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COMPLIANCE UNDER THE MINERAL AND PETROLEUM RESOURCES DEVELOPMNENT ACT, 28 OF 2002, AS AMENDED (MPRDA) AND RELEVANT LEGISLATION
The Department of Mineral Resources (DMR) as the state department tasked with ensuring compliance by mining right or Prospecting Right holders, has a continuous duty to measure compliance. It does so through the mechanisms of monthly and annual reports submitted to it by holders of Rights, scheduled and ad hoc inspections, audits and adjudication of complaints received from stakeholders or members of the public.
The DMR has Section 93 and Section 47 of the MPRDA as statutory tools. Section 93 allows the DMR to issue notices to a Right holder to remedy non-compliance, and also affords the DMR the right to instruct mines to cease operations until the non-compliance is remedied. Section 47 allows the DMR to revoke the Right altogether when the holder flaunts its compliance obligations. The revocation of mining rights must, of course, be according to the principles of administrative justice, and an opportunity to the right holder to make representations as to why its right should not be revoked.
The responsibility of compliance rests on the holder of the Right. This tool makes it possible for a holder to make certain reports available the public as required
