Mines and Minerals Act (No. 4 of 2011). | Land Portal

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This Act, among other things, recognizes the Minerals Management Board as established by section 214 of the Constitution and provides rules relative to exploration and exploitation of minerals in Swaziland. The Act defines functions and powers of the Board, establishes an office of the Commissioner of Mines and defines functions of the Commissioner of Mines. A distinction is made between small-scale and large-scale operations for the purposes of this Act. The Act also concerns trade in minerals, exercise of rights of grazing and cultivation by the owner or occupier of land subject to a mineral right, protection of the environment and resolution of disputes.Nothing in this Act and no mineral right granted under this Act shall be construed as exempting a person from complying with the provisions of any law concerning rights to use of water or water resources. The Act requires a person to granted a mineral right to comply with environmental legislation. A holder of a mineral right shall not commence large scale mining operations unless in possession of an Environmental Compliance Certificate issued by the Swaziland Environmental Authority. A programme of prospecting operations and programme of mining operations approved under this Act shall include site rehabilitation and mine-closure plans. The holder of a prospecting licence, a retention licence or a mining licence shall provide the Commissioner with an environmental bond. The holder of a mineral right shall notify the Commissioner of the discovery of any radioactive mineral. A mineral agreement may contain provisions concerning the environmental obligations and liabilities of the holder of a prospecting or mining licence. Except after consultation with the Minister responsible for protection of flora, the Board shall not recommend the grant of a mineral right that affects an area that has been specified to be an indigenous flora reserve under the law protecting flora.

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