Section 102, The Mines and Minerals Act, 2009

(1) Subject to the provisions of this Act or any other lawand any condition of a small-scale mining licence, the holder of a small-scale-mining licence shall have the exclusive right to carry on exploration and mining operations in the licensed area and may in the exercise of his rights enter upon any land to which his small-scale mining licence relates together with his servants and agents and may– 74 75 Size of small- Rights and duties of (a) take reasonable measures on or under the surface of his small-scale mining licence area to mine and process the minerals to which his licence relates; (b) erect the necessary equipment, plant, machinery and buildings for the purpose of mining, transporting, dressing, treating, smelting and refining the minerals or mineral products recovered by the holder during his mining operations; (c) dispose of any mineral products recovered; (d) stack or dump any mineral or waste product in a manner approved by the Director in consultation with the health and environmental authorities; and (e) utilise the water and timber as necessary for mining operations. (2) The holder of a small-scale mining licence shall– (a) within the limits of its competence and resources, carry on in good faith, in the licensed area, exploration or mining (b) furnish the Director with such information relating to its exploration or mining operations as the Director may reasonably require or as (c) carry out promptly any directives relating to its exploration or mining operations which may be given to the holder by the Director for the purposes of ensuring safety or good mining practices; (d) if not personally supervising the exploration or mining operations under the licence, employ a Mines Manager for the purpose of supervising its exploration or mining operations provided that all such Mines Managers must be approved by the Director and shall carry with them such means of identification as the Director may direct; (e) before beginning or ceasing any exploration or mining operations notify the appropriate local government authority or local authority and an authorised officer, of the intention to begin or cease exploration or mining, as the case may be; (f) substantially comply with any community development agreement required under this Act; (g) sell the minerals obtained in the mining area as prescribed; (h) carry out rehabilitation and reclamation of mined out areas; (i) keep accurate records of winnings from the mining area and such records shall be produced for inspection on demand by the Director or a duly authorised officer; and (j) submit all reports as prescribed.