Section 36, 62 of the Environmental Protection Act, 2008, the Board hereby makes

(1) Where the holder of a mineral right intends to ceaseoperations either during the period of or on termination of its mineral right, he shall, in accordance with subsection (1) of section 54 of the Mines and Minerals Act 2009, present a notice to the Director of Mines with - (a) a full register of assets showing those assets which he intends to remove and those which he intends to leave in the area covered by the mineral right or permit; and (b) information of any potentially hazardous substances, erections or excavations in that area. (2) The register of assets referred to in paragraph (a) of sub-regulation (1) and the information on potentially hazardous substances, erections or excavations referred to in paragraph (b) of sub-regulation (1), shall be consistent with the Mine Closure Plan approved by the Board. (3) The notice referred to in sub-regulation (1) shall be accompanied by a letter of conformity issued by the Director of Mines and for this purpose the holder of a mineral right shall submit the proposed notice for review by the Board. 42 43 Progressive Closure Default in closure obligations Assets on termination of mineral right. (4) Pursuant to sub-regulation (3) the Executive Chairman or Authorised Officer shall issue a letter of conformity or nonconformity, as the case may be, within fourteen days which shall indicate any objections. (5) The holder of a mineral right shall, in not more than a period of seven days, respond to the objections of the Executive Chairman or Authorised Officer in sub-regulation (4) and re-submit the proposed notice, after which the Executive Chairman or Authorised Officer shall issue a letter of conformity within a fourteen day period and where the Board’s objections are not satisfactorily addressed, no letter of conformity shall be issued. (6) On receipt of the notice from the holder of a mineral right, the Director of Mines may, if he deems it necessary, in accordance with paragraph (a) of subsection (2) of section 54 of the Mines and Minerals Act, require that specified items of fixed machinery are necessary for the care and maintenance of the area covered by the mineral right, and such items and machinery shall not be removed. (7) The items referred to in sub-regulation (6) shall be excluded from the Mine Closure Plan, and the financial assurance reduced as required, without prejudice to any corresponding environmental liabilities to which the holder of the mining right is subject, until such items are handed to the Director of Mines. (8) The compensation referred to in subsection (3) of section 54 of the Mines and Minerals Act shall not reduce compromise or replace any payment for fines, damages, indemnities, or other economic consequences attributable to the holder of a mineral right’s environmental liabilities. (9) On receipt of the notice from the holder of a mineral right, the Director of Mines may, if he deems it necessary, require that specified buildings and other items of fixed machinery shall be removed or require that potentially hazardous substances, erections and excavations be removed or made safe in such manner as he may direct in accordance with paragraphs (b) and (c) of subsection (2) of section 54 of the Mines and Minerals Act. (10) The requirements referred to in sub-regulation (9) shall be consistent with the decommissioning and other abandonment measures contemplated in the MCP approved by the Board and the Director of Mines shall consult with the Board in case of any doubt on the matter. (11) Where the requirements referred to in sub-regulation (9) involves the holder of the mineral right to perform additional works, the Executive Chairman shall require the holder of a mineral right to submit a proposed amendment to the Mine Closure Plan indicating the additional works required and the associated costs, the holder of a mineral right shall present a financial assurance to the Board for the additional works which shall be included in the Mine Closure Plan.