Small scale licence21 Feb 2018 18:23
Having looked into this some more, it seems more likely than not to me that BMR aren't entitled to hold the small scale licence in question. Looks to me that appealing will be a waste of time. Its possible that the first letter BMR say they got and responded to was a routine enquiry to all mining companies to check that they were still entitled to the licences that have been issued, and BMR didn't understand the issue/legislation.
I don't think the project is dead, but I wouldn't expect to see any revenue coming in from this for quite some time. I would guess at two courses of action being possible, applying to amend the large scale licence which hasn't been revoked, or applying for a new large scale licence (which BMR/JLP would be entitled to hold). I doubt we'll have any update on this until they've got official confirmation that a large scale licence could be granted for the tailings project and they've got the application in.
A summary of the relevant Zambian law is:
1. The Mines and Minerals Development Act 2015 29(3) - Small-scale mining shall only be undertaken by a citizenowned, citizen-influenced or citizen-empowered company, and
2. The Citizens Economic Empowerment Act 2006 -
"Citizen empowerment company" means a company where twenty-five to fifty percent of its equity is owned by citizens;
"citizen influenced company" means a company where five to twenty-five percent of its equity is owned by citizens and in which citizens have significant control of the management of the company;
"citizen owned company" means a company where at least fifty point one percent of it equity is owned by citizens and in which citizens and in which citizens have significant control of the management of the company;
What we know is that:
1. Enviro Processing Ltd holds the mining licence and is a wholly owned subsidiary of BMR
2. A joint venture company will be established ("Kabwe Operations") which will be assigned all intellectual property developed for the execution of the Project as well as the right to fund and execute the Project on behalf of BMR.
3. Kabwe Operations will be appointed operator of the Project, with responsibility for commissioning, funding, construction and operations of the Project. Kabwe Operations will sub-contract operator responsibilities to Jubilee.
I can't see how BMR, JLP or the wholly owned subsidiaries can fall within the definitions given in the 2006 Act, and therefore aren't permitted to hold the licence or carry on small scale mining.