Section 33, The Mines and Minerals Act, 2009

(1) The owner or lawful occupier of any land which iswithin an area that is the subject of a mineral right shall retain the right to graze stock upon or to cultivate the surface of such land in so far as such grazing or cultivation does not interfere with the proper use of such area for reconnaissance, exploration, or mining 24 25 Restrictions on exercise of rights. Restrictions on exercise of rights under a Right to graze stock and cultivate land. (2) In the case of an artisanal mining, small-scale mining or large-scale mining licence area, the owner or lawful occupier of any land within such area shall not erect any building or structure thereon without the consent of the holder of the artisanal mining licence, small-scale mining licence, or large-scale mining licence, as the case may be, which consent shall not be unreasonably withheld. (3) The rights conferred by a mineral right shall be exercised reasonably and so as to affect as little as possible the interests of any owner or lawful occupier of the land on which such rights are exercised consistent with the reasonable and proper conduct of the operations concerned. (4) No holder of a mineral right shall create unprotected pits, hazardous waste dumps or other hazards such as to be likely to endanger the stock, crops or any lawful activity of the owner or lawful occupier of the land covered by such mineral right.