Section 38, 62 of the Environmental Protection Act, 2008, the Board hereby makes

(1) In accordance with the sustainability principleestablished under Regulation 3 and subsection (1) of section 132 of the Mines and Minerals Act 2009, and for the purposes of the community development, provisions contained in sub-paragraph (i) of paragraph (c) subsection (1) of section 140 and paragraph (b) of subsection (2) of section 140 of the Mines and Minerals Act 2009, the local community or the local authority may file a request to the Board through its Executive Chairman or Authorised Officer in order to exclude from the Mine Closure Plan, certain facilities, such as roads, buildings, water wells, or other, that can be beneficial to the local community after the termination of the mining activities, in which case, the local community or the local authority, as appropriate, shall take the responsibility for the maintenance of such facilities as well as for their closure should it be required. (2) The Board, through its Executive Chairman or Authorised Officer shall communicate its decision by written notice to the community representative or the local authority, as the case may be, within thirty days. (3) Where the request is approved, the Board shall indicate the maintenance and closure obligations to be assumed by the local community or the local authority. (4) The Board through its Executive Chairman or Authorised Officer, shall also notify the related holder of the mining permit, and shall withdraw such facilities from the Mine Closure Plan, and reduce the financial assurance in the proportionate amount.