| 10.1 |
An application for a mining right, prospecting right or a mining permit or a holder of a prospecting right, mining right or mining permit shall develop a resettlement plan whenever such application will have the effect of physical resettlement of landowners, lawful occupiers, holders of informal and communal land rights, mine communities and host communities. |
| 10.2 |
The resettlement plan shall be consulted with landowners, lawful occupiers, interested and affected parties, holders of informal and communal land rights, mine communities and host communities as outlined in items 7.2 of these Guidelines. |
| 10.3 |
The resettlement plan may include measures to ensure that the displaced persons are informed about their options and rights pertaining to the resettlement; consulted meaningfully; provided assistance during relocation; and offered support after displacement, for a transition period based on a reasonable estimate of the time likely to be taken to restore their livelihood and standards of living. |
| 10.4 |
The types of resettlement packages may include: |
| 10.4.1 |
Cash compensation for assets, including crops and structures; |
| 10.4.2 |
Provision of resettlement housing; |
| 10.4.3 |
Provision of a resettlement site; |
| 10.4.5 |
Health and safety services including counselling where needed; |
| 10.4.6 |
Allowances to facilitate the moving process; and |
| 10.4.7 |
Livelihood restoration programmes. |
| 10.5 |
Contents of a Resettlement Plan |
Taking into account project and site-specific considerations, a resettlement plan may contain the following elements:
| 10.5.1 |
Project Description |
| (i) |
Describe in full detail the name, nature, extent, and type of project to be undertaken. |
| (i) |
Outline the details of a Socio-Economic Impact analyses conducted regarding the potential or actual negative and positive impacts of the proposed resettlement, costs, benefits, and opportunities. |
| (ii) |
Consider alternative measures to resettlement, advantages, disadvantages , and mitigation measures. |
| 10.5.3 |
Meaningful Consultation |
| (i) |
Contain detailed information about the meaningful consultation with all stakeholders, proof of such consultation and outcomes of such meaningful consultation as outlined in item 7 of these Guidelines. |
| 10.5.4 |
Implementation Schedule |
| (i) |
An applicant or holder of a prospecting right, mining right or mining permit shall prepare an implementation plan with clear allocation of roles and responsibilities, timelines, financial resources, deliverables and stakeholder engagement. |
| 10.5.5 |
Costs and Budgetary Implications |
| (i) |
The costs for implementing the plan shall be borne by the applicant or holder of a prospecting right, mining right or mining permit. These costs shall include costs relating to independent evaluation of movable and immovable property, legal and any other consultancy services, where applicable. |
| (ii) |
The valuation of movable and immovable property shall be certified by the Office of the Valuer General. |
| 10.5.6 |
Institutional Arrangements |
| (i) |
The institutional arrangements relate to both formal and informal institutions and agencies that are responsible to facilitate and deliver on the resettlement plan commitments. |
| (ii) |
The resettlement plan shall identify agencies responsible for resettlement activities such as Local Municipality, Department of Human Settlements, and an assessment of the institutional capacity of such agencies. |
| (iii) |
Identify organisations responsible for delivery of resettlement measures and provision of services and ensuring that local organisations familiar with the communities are used. Clearly define the roles and responsibilities of all stakeholders. |
| (iv) |
Ensure that persons responsible for implementing the resettlement plan do not have conflicting interests. |
| 10.5.7 |
Approval and Declaration |
| (i) |
The resettlement plan shall contain a declaration by the Chief Executive Officer or an equivalent person of the right holder taking responsibility for the contents of the plan and its execution. |
| (j) |
The Resettlement Plan once completed must be submitted to the office of the Regional Manager where the application for right or the right or permit was submitted or issued. |
Statistics Act, 1999
