Section 140, The Mines and Minerals Act, 2009

(1) The holder of a small-scale or large-scale mining General obligation to promote development. Where development agreement is required. 106 107 licence who is required to have a community development agreement shall negotiate with the primary host community the terms of the agreement, and such agreement shall include the following- (a) the person, persons or entity who represent the primary host community for the purposes of the community development agreement; (b) the objectives of the community development agreement; (c) the obligations of the licence-holder with regard to the primary host community including but not necessarily limited to- (i) undertakings with respect to the social and economic contributions that the project will make to the sustainability of the community; (ii) assistance in creating self-sustaining, income-generating activities, such as but not limited to, production of goods and services needed by the mine and the community; (iii) consultation with the community in the development of mine closure measures that seek to prepare the community for the eventual closure of the mining (d) the obligations of the primary host community with regard to the licence-holder; (e) the means by which the community development agreement shall be reviewed by the licence-holder and primary host community every five calendar years, and the commitment to be bound by the current agreement in the event that any modifications to the agreement sought by one party cannot be mutually agreed with the other party; (f) the consultative and monitoring frameworks between the licence-holder and the primary host community, and the means by which the community may participate in the planning, implementation, management and monitoring of activities carried out under the agreement; (g) a statement to the effect that both the licenceholder and primary host community agree that any dispute regarding the agreement shall in the first instance be resolved by consultation between the licence-holder and the primary host community representative(s), and if this fails to resolve the dispute, either party may submit the matter for the Minister, in consultation with the local council, to decide, and the decision of the Minister shall be final and binding on the licence-holder and the primary host community. (2) A community development agreement shall take into account the unique circumstances of the licence holder and primary host community, and the issues to be addressed in the agreement may include the following issues- (a) educational scholarship, apprenticeship, technical training and employment opportunities for the people of the community; (b) financial or other forms of contributory Content of development agreement. 108 109 support for infrastructural development and maintenance such as education, health or other community services, roads, water and power; (c) assistance with the creation, development and support to small-scale and micro enterprises; (d) agricultural product marketing; (e) methods and procedures of environment and socio-economic management and local governance enhancement; and (f) other matters as may be agreed. (3) A community development agreement may not address any of the following matters- (a) the imposition of any additional rent, fee, or tax for the benefit of the primary host community; (b) the provision of any passenger car, truck, or four-by-four vehicle to any individual of the host community or to the host community, other than a specialized purpose vehicle such as an ambulance, fire engine, or bus; and (c) the provision of any monetary amount, service, good, or facility for the sole benefit of an individual or single family unit.