This division is responsible for minerals administration as well as spearheading orderly development of mining to enhance the growth of the sector. It fosters functional linkages with the Office of the Commissioner for Mines and Minerals, Geological Surveys Department and investors. Currently, the Division acts as the secretariat for the Office of the Commissioner for Mines and Minerals. The division maintains the register of all licences granted for the exploration and mining of minerals.

1. The provision of Mineral Rights and Licensing Services
2. The provision of mineral development, planning and promotion services
3. The provision of Mineral Surveying Services

According to the Act, “the entire property in minerals in, under or upon any land or waters in Malawi are vested in the Republic; but without prejudice to the exercise of any right under or pursuant to this Act.”. No person can carry on reconnaissance, prospecting or mining operations without a tenement (licence).

Under the Act, there are three groups of licences geared to low cost, and medium to high-cost operations. These are:

1. Mineral Permits;
2. Non-exclusive Prospecting Licenses and Mining Claims; and
3. Mineral Rights.

Mineral Permits cover the hand digging of traditional building materials such as sand and brick clays. The permits are issued to the local people by District Assemblies.

Non-Exclusive Prospecting Licences and Mining Claims are designed for the small-scale prospectors and miners.  The Commissioner for Mines and Minerals may issue them to Malawian individuals or companies.  A Non-Exclusive Prospecting Licence, which is granted for one year, allows the holder to prospect in any district for any mineral(s) identified in the licence. The holder of a non-exclusive prospecting licence may register a mining claim that gives exclusive rights to prospect and mine any mineral specified in the claim. 

Mineral Rights are appropriate for expensive high technology prospecting and medium to large mining operations. Only the Minister responsible for mining issues can grant or renew mineral rights, on behalf of the Republic.

Mineral rights are of three types namely: Reconnaissance Licence, Exclusive Prospecting Licence and Mining Licence.

A Reconnaissance Licence allows the holder of the licence to carry out reconnaissance operations that do not involve subsurface prospecting such as drilling or excavations. The licence is granted initially for a period of one year but may be renewed on two consecutive times for periods of one year each. The licence covers a maximum period of 250,000 square kilometres.

An Exploration Licence gives the holder of the licence exclusive rights to carry on prospecting operations for the mineral(s) specified in the licence.  The prospecting operations may involve subsurface prospecting such as drilling or excavations to determine the extent and economic value of the mineral(s). The licence is granted initially for a period of three years but may be renewed on two consecutive times for periods of two years each. The licence covers a maximum period of 2,500 square kilometres. However, on renewal of the licence, the area is supposed to be reduced by 50%.

A retention licence is an optional licence between the exploration and mining stages. It gives the licensee (licence holder) tenure over the land before progressing to a mining licence. It gives more time to the holder to plan to develop the resource, and to obtain financing.

A Medium and Large-Scale Mining Licences gives the holder of the licence exclusive rights to carry on prospecting and mining operations of the mineral(s) specified in the licence. The licence is granted for a period of not more than twenty-five years or the estimated life of the deposit but may be renewed.

The Commissioner for Mines and Minerals also issues Reserved Minerals Licences and Export Permits. A Reserved Minerals Licence allows the holder of the licence to buy, possess and sell “reserved minerals” defined as precious metals and precious and semi-precious stones. An Export Permit allows the holder to export minerals from Malawi.