Section 136, The Mines and Minerals Act, 2009

(1) There may be included in a mineral right granted underthis Act such conditions relating to- (a) the rehabilitation, reinstatement, levelling, regressing, reforesting and contouring of any part of the exploration, artisanal mining, smallscale mining or large-scale mining licence area that may have been damaged or deleteriously affected by exploration or mining operations; (b) the filling in, sealing or fencing off, of Annual environmental report. Diversion of water course. Rehabilitation of damaged areas. 102 103 excavations, shafts and tunnels, as may be prescribed, or as the Minister may, in any particular case, determine, or as may be agreed. (2) Pursuant to section 133 the Minister shall require all small-scale and large-scale mining licence-holders to provide, within such time as prescribed, financial assurance for the performance against any obligations deriving from an environmental impact assessment and management plan. (3) The amount of financial assurance required under subsection (2) will be determined by the environmental impact assessment and management plan and may be varied from time–totime to take into consideration the changing costs of performance of any condition. (4) The forms of financial assurance acceptable under this section may be any or a combination of the following- (i) surety bond; (ii) trust fund with pay-in period; (iii) insurance policy; (iv) cash deposit; or (v) annuities. (5) Where a licence-holder is obligated to provide a financial assurance under this section and fails to do so, the Director shall- (a) cause to be served, on the licence-holder a notice of demand; and (b) cause a note of the service of the notice to be endorsed in the mining cadastre register. (6) If by the end of the period specified in the notice of demand under subsection (5) the financial assurance required from the licence-holder under this section- (a) has been provided, the notice shall thereupon cease to have effect, and the Director shall cause the registry endorsement to be cancelled; or (b) has not been provided, the mining licence shall be liable to cancellation by the Minister.