Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)NoticesMine Community Resettlement Guidelines, 202212. Resettlement Agreement |
| 12.1 | The Resettlement Agreement shall not be valid unless it is in writing and signed by authorized representatives of mine communities subject to the resettlement, landowners and lawful occupiers and the applicant or holder of a prospecting right, mining right, or mining permit. |
| 12.2 | The resettlement agreement serves to record in full all the commitments made by a mining right holder in relation to the resettlement. It should outline rights and obligations of all parties to the agreement. Taking into account project and site specific considerations the Resettlement Agreement may contain the following elements: |
| 12.3 | Elements of a Resettlement Agreement |
| 12.3.1 | Parties to the agreement. |
| 12.3.2 | Interpretation clause. |
| 12.3.3 | Subject or object for agreement |
| 12.3.4 | Purpose and objects of the agreement. |
| 12.3.5 | Record of meaningful consultation process. |
| 12.3.6 | Mining right and its duration or life of mine. |
| 12.3.7 | Rights and obligation of parties to the agreement. |
| 12.3.8 | Recording of the commitments made in the Resettlement Plan. |
| 12.3.9 | Recoding of the commitments made in the Resettlement Action Plan. |
| 12.3.10 | Dispute resolution mechanisms. |
| 12.3.11 | Force major |
| 12.3.12 | Tenure of the agreement. |
| 12.3.13 | Fraud and corruption. |
| 12.3.14 | Review, variation, and amendments. |
| 12.3.15 | Domicilia and notices. |
| 12.3.16 | Signatories. |
| 12.4 | Once the agreement is signed, it together with all annexes, must be submitted to the office of the Regional Manager for noting. Annexes to the agreement may include the Resettlement Plan, Resettlement Action Plan, and related documents. |