Mines and Minerals Act (No. 4 of 2011)

4. The Mines and MLncrals Act, 2011 ...... ". ___ .. __ ..... .. ... __ ..... __ ...... _.... ................... Sl o f ) I PUBLISHED BY AUTHORITY ~---- ~~------- ,, .-------.... . - . .. . . ~ - . - -, * U: 1". -. -.,,.,,~-... -: \ SI PARTS

11. Functions of Minerals Management Board TIlE MINES AND MINERALS ACT.20ll (Act No.4 of 20 1l) 12 Powers of the- Board

13. Immunity of members .of Board

14. Privilege from djsclosllre in legal proceedings: I ASSENT 15. Submi5Sion of Repons

16. Establishment of offioe of Commissioner of Mines

17. Appointment of CDmmissioner of Mines MSWATlIII King of Swaziland • 1-8-. functions of Commissioner of Mines i 9. Delegation of functions by Commissioner of Mines 09'" Maroh, 2011 PART III MINERAL RIGHTS ANACf General provisions.(}n mineral rights . ENTITLED

20. Distinction between large-scale- and small-scale operations AN ACT to ronsolidl!le the law on mining and provide forthe management and administration of minerals, mineral oils and incidental matters. 21. Form and content ofm~f]e:ral rights ENACfED b)' the King and Parliament of Swaziland. 22. Restricted areas Arrantemen! ofSecIioIrs 23. Swazi areas PART I PRELIMINARY PROVISIONS 24. Tendering I. Short title and oommencement

25. Conditions attaching to mineral rights

2. Interpretation 2-6. Mineral rights to be exerdsed reasonably

3. Prohibition against C311)ing-on ofreconnaissance, prospecting and mining operations without

27. Registered address licence

4. Restrictions on the acquisition of mineral rights 28. Employment and training s. Duty to lodge mineral rigbts for registration by registrar of deeds 29. Local procurement

6. Power to declare an area reserved for small·scale operations 30. Trnnsfer and assignment

7. Power to declare an area reserved for tendering 31. Preparation of repons PART II 32. Requirement for additional information ADMINISTRATION

33. Priority of appilcations

8. Recognition of the Minerals Management Board

34. Trealment of pending ,,!,plications

9. Di"'lualification for membership

10. Meetings of the Board ~~-. J S3 S4 :5-9. Form of mining licence

35. Categories ofmifleral rLghts relating to large.scale operati OilS 60. Tennofmining licence Reconnaissance Ucences 61, Rights conferred by mining licence

36. Application for reconnaissance 1icences 62. Obligations under mining licence

37. Tenn of reconnaissance 1~cence 63. Record-keeping and reporting

38. Rights conferred by reconnaissance licence 64. Amendment of programme ofmining operations

39. Ob] igatLons under reconnaissance licence 65. Mineral discoveries and amendment of programme Qfmining operations 40, Record·keeping and reporting 66. Cessation, suspension or curtailment of production 4!. Minerals obtained during -course of reoonnai ssance operations 67. Renewal of mtning licence

42. Renev..'alofreoonnaissance licence 68. App[ication for renewal

43. Term -of renewal 69. Term .,frenewal Prospecting Ucarce< Retenlitm licences 44 , Term of prospecting licence 70. Eligibilit)' for grant or retention licence'S

45. Application for prospecting licence 7]. Applicat~on for retention 1kence 46, Rights conferred by prospecting licence 72. Tenn ofretenticn Jivence

47. Obligations under prospecting licence 73. Rights. conferred -by retention licence

48. Mineral, obtained during prospecting 74. Obligations under retentioillicence

49. Record-keeping and reporting 75, Reoord·keeping and reporting

50. Amendment of programme of prospecting operations 76. Requirement to apply for mining licence 5 I. Ron e",al of prospecting Iieence if Minerals agreemertls

52. Term of renewal 77~ Negotiating minerals agreements 53, Relinquishment 78. Tenns of minerals agreements Mining licences 79. Mineral agreements to be consistent with Act

54. Application for mining licence 80. Liability under a minerals "l!fCCIllent SmalJ.JCale operoJio,..

5S. Restrictions in respect of mining licences

56. Consideration of applications 8!. CoIegories<lrmini:n! rights relating to small·scale OpetatiOIlS

57. Treatment of application by holder of prospecting licence

58. Notices of refusal of grant of mining licences r 1 S6 S5 PARTY Prospectbrg permits POSSESSION, DEALINGS, IMPORT AND EXPOIIT OF MINERALS

84. Application fur prospecting pennit Minvul dealer ~ licmct 85, Notices in respecl of applications for prospecttng permits

106. Authorisation to deal in minerals

86. Term of prospecting pennit

107. Application for mineral dealer's licence

87. Rights conferred b)' prospecting pennit lOS. Term of mineral dealer's licence

88. Obi igation, under prospecting permit

109. Obligations under mineral dealer's licence Arming permits

110. Records and reporting •

89. Application for mining permit Ucem:e for 0 Goldsuriths licence

90. Notices in respect of applications for mining permits 11 ]. Authorisation to work pre<:ious minerals

91. Term of mining permit

112. Application for a licence ofa goldsmith

92. Rights conferred by mining permit 11 J. Term oflicence ofa goldsmith

93. Obligations under mining permit

114. Obligations under licence of a goldsmith

94. Renev.'a1 of mining permits Export and import of minua/s PART IV SURRENDER, SUSPENSION AND CANCELLATION 115. Export of mineral, OF MINERAL RIGHTS

116. Import of minerals

95. Withdrawal of appl ications

96. Surrender of mineral rights Surpension and canceUation ,.

97. Approval of surrender 117. Suspension and cancellation PART VI

98. Effect of surrender SURFACE RIGHTS, COMPENSATION AND DISPUTES

99. Grounds for suspension or cancel1ation Owners and occupiers

100. Notice of intention to suspend or cancel a mineral right

118. E"idenc, of mineral right to be produced

101. Effect of sus!?sion

119. Continuing right, ofland owners and occupiers

102. Effect of cancellation

120. Compensation to be paid to o.......ner5 and oetupiers

103. A..ssets on surrender, expiration or can-celiation of a mineral right Sdtienwot ofdi"P"WJ l04. Delivery ofrecords and documents

121. Settlement of disputes in respect of minenal rights

105. Performance of continuing obligations PARTVll PROTECTION OF THE ENVIRONMENT

122. Applicatioo of envlronmontallaws and regulations I"' '.- . . ,~"',.,i (h' ,~'" ~ , S7 123, Submission of project briefs II 58

145. Unauthorised disclosure of information l24. Duties of the Commissioner in respect of the environment : ~; 146. Criminallisbility ] 25. Requirement for Environmental CompJ iance Certificate 147. Liability of managers of bodies corporate

126. Site rehabl litation and mine -closure 148, Defenees I n Environmental bond

149. Documentary .... idence

128. Water rights I SO. Suspension and cancellation of mineral rights

129. Em1ironmentaI guidelines: I:51. Deprivation of monetary benefits PART VI1I 152. Cost of investigation and prosecution • FINANCIAL PROVISIONS PART XI 13 O. Proh Lbition on the disposal of minerals whil e payments outslanding MISCELLANEOUS PROVISIONS 13L Fees 153. [nsurance cover 13 2. Royalties I:54. Radioactive minerals 133, State participation I 55. Notices 13 4. Area rent 156. Indemnity of offi cial s PART IX 157. Prohibition against public officers acquiring interests RECORDS AND REGISTRATION AND MINERAL R!GHTS

158. Commissioner to provide annual report

135. Register of minera! rights I 59. Roc",'ery offees, ro),.It)', rent and cbarges 136, Replacement of originals

160. Regu!ations ]37. Inspection of the register ofmtneral rights . PART XII

138. Commissioner to issue evidentiary certificates REPEAL AND TRANSITIONAL PROVISIONS PART X MONrrDRING, COMPLIANCE AND ENFORCEMENT Powers ofsearch ami inspection

139. General powers ofsearcb and inspection • 161. Repeal of Mining Act !958 ]62. TransitLonal provisions

163. Precedence of this Act SCHEDULES i 40. Power to .search for evi dence of offence PART I Offences ami penalties PRELIMINARY PROVISIONS

141. Unauthortsed reconnaissance, prospecting or mining operations Short title ami Commencement

142. Obstruction of bolder of mineral right 1. (I) This Act may be cited as the Mines and Minerals Ac~ 20! L

143. False or misleading statements (2) Th is Act shali come into force on a date to be appointed by the Minister by notice in the Gazette. !44. Salting ,r S9 SIO Ilf1upntation (b) where S\l ch a right has been lawfully tran sferred or assign ed, means tb e person to whom the right has been lawfully transferred or assigned;

2. In thi s Act,. un less the context otherwise requires ~ "land" inoludes land co\'ered bj' water; "application" means an application for !:he grant, renewal~ or surrender of a mi Ileral right under this Act; "large-scale operation'" means a reconnaissance operation, a prospecting operation, or a mining operation, which is a large-scale operation in accordance with this. Act;. "Board" means the Minerals Managern.ntBoard established under section 214 Qfthe Constitulion; "'lease" means a mining lease entered into under the MiningAct of 19S5; ';';-body corporate'" includes a company, fit111, partnersbip~ munlcipa1 corporation, or other legal person; . . . mine., means - "building materials" includes all forms of rock. stones, gra¥el~ sands, clay? . . 0 lean ic ash or cinder, (a) when the word is used as a noun - an area "Where mining is carried out and includes an or other minerals used fur the construction of buildings. roads, dams, aerodromes or similar \¥Oro excavation or system of excavations: made for the purpose of, or in connection ""ith, and indudes such other minerals. as the MLn [ster rna:y, by notice publl s.hed in the Gazette, decl are the extraction of minerals, as well as an area where a mineral is. won by dredging or • to be bui Iding materials; other means; and "CommissLoner' means the Commissioner of Mines: appointed under section 17 of this Act; (b) when the word is used as a 'Verb - the carrying out of a min Lng operat[on; "company"" means a company incorporated in Swaziland; "mine dump" means any area where mine waste and tail i!1gs are stored, placed, stoekpil ed or dumped; "Constitution'" means: the Constitution of the Kingdom of Swazil and; "'mineral" means a substance fonned by, or subj ect to., a geological process whether in solid, liquid "Em1ironment Authority" means the authority establ [shed under section 9 of the Environment or gaseous form occurring naturally in or Of) the earth and includes any metal! iferous: ore, building Management Ac~ 2002; materials and material that may be used to improve the quality of the $Oi I for agri eu lture but does: not include surface· water or groundwater; "environment" has the same mean ing as specified in the Environment Management Act, 2002~ ''mineral dealings." means- "Environmental Compliance Certificate'!1- has the same me.a:eing as set out in the Environmental Audi~ Assessment and Revi.w Regulations, 2000; (a) bu)'ing mineral,; "'environmen.tal [aws and regulations'!'! means the Environmenta1 Management Act, 2002 and the (b) selling minerals; Environmental Audit,. Assessment and Review Regulations, 2000 and subsidiary legis latiQn made thereunder; (c) bartering minerals; or "excavatLon" means a trench, pit, shaft or open-cast working relating to mining operations.;, {d) depositing or receiving minerals as apT edge or security; and "financial difficulty" in respect of a company or body corporate, means that the company or body corporate - (a) is in liquidation; (b) is the subject ofa subsisting court order for its winding up or di ssolution; Of, • "mineral dealer" has the corresponding meaning:; ''rnineml deposit" means a mass of naturally occurring mineral or minerals; "minerals agreement" means a minerals agreement referred to under section 77 of this Act; . . mineral oi t.,.,. means a co ].ourfess, oi Iy, almost tasteless, water-insoluble 1iq uid. usually of either a (c) has made a composition or arrangement with its creditors that remains in effect; standard light density or a standard heavy density, cons.isling of mixtures: of hydrocarbons: obtained from petro leom by distillation, . "goldsmith'!'! means a manufacturer in gold or other pre.cious minerals or a seller of articles. manufactured of gold or other precious minerals; '"'mJneral right" means a: reconnaissance Hcence. a prospecting·licence, a retention licence, a mining licence, a prospecting pennit or a mining permit; ~holder", in respect of a mineral right that has been granted and registered in acwrdance with this Act - "'"'mtne waste and tai lings:" means the res.idue of mining operations and includes, gravel, :sand, stirne, and other substances discarded in the course of mining ope rat; ons; (a) means the person to whom tbe right was granted; but . . Minister"" means the Minister responsible for mines and minerals; Sll Sl2 "mining area" means the area or areas ofland co-vered by a mining licence or a min ing permit; ''proSpeCting area" means the area or areas ofland covered b)' a prospecttng licence or a prospecting pennit; "mining pennit" means a pennit granted in accordance with this Act that alJthoTLses small-stale mining operations; "prospecting licence" means a 1icence granted in accordance with this Act that authorises large-- scale prospecting operations; "mining licence" means a licence granted in accordance whh this Act that authorises large-scale mining operations; «prospecting operations" means operations carried out to search for and to define the extent of a mineral deposit and to d-etennine its economic value; "mining operations'" means an operation carried out in connection with ;It mine - "prospecting pennit" means a pennit granted in a-coordance with thtS Att that authorises small - {a} to win a mineral from where it oe<:urs; sca[e prospecting operations; (b) to extract a mineral from its natural state; "'public offi-cer" means, subject to section 2.54 of the Constitution, the holder ofa public office and includes a person appointed to act in a publ ic office wno~ in eiEher case, has been appointed (c) to undertake mineral, benefidation; or for the purposes of this Act; (d} to dispose of a mineral or waste substances resulting from, such winning or extraction; "precious minerals" include - (a) pre-ctOtis s.tones. namely agate, amber~ amethyst, cars e)'e, chT)'solite.,. diamond, emerald, gam et, ruby, sapphire, turq uoi se, and an:y other preci ous stones that are • "radioactive mineral" means a mineral wh ich -contains by weight at least one-cv.'entieth of one per cent (O,QS pet-cent) of uranium or thorium or any combination thereof, including, but not limited to~ monazite sand and other ores containing thorium and carnottte, pitchblende and other ores containing thorium. "reconnaissance area" means the area or areas covered by a reconnaissance licence; prescribed; and, "reconnaissance licence" means a licente granted in accordance with tbis Act thirt authorises 1arge- (b) precious metals, namely gold, silver, or other metal of the platinoid group in an un- scale reconnaissance operations~ manufactured state and, any other rare earth metals that are prescribed; "'reconnaissance operations"'" means operations to search for minerals and mineraJ deposits or to "prescribed" means prescribed by this Act or by regulations made by the Minister under thi' Act; test the mineral potential ofland, or both, and includes geoph}'"'Sical sur.'eys, goo-chemical surveys and photo geological or other Iike sur"..e}'s~ "programme of mining operations", in respectofa mtning licence· " register'" means the register of mineral rights required under section 138; (a) means a programme of intended mining operations prepared by the applicant or holder of the licence and approved on the grant or renewal ofthe licence; b"~ "registered address""', in respect of the holder of a mineral right,. means. the address for the time being registered by the holder with the Commissioner in accordance with th is Act; (b) where the programme is amended pursuant to this Act, means the programme as so amended; "regulations. . except where otherv.'i se indicated, means regulati OilS made tmder th~s Act; • "progrannne of prospecting ope:ratlons"~ in respect ofa prospecting licence or a retention licence- "retention area"'" means an area or areas of land that are subject to a retention licence; (a) means a programme of intended prospecting operations prepared by the applicant or '"'retention 1icence" means a licence granted in accordance with !:h is Act that authorlses the licence holder of the licence ard approved on the grant or renewal of the licence; but, hotder to exerctse the rights .set out in section 73; (b) where the programme is amended pursuant to !h is Act, m<ans the programme as so "'small-scale operation" means a pro.spoecting or mining operation that is a small-scale operation in amended; accordance Vrlth this Act; "programme of reconnaissance operatjons"~ in respect of a reconnaissance lic~ce - "Swazi: area" means any land held by the iNg'o'I-'enyama in trust for the Swazi Nation. (a) means a programme of intended reconnaissance operations prepared by the applicanl "unrehabilit:aled insolvent . . means a person who - or holder of the licence and approved on the grant or renewal of the licence; but. (a) has been adjudged or otherwise declared a bankrupt aod has not been discharged; or (b) where the programme i, nmended pursuant to this Act, means the programme as so ameruied; (b) has entered into nn agreement or scheme of composition with his or her creditors and !be agreement subsists; or "Project Brief' has the same meaning as specified in the Environmental Audit, Assessment ard Review Regulations, 2000; S13 SI4 {c} being an j nd ividual, has taken advan tage of a law for tbe benefit of debtors and PowerlOdeclanan area reservedforWJtlering continues to do so. -.

1. (I) The Minister may, with the approval of the Ingwenyama, by order published in the ProhibitJ"" fl/fainst corryUrg-on ofnconnaissturCt, pro.pecting and mining operothJn> without Gazette, designate any vacant area of land to be an area reserved for applications by tender relating to large·scale openations. a Ucerra 3, (1) A perron shall nol carry out recoonalssance operations unless that perron, (2l The Minister shall not designate an area under sub·section (I 1that is the subject of a mineral right if such designation would be incompatible with the continued enjoymenl of that (a) is the holder ofareoonnaissance licence; and righL (b) carries. out the reconnaissance operations in accordance with this Act and the tenns PART I] ADMINISTRATION , and conditions of the reconnaissance licence. (2) A person shall nol carr)' out prospecting operations unless that person - RtclJlfnJtion ofthe Minerals Management Board (al is the holder ofa prospecting licence or permit; and 8. The Miner.ls Management Board as established by section 214 of the Constitution is recognised. (b) tarries out the prospecting operations in accordance with this Act and the terms and conditions of the prospecting Ii cence or prospecting permit and those of 811)' minerals DisqlUliificatiolt for Membm;hip agreement

9. A person sholl not qu.liJY for appointment as a member of the Board, if that person· (3 1 A person shall not carry out mining operations un less that person - (a) is an applicant for, or the bolder of, a mining right; (a) is the holder ofa mining licence or permit; and (b) has a financial interest, either direct or indirect, in any mining operation or in an {b) carries out the mining operations in accordance with this Act and the tenns and applica.tion for a licence; conditions of the mining licence or mining pennit and those of any minerals agreement (o) is an un·rehabilitated insol,'ent; or Restricti.n on acquisition of mineral rights (d) has been comicted by a court in respect of an offenoe involving dishonesty during the 4, (I) A mineral right shall nol be granted under this Act • last ten years. (al to an individual who has not attained eighteen years ofage; or Muting' ofthe &Jard (b) \0 a person who is an un·rehabilitated insolvent 10. (I) Meetings of the Board sholl be held on such dates and at such times and places as the Board may from time to time detennine. (2) A mineral right sholl not be granted to any corporale or legal entity that· • (2 f The Chairperson may at any time on reasonable nonce convene an extraordinary meeting (a) bas not been registered to operate in Swaziland; or ofthe Board. (b) is in finanoial difficulties. (3) The proceedings of the Board shal I be detennined by the Board. (4) The quorum for a meeting of the Board sh.1l be four members one of whom being the Duty to lodge mining licurce fur registration by registrar ofduds Commissioner of Mines.

5. A holder ofa mining licence shall lodge a minerol right with the Registrar of Deeds to be (5) A decision of the Board sholl be by a m.yority of the members present at a meeting ofthe registered as a ,,,,I right Board, and in the event of an equality of votes on any matter, the Chairperson shall have a casting .0Ie in addition to the deliberative vote of the ChairpersOIL l'()1fIeF '" tkdaFf! area reservedfor smJJII-scaie operoJiOnJi

6. The Minister rna)" in consultation with the Land Management Board and the Board, b), order (6) A decision of the Board sholl not be in,'mid by reason of. vacancy in the Board. published in the Gazette, designate any vacant area of land to be an area rese,,'ed exclusively for (7) Iffor any reason the Chairperson is unable to attend a meeting or session of the Board, small-scole operations. the ChaD person shall designate nnother member to represent the Ch.irperson and such offLcer sholl for all intents andputposes be deemed to be so appointed in terms of this section. I ,, Sl6 SIS (8) The appointment under subsection (7) ma), not exceed five days of acl1.ial sittings in any (2) The Board shall. as soon as possible after the end of each financial year, submit a report to the Minister in respect of the discharge of its functions during the past year and the Minister one continuous period of sittings or of one continuous session unless the iNgv.oenyama, by notice published in the government gazette, so appoints such officer for the anticipated longer duration shall lay evel)' such report before both Houses of Parliament. of the absence of the chairperson. E&tIlbJishmmJ (If offict of Commis<Wner ofMines Fwrctjons ofMinerals Maftagement Baard l6. There is estabHshed an office of the Commissioner of Mine~ which shall cons.ist of an inspecto-rate, mine engineers, geoscientists, geologists,. minerals valuators, a minerals marketing I!. (I) The Board shall - body and other offi cers as the Commissioner may consider necessary. (a) .,h·ise the iNgwe"yama on the overall management of minerals. the making of gt8IIlS, leases or other dispositions conferring rights or interests in respect of minera1s and Appotmmeat ofCommisswner ofMines minera1 oils in Swaziland; 17. (I) The iNgwenj'arna shall. subject to the law regulating the appointment of publi C offi cers, appoint a suitably qualified person to be the Commissioner of Mi nes. (b) acting upon any delegated functions given as a result of thai advice. may, gt8II~ renew, amend, 3.C(:ept the surrender of, suspend or cancel a mineral right in accordanee with (2) A person appointed to the po,ition of Commissioner under sub-section (I) shall be a thi, Act; • person who holds tertiary degree quaHfica.tions in mine engineering or in a rehited geo-scientifk discipl ine and has considerable expertise and experience in the mining industry. (c) consider applications including applications for tender for mineral and mining rights; and - Functions ofC{lmmissWner ofMines (d) investigate or cause to be investigated allegation' and determine complaints relating

18. The Commissioner shall • to minjng licences or mining permits. (a) receive applkations for tbe -consideration, assessment and a(h'jce of the Board; (2) A reference in thi' Act to the Board doing any of the things mentioned in sub-section (I)(b) means the Boord doing it in accordance with that sub-section. (b) issue mineral licence, thar have been granted by iN gwenyama under thi' Act Powers ofthe Boord (c) ascertain wbether the provisi ons of this Act and the tenns and conditions of any mineral rights and minera1s agreement are being compiied \\~th;

12. The Board shall have the power to - (0) give directions and take step, necessary to enforce the pro"i,; ons of this Act ard the (a) conduct any investigation, hearing or enquiry into any matter falling within the scope tenns and conditions of mineral rights and mineral s agreement and abate or remove of the functions of the Board; and nuisances; (b) enter upon any mining operation at such times and manner as the Board may deem (e) maintain a Register of Mineral Rights; necessary. (f) obtain infonnation necessary for the administration of this Act; and Immunity ofMember< ofthe Board (g) perfonn such other functions and exercise such other powers as are specifi ed in this

13. No civil or other proceeding shall be brought against a member of the Board in respect of an • act or omission or anything done or omitted to be done in good falth in the performance of the Act. functions of the Board under this Act. Delegation offunctions by CDmmission .. DfMines . Privilege from djsdolfUre in legal proceedings 19. (I) The Commissioner may delegate or assign to a publk officer an)" of the functions of the

14. A member of the Board shall not in any legal proceedings be permitted or compelled to Commissioner under this Act. :. produce or disclose anyoommunication. written oror-al, which has taken place between the Board (2) Notwithstanding the delegation of a function under sub-section (I ), the Commissioner or any member of the Board and the Government or an offioeer of the Government in exercise of may -conti nue to exercise or perform the funttLon. , or in connection with the exercise of the functions of the Board jf the Minister certifies that the production of that communication is not in the public interest. Submissjon ofReports

15. (I) The Board sball, six months afler the beginning of each financial year, submit a "Titren report to the Minister in =pect of the discharge of its function, during the past six months. r SI7 Sl8 1 PART III prospecting or mining operations on an area that has been specified to be a game reserve or a MINERAL RIGHTS sanctuary in terms of any law regulating game. GENERAL PROVISION ON MINERAL RIGHTS (5) Except after consultation with the Minister responsible for protection offlora, the Board sha11 not recommend the grant of a mineral right that authorises reconnaissance, prospecting or Distindion between I.rg.... eal. and .moll-scal. operatUm. mining operations on an area that has been specified to be an indigenous flora reserve under the

20. Schedule I to this Act shall ha"ethe effect to distinguish between small-scale and large-scale law protecting flora. operations for the purposes of thi' Act. (6) Except after the co05Ultation with the body regulating railwa}'s, the Board shall not recommend the grant of a mineral right that authorises reconnaissance, prospecting or mining Fo,m ond CDNeni 0/_,0/ rights operatlons on an area reserved for the purpose of a rai Iway or situated within 100 metres of a

21. (I) A mineral rigllt issued under thi, Act shall be in the prescribed fOI1lL railway under the law regulating railways. SwodA,... (2) The prescribed fonn shall include the- 23. Except after consultation with the Land Management Board and Chief or INdvuna of the local authority of the area where mining is to be carried out,. the Board shall not ~mmend the grant • (a) name and registered address ofthe holder of the mineral right; of a mineral right that authorises reconnaissance, prospecting or mining operations in a Swazi (b) date of the grant of the mineral rigllt; area (e) teon of the mineral right; TeruUri"ll

24. (I) The Minister after consultation with iNgwenyama may designate, by notice published in (d) a description.of the area over which the mineral rigllt is granted; the Gazette, an area of land for tender for tnining operations. (e) the mineral or mineral deposit in respect of which the rigllt i, granted; and (2) The Minister on the advice of the Conunissioner may by notice published in the Gazette see\; teoders for mineral rigllts connected with large-scale operations over the area ofland specified (I) the conditions ",bject to which the rigllts given by the mineral rigllt may be exerdsed. in the notice. RestridedAreos Condidons attaching to mineral rights

22. (l) Except after consultation with the appropriate Minister or authority, the Board shall not recommend the grant of a mioeral rigllt that authorises TOCOnnaissance, prospecting or mining 25. (I) A mineral rigllt may be granted subject to conditions that speci fy the pro"i ,j ons and obligation, that the holder of the rigllt shall compl)' with. operations - (a) in an area dedicated or set aside for a public purpose, other than reconnaissance, (2) The conditions referred to in sub-section (!) shall be detennined by the Board. prospecting or mtning operations; (3) Condition, detenmined under this section may include the - • (b) on an)' land that i, dedicated as a place of burial; (a) protection of the mineral interests; (c) on a place of religious significance; or (b) protection of the en"ironment; (d) on a place that is the site of a public building. (c) pro\'ision for the safetj' of reconnaissance,. prospecting and mining operations and of (2) Except after consultation with the owner or lawful occupier of the area of, where applicable, persons undertaking those operations; and after -consultation with the Minister responsible for the administration ofuiban areas, the Board (d) protection of the lawful interests of any other person who holds. mineral rigllt. shall nol recommend the grant of a mineral rigllt that authorises reconnaissance, prospecting OJ mining operations on an area situated within any town or munidpality declared to be StIch under (e) period of conunencement of operation after grant. the law regulating urban areas. (4) Any condition imposed or conferred shall be endorsed on the licence and shall fonn part (3) Except after consultation with the authorit), or body regn lating national trusts, the Board shall not recommend grant a mineral rigllt that authorises reconoaissance, prospecting or mining of the licence. operations on an area that has been proclaimed to be a national par'< or a national reserve under the (5) Failure to erdorse a condition upon a licence shall not relieve the holder from an obligation law regulating national trusts. in respect of the condition. (4) Except after consultation witb the Minister responsible for tbe administration of game, the Board shall not recommend the grant ofa mineral light that authorises reconnaissance., S20 Sl9 (2) AIl application made under thi, Aot shall be deemed to be incomplete until such infocmlltion Mineral rights 10 be exercised re ..onably as is required by the Commissioner under sub-section {I} has been provided in the prescribed fonn or, in the absence of a prescribed form, in a form determined by the Commi ssioner by 26, The holder of a mineral right shall exerciSe tile rights conferred under tile mineral right reasonably written notice to the applicant. and in accordance with its conditions and this Act. Priority 01tJpJJiicalWns Regis1em/ address 33 (I) This section applies where lwo or more pe",ons not ecting together each make -

27. The holder of. mineral right shall keep and maintain a reg; stered physical and postal addres,. which the holder shall register with the Commissioner, to whicb all -communications and notices (il) an application for the- grant of the same category ofmifleml Eight Qver tbe same area from the Commissioner or the Board to Ole licence or permit holder sha.ll be sent. oftand, or over o'lp'erlapping parts of the same area of land; or Employnwtt and training (b) an application for the grant of mineral rights conferring exclusive rights to carry out prospecting or mi n tng operation s over the same area ofland, or o . . er overl apping 28, (I) The holder of a mineral right shall give preference in emplo)'ment to cruzens of Swaziland parts of the same area ofland. to the maximum extent possible. (2) The holder ofa mineral right relating to large-scale operations shall- (a) conduct training programmes for the benefit of ernp loyee, and local,; and (b) provide an adequate level offunding, having regard to all the cimnnstances. for tile • (2) The Commis:sioner shall assign priority to the appl ication first reed "ed and registered with the Commissioner. rreatnwttofpending appJicaJiolfS

34. The- Board shall extend the tenn of a mineral right that would othen...-ise expi re tbrougb the education of employees in mining related disciplines. efflux oftirne,. "vbere ~ LOCJJI pJ"O<JArenwtt (a) the mineral right is a prospecting licence and its holder is awaiting a-clecision on an application made in accordance ""ith this Act for -

29. The holder ofa mineral right shall, in the conduct of reconnaissance, prospecting and mining operations,. give preference to the maximum extent possible to materials and products made in (i) the renewal of the licence; or, Swaziland and service agencies- located in SwazHand and o-wned by citizen.s, corporatiofls- and other legal -entities im:orporated in Swaziland. (ii) a retention licence- or a mining licence that applies to the \\'hole, or a p-art. of the prospecting area; TrllJJSjer and assignment (b) the mineral right is. a retention liCf:flce and ltS- hotder is awaiting a decision on an 3 O. (I) A purported transfer or assignment of a mineral right, or of a share of such a right, shall be application made in accordance with Ihis Act for - void unless. it has been approved by the iNgv..'en:yama. (i) the renewal of the licence; or, (2) The Board shall not unreasonably withhold or dela)' appro,'al for the transfer or • ass'gnment of a mineral right, or of a share of a mineral right. (Li) a mining licence that applies to the whole,. or a part of the retenti on area; (3) A mineral right shall nol be capable of being as5igned or transferred to a person or to • legal (c) the minerai right is- a mining licence or a mining perm it and its holder is awaiting a entity to which it could nol be validly granted under the provisions of this Act. decision 011 an application for renewal made in accordance with this Act; or PreporadOR ofrepm1S (d) an extension of the tenn of a mineral right in accordance ",ith this section shall cease immediately if an application for an)' of the mineral rights specified in this section is

31. (1) Upon reeeipt of an application for a mineral right, or for the renewal of a mineral right refused. made in accordance with this Act, tbe Commissioner shall, as soon as reasonably possible. submit the application together with a written report on it to tile Board. LARGE-SC!\.LE OPERATION (2) A written report prepared for the purposes of sui>-section (1) shall include the t",,1 of C4tegories ofmineroJ rights relating 10 large-roUe operations an)' minerals agreemenl that has been negotiated, 35 The types of mineral rights that may be granted in respect oflarge-scale operations ore - Requirement of addlJional inlormalion (a) areconna.issance licence;

32. (1) An applicant for a mineral right sball furnish such infonmation as the Commissioner may reasonably require for an applic.tion to be considered b)' the Board. (b) a prospecting licence; S22 S21 0/J//gIlJI0ns undu ,eeolUfllissance Ucence (e) a mining licence; and

39. The holder of a reconnaissance licence shall· (d) a retention licence. RECONNAlSSANCE L!CENCES (a) carry on the reconnaissance operations in accordance with the tenns and conditions of the licence; App/icamm for R.colUflli...m:. Licence {b) submit to the Commissioner quarterl)" or at such other intervals as the Commissioner may determine, geological and financial reports and such other infonnation relating to-

36. (I) An application fur a reconnaissaoce licence shall be mad<: to the iNgwenyoma in the reconnaissance operations as ma:y be prescribed; prescribed fonn. (2) An application for a reconnaissance licence made under sub·section (1) sha! I be (c) report any mineral disco . . ery or discoveries to the Commissioner in writing; accompanied by - (d) notity the Commissioner in writing of the discovery of any mineral deposit of potential commercial value; (a) a proposed costed work programme of reconnaissance operations (b) a costed Project Brief in the prescribed form; (c) a statement of the financial and technical resources .,ailable tl> the applicant tl> carry t (e) no-tify tbe Commissioner in v. . riting of any an:haoologicaJ di:soov(J)t~ (f) remove on or before the end of the tenn of the licence, an)' camps or tempol1ll)' out the proposed reconnaissance operations under the licence and to comply with buildings or installations thaI the holder erected 1.0 carry out reconnaissance operations; and conditions ofthe licence; (d) a statement that specifies the propesal oftbe applicant with respect to employment (g) any other information that the Commissioner may reasonably require for the consideration of the applkation by the t Board. . and training of citizens of Swaziland; (e) a statement that specifies the proposal of the appl icant with respect to the Recortl-kuping and npoT/ing procurement oflocal goods and ,""ices; and 4(), (1) The holder ofa reconnaissaoce licence shall keep at the registered address complete and (I) atl)' other information that the Board may reasonably require f..-the consideration of accurate records Gf reconnaissance operations relating to the licence in the manner prescribed. the application. (2) The reoords to be kept by the holderofa reconnaissance licence for the purposes ofsu1>- section (l) shall include - Term ofl'tWmr.oJss.tmce licence

37. A reconnaissance licence may he granted for. term nol exceeding one year, which ,hal I be (a) details of all minerals disco,'ened; specified in the licence and may be renewed. (b) results of gee·chemical or geo-ph)~ical analysis obtained and compiled by the holder; Riglolsconfured by ~...... ce Ucence

38. (1) The holder of a reconnaissance licence shall enjoy non~xclu'ive rights to undertake rec-onn.ais:sance operations in me reconnaissance area in accordance with the terms and conditions of the licence and the provisions of til is Act. (2) In the exercise of the rights granted nnder sub·section (I), the bolder of a reconnaissance licence rna)', subject to this Act and the terms and conditions contained in the licence . • (c) results of studies, surveys, tests and other work undertaken in th_e area or areas Gf land co,lered b)' the retentiGn licence including any interpretation and assessment of those tests and surveys; (d) financial statements and s.uch other books of a(count as the Commissioner may require; and, (e) such other reports and information as may he prescribed or, "here no such requirements (a) demarCate areas that fall within the 1ioence area; and, are prescribed, as detennined by the Commissioner. (b) erect camps or temporary bui Idings, including installations in any waters that fonn (3) The licence holder shall sub mil the records referred to in this section to the Commissioner part of the area covered by the licence. at such intervals and in such fonn as rna)' be prescribed,. or where no. such fonn is- prescribed, as (3) A person appointed by the holder of a reconnaissance liceree to act as agent of the holder detennined by the CornmLssioner. may exercise the rights of the holder of the licence specified in this section, subj eel to an)' limitations on the powers of the agent contained in the instrument of appoinUnent. S23 524 . (e) a statement thaJ specifies the proposals of the applicant with respect to the Minerals obiained dsuing recomuri.osance procurement of local goods and services; and

41. Minerals acquired in the course of undertaldng rec-onnaissance operations vests in the iNgwenyama in trust for the Swazi Nation including such quantity as may be prescribed fOT (I) any other information that the Board may reasonably require for the oonsideration of sampling, assaying, analysis or other simi I.. examination, shall not be disposed ofby the holder the application by the Board. of the reconnaissance licence witbout the consent of the iNgwenyarna Rigills ",,,ifured by prospecting licence ReMWOI ojrecoMahsanre licence 46. (I) The holder a prospecting licence shall enjoy exclusive rights to carry out prospecting 42 (I) The holder of a reconnaissance licence may apply for a renewal of a licence. operations in the prospecting area covered by the i icence in accordance with the terms and conditions of the licence and the provisions of this Act. (2) The holder of a licence shall lodge an applicatian form for the renewal af a licence at least .. , (2) In the exercise of the rigbts provided under sub-section (I). the holder of. praspooting three months prior to the expiry of the licence. licence may~ subject to this Act and the conditions contained in the li-cence - (3) An application far the renewal of a reconnaissance licence under sub-section (I) shall be (a) demarcate areas thaJ fall within the prospecting area; and made to the Board in the prescribed form and shall be accompanied by the prescribed fee. (4) An applicant for a ren-cwal of a reconnai~ce 1icence shall provide such infonnation as (b) erect camps or temporary buildings, including installations in any waters that form part of the prospecting area. the Board may determin'e to enable the application to be considered. (5) An application for the renewal of a reconnaissance licence shall not be taken to have been (3) A person appointed by the holder ofa prospecting licence to act as agent of the bolder vaiidly made unless and until the requirements of this section have been complied with. may exercise the rights of the holder of the licence specified in this section, subj ect to any limitations on the powers of the agent contained in the instrument of appointment Tenno/_al Obligation. under prospecting Iirence

43. (I) The term of renewal ofareeonnaissance licence shall not exceed six months. 47 The holder of a prospecting licence sball . (2) A reconnaissance licence shall not be renewed more than twice, (a) commence prospecting operations within three months of the date of the grant of the prospecting Iicence or such other period as may be agreed "ith the Board in writing; PROSPECflNG LICENCES (b) undertake prospecting operations in accordance with a programme of prospecting Term o/prospec1ing licenre operations appro . . ed by the Commissioner; 44 The term of a prospecting licence shall not exceed one year and shall be subject to a renewal. (c) ensure that the amounts specified in the prospecting lioen<e ale expended in the course of undert:aking prospecting operations; Application /OT Prospecting Licence • (d) notilY the Commissioner of the discovery of any mineral deposit of potential

45. (I) An application for a prospecting licence shail be roade to the iNgwenyarna in the prescribed oommen::iall'alue; fonn. (e) comply w<th the cond [(ions contained in any applicable Environmental Compliance (2) An application for a prospecting licence made under sub·section (I) shall be accompanied Corrin calf; by. (I) comply with the terms and conditions of the licence and any applicable minerals (a) a proposed costed wark programme of prospecting operations; agreement; (b) • casted Project Brief in the prescribed fonn; (g) notify the Commissioner of any archaealogical discovery; and, (c) a statement of the financial and technical resources available to the applicant to carry (h) repair or make good any damage caused to the surface of the land to the satisfaction out the proposed praspecting operations under the licence and to comply with of the Commissioner. conditions afthe licence; M'mual. Dbtained during prospectillg (d) a statement that specifies the proposals of the applicant with respect to emploYIDe!lt and training of citizens of Swaziland; 48;. Minerals acquired in the course ofundertaking prospecting operations vests in the i.~'g1.·ienyama in trust for the Swazi Nation including such quanttty as may be prescribed for sampl ing. assaying, 525 S26 analysis or other simi far examination, shall not be disposed of by the holder of the prospecting (f) particular.; of the programme of prospecting operations that the applicant proposes 1icence without the consent of the iNgwen)rarna. to carry out during the renewal period; and (g) a plan identifYing the area ofland in respect of which renewal of the licence is sought. ReeoNl-keepi"ll and repoTWtg

49. (1) The holder of prospecting licence shall "keeP at the registered address, complete and (5) An applicantiol the renewal of a prospecting licence shall pro"ide such further infonnation as the Board may reasOOably require for the application to be considened.

3.C(:urate records of prospecting operations relating to the licence. (2) The records that shall be maintained by the holderfor the purposes of sub-section ( 1) (6) An application for renewal ofa prospeering licence shall not be regarded as having been validly made unless and until all ofthe requi rements identified_ in this section have been complied shall include details of - with. (a) cores and samples obtained in the exercise of rights ccnferred under the prospecting licence; Term ofRorewai

52. (1) The tenn of renewal of a prospecting Iioonce shall not exceed one year and shall be (b) the minerals discovered; specified in the 1icence. (c) the results of geochemical or geophysical anal)"sis obtained and compiled by the holder; ~ (2) A prospecting lioence may not be renewed more than tv.;ce. {d) financial statements and such other books: of account as the Commissioner may Relinquislrment require; and

53. (1) Un less the Board agrees that a smaller area rna)" be relinquished, the size of the prospecting (e) such other reports and information as may be prescribed or otherwise determined by area specified in a lioenoe shall be reduoed upon renewal b)" - the Commissioner. (a) fifty percent (50%) of the prospecting area upon first renewal; and A mendmenl ofprolfNU"l"'! ofprospet:dng operadons (b) twemy-five perceot (25%) of the remaining prospecting area upon the second renewal,

50. The holder ofa prospecting licence may seek amendments to the approved programme of and any area ofland that is covered by a retention licence or a mining! icence shall be prospecting operations by application in the prescribed fonn to the Board. omitted from the prospecting area upon renev.o-al of the licence. (2) Tho holder of a prospecting licence shall designate the area or areas to be rei inquished in Renewal ofprospecting iicerrce the appl ication for renewal made under sub·section (I).

51. (I) The holder ofa prospecting licence may apply for a renewal of a licence. (3) If the applicant for a reoewal of a prospecting licence fails to designate the area or aneas (2) The holder of a licence shall lodge the application fur the renewal of a licence at least three to be relinquished, the Board shall detenmine the area or aneas to be relinquished, ha.ing regard to monlhs prior to the expiry of the licence. the recommendations made by the Commissioner. • (3) An application for the renewal of a prospecting licenoe shall be mede to the Board in the (4) The Board may on the recommendation ofthe Commissioner, in considering an application prescribed fonn and shall be accomp"" ied by the prescribed fee. fur the renewal of a prospecting licence, waive the requirement to relinquish part of the area specified in the 1icence. (4) An application made in acccrdance with sub-section (2) shall be accompanied by - (5) Compensation shall not be payable under this Act in respect of the relinquishment ofan (a) a statement of the term for which renewal is ""ught; area or areas of land that is required in accordance with this section. (b) • report on the progress of prospecting operations "p until thai date; MINING LICENCES (0) a revised costed Project Brief in the prescribed funn; AppJicaticm for mining Ucence (d) a statement of costs so far incurred in the ccurse of undertaking prospecting operations; 54. (1) An application for a mining licence sball be mede to the iNgwenyama in tbe prescribed form. (e) a statement of the financial and technical rcoources available to the applicant to carry out the proposed prospecting opemtion. during the renewal period and to oompl)" (2) An application made in accordance with sub-section (1) sholl be accompanied by the whh condmons of the Ucence; fullowing- S28 S27 . (I) the proposal of the applicant "ith respect to ernplo)'JIlent and training of citizens of (a) a proposed programme of mining operations, that shall outline- mine forecasts. and Swaziland is acceptable; operation plans.; . (gl any other infonnatton that the Commissioner- may reasonabl)· require for the (b) a proposed programme of options fOT minerals beneficiation or ,alue addition; consideration of the application by the Board; and (c) • costed Project Briefin the prescribed fonm; (h) tbe proposal of the applicant with r<spect to the local henefication and "Iue addition {d} a statement regarding the mineral deJXl'sits in the area of land o\'er which the li-cence is of mineral, is acceptable. sought thai indudes details of alilmown minerals as well as possible mineral resou"",S; (2) The Board shall not recommend the granting of a mining licence that would confer a right to work. a mine dump on land tba.t is the subject of another mineral right unless. - (e) a statement of the fmandal and technical resources "allable to the opplicant to carry out the proposed mining operations and to romp ly with conditions of the licence and (a) the holder of that other mineral right has been gi,en a reasonabl< opportunity to the requLrements of this Act; comment on the appl ication; and, (I) a statement that specifies the proposal oftbe applicant with respect to employment (b) the Board has satisfied itself that the holder of the other mineral rigbt would not be r and training of -citizens ofSwa..z.iland~ su hstantially disadvantaged ifthe mining 1icence were to be granted. (g) a statement that specifies the proposal of th.> applicant with respect to contmunit;, (J) Where sub-section (2) applies, the Board rnay • development; :1 "l~ (a) impose special conditions in a mining licence to work a mine dump; and (h) a statement that spedfies the proposal ofthe applicant with respect to the procurement of local goods and services; and (b) amend the existing mineral right to impose new t<nms and conditions, for the purpose of ensuring that the operations perm tued under the mi neral rights concerned can (i) any other infonmation that the Board mil)' reason'" ly require for the consideration proceed with the minimal disturbance to the operations. of the other. of the application. Treatment of application u,' holder ofprospecting lkence Restrictions in respect ofmining licence ., 57. Where an applicant othe["VI.'jse fulfils the requirements for the granting of a mining licence

55. The Board shall not recommend the grant or grant a mining licence in respect ofland that i, the specified in thi, Act, the Board shaJl recommend the grant a mining licence to an applicant who· subj ect of a subsisting prospecting licence, a retention licence, or a mining Ii-cence unless - i (a) is the holder of a prospecting licence or a retention licence; and, (a) the applicant is the holder of that licence; or, (b) has given notice to the Commissioneroftbe disco\'ery of minerals in or on land that (b) the applicant is applying for a licence to work a mine dump in or on the areas or areas covered by an existing mineral right but not to undertake any other mining operation is the su bj ect of the prospecting Ii-cence? or in respect of rni neral s to which the prospecting Iicence relates. on the land. • Notices of rifllS'" ofgrant of mining licence Consideradon of applications

56. (1) The Board shall not recommend the grant of a mining licence unless it is satisfied that· 58. (I) An applicant for the grant of a mining licence shall not be refused on the ground that the applicant bas failed to fulfil a requirement of this Act for the grant of the licence, unless • (a) the area of land over which the mining licence is sought is reasonable ha,ing regard to (a) the Commissioner has gi,en notice to the applicant of the intention of the Board to tlte proposed programme of mining operation, of the applicant; refuse to recommend the granting of the licence, specifying the grounds forrefusal (b) tbe appl icant has adequate Iinancial resources, technical competence and mining and, specifying a period within wbicb the applicant may make an appropriate proposal industry experience to carr)' on the proposed programme of mining operations; to correct or remedy the ground for the intended refusal, and (b) the applicant has not, within the period specified in the notice made a proJ'OsaI to the (c) the applicant bas submitted a project brief in the prescribed form; satisfaction of the Board. (d) the proposal of the applicant witb respect to the procurement of local goods and (2) Where the ground or grounds for the intended refusal is incapable of being remedied, the services are acceptable; applicant mal', instead of making an appropriate proposal within the specified period, show (e) the proposal ofthe applicant with respect to community de,e\opment is acceptable; cause, to the satisfaction of the Commissioner, ..."hy the application should not be refused. SJO S29 {4} The holder of a mining 1icence may appoint a person who may act as an agent of the Form of mini"llilcence holder and thereby undertake the operations spedfLed in t11 is secti 011.

59. A mining licence issued under this Act ,hall be in the preI>Cribed fOM and shall include - ()biigoliolfS under mining licence (a) the minerals deposits in respect of which the licente is granted; 62. The holder of a mining licence shall- (b) a plan ofthe mining are.; (a) conduct mi:n Lng operations in accordance with standards of good mining practi ce and in comp] iance with the pro gramme of mi ning 0 peration s approved by the (c) tbe conditions to be complied with b), the holder ofthe licence; Commiss.ioner, (d) the programme of mining operations approved b)' the Board; (b) demarcate and keep demarcated the mining area in the presCfLbed manner: (el the plan approved by the Board in respect of the procurement of loca\ goods and (c) comply with the tenns and conditions 'pecified in the licence; services; _(d) comply with the tenns and conditions -contained in any app(icable Environmental • (f) the plan approved by the Board in respect of proposals for community development; Compl ianoe Certificate; and, (e) notify the Commissioner of the disco".'ery of any mineral deposit; and, (g) the plan approved b)' the Board in respect of the emp\o)'ment and training of cltizens of Swaziland. (f) notif), the Commissioner of any archaeological discovery. Tum o/mirdng Ucence Reconi-keeping and reporting

60. The term of a mining licence shall not ex<Oed twenty five years or the forecasted life of the 63. (I) The holder ofa mining licence shall keep full and accurate records of mining operation, mine. whiche . . er is. the shorter, and shall be subject to a renewal and specifIed in the licence. r-t::lating to the licence in the manner prescribed. Riglrls conferred by mining licenCe (2) The record, to be kept by the holder of a mining licence for the purpo,es of ,u 1>-section (I) shall include -

61. (I) The holder ofa mining licence shall enjoy the exclusive right to mine the minerals specifIed in the licence- in accordance ""ith the terms and conditions of the 1icence. (a) details of.1I minerals discovered; (2) Notwithstanding sub-section (1)- (b) results of geo-chemical or geo-physical analysis obtained and compi led by the holder; (a) the enjoyment ofthe exclusive rights specified in sub-section (I) may be made (c) results of studies, sur..'e),s, tests and other work undertaken in the area or areas of subject to the rights to be exercised by the holder of another mining licence or a land co,,'ered. by the min Lng licence indud Lng an)' interpreta[[on and assessment of mining pennit concerning the reworking of amine dump -on land specified in amining those tests and surveys; • licence; and (h) the holder of a mining licence may be granted the right to work a mine dump that is (d) copi es of all maps, geological reports, sampJe analyses, aerial p~otographs, ceres. logs and tests and otber data obtained and compiled by the holder; and on land specified in another mineral right. (3 l The licence holder shall submit the records referred to in this section to the Cmnmissioner (3) Subject to the conditions of the licence and the termS of any relevant mining agreement, .at such inten'als and in such form as may be prescribed,. or where no .suth form is prescribed,. as the bolder of a mining licence may, in order to ex.ercise the right mentioned in sub·section (i) . determined by the Cornmis.s.loner, (a) enter the area of land specified in the licence .. d take all reasonable measures on or (4) The holder of a minLng Ikence shall also provide to the Cornmisstoner, a copy of an under the surface of the area to undertake the mining operations pennitted by the audited annual financial report at the end of each financial year that 'hows - lioence; (h) erect equipment, plant and buildings to mine, tranSport, dress or treat the minerals (al the profit or loss of the holder for the financial year; and, recovered in the course of those operations; (b) the state of the financial affairs of the holder. (c) dispose of an)' mineral recovered subject to the payment of the required fees and royaUies~ and (d) stock or dump any mine \\'aS1e or tai lings in the manner specifLed in the licence. S31 S32 Amendm.nI'fprog~ ofltdnlng operations Renmal of Itdning licence

64. (1) Subject to the conditions contained in a mining licence, the licence holder mal' appl)', in 67. (1) The holder of a mining licence may apply for the renewal of the 1icence not later than one the prescribed form, to the Board for an amendment to -the programme of mining operations year before the expiry of the term of a mining licence in respect o-f all, or a part,. of the licence area. appro . . ed in respect of the licence. (2) A mining licence shall not be renewed more than once. (2) Th, Commissioner shall, within two weeks of receipt of an application referred to in sub- section (1), submit the application to the Board for consideratioo. Appllcation for relWWal (3) If the Board rejects the application referred to in subsection (I), the Commissioner sball 6&. (1) An application for the renewal of a mining licence shall be made to the Board in the provide wrinen reasons fur refusal including whether the proposed amendment would substantially prescribed form and sball be accompanied by tbe prescribed fee. alter the programme of mining operations. (2) An application made under sub-section (I ) shall he acoompanied by - Mineral dhcoveries tmd amendment ".!progra...- of mining operations (a} a statement of the tenn for whicb renewal is sought;. ~

65. (I} This section applies where the holder of a mining licence diS(:o . . ers minerals in the iicence area wbi ch are- not co,"'ered by the licence. (b) a report on the progress of mining operations; to (2) The I icence holder may make an application the iNgwenyama in the prescribed furm to (c) a re"ised costed Project Briefin the prescribed form; have newly di.sco'l,Iered minerals included in the licence. (d) a statement of costs so far incurred in course ofundertak!ng m[[ling operations; (3) An application made under sub-section (2) shall include the documents and material identified in sub-section 47(2) of this Act, in so far as those documents and materials relate to tbe (e) • statement ofthe financial and technical resources aVID lable to the applicant 10 carry newly discovered minerals. out the proposed mining operations during the renewal period and to comply with conditions of the licence; (4) Where the iNgv.'enyama grotts the application it may do so subject to additional conditions (I) particulars of the programme of mining operations thai the applicant proposes to being included in the licence. carry out during the period of ren",,'al; Cessation., suspension or Cflrtailmenl OfpToducdon (g) a plan identifying the area of land in respect of which renewal of the licence is sought; 66_ (I) The bolder of a mining licence shall give the Commissioner notice of any intention the and holder bas to cease, suspend or curtail production from mining operationS- carried out pursuant to the licence_ (h) such additional information as the Commissioner rna}' spoei 'Y. (2) The holder shall give notice of at least - Tum of renewal

69. The terrr of renewal of a mining licence shan not exceed fi fteen years or the forecasted • {a) twelye months if cessation of production is intended; or remaining life of the mine, whiche . . er is the shorter and shall be specified in the licence . (b) six months if suspension of production is intended; or RETENTION LICENCES (c) thre, months if curtailment in produotion is intended. Eligibility for grant of relentlon licence (3) A notice gi\'en under sub-section (2) shall be acoompaniod by a statement tbat sets the technical and econom", basis for the proposed~ssation, suspension or curtailment of production, 70. (I) This section applies where - (4) llpon receipt ofa notice gi,'en in accordance witb this section, the Commissioner shall (al the holder of a prospeCling licence or a mining licence has identified a mineral deposit investigate within me prescribed time the circumstances leading to the h01der takIng the action within the licence area that is of potential commercial significance; and intended and ad vise the Board of the action it ma)' take. (b) the deposit cannot he developed immediatel), by reason of temporary adverse market (5) Subj ect to the conditions contained in the mining licence and an}' applicable minerals conditio~ economic factors or other factors beyond the reasonable -contro1 of the agreement, the Board may approve the action tbe holder intend. to take subjeCl to the holder holder of the prospecting or mining licence. compl)'ing with such conditions as the Board may reasonahl}' determine, (2) Where the circumstances described in SIlb-section (1 ) exis~ the licence bolder may apply for a retention licence. S33 534 (d) remove any equipnuen~ plant or building erected for prospecting operations in the AppUcation for retention licence area specified in the licence;

71. (I) An application for a retention licence shall be made to the Board in the prescribed fonn (e) carry out studies and assessments of the pr-ospects of the commercial exploitation of and shall be accomj>llllied by the prescribed fee. the mineral deposits concerned as may reasonably be required by the Commissioner; (2) An application made in accordance with sub-section (I) sh.1l be accompanied by- (f) (omply with the terms and conditions contained in My applicable Environmental (a) a full study and assessment by independent experts or consultants on the extent, Compliance Certific.te; prospects for recovery and the commercial significance ofthe mineral deposit and-on the rele'''''aIlt adverse market conditions, economical factors, te<:hnical constraints or (g) comply with the conditions of the licence and any applicable minerals agreement; oth er fa(tors that are stated as making it impossible to del-'elop the min-erals or (h) notify the Commissioner of any archaeologicol discovery; and mineral daposit immediately; (i) repair or make good any damage COllsed to the surface of the land to the salisfaction (b) a costed Project Brief in the prescribed form; and of the Commissioner. ~ (c) any additional information that the Board may reasonabl}' require regarding the proposal of the applicant fur prospecting. retention and development of the mineral Record-kuping nn;l reporting deposit. 75. (1) The holder of a retention licence shall keep fun and accurate records of prospecting op ....tions relating to the licence in the manner prescribed. Tem! of retemwn licence

72. The term of a retention licence shall not exceed one year and renewable to a maximum of one (2) The records to be kept by the bolder of a retention licence for the porposes of sub·section year. (I) sball include- Right.< conferred b}' reJ."tUm licence (a) details of all minerals discovered;

73. (I) The holder of a retention licence shall enjoy the exclusi ,'e right to engage in prospecting (b) results of geo<hemical or gro-physica1 analysis obtained and compiled by the holder; operations in the retention area and to apply for a mining licence in respect of the whole or parts (c) results of studies, surveys, tests and other work undertaken in the area or areas of of the retention area land covered by the retention licence including any interpretation and assessment of (2) In the exercise of the rights provided under sub·section (I), the holder of a retention those tests and Stm'OYS; licente rna]" subj ect to this Act and the conditions contained in the licence - (d) financi.l statements and sucb other books of account as the Commi",ioner may (a) demarcate areas that fall within the retention arOll; and require; and, (b) erect camps or temporary buildings, including installations in any waters th.t form (e) such other reports and information as may be prescribed or, wbere rIO such requirements are prescribed, as detennined by the Commissioner. ; part ofthe retention area. (3) The licence holder sholl subm~ the records referred to in this section to the Commissioner (3) A person appointed b)' the holder of a retention licenee to act as agent ofthe holder may exercise the rights of the holder of the licence specified in thi s section, subj ect to any limLtalLons at such inten'als and in such fonn as may be prescribed, or where no such fonn is prescribed, as on the powers of me agent contained in the instrument of appointment. determined by the Comrni"i oner. Obligations under retention licence Requinmml U1 apply for mining licence

76. (I) This section applies where the Board is satisfied that it has become technically possible

74. The holder of a retention licence shall • and commercially viable for tbe mineral deposit that is the subj ect of a retention licence to be (a) demarcate the retention area in the prescribed manner; mined during the term of the licence. (h) in the prescribed manner or as otherwise directed hY the Commissioner, backfill or (2) The Commissioner may, by written notice to the holder of a retention licence, require the otherv..ise make safe exca. . alions made during the course of prospecting operations;. licence holder to apply for a mining licence, where the Board is satisfied that the conditions specified in sub-section (i) exist or~ require the holder to give good reasons, before such date as is (c) in the prescribed manner or as otherwise directed by the Commis';oner, permanently specified in the notice, why the holder should not be required to apply for a min Log l; cence. preserve or oIherwise make safe any borebole or mine; S35 S36 (3) Where the holder of a retention licence fails to comply with a notice sc"ed in accordance (a) a prospecting permit; or with ,"!>-section (2), the Board IDlI}' recmnmend to iNgwenyama th< cancellation oflhe licence, .. , . (b) a mining permiL (4) Compensation shall not be payable under this Act where a retention licence is cancelled in accordance with this section. EIJgIbIl/tF nstrictiOll$ln respect of,maJI-scaI. openrtions MINERALS AGREEMENTS 82, (I) Mineral rigbts relating to smaIl-scale operations shall nOl be granted to an app \ieant that is not .. NegoIiaJiftg minerab ggrumenJ. (a) in the caoe of an individu.l, a citizen of Swaziland; or

77. The Board may, negotiate a mineral agreement with an appl kant or the holder of a reconnaissance licence, prospecting licence, a retention I icence,. or a mining licence. (b) in the caoe of a body corporate, a body corgorate in which citizens of Swszil and hold a simple majority of the beneficial ownership of the bod)" Tenru ofmineral ggrumem (2) Where the holder of a prospecting or mining permit becomes a person to whom such a 78, (I) A mineral agreement entered into under this Act may contain tenns relating to the rights permit may not lawfully be granted under this Act, the permit shall be deemed to have been and obligations of me bolder ofone or more reoonna.is:sa:nce licences.. prospecting licences. retention cancelled from the date on which the person became the holder of it, licences or mining licences, or any oombtnation of suc;:h mjneral rtghts. 0) In this section 'citizen of Swaziland' means a citizen b;' descent as provided under (2) A rninera1 agreement may contain~ in particular~ provisions concerning. section 41 of the Constitution of Swaziland Act, 2005. (a) the payment of royalties. taxes. fees and other fiscal impositi<HlS and state participation; Mineral, ManagemenJ Boord exercises de/egtlled powera ofil\'gwenyama (b) arrangements concerning participation in any mining operation, by the iNgwenyama 1l3, (I) The iNgwenyama shall be taken to have assigned to the Commissioner the responsibility to carry out the day..to-<Iay administration of this Act in respect of smal t-scrue operations. in trust for the Swazi nation; (2) Subject to sub-section (I), the Board shall be responsible for the grant. renewal, suspension (c) the circumstances. or the manner in which a discretion conferred under this Act may and cancellation of ntineral rights relating to small-scale mining except for precious minerals. be exercised; which shall be granted by iNgwenyama. (d) subject to any legislative requirements in respect ofth< environment. th< environmental obligation, and liabilities of the holder of a prospecting or mining licence; and (3) Nathing in this section derogates from the perfonnance of the constitutional functions and responsibilities of the Board, (e) procedures for th< settlement of disputes, PROSPECTING PERMITS , Kmerab agreement to be consistenJ with A ct AppiiaztIon for prospecting permi1

79. (I) A term or condition of a minerals agreement that is inconsistent with this Act sball, to the &4. (I) An application fur a prospecting permit shall be made to the Commissioner in the extent of the tnconsistency, have no legal effect. prescribed form and shall be acccmpanied by the prescribed foe, (2) Nothing contained in a mineral agreement shall be construed as absolving a party to the (2) An application made under sub-section (I) sball be accompanied by the following - agreement from any requirement prescribed by law. (a) the full name, citizenship, and address of the applicant; uability WIder a mhreraI ggrument go, Where a mineral agreement relates to a prospecting or mining licence, the licence holder shall (b) details of the mineral or minerals in respect of which the pennit is sougbt; be bound by the teons and conditions of the agreement and they shall be enforced against that (c) detail' of the area in respect of which the permit is sought; bolder accordingly. SMALL-SCALE OPERATIONS (d) particulars of the proposed prospecting operations to be carried out under the permit; SUBDIVISION I - GENERAL PROVISIONS and Categories DfminmJJ righb reIoJiag to sma/J-.caIe operoli6ns (e) • Project Brief in the prescribed form,

81. Mineral rights that may be granted in respect of small-scale operations are - S37 S38 Notice in ,tspect ofapplicoJimzfo,prospecting permit MINING PERMITS

85. (I) An application for • prospecting permit made b}' an applicant who is a citizen of Swaziland .4pJJIk<diM'fo, mining permit shall not 00 rejected unless -

89. (l) An .pplication for a mining permit shall 00 made to the Commissioner in the prescribed (a) the Commissioner has given notice to the appHcant of tile intention of the Board~ form and shall be ocoompanied by the prescribed fee. specifying the ground(s) fur refusal and, spedrying a period within which the applicant may make an appropriate proposal 10 oorrect or remedy the ground for the intended (2) An application made under sub·section (1) shall also 00 accompanied by the following - refusal; and (a) the full name, citizenship, and address of the applicant; (b) the applicant bas not, within that period made a proposal to the satisfaction of the Commissioner. (b) details of the mineral OT minerals in respect of whieb the pennit is sought; (2) Where the ground or grounds for the intended refusal is incapable ofl>eing remedied, the (c) detail' of the area in respect of ""bicb the permit i, sought; applicant may, instead of making an appropriare f'I'Opos.1 "ithin the S]>IlCified period, show (d) particulars of the proposed mining operations to 00 carried out under the permit; and cause. to the satisfaction of the Board, why the application should not be refused. (e) evidence ofthe experience and fmancial resouroes a"ailable to the applicant to conduct Term ofprospeclirrg pemUt the mining operations to be carried out under the penni!.

86. (I) The term of a prospecting permit shall not exceed six months and shall be specified in the permit. Notie< In respect of application for mining permit 9(). (1) An application made by a citizen in the prescril>ed fonn ,hall not be rejected unless • (2) The holder of. prospecting permit may apply for a ren",..1 of the permit up to one month l>efore the expiry of its term. {a) the Commissioner has given notice to the applicant ofth-e- intention of the Board. speci1Ying the ground(s) for refusal and, sped!)ing a period within whieb the applicant (3) A prospecting permit may not be renewed more than twice. may make an appropriate proposal to correct or remed}' the ground for the intended (4) An application for the renewal of a prospecting permit shall be made to the Board in the refusal; and prescribed form and shall 00 accompanied by the prescril>ed fee. (b) the applicant has no~ within thot period made a proposal to the satisfaction of the (5) The term of renewal ofa prospecting permit shall not exceed six months and shall 00 Commissioner. specified in the permit. (2) Where the ground or grounds for the intended refusal is incapable of being remedied, the applicant may, instead of making an appropriate proposal within the specified period, show Rights conferred 1!Y prospectingpennit , cause, to the satisfaenon of the Commissioner, why the application should not 00 refused.

87. The holder of a prospecting permit enjoys the non-exclu,ive right to engage in prospecting operations for the minerals or mineral specified in the perm[t in the prospectmg area. Term ofminiJtg permit

91. The term ofa mining permit shall not exceed two yeara and shall 00 specified in the permit and Obligations under proopeeting pemUt straUI>e subject to renewal.

88. The holder of a prospecting permit sh.ll • Rights cmiferred by mining permit (a) demarcate and keep demarcated the prospecting area in the prescribed manner,

92. (I) Except where provided by sub-section (2), the holder of. mining permit shall enjoy the (b) comply with the tenns and conditions impnsad on the holder by the permi~ exclusive right to engage in mining operations in the pennit area. (c) take aU measures: required to protect the environment in accordance with this Act;. (2) Notwithstanding sub-section (I) • and, (a) the holder of a mineral right may 00 gnanted the right to work a mine dump on land (d) comply with the record keeping obligations set out in this Act or otherwise preseribed. specified in a mining permit; and (e) notifY the Commissioner for any minerals disco . . ered. (b) the pennit holder may be granted the ri ght to work a mine dump that is on land specified in another mineral right. S39 S40 (3) Subject to the conditions of the permit, the pennit holder may, in order to «erdse the (b) the licence or permit in respect of any part of the area specified in the licence or right mentioned in sub-section {I} - j><Rnit, by giving nOlless than three months written notice of sunrender to the Board. {a} enterthe area specified in the permit and take all reasonable measures to carry out . (2) A noticeof~er made under sub-section (I) shall include- mining operations approved by the Board; {a) nit relates to part of the area specified in a prospecting or mining 1icence or a mining (b) erecl on the area temporary buildings and equipment to carry out mining operations; j><nnit, a diagram of the area to be surrendered; and (e) dispose of any mineral recovered subject to the pa)'ment of the required fees and (b) in the case of the surrender of part of the area specified in an)' other mineral right, a royalties; and pion of the area to be surrendered in a manner that is acoeptable to the Board. (d) stack or dump any mine w-aste or tal lings in the manner specified in the permit. (3) A notice of sum:nder made under sub-section (I) shall also be accompanied by all records and reports with respect to reconnaissance, prospecting or mining operations - (4) The holder of a mining permit may appoint a person who is a Swazi citizen to act as agent of the permit holder to undertake the operations specified in this. section. (a) in the area specified in the right; or Obligations under mining pemdr (b) wbere only part of thai area is to be surrendered, in respect of the areato be surrendered 93, The holder of a mining j><nnit shall - (a} conduct mining -operations in accordance with standards of good min ing practice and in compliance with a plan approved by the Commissioner,. (b) demarcate and keep demaroated the mining area in the prescril>ed manner; t AppN>vaI ofsurrender

97. A notice of surrender shall have no effect under this Act unless and until the proposed surrender has been approved by the Board. Effecl ofsu"",do (c) take necessRr) measure' to protect the environment inclnding compliance with the 98, (1) This section applies where - terms and conditions of any applicable Environmental Compl iance Certificate; and (a) the surrender ofa mineral right or part of the area specifLed in a mineral right is (d) oomply with the record keeping obligations prescribed by this Act or by regulations. npproved by the Boord; and Rl!IIEO<'aJ of mining permit ! (b) the period of notice ends. (2) Where the surrender is in respect of the licence or permit, the licence or permit shall be 94. {I} The holder of a mining permit ma), apply for the renewal of the j><Rnit up to three months prior to the expiration of the pennit. li cancelled, (3) Whore the surrender is in respect of a part of the area specified in the licence or j><nmit, (2) An application for the renewal of a mining j><nnit shall be made to the Commissioner in ~ the prescribed form and shall be accompanied by the proscril>ed fee. the Board shall amend the licence or pennit nccordingly. (3) An application made under sub-section (2) shall also be accompanied b)' a revised Project (4) The surrender of a licence or permit or of part of the area specified in a licence or permil does not affect any liability thai the holder of the right has by virtue of the right that is outstanding Brief. , at the time of the surrender. PART IV SURRENDER, SUSPENSION AND CANCELLATION OF MINERAL RIGHTS Grormds for DUpenswn or cancei/alion Withdrawal of oppJlcaIion 99. (1) The Board may suspend orcancel. mineral right iftheCommissioner ad"iso, the Board that the licence or permit holder -

95. An application for a mineral right or for the renewal of a mineral right rna)' be withdrawn by written notice to the Commissioner at any tLme- prior to the applicaJlt receiving notification of the (a) failed to make a payment required under this Act on the date it was due and the approval or rejection ofthe application, pa;ment has nol been subsequently made; Sltrrendo ofmbreral rlghr (b) failed to comply with. condition specified in the right and no nction has been taken to remedy the fai lure; %. {I} The holder ofa mineral right may seek approval to surrender - (c) failed to comply with an obligation imposed on the holder of such. right by this Act {a} the licence or pennit; or, and no action has been taken to remed)' the failure; or ~.-.---~~-- S42 S41 (a) the holder of. mineral right has failed to romp ly with the requirement of a notice (d) made a false statement to the Commissioner or to the Board that is, or was at the time given to the holder in accordance with this section; or~ it was made, material to the gran~ transfer or renewal of the right, as tbe case may be. (b) thi, section does not otherwise apply in respect of a mineral right, the mineral right (2) The Board may 81so suspend or canoel a mineral right if the Commissioner advises the may be suspended or cancelled by the Commissioner giv ing the licence or pennit Board that the licence or permit holder has - holder written notice suspending or canceUing the right (.) committed an offence under this Act or any other law of Swaziland; (6) A notice issued under sub-section (5) shall state- (b) has died; {a) the reason or reasons for the suspension or cancellation; (c) has become of unsound mind; (b) where it ,uspends a mineral right, the date when the suspension starts and the term of the suspension; and (d) has financial difficulties or has become bankrupt; or (c) where it caneel' a right, whether the right is cancelled forthwith or on some other date. (e) has otherwise become ineligible to be a holder of the right. (3) The Board may cancel a prospecting or mining permit if tbe Board detenmines that its Effect ofSU3JWlSion holder has not started the prospecting or mining operation, permitted by the permit within three lOt. (1) Where. mineral right is suspended under thisAc~ the rights enjoyed b)· the holder of months of the grant of the permit n.ccnce or permit shall cease for tbe period of suspension of the licence or penn[t. Nolict of /nw.lion If) $IlSpend o. cancel mineral right (2) The suspension of a mineral right under this Act shall not affect any liability that the holder of the right has bY virtue of the licence or permit th.t is outstanding at the time of the

100. (I) This section applies where a mineral right may be suspended or cancelled because a suspension. licence or pennit holder has either ~ . (a) failed to make a payment required under this Act on the d.te it was due and the Effect of ""nWbJtjon P"J'TIIont has not subsequently been made; 102. The rights conferred upon the holder ofa mineral right in accordance with this Act will (b) failed to comply with • condition specified in the licence or permit and no action has t.enninate upon the cancellation of a m[neral right. been taken to remedy the failure; or, Assets on surrender, apiratiOIt or canuUatWH ofa nti.neral right (c) f.iled to comply with an obligation imposed on the holder of such. right by this Act 103. (I) This section applies where a mineral right is surrendered, expired or is cancelled under and no action has been taken to remedy the failure. this Aet (2) This section also applies where the Board has determined that the holder of a prospecting I , (2) Where a mineral right is surrendered in respect of part ofthe area specified in the right, or mining permit has not started the prospecting or mining operations permitted bY the permit this section applies in respect of th.t area. within ~ (3) The former holder of • mineral right that is surrendered, expires or is cancelled shall (a) three months of the grant of the mining permit; or provide a statement of assets 10 the Conunissioner. (b) one month of the grant of the prospecting permit (4) A statement furnished for the purposes of sub-section (3) shall identify . (3) The Commissioner shail give one month written notice to the holder of the mineral right (al the buildings and fixed assets the former holder intends to remove from the area; and, before taking any action to suspend or cancel the right (b) (bose buildings and fIXed assets that the former holder intends to le.ve in the area. (4) A notice issued under sub·section (3) shall require the holder of the right· (5) A former bolder ofa mineral right that is su"",ndered, expires or is cancelled sh.lI also (a) to mako the payment, to comply with the condition or obligation or to start the notity the Commissioner of an)' potentially hazardous substances. exoo,·.t;ons and buildings operation, as the case may be, within a reasonable time; OJ, erected in the licence area. (b) where this is not possible, to satisty the Commissioner why the right sbould not be (6) The obligations imposed under this section shall be complied with within such period. suspended or cancelled. which may start before the termination of the right, as the Commissioner may direct (5) Where· (7) The Conunissioner may direct the former holder of a mineral right - S44 S43 (a) not to remo.... e a building or any item of fixed machinery the Commissioner considers :. (2) Where a mineral right terminates for whatever reason in respect of part of the area is necessary fur the continued care and maintenance of the area;. and, specified in the right, this section applies in respect of that area. (b) to remove a building or any other item of fixed machinery as specified by the (3) Perfonnance of the obligation may be enforced as iftbe obligation' Commissioner. (0) arose undot. contract mode between the fonner holder of tile right and the Board (S} The Commissioner may also- direct the former hol der to remo\'e or make safe .811)' immediately before the termination of tile righ~ and potentially hazardous substances. bui [dings and excavations - (b) due consideration had been given for its performance, (a) in accordance with a site closure plan approved by the Commissioner;. or PART V POSSESSION, DEALINGS, IMPORT AND EXPORT OF MINERALS (b) in the absence of such a plan, in such manner as the Commissioner may direct, (9) Where- (a) the ronner holder of a mineral right bas stated an intention to remove a building or an item of machinery; and (b) the Commissioner has directed the fonner bolder not to remove the building or item of machinery, , AutlJorisat;on to deIl1 in nrJneralJ

106. (I) A person shall not engage in mineral deal ings, as either principal or agent, except with .and in atcordance ""ith a Iicence of a mineral dealer granted under this Act. (2) Sub-section (I) does not apply to the holder of a mineral right who engages in mineral dealings in minerals lawfully obtained in accordance with rights conferred under a mineral right. the fonner holder of the mineral right shall be entitled to such compensation as may be agreed or, (3) A petSCn who contravenes sub,section (\) commits an offence and shall, on conviction, failing agreement, such compensation as may be fixed by arbitration under this Act be liable to imprisonment to a tenn not exceeding ten years or to a fine not exceeding hundred thousand (E 100,000) Emalangeni or to both, (10) A building or item of machinery referred to in subsection (9) shall vest in thelngwenyama in trust for the Swazi nation. AppBcmWn for mi..erol dealer's licence 107, (1) An application for a licence of a mineral dealer shall be made to the Board in the Delivery ujreaJrds and dOCWfU!III$ .;. prescribed fonn and shall be accompanied by the prescribed fee, l()4, (I) This section applie, where a mineral right is surrendered expired. or is cancelled in (2) An application made under su!>-section (I) shall be accompanied by evidence sufficient accordaoce with this Act. to show that the applicant is in possession o( or commands, suffident working capital 10 ensure "I i that the applicant can carry on the business thar would be pennitted by the I icence for which the (2) Where a minerai right is surrendered, expired or is cancelled in respect of part of the area application is being made. specified in the right, thi' section applies in respect of that area rerm ofmi..erol dealer's licence (3) The fonner holder of the mineral right shall deliver to the Commissioner within the WS, (\) The term of a licence of a mineral dealer shall not exceed twelve (12) month, and shall prescribed period or, if no period is prescribed, witllin a reasonable period - (a) all records and reports which, prim to surrender, expiration or cancellation ofthe mineral right, the fonner holder was obliged to maintain or prepare under this Act; and, t be specified in tbe licence (2) A licence of a minerai dealer may be renev.'ed on application being made to the Commissioner in the prescribed fonn and on payment of the prescribed fee. (b) all plan, ot map' of the area covered by the minerai rigbt prepared by or fur the Obligations under mineral dealer's licence fonner holder, 109, (I) The holder of a licence of. mineral dealer shall not - Per[ormanoe ofcondnui"lf obligations (a) engage in mineral dealings except in accordance with the terms and eonditions set out I os, (I) This section applies where a mineral right tetminaIes because its tenn bas come to an end in the licence; ot for any otller reason and an obligation remains to be performed that has arisen - (b) engage in mineral dealings except with a person who has acquired a mineral or minerals (.J by virtlle of a condition specified in tile mineral right; or lawfully or is otherwise l."fully entitled to deal in the minerals; (c) store minerals except at the place or in the premises spedfied in the licence; (b) by virtue of an obligation imposed by this Act, S45 S46 (d) engage in mineral dealings, as either principal or agent, except allbe place or in the .:: (2) A licence of a goldsmith may be renewed upon an application being made to the Board on premises specified in the licence; or the prescribed form and on payment of the presctibed fee. <e) fail to comply wilb any olber terms and conditions specified in lbe licence. (}blIgoIiolfS wuW /ieeIICt of D g(1/dsmlt/r (2) A person who contravenes lbis section commits an offence and shal~ on conviction, be 114. (I) The holder ofa I icence of. goldsmith shall com pI)' with the terms and conditions of the liable to imprisonment of a term not exceeding one year or to a fine not exceeding ten th&USalld lioenCC· (I O,OOO) Emalangeni or to botlL (2) The holder ofa licence ofa goldsmtth shall keep a register in a form approved for the RWJnis tJ1Ul reptRtbrg pllfPClse by the Commissioner.

110. (I) The bolder of. licence of. mineral dealer shall keep • register of mineral transactions in (3) The holder of • licence of. goldsmdth shall. within 24 hours of each purchase or sale of a form approved for the purpose by lbe Commissioner, articles of commerce cmnaining precious minerals by the holder, record in the register referred to in sub-section (2) the following information in respect of that transaction· (2) The holder ofa licente ofa mdneral dealer shall, within twenty four hours of. mineral transaction record in lbe register referred to in sub-section (I) in respect of that transaction • (a) the naTUre, weight, and price of the articles and precious minerals purchased or sold; (a) the nature, weight, and price of the min~ra1s purchased or sold; (b) the price pald or received for precious minerals; (b) the price paid or received for the minerals; (c) the date of the purchase or sale; (c) the dale of lbe purchase or sale; (d) the name and address of the .... endor or the purchaser Qr consignee. (d) in the case ofa purchase of minerals, detaiis of the authority of the vendor to se\llbe (4) The holder ofa licence of a goldsmith shall del iver to the Commissioner at the end of each minerals; or quarter, details of the information entered in the register by the holder during that quarter in the prescribed form or otherwise in the form determined by the Connnissioner. (e) the name and address of lbe vendor or the purchaser or consignee. (5) A person who contravenes this section commits an offence and shaU~ on conviction. be (3) The holder of a Hoence of a mineral dealer shall deliver to lbe Commissioner allbe end of liable to imprisonment to a term not exceeding one (I) year or to a fine not exoeeding ten (10,000) each quarter, details of the information entered in the register by the holder during thal quarter, Emalangeni or to both. (4) The information delivered to lbe Commissioner under sub-section (3) shan be in the Exponand impon olmJneroJs prescribed furm or otherwise in the form determined by lbe Commissioner. I ! 5. (I) A person shall not export. mineral than in accordanoe with an export oertifLcate granted LICENCE OF A GOLDSMITH by the Commissioner. . (2) The holder of a mineral right or of a licence of a mineral dealer may apply for an export Authorisation 10 work precious minua/s ~ certificate, 111, (I) A person shan not engage in work as a goldsmith or otherwise manufacture any article from any precious mineral or from any substance containing any precious mineral otherwise than (3) An application fur an export certificate shall be made to the Board in the proscribed form in accordance with. licence of a goldsmith granted under this Act. and shall be ""companied by the prescribed fee. (2) A person who contravenes sub-section (1) commits an offence and shall, on conviction, (4) The grant of an export certificate to a person under this Act shall not have the effect of be liable to imprisonment to a term not exceeding one (I) year or to a fine not exceeding ten exempting the person from the obligation to comply with the requirements of an)' other law thousand (lO,OOO) Emalangeni orto both. relating to the export of minerals. (5) A person who conlra>'enes sub-section (I) commits an offence and shall, on conviction, AppIicstion I'" licmce 01 a g(1/dsmlt/r be liable to impr[sonment to a tenn not exceeding one year (1) or to a fine not exceeding ten

112. An application for a licence of a goldsmith sball be made to the Board in the prescnbed form (I O,OOO) Emalangeni or to both. and shall be accompanied by tbe prescribed fee. Import 01mineral. r..... 01 Ucmce 01 a goldsmith 116. (I) A person shall not import minerals except with and in accordance "ith an import . 113. (I) The tenn ofa licence ofa goldsmith shall not exceed twelve (J2) months and sball be certificate granted b), the Board. specified in the licence. S4S 547 (2) An applioatiun for an import certificate to import precious mineral. shall be made to the , PART VI SURFACE RIGHTS. COMPENSATION AND mSPUJES Board in the proscribed form and shall be occompanied by the prescribed fee. OWNERS AND OCCUPIERS (3) Where a person imports precious minerals in accordance with a certificate granted tmder EridtIrC" 01 mlnfflll right to be pnNlured this .section· li8. (1) This section applies to a person who is exercising or is intending to exercise on any land (a) the person shall make a decl_ion before a customs officer regarding the type and quantity of the minerals imported; and the rights granted under a minerai right - (b) the customs officer shall certi!)' the import certificate accordingly. (a) as the holder of the licence or permit; or (4) A person who contravenes sub·seetioo (1) commits an offence and shall. on conviction. (b) as the agent or employee of the licence or permit holder. be liable to imprlsunment to a term not exceeding one (\) year or to • fine not exceeding ten (2) The exercise ofthe rights under a licenc. or permit is subject to the obligation to produc< (10,000) Emalangeni or to hoth. the minerai right if required to do so by a person wbo appears to be the owner or occupier of the SUSPENSION AND CANCELLATION land or the agent or employee of that person. SuspensW1I and C4Rcdlation Continsdng rights "IItmd own.,. and =pi'"

117. (I) The Board may suspend or cancel a licence of a mineral dealer or • licence of a goldsmith 119. A persun who is lIle owner or occupier of land specified in a mineral right granted under this Act may ~ if the holder- (a) fails to make any prescribed pa)ment by the due dale; (a) graze stock on the land; or (b) fails to comply with a condition specified in the licence or an obligation imposed on (b) cultivate the surface of the land. the holder by thisAct and fai Is to take action to remedy the breach within. reasonable l"",'ided that the grazing or cuitivation does not unduly interfere with the operatious that may be lime; carried out on the land by the licence or permit holder in actordance with the licence or permit (c) commits an offence under this Act; Cumpensation to be paid to owners and OCCJI{Jiers (d) made a false statement or supplied false information to the Commissioner. or to a public officer exercising functions under this Act that was, material to the grant of the 120. (1) This section applies where - ljcen~or (a) a person exercises rights conferred by a mineral right; and. (e) dies. becomes of unsound mind. bankrupt. subject to fmanciai difficulty or otherwise (b) tbe exercise of the right- ineligible to hold the licence. (2) Before suspending Of cancelling a licence of a mineral dealer or a licence of a mineral broker (i) distnrbs the rights oftbe o,,"'!ler or lawful occupier of the land; or the Board shall give the holder of the li«nce a written notice requiring the holder- (ii) damages the erops. tree~ buildings. stock or works belonging to the owner or lawful (a) to comply with the eundition or obligation within a reasonable period of time; or occupier of the land. (2) The perscn exercising the mineral right shall pay reasonable compensation to the owner (b) where this is not possible. to show cause within thai period, why the licence should not be suspended or cancelled. or lawful occupier of the land. (3) Any C()mpensation payable in accordance with this section shall be reduced by an amount . (3) The cancellation oh licence of a minera! deaier or a licence ofa goldsmith under this equal to the vaiue of any improvements to the land mode as a result ofthe exercise of the rights section shail not prejndice any liability or obligation incnrred under or in relation to that licence by the licence holder prior to cancellation ofthat licence. conferred und", a minerai right. (4) If the amount of compensation to be paid cannot be agreed by the parties either party may refer the question to the Commissioner who shall determine the amount to be paid in aooondance with this Part. (5) The making of. demand for compensation does not entitle the owner or occupier ofland Ie pnevent or hinder the exercise of a right conferred under a mine ..1righL S49 sso (6) The amount of compensation agreed or determined may be recovered as a debt due to the (8) shall give a determination in respect of a dispute in \IoTiting; and ov.oner Qr ia""ful occupier of the i8lld, as the case may be. {h} may make any order necessary to give effect to the determination. (7) The amount of compensation payable to an owner or occupier of land under this section shaH not be reduced by -virtue of sub-section (3) solely by reason of tbe existence or claimed (9) Any order made under subsection (8) (b) may be registered in a court of appropriate existence of mineral resources on the land. jurisdictiOll and shall then be enforced as an order of that court. SETILEMENT Of DISPUTES (IO) An)' order made under this section is subject to appeal to • court of competent jurisdiction in a.coordance with the laws of Swaziland. SeI1lemm1 oftJjsputesln respte/ of mbwaI rigltl< (II) In the determination of the dispute the Commissioner shall ha"e the jurisdiction of a magisttate's court regardless of the amount or subject matter in\'ol"ed.

121. (I) Thissection applies to a dispute - (a) betv.'een the holder of a mineral right and any other person other than the (JQvemment PART VII or an agency afthe Government that concerns the exercise of rights conferred under PROTECTION OF THE ENVIRONMENT the mineral rigllt; or~ Application of ."vironmemal klws and regulatiom (b) that relates to the amount of an)' compens~tion that is payable to a person by virllle 122. {I} A person granted a mineral right 5hal1 comply with the e",'ironmentalla",~ and regulations. ofthis Part. (2) Subject to the tenns of any minera1 agreement to the contrary, the Commissioner may (2) Sub-section (I) shall not be interpreted as indicating that a right granted pursuant to a enquire into and settle any dispute to which this section applies that is referred to the Commissioner mineral right may be exercised without compliance to any other law relating to the exercise ofthat right and any such law shall be complied with unless a contrary intention is clearl), shown. in accordance with this :section. (3) An appliCaliOll to the Commissioner to settle a dispute may be made by any party to the Submission ofproject brief. dispute and shall - 123. Where this Act requires the provision of a project brief, that project brief shall - (al be made on the preocribed form; and, (a) be in the prescribed form; or (b) be accompanied by a statement setting out a sununary of the dispute. (b) if no fonn is prescribed. be in a funn approved for the purpose by' the Commissioner. (4) Following receipt of the application under subsection (3) the Commissioner shall in"ite the party against whom the dispute is made to set out in summary the response to the diapute Dades oflhe ClJmm1s,ionu in resp«t of the en.irtmnwU as lodged. 124. Where the submission ofa project brief is required under this Act, the Commissioner shall (5) Following receipt of the statements referred to in sub-sections (3) and (4), the -Categorise the project in 3.C(:ordance with the relevant provisions of the env ironmentallaws and Co:m:missioner shaH serve written notices to the parties to the dispute - regulations. (a) stating the matter to be determined; B.tquiremen1for environmentJJI compliance certljiCOle

125. Aholder ofa mineral right shall not commence large scale mining operati ons under this Act (b) naming of the parties to the dispute; tmless and until - (c) setting a place where, and a date and time when, the Commissioner will hear and (a) the Swaziland Environmental Authority has issued an Environmental Compliance detennine the dispute; and Certificate ('ECC'); and (d) inviting the parties to the dispute to attend eimer in person or through an agent who (b) the ECC h as been endorsed by the Commissioner wbere required und er the may, but need not, be legally qualified. environmental laws and regulations. (6) At the hearing ofthe dispute evidence rna}' be given on oath and witnesses may be cross- Site re/rabilitotion and mine ~ examined (7) Subject to the rules of natural justice, the Commissioner shall otherwise determine the 126. (I) A programme of prospecting operations and progranune of mining operations approved proeodure to be followed at the hearing, under this Act shaH include site rehabilitation and mine-closure plans. (2) The site rehabilitation and mine closure plans shall - (8) The Commissioner - ~ !Bi.4-00d':·;~ S52 SSI PARTvm fINANCIAL PROVISIONS {a} be in the prescribed form; or (b) if no form is prescribed, be in a form approved for tile purpose by tile Commissioner. p,oblbilion agailrslthe d/sprna/ of minerai. whUe paymmts are outslandl"8 130, (I) The bolder of a mineral ri ght shall not dispose of any minerais recovered by virtue oftbat Enwrtmmental bmod right unless -

127. (I) The holder of. prospecting licence, • retention licOllce or a mining licence shall provide (a) fees, royaltie;, .,ea rent and otller charges imposed under this Act have been pald; or the Commissioner y.,itb - (b) payment arrangements in respect of any fee;, royalties, area rent and other charges {a} a bond; or have beeu made and approved b)' the Board. (b) some otller form of financial security that is satisfactory to tile Commissioner, (2} ~'here the holder of a mineral right attempts to dispose of a mineral or minerals -contrary that shall bt:- suffident to cover the costs associated with the implementation Qfthe en\'lronmenta1 to sub-section (\) - and rehabilitation obligations set out in tile site rehabilitation and mine-closure plans of the holder (al a title in the property ofthe mineral sh.lI not pass; and of tile licence. (2) The form and 8j1lount of the bond or othe!' securit)' specified in sub-section (I) shall be (b) a person shall nol gain any title to the minerals in any drcumstances. detennined by the Commissioner baving regard to the characteristics of the particular project. Fas {3} The amount secured by the bond or otller finandal security may be reduced by an amount determined by the Commissioner if pari of the environmental and rebabil itation obi igations set J31. The holder of a mineral right shall pa)' all fees prescribed in respect of the right at the out in the site rebabilitation and mine-closure plans are completed during the term of the liceuce. prescribed times. {4} The bond or other financial security specified in sub-section (J) shall be released to the Royalties bolder when all tile environmental and rehabilitation obligations set out in tile site rebabilitation and mine-closure plans have been completed to the sarisfaction of the Commissioner. 132. (I) The holderofa mineral right shall pay to the iNgwenyarna in trust for the Swazi Nation i-I"I a r-oya1ty based on the gross sale 'Ip'aiue of any mineral or minerals obtained Ln operations under the I) {5) A prospecting licence, retention licence or mining licence may not be granted under this mineral right and sold by the holder in the manner prescribed. Act unless and until tile applicant for that licence has pro"ided a bond or other fmancial securit)' (2) Pa)'ment of royalty shall be accompanied by a slaterneut in the prescribed form that to the Commissioner in ac<:ordance with this section. includes details ofth' gross production figures, gross sale fogure;, wheu the minerals were sold, to whom they were sold and the price at which they were sold, Waler rights

128. Notlling in this Act and no tight conferred under a mineral right granted under thi,Act shall I (3) A statement under sub-section (2) shall in addition contain details of all mineral' that ~ be construed as exempting a person from complying with the provisions of any 1aw go . . ern.ng were disposed of otherwise than by sale_ rights to use of water or water resources. (4) If the Commissioner is satisfied that any minerals were sold or disposed of othe,",'ise than in an arms---Iength transaction, the Commissioner shall determine the gross sale 'Value of the Environmental gulrkJines minerals so sold or disposed of and royalty shall be paid by reference to the amount so determined. i 29. (\) The Commissioner may, in consultation with the Swaziland E",'ironmental Authority, publish euvironmeutal guidelines relating to reconnaissance, prospecting and mining operations. (5) This section does not apply to minerals or mineral samples tIlat were acquired by tile ho1der of a minera1 right solely for the purpose of assay, anal.ysis or techni-cai examination. (2) Guidelines pubiisbed hy the Commissioner under sub-section (I) may he used as evideuce (6) A different rate of ro)'all)' and a different royall)' valuation metllod may be prescribed in that the guidelines - the case of building materials to which tIlis section applies, and shall be applied in respect of such (a) were complied with, which may be used to sbow compliance with an)' provision of mllIerial. tIlis Ad; and (/) The iNgwenyarna may reduce or temporarily suspend the ro)'alty pa)'able b)' the holder (b) were not complied with, which may be used to sbow non-rompliance with any of a mtning right once mining has started in accordance with that right if an economic case is. made by the bolder. to the satisfaction of the Commissiofler, to justify !he relief being gi "e_n. provision of this Act. (8) In this section - 554 553 (b) may he cancelled if the hoi der of the licence or any other person enters into an (a) "gross sales . . alue .. means the saJe . . alue recei vab Ie at the point of sale fur the mineral ammgement, .agreement or understanding the intent or effect ofwhicb is to defeat the on disposal in an arms-length nan saction wtth-OUl di scounts, -commi ss.ions or intention of sul>-section (1) and (2) unless an alternative arrangement or agreement is dedLlCtions; entered into that will achieve the same result. (b) "point of sale" menns - A_rental (i) tile mine gate for domestic sales when f,rst extracted from the mine site; 134_ (J) The holder of • prospecting_ retention or a mining licence shall pay rent to the iNgwenyama in respect of the area specified in the licence as prescribed. (;;) tile plant gate for minerals sold after beneficiation for the first saleable mineral product; (2) The rental payahle under sub-section (1) shaU become due upon the grant and on each (iii) the point of export for minerals which are exported; annivers&'J" of tile grant of the licence. (e) "arms-length transaction" moans a sale transaction in t!>e open marl<et where the PART IX purchase prioe for tile sale - RECORD5 AND REGISTRATION AND MINERAL RIGHTS (i) is not influenced by any special relationship or otller arrangement between tile Register of ..unerol rights parties to the transactjon~ and I J 5_ (J) The Commissioner shall mainlain a register called the Register of Mineral Rights_ (ii) is not affected by any non-commercial oonsiderotions including. in particular_ any ! barter, swap, exchange, or transfer price arrangements or restricted transaction (2) The Commissioner shall enter into the register details of all applications, grants, that is associated with special financial, commerd.al or other considerations. assignments,. O'3J]sfers, noti~s, SIlmnders, and any suspension and cancellation of mineral rights. II SUJle partidpaJlo" (3) Where the Commissioner is satisfied tbat a mistaloe has been made or that a matter has boon incorrectly entered in the register, the Commissioner shall rectify tile error by correcting tile 133 _(I) The iNgwe"Y"ma in trust for the Swazi Nation shall acquire 25% shareholding v.ithmJl mistake or incorrect entry_ any monetary -consideration in a large S1:a1e mining project for which a minmg licence is granted. (2) 1he share interest arrangement specified in sub-section (I) is w<thou! prejudice to tile Rtploamenl of originals obligation that the Government sball acquire 25% shareholding without any monetary oonsideration 136_ (I) This section applies where tile Commissioner is satisfied that an original of a document in a large sca1e mining project for which a mining licence is granted. OT instrument that evidences a right granted under this Act has been lost or destroyed or has been rendered iIlegible_ (3) The share interest acquired by tile Government under sub-section (2) shall be distributed ;"'(2) The Commissioner, at the request of the holder of the document or iostrumeut referred as follows- to in subsection (1) and on payment of any prescribed fee, shall- (a) fifteen percent (15%) ofthe share interest shall be maintained in an appropriate fund or other finaocial meehanism established aud administered by the Government for the 1',' (a) prepare a copy of that document or instrument; purpose of providing investment op]:Hlrtunities to- citizens; and (b) certify tile copy of that document or instrumeut to be a copy of the original; (b) leU percent (IO%) of the sbare interest shall be acquired by any person who is a A~ . citizen of Swaziland as defmed in section 82 (3) or registered in Swaziland at a fair (c) send the copy of that document or instrument to the holder of the right; and, market value to be determined by the Minister in a manner prescribed by regola!ions, (d) enter details in the register_ (4) The Government may, from a fund under subsection (3), lrupectio" ofihe regist"",jmJnerai rig~ts (a) acquire and supply minerals to local beneficiators; or 131_ 1he register of mineral rights shall be available for inspection b), any meruber ofthe public (b) acquire minerals from otller mineral producing countries, at all reasonable times on payment of the prescribed fee, in a prescribed manner. CommIssWner to 00.. evh/orIitlry cel1ijic<r1e< (5) A mining licence granted under tIlis Act- 133_ Upon the payment of the prescribed fee, the Commissioner may iSsloe an evidentiary oestificate oertifying that - (a) bas no effect until the share interest arrangement provided for by sub-section {I} and (2) has been put into place; and S56 S5; (2) A person who contravenes sub-section (1) commits an offenoe and shall, on conviction, (a) a mineral right was grnnted, tranSferred, suspended oroance!led on the date specified in the certificate; be liable 10 imprisonment fOT a term not exceeding ten (I O} years or to a fine not exceeding one hundned thousand (E 100,000), Emalangeni or to both. (b) land was or was not specified in a mineral right on a date specified in a certificate; (3) Minerals obtained in the course of the commission of an offence under sub·section (I) (e) a minoral specified in a certificate was the subject ofa minoral righ~ shall be forfeited to the Government upon conviction of an offence undet this section, (d) a person named in a certificate is the holder of a mineral right or was that holder on a O/!sIrIIdWft DIholikr Dlmlneral right date specified in the certificate;

142. (1) A person ~l no~ withou~ reasonable or la",ful excuse, prevent, obstruct or hinder the (e) a oondition is specified in a mineral right or was so specified on a date shown in a bolder of a mineral nght from carry-mg out an act that tbe holder LS authorized to carry out· certificate; (a) under the tenus of the mineral rigbt; or (I) the land specified in the certificate that fonned part of the land specified in a mineral right was on a date also specified in the certificate surrendered b)' the holder of the (b) by virtue of being the holder of another mineral right. mineral right. (2) A person who contra'lp'enes sub-section (I) commits an offence: and shall, on conviction, . rART X be liIibIe to imprisonment to a term not exceeding one year or to a fine not exceeding ten (E 10,0(0), MONITORING, COMPLIANCE AND ENFORCEMENT EailIangeni or to both. ~:, General ptIlf'ers 01search ami inspection hiH or mislwding s/atenu!n1S

139. The Commissioner or a public offiter or expert authorised by the Commissioner to do so, , "143. (I) An applicant for a mineral right or the holder of a mineral right shall not knowingly make may as prescribed under regulations and at any reasonable time - a false or misleading statement made under this Att that is material to the assessment or appro . . aI 'If'" application. (a) enter, inspect and examine any land on which reoonnaissance, prospecting or mining openations are being conducted or land that is specified in a mineral righ~ '. (2) An applicant or holder ofa mineral right shall not knowingl), include false or misleading infoimation in a report, notice or other document submttted in ac-cordance with this Act. (b) enter a registered address or any -other area. structure, 'Vehicl-e~ vessel~ aircraft or building that, in the opinion of the commissioner or public officer has been or is being (3) A person who contra,'enes sub·section (1) or sub-section (2) commits an offence and used for or in connection with reconnaissance. prospecting or mining operations; shill, on conviction, be liable 10 imprisonment for a tonn not exceeding ten (10) years or 10 a fine nO/l exceeding one hundred thousand, (E I 00,000) Emalangeni or to both. (c) examine, inspect and take copies of accounts, vouchers, documents, map .. drilling logs, or records of any kind relevant to the operations authorised by • mineral righ~ Salting (d) exercise MY powers necessary or expedient to the administration ofthis Par!. 1.44. (1) A person shall not - ,. p"",., w search lor evidence olo/fence , ;:.~ (a) place or deposit materia! in a place with the intentLon ofmis!eadinganotner person as . to the mineral possibilities of that place; or

140. (l) This section applies where the Commissioner or • public officer authorised by the Commissioner has reasonable ground. to believe that evidence relating to the commission of an (b) manipulate a sample of ore SO 0510 enhance the value of that ore or in any wa), change offence under this Act is located on any land. premises, vehicle or aircraft. the nature of the ore with the intention of deceiving or defrauding another person or contravening a provision of this Act. (2) The Commissioner or the pub lie officer may pursuant to subsection (I) at any time enter the land, premises, vehicle or aircraft and search for and take control of the evidence. (2) A person who contravenes. s.ub-section {l) commits an offence and shall, on conviction,. be liable to imprisonment for a term not e~ceeding fifteen (IS) ),ears or to a fine not e~ceeding one OFFENCES AND PENALTIES hundred and fifty thousand (E 150,000) Emalangeni or to both, UMUJhorised rwm..mssanoe, prospecting or mining operotjons U_Iwrlsed disclOSJtTe olinlormoJion

141. (I) A person shall not engage in reoonnaissance, prospecting OJ mining operations except 145. (1) A person shall not disclose infonnation pro"ided bj-' an applicant for a mineral right or with and in accordance with the pro\'isions of this Act and the termS and conditions ofa mineral the. hOlder ofa mineral right in -compliance with tbi s Act ex-cept in accordance with this Act or V.1th right and any relevant minerals agreement. the eonsenl of the applicant for or the holder of the mineral right. SS8 S;7 management ofth.t body corporate, to show that all reasonable steps werelaken to prevent such (2) A person who oontra'enes sub·section (I) commits an offence and shall, on conviction. failure to campI)' with the terms and conditions ofa mineral right by the body corporate. be liable to imprisonment for a term not exceeding one (I) year or to a fine not exceeding ten thousand (E I 0,(00) Emalangeni OTto both. Defences (J) s"~section (I) does not apply to any disclosure for· 148. (I) Exoept as otherwise specified in thi' Act, in any prosecution under this Act, it is • defence for • person charged to prove thai the person took all reasonable precautions and exercised (a) the administration of this Act; all such diligence to prevent the commission of the offence as oughtto have been exercised by that person having regard to the circumstances of the case. (b) monitoring or enfor<:ement of this Act; (2) It is not. defence to • charge under this Act th.t the defendant was rendered unable to (c) legal proceedings underthisAct; oomp ly by an act or an omission oftbe defendant that wou1d have constituted a oontra:... ention 6f (d) the preparation of Government statistics, taX; or, thi' Act Documentary .-.Ilk""" T (e) making the information available to an officer or a consultant engaged by the Go . . emment who bas been authorised to recei. . e the infonnarion for the admjnistrat~on 149. In an)' proceedings under thi' Act or the regulations, an official document that purports to of this Act iiC- signed by the Minister or the Commissioner, including an e. . identiary certificate.. shall be ~,,'ed in evidence as proof, in the absence of evidence to the contrary, of the facts stated in the Criminal UabUiIy .-~ent without proof of signature or position of the person appearing to have signed or

146. A person who aids. abets, counsels or procures another person in the oommission of an 'co:tified the document, offence under this Act commits an offence and shall be liable in the same manner as the principal SttrpeIWon and C4llceUation 0/ minerol rights offender. , Upon the application of the prosecutor, any court thai convicts a person of an offence under l~ UabiUty o/"",,,,,g'" 0/ bodiD corporate ~Act may suspend. amend or cancel any licence or permit issued to that person under this: Act

147. (I) ""'here a body corporate conanits an offence under this Act, "'eT)' director Of partner and any other person concerned in the management of the body corporate conanits the offence ( ..hea",ns shan be given for that decision. , DlJril'Olion o/monl!lary benefits and thai offender shall upon conviction, be liable in the same manner as the body oorporole to the penalty provided fur th.t offence. 1'1.· A court that convicts a person of an offence under this Act shall summarily and without pJildii,gs inquire into the monetary benefit acquired or saved by the person as a result of the (2) A person referred to under subsection (I) shall not be guilty of an offence where that COII'IIIission of the offence, and may, in addition to any other penalty imposed, impose • fine in person proves that • IDll!KlUllt equal to cover the estimation of thai monetary benefit, notwith,Ianding an)' maximum (a) the offence was committed without the knowledge, consent or connivance of that ~"provided elsev.'here. person; and . ~.•/IJ...estigation and prosecution ~. '" ". ".- (b) the person exercised al1 the diligence to prevenllhe commission of the offence as I n. Upon the application ofthe prosecutor, a court thai convicts a person of an offence under ought to h. ve been exerci sed by that person having regard to the nature of the this Act sba!1 summan 1)' and without pleadings inquire into the cos~ of investigating and functions of thai person in that capacity and to all of the circumstanees. I""""'rimg the offence and may in addition to any other penalty imposed, order the person con!'icted 10 pay an amount eq u.l to the cost to the person( s) who inouTTed the costs, (3) Every director, partner or any other person concerned in the management of, • body notWithstandilig any maximum penalty provided elsewhere. corporole to which a mineral right has been issued under this Act shall lake all reasonable stepS to prevent the body corporate !Tum contravening or failing to comply with the termS and conditions PART XI of the mineral right. MISCELLANEOUS PROVISIONS (4) For the purposes of this Act, any .ct or thing done or omitted to be done by a director, burtmnce ctner officer, employee Of agent of. bod}' corporate in the course of exercising their powers, functions or duties is deemed to be an act or thing done OT omitted to be done by the body corporate. 1,~.3, ,( I) '!he holder of a mineral right Of' person acting as an agent ofthe licence or permit holder Who IS undertaking reconnaissance, prospecting or mining operations ,hall, with respect to those (5) Nothing in this section detracts !Tum the liability or responsibility attaChed to any person '. '1I""ations, maintain insunanee in respect of the prescribed risks. under any other Act or law in force in swaziland. The 1i0CDce or permit holder or agent mentioned in sub·section (I) shall, where required (6) In any proceedings regarding the f.ilure of. body corporate to comply with the terms of ,by the Commissioner, furnish the Commissioner with authentic.ted copies of certificates • mineral right, the onus shall be on the director, partner Of any other person concerned in the S60 S59 Mlrdadons of insumnce that set out tile insurance policy and I!1l}' otber documents tilat are required to demonstrate that tile policy is valid, effective, and appropriate and covers tile prescribed risks. 160. (1) The Minister may make regulations necessary or convenient for the properadministnrtion of this Act and to facHitate the achievement of the purpose of this A-ct,. and witboutlimiting the generality of the foregoing, may make regulations- Radioacd" minerals 154, (I) The holder of a mineral right sball notify the Commissioner of tile discovery of any (a) relating to the fees, royalties, rent and other charges that are payable under IhisAct or the manner in which they are to be calculated; radioacti>e mineral. (2) A person sball not sell or attempt to sell radioactive minerals except, in accordance witb (b) in respect of the royalties that art payable for s.pecific minerals and the manner in tbe authorisation of iN g'Io'enyama in terms of tbis Act. which they are to be calculated; (3) A person who contra'enes sub-section (I) or (2) commits an offence and shall be liable. (c) prescribing the manner in which an area refened to in a mineral right is to be on conviction. to imprisotrm<nt for a period not exceeding twenty fi,e (25) years or ten million demarcated; ( E I0,000,0(0) Emalangeni or to botb. (d) prescribing the manner in which records, accounts, books and otber documents shall be- kept. retained and made a\'aHable for inspection; Nodcts

155. Without prejudice to any other mode of serlice tbat is permitted under any rule of law, a (e) prescribing the manner in which confidential data provided under this Act is to be notice to an applicant or holder of a mineral right shall he taken. for the purposes of tbis Act, to treated and the periods llPon which such data ce:ase:s to be oonfi dential; h",'e been effectively delivered if it is delivered personally to the applicant OJ holder, or sent by registered post to tile registered oddress of the applicant or holder, (1) procedures to be followed in any tender to be held under this Act; (g) prmli ding the measures and procedures to be obser . . ed in respect of radioacth'e Indemnity of officials minerals and dispositions confenring rights and interests in respect of such minerals;

156. A member of the Board. the Commissioner and an)' public officer or expert or consultant . r,J ".. appointed by the Commissioner shall not incur an)' Ii ability in respect of the exercise or "'T" (h) providing the measures and procedures to be observed in respect of petroleum and performance, or purported exercise or performance, in good faith of a function under and for the the disposition of rights and interests in respect of petroleum; purposes of this Act. prescribing me measures to be included ill appro . . ed programmes fOT reconnaissance.. (i) Prohibition agtdnst pifbUc ojJken acquiring intertslS prospecting and mining operations; j. .,

157. (1) A public officer responsible for tile administration of pro,isions of this Act shall not m prescribing measures to be observed to protect and rehabi! [tate the em1ironrnenl; directly or indirectly acquire a r1gb! or interest in a mineral right prescribing measures to be observed regarding the use of explosives for prospeoting (k) (2) A public officer referred to in sub-section (1), shall not acquire or retain a share in a and mining operations; company carrying on reconna:issan~ prospecttng or mining operations. (I) prescribing the measures to he observed concerning health and safety tonnected to (3) A document or other transaction that purport to confer a right or interest sbare to a prospecting and mining operations; public officer oontrary to sub-section (l) or sub-section (2) is of no legal effect. (m) specifying areas that are exduded areas under this Aot; Commission", to prvvItJe llJIJIUaJ report (n) prescribing the categories ofmin<ra! rights that are not to he granted in prescribed

158. (1) Within three months of tile expiration of each financial year tbe Commissioner shall areas; prepare and present to the Minister an annual report gi,ing fuji detalls of all activities undertal<en under this Act during thai financial year and such other information as the Minister rna)' direct, (0) prescribing the form of an)' 1icence, pennit, [onns. return or ower document to be used for the purposes of this Act. (2) The Minister shall cause the report to be laid before botb chambers of Parliament. (2) The Minister may also ma1<e regulations containing saving, transitional and oonseq ueotial provisions including, amendments to other Acts and regulations consequent upon the enactment RecoverY offeD, royaiJy, rent and charges oftbisAct and the repeal of the MiningAct, 1958.

159. A fee, royalty, area rent or other charge payable under this Act may be sued for and recovered by tbe Government as ifit were a debt due to the Government. 562 S61 (b) in the case of mining operations, the proposed mining area does not exceed O,OSkm'; PART XU REPEAL AND TRANSmONAL PROVISIONS (2) NotwithSlallding sub-paragraph (I), a prospecting or mining operation may also bC" , classified as. small-scale operation for the purposes of this Act if - ",,' Repeol of M/rUng Ad. 1953 (.) in the case of mining operations, the actual or estimated annual Cl<IraIlIlon ofmincals

161. The Mining Act, 1958 is repe.led, or materia] bearing minerals does not or ""ill not exceed 2:5,000 cubic meierS; or~:·-. Transilional Provisiorrs (b) Ille proposed prospecting Oi min ing operation, do not or will not employ Specialised prospecting or mining technologies; or .-

162. (I) Regulations or rules made under the Mining Act, 1958 and in foree immedi.tel)' before the coming into foroe of this Act shall continue in forne until replaced or otherwise dealt with (c) the proposed prospecting or mining operation" do not or will not involve substantial under this Act. expenditure. (2) A lkence, porroi!, lease or special lease granted or issued under the Mining Act, 1958 and LargNC4le prospectI1tg ~nd milling upeNltiorrs subsisting immediately before the commencement of this Act shall continue under the laws app 1icab le immediately before the coming into force of this Act. 2. Proposed prospecting operations or mining operations that do not have or will not have any of the characteristics ora small-scale mining operation as specifLed in paragraphs I or 2 shall be (3) The Minister may by regulation made under this Act, make such licences, permits, leases or speci.1 leases ieferred to in sub-section (2) subject to this Act or subject to specific classified as • largo-scale operation. provisions of this Act as ,hall be prescribed. .i . (4) Applications m.de under the Mining Act, 1958 and not determined before the , L .. commencement of this Act snaIl be determined in accordance-with this-Aetas if they were made ~,;,~\: under this Act. :..:-:~~ ".-1 ~, : (5) A person who, immediatel), before Ille commencement ofthis Act held an office created ~ ... b)' the Mining Act, 1958 that is an office of. type created by thi' Act shan continue to bold that 7~ office as if appointed in accordance with this Act. (6) A person who, immediatel), before the commencement of this Act was emplO)'ed in or :il''''', ::~ "--,;. "." held an appointment to a position created b)' the Mining Act, 1958 thai is • position of a t),pe ~<, ~: created b), thi' Act, shall be ernplo)'ed in or taken as having been appointed to !hal position on Ille same terms and conditions as applied to the person under the repealed Mining Act "\.,~t~~~ ~:f- Precedence ofthis Act

163. "''bere there is an inconsistenc), between the prm'isions of this Act and any other law relating to minerals and mining, other than the Constitution. thi' Act shall lake preoedence unless a contrary intention is clearly indicated. SCHEDULE (Under Section 2\) CRITERIA FOR DISTINGUISHING BETWEEN SMALL-SCALE AND LARGE-SCALE PROSPECTING AND MINING OPERATIONS SmalJ.scaie. prospecting and mining ope.raJi(Jns

1. (1) A prospecting or mining o]>eration or a proposed prospecting or mining operation shall be classified as a small-scale operation for the purposes ofthis Act if - (a) in the case of prospecting operations, tbe proposed prospecting area does not exceed S km~; The GOVeTn ment Prln tit r, Mba baD It