registered mining location or any of his or her registered mining locations, as the case may be— (i) employ at any time more than fifty (50) persons (including contractors) for periods (whether continuous or not) exceeding six months in any year; and (ii) produces less than1200 tonnes of ore a year;
• Introduction of staking agents (replacing “approved prospectors”) and clearer procedures for acquiring claims and leases.
• Small-scale miners can operate in strategic mineral zones (e.g., lithium, rare earths), subject to special agreement with the State.

6. Strategic Minerals

• Empowers the Minister to designate “strategic minerals” and require special terms for their exploitation (e.g., minimum $1M investment, local partnerships).
• Recognises the need for State equity or participation in strategic mineral ventures, advancing indigenisation goals.
• Section 308 pertains to the Discovery of precious stones and puts every person under the obligation of notifying the Provincial Mining Director of the discovery of precious stones and of the location of the discovery within 10 days of the discovery.

7. Use-it-or-Lose-it Enforcement

• Abolishes the practice of preserving claims through annual fees alone.
• The Bill reforms the rules on preserving mining title to better align with the “use it or lose it” principle and open up underutilized land for more productive use.
• Key Points: Under the previous law, mining title could be preserved through:
  • Active working or development of the claim,
  • Capital expenditure declarations per block,
  • Mineral production at prescribed levels (mainly for chrome and limestone),
  • Or payment of an annual fee for unworked claims.

• These measures have been deemed inadequate, often allowing miners to retain land without meaningful activity, blocking access to more capable operators.
• The new approach provided for in the Bill introduces additional criteria, reflecting evolving national priorities, including social responsibility obligations toward local communities, and Environmental protection as a key factor in the continued validity of mining rights.
• Flowing from the above, miners must now submit work plans, Environmental Impact Assessments (EIAs), and in the case of large miners, a social responsibility certificate.
• Failure to meet work and compliance thresholds leads to expropriation.
• It is important to note that, in terms of Section 252, if the Board is finally resolved that a registered mining location should be expropriated for underuse, it may recommend that the President should expropriate it. The President, on receipt of the Board’s report and recommendation, has the discretion to require the Board to make a further investigation into the matter and to afford the registered holder a further opportunity of making representations to the President through the Board. If, in any event, the President is of the opinion that the mining location concerned is unworked or underworked, the President may make a provisional order of expropriation followed by (if there is no appeal against the provisional order) the final order of expropriation and cause it to be published in the Gazette.
• Additionally, Part XVI deals with Abandonment and Forfeiture, it introduces a structured framework for the abandonment and forfeiture of mining rights and locations, with defined procedures and safeguards:

(a) Abandonment

• Unregistered Locations (Section 194):
• Holders may abandon unregistered claims by posting a public notice on-site. The land remains closed to relocation for 7 days after abandonment.
• Registered Locations (Section 195):
• Requires a certificate of abandonment from the Provincial Mining Director (PMD). Partial abandonment is allowed with proper re-beaconing. Sites under hypothecation or option agreements cannot be abandoned without consent.

(b) Forfeiture

• For Registered Blocks and Sites (Section 196):
• PMD may declare forfeiture if inspection certificates are not obtained or site rent remains unpaid for 3 months.
• For Mining Leases (Section 197):
• Leases may be forfeited for failure to submit or comply with a development plan, or for lack of an inspection certificate. The Mining Affairs Board must first notify the lessee to remedy the default.
• Unutilised Dumps (Section 198):
• Forfeiture applies where a miner fails to comply with Ministerial directives to exploit or tribute unused dumps.
• Deceased or Incapacitated Persons’ Estates (Section 199):
• A grace period of up to 6 months is allowed before forfeiture proceedings can commence, to protect estates of deceased persons, minors, mentally incompetent persons, or insolvents.

(c) Post-Abandonment/Forfeiture Responsibilities

• Removal of Property (Section 200):
• Former holders have 3 months to remove buildings, machinery, and beacons. If they fail, the PMD may do so and recover costs.
• Securing Dangerous Workings (Section 201):
• Prior to or within 30 days of abandonment or forfeiture, all shafts and open excavations must be secured for safety. A certificate of compliance must be lodged with the PMD. Once accepted, the former holder is released from liability.
• Tampering with Protective Works (Section 202):
• Unauthorized interference with protective structures is prohibited and subject to penalties.

(d) Recording and Appeals

• Registry and Appeals (Section 203):
• All abandonments and forfeitures are to be recorded in the Mining Cadastre Register. Aggrieved parties may appeal to the Minister and then to the Administrative Court.
• Relocation and Reassignment (Section 204):
• PMD must publicly advertise forfeited or abandoned locations, which may then be reassigned to eligible applicants.

(e) Closure of Mines (Section 205):

• Miners must notify the PMD 60 days before closure and submit detailed mine plans within 31 days of shutting down. Assistance may be sought from the Chief Government Mining Engineer. Non-compliance attracts civil or criminal penalties.
• Section 249 deals with Reports which can be made concerning any mining location not being adequately worked. This provision encourages any person (who may for this purpose be called a “whistleblower”) to report to the PMD his or her belief that a registered mining location is not being worked or developed at all or being worked or developed very inadequately. In token of good faith, the whistleblower must submit together with his or her report a deposit equivalent to the maximum amount fixed for level 6. On receipt of such a report and deposit, the PMD must engage the Government mining engineer to make a report on the matter. The PMD may also, on his or her own initiative may engage the Chief Government mining engineer to make a report if the PMD believes that the mining location is being underworked. On the basis of that report, the PMD may refer the matter to the Mining Affairs Board for further action. The procedure that follows is provided in the sections which follow this section.
• It is important to note that, in terms of Section 252, if the Board is finally resolved that a registered mining location should be expropriated for underuse, it may recommend that the President should expropriate it. The President, on receipt of the Board’s report and recommendation, has the discretion to require the Board to make a further investigation into the matter and to afford the registered holder a further opportunity of making representations to the President through the Board. If, in any event, the President is of the opinion that the mining location concerned is unworked or underworked, the President may make a provisional order of expropriation followed by (if there is no appeal against the provisional order) the final order of expropriation and cause it to be published in the Gazette.

8. Special Grants

The new Mining and Minerals Bill proposes significant changes to the framework governing special grants, especially those relating to strategic and energy-related minerals. Key updates include:

• Abolition and Consolidation:
  Special grants issued by the Secretary for Mines (under current Part XIX) are abolished and will now fall under the regime for mining leases.

The Bill consolidates and expands Part XX, placing greater regulatory emphasis on special grants issued by the President.

• New Types of Special Grants:

Introduces the concept of a “divided special grant”, allowing multiple rights holders to mine different or the same minerals concurrently on the same land, under set conditions.

• Scope and Application:

Special grants will be mandatory for mining coal, mineral oils, natural gas, nuclear energy source materials, and strategic minerals (as designated under Section 5).

Applications for strategic minerals are submitted to the Minister, while those for other specified minerals go to the Mining Affairs Board (MAB).

• Provisional Approval & Stakeholder Consultation:

Provisional approval triggers a reservation of land and stakeholder engagement by the Provincial Mining Director (PMD), who must assess the implications and submit a report to the Mining Cadastre Registrar.

• Evaluation and Granting:

The Minister or MAB considers applications based on specified criteria and the PMD report. Applicants can respond to objections or amend applications.

The President retains the power to approve or reject the application and set conditions for the grant.

• Transfer and Assignment:

Special grants are not transferrable without approval from the Minister (for strategic minerals) or the MAB (for others). Unauthorised transfers may lead to cancellation.

Grants remain personal to the grantee and require presidential approval for cession.

• Royalties and Fees:

Special grants may attract customised royalties and fees, different from the standard regime under Part XIII.

• Amendments and Cancellation:

The President may adjust the area covered by a grant, but any expansion is treated as a new application.

Grants may be cancelled with 12 months’ notice if conditions are violated.

• Conversion of Special Grants:

If a mineral loses its strategic designation during the term of the grant, it will automatically convert to a regular mining lease, ensuring equitable treatment across mining titles.

• Recording and Regulation:

All special grants must be recorded in the Mining Cadastre Register and are subject to specific provisions of the new Bill.

• 9. Environmental and Social Compliance
• Large-scale miners must demonstrate social responsibility, including:
• Community engagement,
• Cultural sensitivity,
• Fair labour practices.
• Environmental and Social complaints from EMA or RDCs can lead to Ministerial intervention or stoppage of operations.

10. Civil Penalties and Regulatory Enforcement

• Introduces civil penalties for regulatory breaches, enforced by the PMD.
• Reduces reliance on criminal prosecutions for administrative violations, enhancing efficiency in compliance enforcement.

11. Dispute Resolution and Appeals

• Introduces structured processes for resolving disputes between:
• Miners and farmers,
• Joint claim holders,
• Applicants and regulators.
• Allows appeals to the Administrative Court and ultimately the High Court, ensuring compliance with Section 68 of the Constitution (right to administrative justice).

12. New Licensing Regimes

• Consolidates mining titles to three main classes: claims (blocks), mining leases, and special grants.
• New provisions for independent and dependent mine service sites, promoting the beneficiation and processing of minerals locally.
• Introduces exclusive exploration licences to replace older prospecting titles.

In conclusion, the Mines and Minerals Bill represents a significant legislative reform with far-reaching implications for Zimbabwe’s mining sector. It has the potential to modernise the regulatory framework, promote inclusive and sustainable growth, and align the industry with national development priorities. Given its impact, it is essential that all stakeholders including mining companies, employers and employees, as well as both local and foreign investors, acquaint themselves with the provisions of this proposed law.

For assistance with mining law inquiries or further guidance on the Mines and Minerals Bill, please contact our Mining Law Practice Group on info@mmmlawfirm.co.zw