Section 159: Abandonment or Permanent Cesser of Production.

(1) A holder of a Mining Lease, Small Scale Mining Lease, and Quarry Lease intending to abandon or permanently cease production from the Lease Area shall provide a written notice to the relevant departments established under this Act three months before such intended abandonment or cessation of production. A copy of such a notice shall also be given at the same time to the Mining Cadastre Office.
(2) The notification shall be accompanied by a report outlining details of the intended abandonment or permanent cessation of production and the reasons thereof together with a plan, showing the workings of the Mine up to the time of the notice.
(3) Upon receipt of the notice in the prescribed form the relevant department shall make appropriate recommendations to the Minister with regards to the abandonment plan.
(4) Upon receipt of this recommendation the Minister shall within ten days cause the matter to be investigated.
(5) After investigation of the abandonment or permanent cessation of the Production, if the mineral title holder maintains the notice, the Mining Cadastre Office shall take note of the abandonment or cessation of production.
(6) In case of abandonment or permanent cessation of production within the title area, the mineral title holder shall-
(a) securely seal, fence or cover every mine shaft and adit ;
(b) make safe tailings and water retention areas; and
(c) demolish, fence or lock all potentially hazardous buildings, structures, plant and equipment.
(7) In case of suspension of production due to weather, labour situation, market problems or other reasonable causes, the mineral title holder shall inform the Mines Inspectorate Department of the situation as soon as possible.
(8) If the suspension exceeds three months, the mineral title holder shall send a notice to the Mines Environmental Compliance Department stating the reasons for the extended shut down of the mine and indicating the measures taken in respect of site maintenance, or if abandonment is contemplated the measures that will be taken in accordance with the Environmental Protection and Rehabilitation Program established under the provisions of this Act in the eventuality of the title being transferred to a new operator or surrendered.
(9) The requirements to be met and the procedure to follow in case of abandonment, permanent cessation or suspension of production by a title holder shall be defined in the regulations.