Section 38, The Mines and Minerals Act, 2009

(1) The Minister shall ensure that all owners or lawfuloccupiers of land who prefer to be compensated by way of resettlement as a result of being displaced by a proposed mining operation are resettled on suitable alternate land, with due regard to their economic well-being and social and cultural value so that their circumstances are similar to or improved when compared to their circumstances before resettlement, and the resettlement is carried out in accordance with the relevant planning laws. (2) The cost of resettlement shall be borne by the holder of the mineral right- (a) as agreed by the holder and the owner or lawful occupier of land or by separate agreement with the Minister, or (b) in accordance with a determination by the Minister, except that where the holder elects to delay or abandon the proposed mining operation which will necessitate resettlement, the obligation to bear the cost of resettlement shall only arise upon the holder actually proceeding with the mining operation. (3) Subject to this section, the Minister may take the necessary action to give effect to a resettlement agreement or determination. PART VI–REGISTRATION, RECORDS AND CADASTRE