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Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)

Notices

Mine Community Resettlement Guidelines, 2022

8. Obligations of an Applicant or a holder of a Prospecting Right, Mining Right or Mining Permit

 

8.1 When an applicant or a holder of a prospecting right, mining right or a mining permit intends to relocate landowners, lawful occupiers, holders of informal and communal land rights, mine communities and host communities to an alternative area, the applicant or a holder of a prospecting right, mining right or a mining permit shall:

 

8.1.1 Consult meaningfully with the landowners, lawful occupiers, holders of informal and communal land rights, mine communities and host communities by offering choices and options that are practical and economically suitable.
8.1.2 Ensure that landowners, lawful occupiers, holders of informal and communal land rights, mine communities and host communities are informed about the options and rights concerning the resettlement by providing them with all relevant information and documents to make informed decisions.
8.1.3 Ensure that landowners, lawful occupiers, holders of informal and communal land rights, mine communities and host communities concerns, inputs and comments are heard and considered.
8.1.4 Provide the landowners, lawful occupiers, holders of informal and communal land rights, mine communities and host communities with compensation for any losses to their property and livelihoods.
8.1.5 Assist with the resettlement by providing financial and related support to affected landowners, lawful occupiers, holders of informal and communal land rights, mine communities and host communities.
8.1.6 Provide the landowners, lawful occupiers, holders of informal and communal land rights, mine communities and host communities with residential housing, housing sites or agricultural land.
8.1.7 Offer support after resettlement to ensure people's livelihoods and standards of living are restored.
8.1.8 Assist with sustained development within the resettled mine community or host community after resettlement.
8.1.9 The cost of resettlement shall be borne by an applicant or a holder of a mining right or a mining permit agreed by the landowners, lawful occupiers, holders of informal and communal land rights, mine communities and host communities.
8.1.10 Establish a Resettlement Monitoring and Evaluation Committee contemplated in item 14.5 of these Guidelines.
8.1.11 Develop a Resettlement Plan contemplated in item 10 of these Guidelines.
8.1.12 Develop a Resettlement Action Plan contemplated in item 11 of these Guidelines.
8.1.13 Conclude a  Resettlement Agreement  contemplated in item 12 of these Guidelines.