Section 98, The Mines and Minerals Act, 2009

(1) No small-scale mining licence shall be granted to anapplicant in an area designated under section 30 for artisanal mining (2) No person other than the holder of an exploration licence shall be granted a small-scale mining licence in respect of land which constitutes the exploration licence area or part of the exploration area. (3) No small-scale mining licence shall be granted to an applicant unless- (a) a proposed programme of mining operations is submitted and approved by the Director and is accompanied by an environmental impact assessment licence as may be required by the Minister under subsection (2) of section 131; (b) the area of land over which the licence is sought is not in excess of the area reasonably required to carry out the programme of mining (c) the applicant has adequate financial resources, technical competence and experience to carry on effective mining (d) the application contains proposals for insurance including life and health insurance cover for its employees; (e) the applicant is able and willing to comply with the terms and conditions applicable to the small-scale mining licence; and (f) the applicant is not in material default of any of the provisions of this Act. (4) The Minister shall not refuse to grant a small-scale mining licence on any ground referred to in subsection (3) unless he has- (a) given to the applicant, notice of his intention not to grant the small-scale mining licence giving full particulars of the ground for refusal; or (b) specified in the notice a date before which the applicant may make appropriate proposals to remove the ground for refusal, and the applicant has not, after that date made any such proposals.