Section 139, The Mines and Minerals Act, 2009

(1) The holder of a small-scale or large-scale mininglicence is required to have and implement a community development agreement with the primary host community if its approved mining operation will or does exceed any of the following limits- (a) in the case of extraction of minerals from primarily alluvial deposits, where annual throughput is more than one million cubic metres per year; (b) in the case of underground mining operations, where annual combined run-ofmine ore and waste production is more than one hundred thousand tonnes per year (waste material not exiting mine mouth to be excluded); (c) in the case of open-cast mining operations extracting minerals from primarily non-alluvial deposits, where annual combined run-ofmine ore, rock, waste and overburden production is more than two hundred and fifty thousand tonnes per year; or (d) where the licence holder employs or contracts more than one hundred employees or workers at the mine site on a typical working day (including all shifts). (2) The primary host community is the single community of persons mutually agreed by the holder of the small-scale or largescale mining licence and the local council, but if there is no community of persons residing within thirty kilometres of any boundary defining the large-scale mining licence area, the primary host community shall be the local council. (3) If the holder of the small-scale or large-scale mining licence and local council cannot agree on which community is the primary host community, the licence-holder may notify the Minister requesting clarification, and the Minister shall notify the licenceholder and local council within sixty calendar days from the date of such notice, specifying which community is the primary host community. (4) The holder of the small-scale or large-scale mining licence shall expend in every year that the community development agreement is in force no less than one percent of one percent of the gross revenue amount earned by the mining operations in the previous year to implement the agreement, and such amount and a breakdown of expenditures shall be reported to the Minister annually as may be prescribed.