the qualified community, the mining right holder may notify the [Minister, requesting clarification, and the [Minister, Ministry, Director of Mines] shall notify the mining right holder, specifying Ministry, Director of Mines] which community is the qualified community. Alternative 4. means a community of persons residing within [text “qualified community” kilometers of any boundary defining the mining right area. (number)] community development means a community “ratified agreement” development agreement that has been approved by the respective community according to such process and in such manner as is customary for such community to make decisions on matters affecting the community as a whole. means a group of persons classified as a sub-community “sub-community” for the purposes of these regulations by the [Minister, Ministry, Director of in consultation with the [Local because their number is Mines], Authority], too small to comprise a qualified community, but who are for the purposes of these regulations deemed part of a qualified community. General The holder of a mining right shall assist in the development of obligation communities affected by its operations to promote sustainable development, to promote enhance the general welfare and the quality of life of the inhabitants, and shall community recognize and respect the rights, customs, traditions and religion of local communities. Where – community agreement is required Alternative 1. The holder of a mining right is required to have and implement community development agreements with all qualified communities if its approved mining operation will or does exceed any of the following limits: in the case of extraction of minerals from primarily alluvial deposits, where annual throughput is more than [x per year; or cubic metres] in the case of underground mining operations, where annual combined run-of-mine ore and waste production is more than [x per year (waste material not tonnes] exiting mine mouth to be excluded); or in the case of open-cast mining operations extracting minerals from primarily non-alluvial deposits, where annual combined run-of-mine ore, rock, waste and
the qualified community, the mining right holder may notify the [Minister, Ministry, Director of Mines] requesting clarification, and the [Minister, Ministry, Director of Mines] shall notify the mining right holder, specifying which community is the qualified community. Alternative 4. “qualified community” means a community of persons residing within [text (number)] kilometers of any boundary defining the mining right area. “ratified community development agreement” means a community development agreement that has been approved by the respective community according to such process and in such manner as is customary for such community to make decisions on matters affecting the community as a whole. “sub-community” means a group of persons classified as a sub-community for the purposes of these regulations by the [Minister, Ministry, Director of Mines], in consultation with the [Local Authority], because their number is too small to comprise a qualified community, but who are for the purposes of these regulations deemed part of a qualified community. General obligation to promote community The holder of a mining right shall assist in the development of communities affected by its operations to promote sustainable development, enhance the general welfare and the quality of life of the inhabitants, and shall recognize and respect the rights, customs, traditions and religion of local communities. Where community agreement is required – Alternative 1. The holder of a mining right is required to have and implement community development agreements with all qualified communities if its approved mining operation will or does exceed any of the following limits: in the case of extraction of minerals from primarily alluvial deposits, where annual throughput is more than [x cubic metres] per year; or in the case of underground mining operations, where annual combined run-of-mine ore and waste production is more than [x tonnes] per year (waste material not exiting mine mouth to be excluded); or in the case of open-cast mining operations extracting minerals from primarily non-alluvial deposits, where annual combined run-of-mine ore, rock, waste and
712990v40WP0P10Guidelines0Modified.docx