Section 141, The Mines and Minerals Act, 2009

(1) A community development agreement agreed andsigned by the authorized representatives of a small-scale or largescale mining licence and its primary host community shall be submitted for approval to the Minister who shall, if the agreement meets the requirements set out in this Part, approve such agreement within forty-five calendar days of it being submitted. (2) If the community development agreement is not approved, the Minister shall notify the holder of the small-scale or large-scale mining licence and the primary host community representative and such notice shall contain the specific reasons for denial and the means or directions by which such reasons may be corrected. (3) The holder of the small-scale or large-scale mining licence and host community representatives may submit any number of revised agreements. (4) If the holder of the small-scale or large-scale mining licence and its primary host community fail after reasonable attempts to conclude a community development agreement by the time the licence-holder is ready to commence development work on the mining licence area, the licence-holder or the primary host community may refer the matter, jointly or individually, by notification to the Minister for resolution, and the decision of the Minister, in consultation with the local council, thereon shall be final. (5) A notification under subsection (4) from either or both parties shall include the draft community development agreement proposed by the party, description of the efforts to negotiate an agreement, issues that have been agreed, issues which have not been agreed, and proposals to resolve issues, and the Minister shall determine the matter within sixty calendar days of such notification. (6) The holder of the small-scale or large-scale mining licence shall provide a copy of the community development agreement approved by the Minister to the Director within thirty calendar days of the date on which such agreement was approved, and the agreement shall be considered non-confidential and available to the public at the Mining Cadastre Office. PART XVII–HEALTH AND SAFETY Approval of development agreement. 110 111