Section 3, 62 of the Environmental Protection Act, 2008, the Board hereby makes

(1) The principles outlined under sub-regulation (2) shallbe applied by- (a) the Agency when dealing with matters related to environmental and social management of proposed or ongoing mining activities. (b) any other authority whether administrative or judicial, whenever its participation, intervention or decision on matters relating to the environmental and social impacts of mining is required under applicable laws or regulations. (2) The principles referred to under sub-regulation (1) are as follows - (a) SUSTAINABILITY Every mining operation shall be carried out in a sustainable manner that is reasonably practicable in order to minimize, mitigate or eliminate negative environmental and social adverse impacts including but not limited to pollution resulting from such operation in accordance with the Environment Protection Agency Act, 2008, subsection (1) of section 132 and subparagraphs (xii) and (xiii) of paragraph (b) of subsection (1) of section 133of the Mines and Minerals Act 2009. (b) POLLUTER PAYS (i) The cost of pollution avoidance, prevention, control, remediation and compensation shall be borne by the polluter in accordance with the principles of international environmental law (ii) For the avoidance of doubt, this principle shall be applicable to any kind of environmental or social impact derived from the development, construction, operation and management of mining activities. (c) PRECAUTIONARY COST-EFFECTIVE MEASURES (i) when a mining activity raises threats of serious or irreversible harm to public health or the environment, the lack of full scientific certainty of a detrimental outcome shall not be used as reason for postponing precautionary cost-effective measures to prevent damage to human health or environmental degradation. (ii) The burden of proof in relation to the precautionary principle resides with the holder of the mining rights. (d) LEGAL RESPONSIBILITY FOR ENVIRON- MENT (i) The holder of a mineral right shall be responsible for the environmental and social impacts of their activities, as well as for managing these impacts. (ii) Every holder of a mineral right shall carry on its operations in a manner that is reasonably practicable-so as to prevent, minimize, 12 13 application of principles manage and mitigate any adverse environmental impact including but not limited to pollution resulting from such operations and any adverse social impact in accordance with the Act, and the Mines and Minerals Act, 2009. (iii) Every holder of a mineral right is legally obliged to keep emissions and effluents resulting from its operations under the maximum level of pollutant concentration permitted by these Regulations and they shall manage and control residues, wastes, toxic substances and other contaminants in order to ensure that they will not cause adverse effects on the environment and public health. (e) PROTECTION OFAFFECTED COMMUNI- TIES Every holder of a mineral right shall protect the surface rights of those within and in close proximity to a mining area and shall- (i) obtain consent from lawful landowners and occupiers prior to entering lands and commencing exploration or other mining activities; (ii) wherever possible, allow lawful landowners and occupiers to graze livestock and cultivate land; (iii) pay fair compensation for land use and disturbances; and (iv) where necessary, provide a resettlement option which is equivalent to or better than their current living environment. (f) OBLIGATION TO IMPLEMENT ENVIRONMENT MANAGEMENT INSTRUMENT The holder of a mineral right shall comply with and operate in accordance with the environmental management instrument approved by the Board. (g) ACCESS TO INFORMATION (i) Every local community shall have access to information held by the Board and the Minerals Advisory Board concerning the environmental and social effects of proposed or on-going mining activities. (ii) The Board and the Minerals Advisory Board shall inform communities of the existence and content of communities’ rights to access information relating to the social, environmental and economic impact of mining activities. (iii) Every holder of a mineral right shall make all approved Environmental Impact Assessments, Social Impact Assessments, Environmental Management Plans and Social Management Plans available on its official website free of charge. (h) PUBLIC PARTICIPATION (i) Every holder of a mineral right shall provide an opportunity for local community and the Primary Host Community to participate in consultations relating to environmental and social matters in accordance with paragraph (a) of subsection (2) of sections 133 and paragraph (f) of subsection (1) of sections 140 of the Mines and Minerals Act 2009. 14 15 (ii) Every mineral right holder, in complying with