Regulation 4, 62 of the Environmental Protection Act, 2008, the Board hereby makes

shall be guided by the followingrules - (a) all information provided shall be transparent and honest; (b) there shall be no discrimination on the grounds of race, sex, ethnicity, culture, socioeconomic status or political views; (c) cultural diversity, including values, customs, and the traditions of individuals and communities shall be respected; (d) information shall be communicated in the language most commonly used by the affected parties, in a clear and simple to understand structure; (e) local needs and circumstances are taken into consideration; (f) all sectors and interests of society shall be well represented, including women, the elderly and youth; (g) there shall be no discrimination based on any of the grounds contained in international human rights legislation; and (h) joint-problem solving shall be promoted through continuous dialogue and local traditions. (iii) The Executive Chairman or Authorised Officer shall facilitate and encourage public awareness and participation by ensuring that environmental licence and mineral right holders make information on the environmental and social impact of proposed and ongoing mining activities widely available. (iv) The Executive Chairman or Authorised Officer shall where practicable, make all approved Environmental Impact Assessments, Social Impact Assessments, Environmental Management Plans and Social Management Plans available on the Agency’s website. (i) PUBLIC CONSULTATION (i) Every mining licence holder shall hold consultations with key stakeholders from the earliest stages of a mining project throughout mining operations and mine closure. (ii) Public consultation and participation in reconnaissance, exploration, small- scale, and large-scale mining shall be guided by the following rules - (a) local communities shall have the right to receive and access public information in a timely and transparent manner; (b) local communities shall have the right to participate responsibly in decision-making processes pertaining to mining projects that affect their interests, provided that the claims are not frivolous or vexatious; (c) local communities shall have the right to receive copies of the social management plan at no cost and the applicant shall raise awareness within the community about the contents of the plan; 16 17 (d) local communities shall have the right to monitor the implementation of provisions contained in the social management plan, provided that such monitoring shall in no way impede the applicant from fulfilling its obligations under these Regulations; and (e) local communities shall have the right to denounce any matter concerning the violation of their civil and human rights. (iii) Recognising the differences between mineral rights, applicants for an environmental licence shall engage in consultation with all relevant stakeholders as early as possible and, at a minimum, prior to the submission of an application for an environmental licence to the Board. (j) JOINT AND SEVERAL LIABILITY Where two or more persons constitute the holder of a mineral right, those persons shall be jointly and severally liable for the payment of all costs, damages and or indemnities arising from any adverse environmental impact and social impact (which shall include any human rights violations) resulting from their mining activities on the environment, the local community and the Primary Host Community. (k) INDEPENDENT LIABILITY (i) The termination, expiration, suspension, cancellation, revocation, forfeiture, attachment, pledge, relinquishment, surrender, reduction of area, ceasing of operations, or any other matter affecting the status of the mining right licence or permit shall not prejudice any environmental or social obligations or liabilities incurred by the holder. (ii) The rule established in paragraph (i) shall also apply in the event of any variation, suspension, amendment or any other matter adversely affecting the status of the environmental licence. (l) APPOINTMENT OF CORPORATE ENVIRONMENTAL OFFICER (i) The holder of, or applicant for an exploration, small scale or large scale mining licence shall appoint a corporate environmental officer, and may also appoint a deputy corporate environmental officer, who shall be in charge of the environmental control of the mineral right holder´s mining operations, and shall be the primary contact person for the Board, the Executive Chairman, Authorised Officer and third parties for environmental and social purposes. (ii) In the absence of an individual with appropriate skills, the holder of or applicant for, an artisanal mining licence shall assume the status and responsibilities of the corporate environmental officer. (iii) The corporate environmental officer shall have a comprehensive knowledge of the characteristics of the mineral right holder´s mining operations, and shall collect compile and manage and keep, in good order for inspection purposes, up-to-date information on the mineral right holder’s environmental and social performance. (iv) The holder of an exploration, small scale licence or large scale mining licence shall, within thirty days of the coming into force of these Regulations, inform the Executive Chairman or Authorised Officer of the 18 19 appointment of the corporate environmental officer and if one is appointed, a deputy corporate environmental officer. (v) The corporate environmental officer shall inform the Executive Chairman or Authorised Officer of any major incidents that has or is likely to give rise to adverse environmental impact or social impact. (m) BEST ENVIRONMENTAL PRACTICES The holder of a mineral right shall conduct his mining activities according to environmental best practice and according to the philosophy of corporate social responsibility. PART III-ADMINISTRATION 4. (1) No person shall undertake or cause to be undertaken any mining project; including reconnaissance, exploration, artisanal mining, small scale mining, large scale mining, dredging and radioactive substances mining, specified in the First Schedule of the Act, and for which an Environmental Impact Assessment Licence is required, unless that person obtains an Environment Impact Assessment licence issued by the Agency in accordance with subsection (1) of section 24 of the Act. (2) Applications for Environmental Impact Assessment Licence and enquires on other administrative issues and procedures related to environmental protection in mining activities shall be submitted to the Executive Chairman or Authorised Officer in accordance with Part X