Minerals Act Section 68 — Duties of a mining-lease holder: set-backs, rehabilitation security and insurance

The holder must mine in accordance with the method, plan and conditions in the lease; changes need written permission (from the local officer for Type 1, from the Director-General for Types 2 and 3). Mining may not take place within 100 metres of a registered highway or public watercourse for Type 1, or within 300 metres for Types 2 and 3, unless the lease allows it. The holder must not act so that toxic minerals or substances endanger persons, animals, plants, property or the environment; must rehabilitate the mine area under the plan approved by the Mineral Committee; must post security for rehabilitation and for remedying those affected, as the Mineral Committee sets; and, for Types 2 and 3, must carry liability insurance for third parties' life, body and property in the amount the Committee sets. Where actions under Section 68(2) to (5) materially affect the approved environmental impact assessment report, the expert committee under the environmental quality law must also approve. If the holder fails to rehabilitate or remedy, the Department draws on the security or insurance (Section 70), and a holder who, without good reason, does not post or restore the security or insurance within 15 days of notice is to have the lease revoked by the issuing authority.