Section 17, 62 of the Environmental Protection Act, 2008, the Board hereby makes

(1) An applicant for an environmental licence shall inform,consult with and obtain the consent of landowners or rightful occupiers to use the land for mining purposes in accordance with section 32 and paragraphs (f) and (g) of subsection (1) of section 78 of the Mines and Minerals Act 2009 and as specified in the Thirteenth Schedule. (2) An environmental licence shall not be granted to an applicant under the Act unless- (a) there is evidence that the applicant engaged landowners or rightful occupiers in open and transparent negotiations and obtained their consent to use land for mining purposes; and (b) appropriate procedures within the social assessment and management instruments to engage the local community and the Primary Host Community have been implemented. (3) An applicant for an Environmental Licence shall complete and submit the application form as specified in the Fifteenth Schedule together with a written statement confirming the status of any agreement between the applicant and landowners or rightful occupiers of the land, including details relating to compensation arrangements with landowners or rightful occupiers. carry out prior consultations with the Minerals Advisory Board in order to ascertain the status and relevance of the applicants’ negotiations, to social and community issues that affect the granting of an environmental licence pursuant to sections 35, 36 and 37of the Mines and Minerals Act, 2009. (5) Where an agreement is not reached relating to the payment of compensation, the amount of compensation to be paid shall be determined by the Director of Mines, acting on the advice of the Minerals Advisory Board, in accordance with subsection (6) of section 35 of the Mines and Minerals Act 2009.