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"content": "2. Sen. Billow Kerrow; 3. Sen. Isaac Melly; 4. Sen. (Dr.) Agnes Zani; 5. Sen. Henry Tiole Ndiema. 6. Hon. Amina Abdalla, 7. Hon. Ejidus Njogu Barua, 8. Hon. Chachu Ganya, 9. Hon. George Peter Opondo Kaluma; and, 10. Hon. Andrew Mwadime. Mr. Speaker, Sir, the Committee held several meetings and came up with unanimous resolutions which are appended to this report as recommendations. Allow me to go straight to the recommendations that were unanimously adopted and agreed to by the Mediation Committee. The Committee held three sittings; on 27th November 2015, 16th February and 1st March, 2016 and unanimously resolved the contention of Clauses 4(a)(c),7, 16, 30, 33, 34, 37, 40, 49, 50 and 149 as follows:- The Committee agreed that in Clause 4(a), the definition of the word “community” be retained as it is defined in the Bill. The word “community” means a people living around an exploratory and mining operations area. A group of people who may be displaced from land intended for exploration and mining operations. The justification was that the definition is broad as it includes people who are displaced due to mining operations. In Clause 4(c), the Committee agreed to retain the definition of the words “strategic minerals” provided in Clause 16. The justification was that the definition provided in Clause 16 is sufficient. The Committee further agreed that Clause 7(2) of the Bill be amended by inserting the words “and with the advice of the Mineral Board immediately after the words in the Gazette.” The justification for this amendment was that it takes into account the need for the advice of the Mineral Board as it has the technical expertise to advise the Cabinet on materials of customary usage. Mr. Speaker, Sir, the Committee agreed that Clause 16(3) of the Bill be amended by deleting the word “shall” and inserting the words “may with the advice of the Minerals Board.”. The justification for this amendment was that it takes into account the need for the advice of the Minerals Board to the Cabinet Secretary on how to deal with strategic minerals. The Committee further agreed that Clause 30 be amended by deleting 30(2) and substituting therefor the following new Clause----- We proposed that, Clause 30 of the Bill be amended by deleting sub clause 2 and substituting therefor the following new sub clause 2:- The Minerals Rights Board shall comprise of:- (a) A chairperson with demonstrable knowledge and experience in the minerals and mining sector who shall be appointed by the President. (b) The Principal Secretary responsible for matters relating to mining. (c) The Principal Secretary responsible for the National Treasury. The electronic version of the Senate Hansard Report is for information purposes"
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