RWANDA Law and Practice Contributed by: Aimery de Schoutheete and Penina Ngabire, Liedekerke Great Lakes
During the operations, it is prohibited to carry out mining activities less than 20, 10 and five metres from wetlands, main rivers, and small riverbanks respectively. It is also prohibited to discharge untreated wastewater, or to wash min - erals in rivers or wetlands and their established buffer zones. In addition, all mining activities, wherever they are located, are subject to strict rules regarding land rehabilitation. 2.3 Impact of Community Relations on Mining Projects When it comes to the issue of community rela - tions, the following principles apply. • The holder of a mining licence (but not an exploration licence) must prepare a plan for development and social welfare in collabora - tion with the authorities of the district where the mining operations are to be carried out. This plan may include, for instance, build - ing schools or public roads, and it must be submitted to the RMB for approval. The LH may then enter into a specific agreement with the district authorities to ensure effective implementation of the community develop - ment plan. • When expropriation is inevitable, the LH must, before starting any operation, engage with the landowners and lawful occupiers present on the licensed area, either by buying them out or by leasing the land. If an amicable settle - ment cannot be reached, the licensee must inform the authorities, who will seek to facili - tate the process. Although it is not manda - tory, it is advisable to involve the authorities from the outset. • The LH must always comply with the provi - sions of the 2024 Mining Law and any other applicable laws or standards prescribed by
the government to ensure the health and safety of persons within the vicinity of the exploration or mining operations. 2.4 Prior and Informed Consultation on Mining Projects Prior consultation is mandatory between the investor and: • the landowners/lawful occupiers of the licensed area when expropriation is inevitable, whether at the exploration or mining stage; and • the authorities of the district where the min - ing operations are to be carried out since the holder of a mining licence must prepare a development and social welfare plan in con - sultation with these authorities. 2.5 Impact of Specially Protected Communities on Mining Projects There are no specially protected communities in Rwanda. 2.6 Community Development Agreement for Mining Projects The holder of a mining or quarry licence (but not an exploration licence) must prepare a plan for development and social welfare in consultation with the authorities of the district where the min - ing operations are to be carried out. It must then submit the plan agreed upon with the district authorities to the RMB. 2.7 Environmental, Social and Governance (ESG) Guidelines and Regulations There are no national ESG guidelines or regula - tions for the mining sector as such. Instead, ESG guidelines are scattered throughout various laws and regulations applicable to the mining sector. In addition, more specific ESG provisions can be
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