7. Power of certain officers to enter upon prospecting areas, etc

(1) An authorized officer may, at all reasonable times, enter upon any prospecting area, retention area, mining area, minerals permit area or any premises or workings thereon or thereunder, other than a dwelling-house, for the purpose of-

(a) generally inspecting such area, premises or workings and examining prospecting or mining operations or the treatment of minerals being performed or carried out thereon;

(b) ascertaining whether the provisions of this Act are being complied with;

(c) ascertaining whether any nuisance or breach of environmental obligations exists in such area, premises or workings;

(d) giving directions and taking steps to enforce any provisions of this Act, or to abate or remove any nuisance;

(e) taking soil samples or specimens of rocks, ore, concentrates, tailings or minerals situated upon such area, premises or workings for the purpose of examination or assay;

(f) examining books, accounts, vouchers, documents or records of any kind; or

(g) obtaining such information as he may deem necessary.

(2) A specially authorized officer may-

(a) enter at all reasonable times upon any land with such persons, animals, vehicles, appliances, instruments and materials as are necessary;

(b) break up the surface of such land for the purpose of ascertaining the rocks or minerals within or under the same;

(c) take and carry away samples and specimens of the soil, and of rocks or minerals found thereon, therein or thereunder;

(d) fix any post, stone, mark or object to be used in the survey of any such land;

(e) dig up any ground for the purpose of fixing any such post, stone, mark or object;

(f) enter into or upon any land through which it may be necessary to pass for the purposes of such survey:

Provided that-

(i) it shall not be lawful to fix any post, stone, mark or object within any walled or fenced garden or orchard without the consent of the lawful occupier thereof;

(ii) as little damage and inconvenience as possible shall be caused by the exercise of the powers conferred by this subsection and the owner or lawful occupier thereof shall be entitled to compensation for any damage sustained in the exercise thereof; and

(iii) before abandoning any land all excavations shall be backfilled or otherwise made safe.

(3) Authorised and specially authorised officers shall be appointed by the Minister by notice in the Gazette.

8. Power to require production of records

The Minister may direct the holder of a mineral concession to produce for inspection by an authorised officer any books, accounts, vouchers, documents or records of any kind concerning the mineral concession.

9. Indemnity of officers

No public officer or other authorized officer or Government nominated director of any holder of a mineral concession shall be liable for anything done or omitted to be done bona fide in the performance or purported performance of any function vested in or delegated to him by or under this Act or in his capacity as a director as aforesaid.

10. Recovery of fees, etc.

Any fees, dues, rents, royalties or payments which may become due in respect of any mineral concession or under the provisions of this Act shall be a debt due to Government and recoverable in a court of competent jurisdiction.

11. Retention of cores and samples

(1) No core obtained in the exercise of rights conferred by a mineral concession shall be destroyed or otherwise disposed of except for the purposes of assay, identification or analysis without the permission in writing of the Minister, which permission shall not be unreasonably withheld.

(2) Where any core is retained for the purpose of complying with subsection (1), there shall be maintained a record in such degree of particularity as is sufficient for the identification of the core or sample and the location and geological horizon of its origin.

(3) Any person who destroys or disposes of core in contravention of subsection (1) or fails to maintain a record as required by subsection (2) shall be guilty of an offence.

12. Preference for Botswana products, etc.

(1) The holder of a mineral concession issued under this Act, shall, in the conduct of his operations under such concession, and in the purchase, construction and installation of facilities, give preference, to the maximum extent possible consistent with safety, efficiency and economy, to-

(a) materials and products made in Botswana; and

(b) service agencies located in Botswana and owned by Botswana citizens or bodies corporate established under the Companies Act.

(2) The holder of a mineral concession shall, in all phases of his operations, give preference in employment to citizens of Botswana to the maximum extent possible consistent with safety, efficiency and economy.

(3) The holder of a mining licence shall, in his operations, conduct training programmes in consultation with the Minister for the benefit of employees so that such employees may qualify for advancement.