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A Coal Mine Development And Production Agreement is a crucial document used when establishing a new coal mining operation or redeveloping an existing mine in South Africa. This agreement type is essential for projects requiring significant capital investment and long-term commitment to mine development and coal production. It must comply with South African mining legislation, particularly the MPRDA and Mining Charter III, while addressing environmental management, social responsibility, and BEE requirements. The agreement is typically used when multiple parties are involved in the development and operation of a coal mine, requiring clear delineation of roles, responsibilities, and risk allocation. It includes comprehensive provisions for mine development phases, production targets, environmental compliance, community engagement, and social and labor plans, making it a fundamental document for any major coal mining project in South Africa.

1. Parties: Identification of the contracting parties, including the mining right holder and development partner

2. Background: Context of the agreement, including details of mining rights, location, and project objectives

3. Definitions and Interpretation: Comprehensive definitions of terms used in the agreement and rules of interpretation

4. Grant of Rights: Specific rights granted for mine development and coal production, including any limitations

5. Term and Conditions Precedent: Duration of the agreement and conditions that must be met before the agreement becomes effective

6. Development Obligations: Detailed obligations regarding mine development, including timelines and development milestones

7. Production Operations: Requirements and standards for coal production operations

8. Environmental Management: Environmental obligations, compliance requirements, and rehabilitation commitments

9. Health and Safety: Health and safety requirements and compliance with Mine Health and Safety Act

10. BEE Compliance: Mining Charter III compliance requirements and BEE commitments

11. Financial Provisions: Financial obligations, capital contributions, and revenue sharing arrangements

12. Social and Labor Plan: Commitments and obligations under the Social and Labor Plan

13. Reporting and Compliance: Reporting requirements to both parties and regulatory authorities

14. Insurance and Indemnities: Required insurance coverage and indemnification provisions

15. Force Majeure: Provisions for handling events beyond parties' control

16. Termination: Grounds and procedures for agreement termination

17. Dispute Resolution: Procedures for resolving disputes between parties

18. General Provisions: Standard legal provisions including notices, amendments, and governing law