Section 35, The Mines and Minerals Act, 2009

(1) The holder of a mineral right shall on demand beingmade by the owner or lawful occupier of any land subject to such rights pay such owner or lawful occupier fair and reasonable compensation for any disturbance of the rights of such owner or occupier and for any damage done to the surface of the land by his operations and shall on demand being made by the owner of any crops, trees, buildings or works damaged during the course of such operations pay compensation for such damage subject to section 34 and section 38 shall be deemed to be adequate compensation for deprivation of the use of land to which such rent relates. (2) In assessing compensation payable under this section, account shall be taken of any improvement effected by the holder of the mineral right or by his predecessor in title the benefit of which has or willinure to the owner or lawful occupier. (3) The basis upon which compensation shall be payable for damage to the surface of any land shall be the extent to which the market value of the land (for which purpose it shall be deemed saleable) upon which the damage has occurred has been reduced by reason of such damage, but without taking into account any enhanced value due to the presence of minerals. (4) No compensation shall be payable to the occupier of a state grant of land in respect of any operations under a mineral right existing at the date of such grant. (5) No demand made in terms of this subsection shall entitle the owner or lawful occupier to prevent or hinder the exercise by the holder of a mineral right of his rights there under pending the determination of compensation to be paid. (6) If the holder of a mineral right fails to pay compensation when so demanded under this section, or if the owner or lawful occupier of any land is dissatisfied with any compensation offered, such compensation may be determined by the Minister on the advice of the Minerals Advisory Board. (7) A claim for compensation under the provisions of subsection (1) shall be made within a period of two years from the date when the compensation became due failing which, not withstanding the provisions of any other enactment, such claim shall not be enforceable. 26 27 Acquisition of exclusive surface rights by holder of a Distribution of surface rent. Compensation for disturbance of rightd, etc.