Attached files
A
BILL ENTITLED
THE
MINES AND MINERALS ACT, 2009
ARRANGEMENT
OF SECTIONS
Section
No.
PART
I - PRELIMINARY
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1.
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Interpretation.
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PART
II - OWNERSHIP
OF MINERALS
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2.
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Ownership
of minerals.
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PART
III - ADMINISTRATION
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3.
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Minister
to be responsible for administration of
Act.
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4.
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Director
to be responsible for implementation of
Act.
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5.
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Duties
of the Director.
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6.
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Powers
of Director and authorised
officers.
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7.
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Execution
and delegation of functions of the
Director.
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8.
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Duties
and powers of the Director of Geological
Survey.
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9.
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Execution
and delegation of functions of the Director of Geological
Survey.
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10.
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Authorised
officers.
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11.
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Establishment
of Minerals Advisory Board.
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12.
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Responsibilities
of the Board.
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13.
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Meetings
of the Board.
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14.
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Power
to co-opt.
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15.
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Disclosure
of interest.
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16.
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Annual
Report.
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17.
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Obstruction
of Directors or authorised
officers.
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18.
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Indemnity
of officers.
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19.
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Minister
and officers prohibited from acquiring mineral rights,
etc.
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20.
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Prohibition
against the disclosure of
information.
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PART
IV - ACQUISITION
OF MINERAL RIGHTS
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21.
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Acquisition
of mineral rights.
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22.
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Types
of mineral rights.
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23.
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Form
and content of mineral rights.
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24.
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Power
of the Minister to authorise mineral
investigations.
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25.
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Acquisition
of mineral rights by public tender.
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26.
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Restrictions
on grant of mineral rights.
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27.
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Priority
of applications.
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28.
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Applications
for mineral rights.
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29.
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Information,
time etc, for disposal of
application.
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30.
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Areas
designated for artisanal and small-scale mining
licences.
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31.
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Restriction
on exercise of rights.
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1
PART
V - MINERAL
RIGHTS AND SURFACE RIGHTS
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32.
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Restrictions
on exercise of rights under a mineral
right.
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33.
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Right
to graze stock and cultivate land.
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34.
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Acquisition
of exclusive surface rights by holder of a large-scale mining
licence.
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35.
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Compensation
for disturbance of rights, etc.
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36.
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Compulsory
acquisition of private land.
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37.
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Compensation
for compulsory acquisition of land.
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38.
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Right
to resettlement.
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PART
VI - REGISTRATION,
RECORDS AND CADASTRE
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39.
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Mining
Cadastre Office.
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40.
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Mining
cadastre.
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41.
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Registration
of applications.
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42.
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Registration
of licence granting a mineral
right.
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43.
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Memorials
to be made in register of mineral
rights.
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44.
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Registered
licence is conclusive evidence.
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45.
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Prior
registers.
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46.
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Cadastral
survey map.
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47.
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Evidentiary
provision.
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48.
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Confidential
reports.
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49.
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Public
access.
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PART
VII
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SURRENDER,
SUSPENSION AND CANCELLATION OF MINERAL
RIGHTS
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50.
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Withdrawal
of application for mineral rights.
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51.
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Surrender
of area covered by mineral right.
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52.
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Temporary
suspension order.
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53.
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Suspension
and cancellation of mineral rights.
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54.
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Assets
on termination of mineral right.
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55.
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Delivery
of documents on termination of mineral
rights.
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PART
VIII - RECONNAISSANCE
LICENCES
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56.
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Eligibility
for reconnaissance licence.
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57.
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Application
for reconnaissance licence.
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58.
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Disposal
of application for reconnaissance
licence.
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59.
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Restriction
on grant of reconnaissance licence.
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60.
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Notice
of decision on application for reconnaissance
licence.
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61.
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Contents
of reconnaissance licence.
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62.
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Size
of reconnaissance licence area.
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63.
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Duration
and renewal of reconnaissance
licence.
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64.
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Rights
of holder of reconnaissance
licence.
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65.
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Obligations
of holder of reconnaissance
licence.
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66.
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Status
of reconnaissance licence on application for or grant of large-scale
mining licence.
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67.
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Amendment
of programme of reconnaissance
operations.
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68.
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Transfer
of reconnaissance licence.
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2
PART
IX - EXPLORATION
LICENCES
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69.
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Eligibility
for exploration licence.
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70.
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Application
for exploration licence.
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71.
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Disposal
of application for exploration
licence.
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72.
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Notice
of decision on application for exploration
licence.
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73.
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Restriction
on grant of exploration licence.
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74.
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Contents
of exploration licence.
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75.
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Size
of exploration licence area.
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76.
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Duration
and renewals of exploration
licence.
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77.
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Rights
of holder of exploration licence.
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78.
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Obligations
of holder of exploration licence.
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79.
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Ancillary
rights of holder of exploration
licence.
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80.
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Status
of exploration licence on application for or grant of mining
licence.
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81.
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Status
of exploration licence areas.
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82.
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Amendment
of programme of exploration
operations.
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83.
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Transfer
of exploration licence.
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PART
X -
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ARTISANAL
MINING LICENCES
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84.
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Eligibility
for artisanal mining licences.
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85.
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Application
for artisanal mining licence.
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86.
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Disposal
of applications for artisanal mining
licences.
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87.
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Restriction
on grant of artisanal mining
licence.
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88.
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Contents
of artisanal mining licence.
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89.
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Size
of artisanal licence mining area.
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90.
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Duration
and renewal of artisanal mining
licences.
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91.
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Rights
and duties of holders of artisanal mining
licences.
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92.
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Revocation
of artisanal mining licences.
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93.
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Notice
to remedy dangerous or defective mining
operations.
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94.
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Transfer
of mining artisanal licences.
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PART
XI
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SMALL-SCALE
MINING LICENCES
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95.
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Eligibility
for small-scale mining licences.
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96.
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Application
for small-scale mining licence.
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97.
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Disposal
of applications for small-scale mining
licences.
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98.
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Restriction
on grant of small-scale mining
licence.
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99.
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Contents
of small-scale mining licence.
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100.
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Size
of small-scale licence mining area.
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101.
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Duration
and renewal of small-scale mining
licences.
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102.
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Rights
and duties of holders of small-scale mining
licences.
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103.
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Revocation
of small-scale mining licences.
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104.
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Notice
to remedy dangerous or defective mining
operations.
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PART
XII - LARGE-SCALE
MINING LICENCES
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105.
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Eligibility
for large-scale mining licences.
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106.
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Application
for large-scale mining licence.
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107.
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Disposal
of application for large-scale mining
licence.
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108.
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Restriction
on grant of large-scale mining
licence.
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109.
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Notice
of decision on application for large-scale mining
licence.
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110.
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Contents
of large-scale mining licence.
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111.
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Duration
of large-scale mining licence.
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112.
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Renewal
of large-scale mining licences.
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113.
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Amendment
of programme of operations of large-scale mining
licence.
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114.
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Rights
of holders of large-scale mining
licences.
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115.
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Obligations
of holders of large-scale mining
licences.
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116.
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Wasteful
mining and treatment practices.
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117.
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Co-ordination
of mining operations.
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118.
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Termination,
suspension or reduction of
production.
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119.
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Transfer
of large-scale mining licences.
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3
PART
XIII - RADIOACTIVE
MINERALS
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120.
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Provisions
relating to radioactive minerals.
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121.
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Notification
of discovery of radioactive
minerals.
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122.
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Report
of operation related to radioactive
minerals.
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123.
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Export
or disposal of radioactive
minerals.
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124.
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Offences
against this Part.
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PART
XIV - DREDGING
FOR MINERALS
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125.
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Provisions
relating to dredging for minerals.
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126.
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Dredging
permit required.
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127.
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Additional
information relating to dredging.
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128.
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Application
for dredging permit.
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129.
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Cancellation
of dredging permits.
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130.
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Non-compliance
deemed as contravention.
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PART
XV - PROTECTION
OF THE ENVIRONMENT
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131.
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Protection
of natural resources to be taken into
account.
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132.
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General
duty to protect environment and minimize
pollution.
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133.
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Environmental
impact assessment.
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134.
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Annual
environmental report.
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135.
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Diversion
of watercourse.
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136.
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Rehabilitation
of damaged areas.
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137.
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Direction
to comply with conditions of mineral rights for protection of the
environment.
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PART
XVI - COMMUNITY
DEVELOPMENT
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138.
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General
obligation to promote community
development.
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139.
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Where
community development agreement is
required.
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140.
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Content
of community development agreement.
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141.
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Approval
of community development agreement.
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PART
XVII - HEALTH
AND SAFETY
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142.
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Duty
of holders of mineral right to ensure safety of
workers.
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143.
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Duties
of workers at mines.
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144.
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Rights
of workers at mines.
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145.
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Protection
from discrimination.
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146.
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Duty
to report accidents.
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147.
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Health
and safety regulations.
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4
PART
XVIII - FINANCIAL
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148.
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Royalties.
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149.
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Exemption
from payment of royalties.
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150.
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Provisional
royalties.
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151.
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Prohibition
on disposal of minerals.
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152.
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Annual
charge in respect of mineral
rights.
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153.
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Submission
of financial agreements.
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154.
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Arms-length
sales.
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155.
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Separate
accounting for large-scale mining
licences.
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156.
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Security
for compliance.
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157.
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Recovery
of royalties, taxes, duties, etc.
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158.
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Minister
may require information.
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159.
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Transparency
in the extractive industry.
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160.
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Duty
to report revenue payments to
Government.
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161.
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Definitions.
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162.
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Government
equity participation.
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PART
XIX
- MISCELLANEOUS
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163.
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Preference
for Sierra Leone products.
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164.
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Employment
and training of Sierra Leone
citizens.
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165.
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Removal
of minerals.
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166.
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Preservation
of samples and cores.
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167.
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Discovery
of precious minerals.
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168.
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Unlawful
possession of precious minerals.
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169.
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Smuggling
of precious minerals.
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170.
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Miscellaneous
offences.
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171.
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Offences
in relation to registration.
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172.
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Failure
to deliver documents.
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173.
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General
penalty.
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174.
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Liability
of employer for offences committed by his
servants.
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175.
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Review
of decision of Minister.
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PART
XX
- REGULATIONS
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176.
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Regulations.
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177.
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Power
of Minister to make special regulations with regards to precious
minerals.
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PART
XXI
- REPEAL AND
SAVINGS
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178.
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Repeal
and savings.
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5
A
BILL ENTITLED
Short
title. The Mines and Minerals Act,
2009
Being an
Act to consolidate and amend the law on mines and minerals; to promote local and
foreign investment in the mining sector by introducing new and improved
provisions for exploration, mine development and marketing of minerals and
mineral secondary processing for the benefit of the people of Sierra Leone; to
ensure that management of the minerals sector is transparent and accountable in
accordance with international best practice; to promote improved employment
practices in the mining sector; to improve the welfare of communities adversely
affected by mining; to introduce measures to reduce the harmful effects of
mining activities on the environment and to provide for other related
matters.
Date
of [ ]
commencement.
Enacted
by the President and Members of Parliament in this present Parliament
assembled.
Part
I – PRELIMINARY
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Interpretation.
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1.
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In
this Act, unless the context otherwise requires
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“annual
charge” means the annual charge payable by the holder of a mineral right under
section 152;
“artisanal
mining licence” means an artisanal mining licence granted under
section 86;
“artisanal
mining licence area” means an area that is subject to an artisanal mining
licence;
“artisanal
mining operations” means mining operations that does not exceed a depth of ten
metres;
“associated
minerals” means any mineral which occurs in mineralogical association with, and
in the same ore deposit as the primary mineral being mined, where it is
physically impossible to mine the primary mineral without also mining the
mineral associated therewith;
“authorised
officer” means a person designated as such under section 10;
“body
corporate” means a company or corporation;
6
“capital”
means all cash contributions, plant, machinery, equipment, buildings, spare
parts, raw materials, working capital and other business assets other than good
will;
“community
development agreement” means a community development agreement approved under
section 141;
Act No.
3 “company” means a body corporate
incorporated or
of
2009 registered
under the Companies Act 2009;
“continental
shelf” means that part of the seabed and subsoil of the submarine area adjacent
to the coast of Sierra Leone but outside territorial waters over which the
Republic is entitled by law to exercise sovereign rights for the purpose of
exploring and exploiting natural resources;
“court”
means any duly constituted court other than a local court;
“declared
area” means an area declared for licensing of artisanal and small-scale mineral
operations under section 30;
“Director”
means the Director of Mines referred to under section 4;
“discovery”
means a discovery of a mineral deposit or a discovery of a mineral or group of
minerals occurring in quantities or circumstances that indicate the presence of
a mineral deposit;
“dredging
permit” means a dredging permit granted by the minister under section
126;
“environmental
impact assessment” means an
Act No.
11 environmental impact
assessment fulfilling all
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of
2008
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requirements of this
Act and the Environment Protection Agency Act,
2008;
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“environmental
management programme” means a plan
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Act No.
11 meeting all requirements of
this Act and the Environment of
2008 Protection Agency Act,
2008;
“exploration
licence” means an exploration licence granted by the Minister under section
71;
“exploration
licence area” means an area that is subject to an exploration
licence;
7
“exploration
operations” means operations carried out to explore;
“explore”
means intentionally to search for minerals and mineral deposits and includes
operations to test, the mineral bearing qualities of the land, define the extent
and determine the economic value of mineral deposits;
“excavation”
means any trench, pit, shaft or other open working;
“Government”
means the Government of Sierra Leone;
“holder”
in relation to a mineral right means the holder of a mineral right in whose name
the mineral right is registered under this Act;
“land”
includes land beneath water, the seabed and sub- soil;
“large-scale mining” means
the intentional winning of minerals in mechanised operations exceeding twenty
metres in depth or involving the sinking of shafts, driving of adits or other
various underground openings exceeding twenty meters.
“large-scale
mining licence” means a large-scale mining licence granted by the Minister under
section 107;
“large-scale
mining licence area” means an area that is subject to a large-scale mining
licence;
Act No.
1 “local
council” means a local council established under the
of
2004 Local
Government Act, 2004;
“mine”
when used as a noun, means any place, excavation or working or by which any
operation connected with mining is carried on together with all buildings,
premises, erections and appliances belonging or appertaining to it, above and
below the ground, for the purpose of winning, treating or preparing minerals,
obtaining or extracting any mineral or metal by any mode or method or for the
purpose of dressing mineral ores, and includes a quarry where minerals are
mined;
“mine”
when used as a verb, means intentionally to win minerals and includes any
operations directly or indirectly necessary for or incidental to mining
operations;
8
“mineral”
means any substance, whether in solid, liquid or gaseous form, occurring
naturally in or on the earth, in or under the water or in mine residue deposits
and having been formed by or subjected to a geological process including sand,
stone, rock, gravel and clay, as well as soil but excludes water, natural oil,
petroleum, topsoil and peat;
“mineral
product” means a substance derived from an ore by mining or
processing;
“mineral
right” means a right to explore for or to mine minerals by holding a valid
reconnaissance licence, exploration licence, artisanal mining licence,
small-scale mining licence, or large-scale mining licence, as the context
requires;
“mining
area” includes an artisanal mining licence area, small-scale mining licence
area, or a large-scale mining licence area, as the context
requires;
“mining
cadastre” means the mining cadastre referred to under section 40;
“Mining
Cadastre Office” means the Mining Cadastre Office established under section
39;
“mining
operations” means operations carried out in the course of mining;
“Minister”
means the Minister responsible for mineral resources;
“ore”
means a natural aggregate of one or more minerals which may be mined and sold at
a profit or from which some part may be profitably extracted;
“person”
includes any company or association or body of persons corporate or
unincorporated;
“precious
mineral” includes-
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(a)
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precious
stones, namely amber, amethyst, beryl, cat’s eye, chrysotile, diamond,
emerald, garnet, opal, ruby, sapphire, turquoise and all other
substances of a similar nature to any of
them;
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(b)
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precious
metals, namely gold, silver, platinum, iridium, or ores containing any of
these metals provided that they are in commercially recoverable or payable
quantities;
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9
“prescribed”
means prescribed by regulations made under this Act;
“programme
of mining operations” means such a programme approved on the grant of a
small-scale or large-scale mining licence and includes any amendments made to it
under this Act;
“prospecting
licence” means a prospecting licence granted
Act No.
5 by
the Minister under section 39 of the Mines and Minerals of 1994 Act 1994;
“radioactive
mineral” means a mineral which contains by weight at least one twentieth of one
percent (0.05 per centum) of uranium or thorium or any combination of it, and
includes but is not limited to,
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(a)
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monazite
sand and other ore containing
thorium; and
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(b)
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carnotite,
pitchblende and other ores containing
uranium;
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“reconnaissance
licence” means a reconnaissance licence granted by the Minister under section
58;
“reconnaissance
licence area” means an area that is subject to a reconnaissance
licence;
“reconnaissance
operations” means operations and works to carry out the search for mineral
resources by geophysical surveys, geochemical surveys, photo-geological surveys
or other remote sensing techniques and non-invasive surface geology in
connection therewith, but excludes drilling and excavations;
“register
of mineral rights applications” means the mining cadastre register of mineral
rights applications referred to under section 40;
“register
of mineral rights” means the mining cadastre register of mineral rights referred
to under section 40;
“regulations”
means regulations made under sections 177 and 178 of this Act;
10
“rehabilitation”
means the restoration to the satisfaction of the Director of the reconnaissance
licence area, exploration licence area, or mining area in accordance with the
environmental management programme to, as far as is practicable, its natural
state or to a safe, stable, predetermined condition and end use which is
compatible with a healthy environment and with the principle of sustainable
development;
“Republic” means the Republic of Sierra
Leone;
“small-scale
mining” means the intentional winning of minerals in mechanised operations not
exceeding twenty metres in depth or involving the sinking of shafts, driving of
adits, or other various underground openings;
“small-scale
mining licence” means a small-scale mining licence granted by the Minister under
section 97;
“surrender” means
the giving up of all or a portion of a mineral right;
“small-scale
mining licence area” means an area that is subject to a small-scale mining
licence;
“termination”
means the lapse of a mineral right by expiry of time, surrender or cancellation;
and where the surrender or cancellation is in respect of part only of the area
covered by the mineral right, then the mineral right shall be deemed to have
been surrendered or cancelled in respect of that surrendered or cancelled
area;
“tributer”
means a person who directly or indirectly is permitted to win minerals receiving
in return for the minerals so won remuneration paid directly or indirectly by
the person who permitted him to win the minerals;
“work for
profit” means producing a mineral product for use or
sale.
PART
II - OWNERSHIP
OF MINERALS
Ownership 2. (1) All
rights of ownership in and control of minerals
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of
minerals.
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in,
under or upon any land in Sierra Leone and its continental shelf are
vested in the Republic not withstanding any right of ownership or
otherwise that any person may possess in and to the soil on, in or under
which minerals are found or
situated.
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(2)
The Minister shall ensure in the public interest that the mineral resources of
Sierra Leone are investigated and exploited in the most efficient effective and
timely manner.
PART
III – ADMINISTRATION
Minister to
be 3. Subject
to this Act, the Minister shall be responsible for responsible for the general
administration of this Act.
administration
of
Act.
Director tobe
responsible 4. Subject
to section 3, the Director of Mines shall beresponsible
for the implementation of this Act.
for
implementation
of
Act.
Duties of
the 5. The
duties of the Director shall include-
Director.
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(a)
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promoting
and facilitating the effective and efficient management and the
development of mineral resources;
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(b)
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exercising
regulatory administration and supervision over all reconnaissance,
exploration, and mining operations;
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(c)
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determining
that all conditions relating to mineral rights and the requirements of
this Act are complied with;
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(d)
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making
lawful orders that are necessary to enable him to effectually perform the
functions and duties imposed upon him under this
Act;
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(e)
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maintaining
a Mining Cadastre Office and mining
cadastre;
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(f)
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approving
reconnaissance, exploration and mining work
programmes;
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(g)
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preparing
reports (including an annual report) and other records, and providing data
to the public, subject to any confidentiality
restrictions;
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(h)
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taking
custody of any minerals resources declared by any court to be forfeited to
the Government;
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(i)
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with
the prior approval of the Minister, disposing of any mineral resources
forfeited to the Government;
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(j)
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carrying
out investigations and inspections necessary to ensure compliance with the
provisions of this Act; and
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(k)
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advising
holders of mineral rights on proper and safe mining
methods.
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Powers
of
6.
(1) The
Director or an authorised officer may, at all reasonable times, enter upon any
land, reconnaissance licence area, exploration licence area, mining area or
mine, or any premises or
Director workings thereon or
thereunder, for the purpose of-
and
authorised
officers.
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(a)
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generally
inspecting such area, premises or workings and examining reconnaissance,
exploration, or mining operations or the treatment of minerals being
carried out thereat;
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(b)
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ascertaining
whether the provisions of this Act are being complied
with;
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(c)
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taking
soil samples or specimen of rocks, ore, concentrates, tailings or minerals
situated upon such area, premises or workings for the purpose of
examination or assay;
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(d)
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examining
books, accounts, vouchers, documents or records of any kind required to be
kept under this Act, regulations made under it or the terms and conditions
of any mineral right, permit or licence and taking copies of such books,
accounts, vouchers, documents or records;
or
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(e)
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obtaining
such other information as he may deem
necessary.
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(2) The
Director or an authorised officer may, with respect to the health and safety of
persons employed by a holder of a mineral right, issue directions in writing to
and impose restrictions, including temporarily suspending any mining operation,
on the holder or any person so employed.
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(3) In
exercising the powers under subsection (1), the Director or an authorised
officer shall ensure that as little damage or inconvenience as possible is
caused to the owner or lawful occupier of the land in respect of which the
powers are exercised.
Execution
and 7.
(1) Where
the Director is, due to absence or inability to act, illness or other cause,
unable to exercise and perform the functions of
delegation
of functions
of his
office, the next most senior officer within the Department of
Mines shall exercise and perform the functions of the Director during such
absence or inability.
the Director.
(2) The
Director may, subject to the approval of the Minister, delegate any of his
functions and duties to such public officer in the Department of Mines as the
Director may deem fit.
Duties andpowers of the 8.
(1) The
duties of the Director of Geological Survey shall include-
Director
of
Geological (a) the
giving of advice to the Minister on all geological
matters;
Survey.
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(b)
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the
undertaking of the geological mapping of Sierra
Leone;
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(c)
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the
undertaking of reconnaissance and exploration operations with a view to
locating mineral deposits;
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(d)
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the
compilation, publication and dissemination of data and information
concerning the geology and mineral resources of Sierra Leone;
and
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(e)
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the
maintenance of such laboratory, library and record facilities as may be
necessary for the discharge of his
functions.
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(2) For
the purposes of performing his duties, the Director of Geological Survey
may-
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(a)
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enter
any reconnaissance, exploration, artisanal mining, small-scale mining or
large-scale mining licence area;
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(b)
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take
soil samples or specimen of rocks, ore, concentrates, tailings or minerals
situated in any reconnaissance, exploration, artisanal mining, small-scale
mining or large-scale mining licence area for the purpose of examination
or assay;
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(c)
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break
up the surface of the land for the purpose of ascertaining the rocks or
minerals within or under them;
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(d)
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dig
up any land and fix any post, stone, mark or object to be used in the
survey of such land; and
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(e)
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enter
into or upon any land through which it may be necessary to pass for the
purpose of carrying out surveys but in the case of a sacred bush any such
entry shall be with the permission of the local authority
concerned.
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Execution
and 9.
(1) Where the
Director of Geological Survey is, due to absence or inability to act, illness or
other cause, unable to exercise and
delegation
of functions
of
perform the functions of his office, the next most senior officer
within of the Department of
Geological Survey shall exercise and perform the
the
Director Geological Survey.
functions of the Director of Geological Survey during such absence or inability.
(2) The
Director of Geological Survey may, subject to the approval of the Minister,
delegate any of his functions and duties to such public officer in the Ministry
as the Director may deem fit.
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Authorised
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10.
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The
Director may, by notice in the Gazette, designate
any
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officers.
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public
officer to be an authorised officer for the purpose of all or any of the
provisions of this Act.
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Establishment 11.
(1) There
is hereby established a body to be known as the Minerals Advisory
Board.
of
Minerals Advisory
Board. (2) The
Minerals Advisory Board shall be consist of-
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(a)
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a
Chairman, who shall be a person knowledgeable and experienced in minerals
and the mining sector;
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(b) the
Director of Mines;
(c) the
Director of Geological Survey;
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(d)
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the
Commissioner-General of the National Revenue
Authority;
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(e)
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a
representative of the Attorney-General and Minister of
Justice;
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(f)
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a
representative of the Ministry responsible for local
government;
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(g)
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a
representative of the Ministry responsible for the
environment;
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(h)
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the
Permanent Secretary of the Ministry responsible for mineral resources;
and
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(i)
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two
persons with considerable qualifications and experience in the mining
industry generally.
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(3) The
Chairman shall be appointed by the President on the recommendation of the
Minister on such terms and conditions as may be stated in his letter of
appointment.
(4) Other
members of the Minerals Advisory Board shall be appointed by the Minister on the
recommendation of the Sierra Leone Institution of Engineers on such terms and
conditions as may be stated in their letters of appointment.
(5) The
Chairman and other members of the Minerals Advisory Board who are not ex-officio
members shall hold office for a period not exceeding three years and shall be
eligible for re-appointment.
(6) A
person shall cease to be a member of the Minerals Advisory Board on any of the
following grounds-
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(a)
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for
his inability to perform the functions of his office by reason of
infirmity of mind or body;
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(b)
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for
proven misconduct;
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(c)
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if he
becomes bankrupt or insolvent;
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(d)
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if
he is convicted of an offence involving fraud or dishonesty;
or
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(e)
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if
he resigns his office by written notice to the
Minister.
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(7) The
Director of Mines shall be the Secretary of the Minerals Advisory
Board.
Responsibilities 12.
The Minerals Advisory Board shall be responsible for-
of the Board.
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(a)
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advising
the Minister on matters relating to minerals including reconnaissance and,
exploration for, mining, processing, import and export and marketing of
minerals;
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(b)
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formulating
recommendations of national policy on exploration for and exploitation of
mineral resources with special reference to establishing priorities having
due regard to the economy;
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(c)
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advising
the Minister on matters of the environment as they relate to
mining;
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(d)
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monitoring
the implementation of every Government policy relating to minerals and
reporting on it to the Minister;
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(e)
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advising
the Minister on granting of applications, and renewing, suspending,
transferring and cancelling licences, where such Minerals Advisory Board
participation is specifically provided for in the provisions of this
Act;
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(f)
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certifying
mineral rights applications, where such Minerals Advisory Board
certification is specifically provided for in the provisions of this
Act;
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(g)
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securing
a firm basis of comprehensive data collection on national mineral
resources and the technologies of reconnaissance, exploration and
exploitation for decision making;
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(h)
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reviewing
the provisions of this Act and regulations made hereunder and making
recommendations to the Minister as may be considered
necessary;
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(i)
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such
other functions as set out in this Act;
and
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(j)
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such
other functions as the Minister may assign to
it.
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Meetings
13.
(1) The
Minerals Advisory Board shall meet for the
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of the
Board.
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dispatch
of business at such times and in such places as the Chairman may determine
but shall meet as frequently as necessary to respond to the time limits
for dealing with an application for a mineral right and in any event meet
at least quarterly.
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(2) Subject
to this Act, the Minerals Advisory Board shall regulate its own
procedure.
(3) The
quorum at any meeting of the Minerals Advisory Board shall be six or two-thirds
of appointed members.
(4) The
Chairman shall preside at every meeting of the Minerals Advisory Board where he
is present and in his absence, the other members of the Board present shall
appoint one of their number to preside.
(5) Questions
before the Minerals Advisory Board shall be decided by a majority of the members
present and voting and in the event of an equality of votes, the Chairman or the
person presiding shall have a casting vote.
(6) The
validity of any proceedings of the Minerals Advisory Board shall not be affected
by any vacancy in its membership or any defect in the appointment of any of its
members.
Power
to
14. (1) The
Minerals Advisory Board may co-opt one or
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co-opt.
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more
persons from a locality for its deliberations on or assessment of, an
application for a mineral right over land situated in that
locality.
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(2) Subject
to subsection (1), the Minerals Advisory Board may co-opt any person or persons
to act as adviser or advisers at any of its meetings, as it may deem
necessary.
(3) Any
person co-opted pursuant to this section shall take part in the deliberations of
the Minerals Advisory Board but shall not be entitled to vote.
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Disclosure
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15.
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(1)
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A
member of the Minerals Advisory Board
who
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of
interest.
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has
any interest, direct or indirect, in any matter to be considered by the
Board, shall disclose the nature of his interest to the Board and such
disclosure shall be recorded in the minutes of the Board and that member
shall not take part in any deliberation or decision of the Board relating
to that matter.
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(2) A
member who contravenes subsection (1) shall be guilty of misconduct and liable
to be removed from the Minerals Advisory Board.
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Annual
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16.
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(1)
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The
Minerals Advisory Board shall, not later
than
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report.
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ninety
calendar days after the end of each year, submit to the Minister an annual
report dealing generally with the activities and the operations of the
Board within that year, including-
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(a)
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the
number of mineral rights granted, renewed or cancelled during that year
and the Board’s recommendations and certifications, where required by this
Act, in respect thereof;
and
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(b)
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recommendations
of national policy for the ensuing year on exploration for and
exploitation of mineral resources.
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(2) The
Minerals Advisory Board shall also submit to the Minister such other reports on
its activities as the Minister may, in writing request from time to
time.
(3) The
Minister shall, as soon as possible after receiving the annual report submit to
Cabinet, a copy of the report with such statement as he may deem necessary, not
later than three months after the end of the year to which the report relates
and the President shall as soon as possible but not later than one month after
the receipt of the report, cause the report to be laid before
Parliament.
Obstruction 17.
Any person who, without reasonable excuse, hinders or
of
Directors obstructs
the Director of Mines, or the Director of Geological Survey,
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or
authorised
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or
any authorised officer or person from carrying out any of
his
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officers.
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functions
under this Act commits an offence and shall be liable on summary
conviction to a fine not less than five hundred United States Dollars, or
its equivalent in leones or to imprisonment for a term not exceeding
twelve months or to both such fine and
imprisonment.
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Indemnity 18. The
Director of Mines, the Director of Geological
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of
officers.
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Survey,
and
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an
authorised officer or person shall not be liable for anything done, or
omitted to be done, in good faith in the performance of any function
vested in or delegated to him by or under this
Act.
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Minister
19. (1) No
public officer shall directly or indirectly,
and
officers acquire
any right or interest in any mineral right and any document or prohibited transaction purporting to
confer any right or interest in any such
from
acquiring officer
shall be null and void.
mineral
rights,
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etc.
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(2)
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Subject
to subsection (3), no public officer shall own or retain any shares in a
company carrying on reconnaissance, exploration or mining operations, or
the import, export or marketing of minerals in Sierra
Leone.
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(3) Where
an officer is at the assumption of the functions of his office, the holder of
shares in such company as is mentioned in subsection (2), the officer shall
divest himself from such right or interest or dispose of the shares within
ninety calendar days after assumption of office.
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(4) An
officer who contravenes this section commits an offence and shall be liable on
conviction to a fine not less than two thousand United States Dollars or its
equivalent in leones or to a term of imprisonment not exceeding twelve months or
to both such fine and imprisonment.
(5) For
the purposes of this section, “officer” means a public officer for the time
being engaged in the administration of this Act.
Prohibition 20. (1)
Information obtained under this Act shall not be
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against
the
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disclosed
to any person who is not an official engaged in
the
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disclosure
of
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administration
of this Act or
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member
of the Minerals Advisory Board
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information.
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without
the prior written authorization of the licence holder except to the extent
necessary-
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(a)
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for
or in connection with the administration of this
Act;
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(b)
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for
or in connection with the preparation of statistics by or on behalf of
Government; or
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(c) for
the purpose of any legal proceedings.
(2) An
authorized officer or Board member of the Minerals Advisory Board shall not for
the purpose of his personal gain, use information disclosed under this Act that
comes to his attention in the course of, or by reason of his employment or
membership.
(3) Any
person, authorized official, or member of the Minerals Advisory Board who
contravenes the provisions of subsections (1) or (2) commits an offence and
shall be liable on conviction-
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(a)
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in
the case of an individual to a fine not less than two thousand United
States Dollars, or its equivalent in leones or to imprisonment for a term
not exceeding twelve months or to both such fine and imprisonment;
and
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(b)
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in
the case of a body corporate, to a fine not less than ten thousand United
States Dollars, or its equivalent in
leones.
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(4) An
authorised officer shall ensure that the security of an unpatented process or a
process upon which research work is being carried out by the holder of mineral
right is not endangered or compromised as a result of an inspection by the
authorised officer.
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PART
IV - ACQUISITION
OF MINERAL RIGHTS
Acquisition 21.
(1) Subject to this Act, the right to explore for, to retain,
of
mineral to
mine and to market minerals may be acquired and held under and in
rights. accordance
with a mineral right granted under this Act notwithstanding any rightof ownership or otherwise that any
person may possess to the soil on whichminerals are found or situated.
(2) No
person shall explore for or mine minerals except under and in accordance with a
mineral right granted under this Act.
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(3)
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Any
person who contravenes subsection (2) commits an offence and is liable on
conviction-
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(a)
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in
the case of an individual, to a fine not less than one thousand United
States Dollars, or its equivalent in leones, or to imprisonment for a term
not exceeding two years or to both such fine and imprisonment;
and
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(b)
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in
the case of a body corporate, to a fine not less than twenty thousand
United States Dollars, or its equivalent in
leones.
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(4)
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The
court before which a person is convicted under subsection (3) may order
the forfeiture of all minerals obtained by that person or if the minerals
cannot be forfeited, of such sum of money as the court shall assess as the
value of the minerals, and any minerals so forfeited shall be sold and the
proceeds of such sales shall be paid into the Consolidated
Fund.
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Types
of
22. The
following mineral rights may be granted under this Act-
mineral
rights.
(a) a
reconnaissance licence;
(b) an
exploration licence;
(c) an
artisanal mining licence;
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(d)
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a
small-scale mining licence; and
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(e)
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a
large-scale mining licence.
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Form
and
23.
(1) A
mineral right shall be in such form as may be
content
of prescribed.
mineral
rights.
(2) A
mineral right shall specify-
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(a)
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the
date of the grant of the mineral right and the period for which it is
granted;
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(b)
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a
description of the area over which it is granted;
and
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(c)
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the
conditions on which it is granted.
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Power of
the
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24.
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Notwithstanding
the provisions of this Act, the
Minister
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Minister
to
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may,
in the public interest and subject to such conditions as he
may
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authorise
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determine,
authorise any person to undertake
non-commercial
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mineral
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investigations
into the geological or mineral resources of Sierra
Leone.
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investigations.
Acquisition
of 25.
(1) Notwithstanding
any provisions of this Act to the
mineral
rights contrary, the
Minister may by notice in the Gazette and in a
local
by public
tender. newspaper designate
any area in which minerals have been discovered
by a Government
survey, as an exploration area or mining area.
(2) Where
an area is designated as an exploration or mining area under subsection (1), the
Minister shall not award any mineral rights to any person in respect of such
area except by way of public tender.
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Restrictions
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26.
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No
mineral right shall be granted to-
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on
grant of
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mineral
rights.
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(a)
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an
individual who-
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(i)
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is
under the age of 18 years;
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(ii)
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is
not a citizen of Sierra Leone or has not been ordinarily resident in
Sierra Leone for a period of ten years immediately preceding his
application for a mineral right;
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(iii)
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is
an un-discharged bankrupt, having been adjudged or otherwise declared
bankrupt under any written law, or enters into any arrangement or scheme
of composition with his creditors;
or
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(iv)
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has
been convicted of an offence involving fraud or
dishonesty;
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(b)
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a
co-operative society which is not registered in accordance with the laws
of Sierra Leone;
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(c)
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a
body corporate-
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(i) which
is not registered or
incorporated
under under
the Companies Act; or
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(ii)
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which
is in liquidation other than a liquidation which forms part of a scheme
for the reconstruction or amalgamation of such body
corporate;
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(iii)
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in
respect of which an order has been made by a court of competent
jurisdiction for its winding up or
dissolution;
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(iv)
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which
has made a composition or arrangement with its
creditors;
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(v)
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which
has among its shareholders any shareholder who holds at least a ten
percent share of the company or a director, who would be disqualified in
terms of subparagraphs (i) or (iv) of paragraph
(a).
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Priority
of 27.
Subject to this Act, where two or more applicants, not
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applications.
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acting
together, each make an application for the grant of any mineral right over
the same area or over an overlapping area, the person whose application
was first registered in the registry of mineral rights applications shall
be considered for the grant of a mineral right in priority to the other
applicants.
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Applications 28.
(1) Subject
to subsection 2, an application for a
for
mineral mineral
right or renewal of a mineral right-
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rights.
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(a)
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shall
be submitted to the Mining Cadastre Office, in the prescribed
form;
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(b)
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shall
be accompanied by a non-refundable application
fee;
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(c)
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may
be withdrawn by the applicant after giving to the Mining Cadastre Office a
notice of withdrawal;
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(d)
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shall
upon receipt by the Mining Cadastre Office, be registered in the mining
cadastre register of mineral rights applications in the prescribed
form.
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(2)
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Subsection
(1) shall not apply to an application for or renewal of an artisanal
mining licence, and the application process for such an application or
renewal shall, subject to this Act, be determined by the
Director.
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Information,
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29.
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(1)
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The
Director may, by notice served on an
applicant
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time, etc,
for
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for
the grant of a mineral right, require the applicant to furnish
him,
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disposal
of
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within
such reasonable time as is specified in the notice, such
further
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application.
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information
relevant to the application as the Director may
require.
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(2) The
Minister may, on the advice of the Minerals Advisory Board, cause such
investigations or consultations to be made or carried out as he considers
necessary to enable him to dispose of an application for a reconnaissance
licence, exploration licence, small-scale mining licence or a large-scale mining
licence.
(3) An
application for a reconnaissance licence, exploration licence, mining licence,
small-scale mining licence or a large-scale mining licence shall be disposed of
not later than sixty calendar days after submission of the completed licence
application.
(4) An
application for an artisanal mining licence shall be disposed of not later than
fourteen calendar days after submission of the completed licence
application.
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Areas
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30.
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(1)
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Where
the Minister considers that it is in the
public
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designated
for
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interest
to encourage exploration and mining of minerals in any
area
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artisanal
and
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by
methods not involving substantial expenditure or the use
of
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small-scale
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specialised
technology, he may by notice in the Gazette, declare
that
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mining
licences.
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area
for licensing of artisanal or small-scale mining operations and Part X and
Part IX shall apply.
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(2) A
notice by the Minister under subsection (1) may prescribe that particular
minerals or all minerals in the declared area are subject to the
notice.
(3) The
Minister may, by notice in the Gazette vary or revoke any
notice published under subsection (2).
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Restrictions 31.
Where the doing of any act is regulated or prohibited by
on
exercise any statute other than this Act
nothing in this Act shall be construed as
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of
rights.
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authorising
the holder of a mineral right to do the act, otherwise than in accordance
with that statute.
|
PART
V – MINERAL
RIGHTS AND SURFACE RIGHTS
Restrictions 32. (1) The
holder of a mineral right shall not exercise any
on
exercise of
his rights, under the mineral right-
of
rights under
|
|
a mineral
right.
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(a)
|
in
respect of any land dedicated or set apart for any public purpose other
than mining including any street, road, highway, or aerodrome except with
the written consent of the responsible Minister or other authority having
control over such land;
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(b)
|
except
with the written consent of the owner or lawful occupier or his duly
authorised agent, in respect of-
|
|
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(i)
|
any
land dedicated as a place of burial or which is a place of religious or
other cultural significance;
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(ii)
|
any
land which is the site of, or which is within two hundred metres or such
greater distance as may be prescribed, of any inhabited,
occupied or temporarily unoccupied house or
building;
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(iii)
|
any
land which is within fifty metres or such greater distance as may be
prescribed, of land which has been cleared or ploughed or otherwise bona fide prepared for
the growing of, or upon which there are agricultural crops;
or
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(iv)
|
any
land which is the site of, or within one hundred metres or such greater
distance as may be prescribed, any cattle dip, tank, dam, or other body of
water,
|
but where
any consent so required is, in the opinion of the Minister, being unreasonably
withheld, the Minister may, on such conditions, if any, as he may impose, direct
in writing that the need for the consent under this paragraph shall be dispensed
with and authorise the holder of the mineral right to exercise all or any of his
rights under it;
25
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(c)
|
in
respect of any land reserved for the purpose of any railway, highway or
waterway or which is within fifty metres or such greater distance as may
be prescribed, of the boundaries of any land so reserved, except with the
written consent of the responsible railway, highway or waterway authority;
and
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(d)
|
in
respect of any land within any township, or within two hundred metres or
such greater distance as may be prescribed, of the boundaries of any
township, except with the written consent of the local authority having
control over the township.
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(2) Any
consent by the Minister under paragraph (a) of subsection (1) may be given
unconditionally or subject to such conditions as may be specified in the
instrument of consent.
Right
to
33.
(1) The
owner or lawful occupier of any land which is within an area that is the subject
of a mineral right shall retain the right to graze stock upon or to cultivate
the
graze stock and cultivate
land of such land in so far
as such grazing or
cultivation does not interfere with the proper use of such area
for reconnaissance, exploration, or mining operations.
(2) In
the case of an artisanal mining, small-scale mining or large-scale mining
licence area, the owner or lawful occupier of any land within such area shall
not erect any building or structure thereon without the consent
of the holder of the artisanal mining licence, small-scale mining licence, or
large-scale mining licence, as the case may be, which consent shall not be
unreasonably withheld.
(3) The
rights conferred by a mineral right shall be exercised reasonably and so as to
affect as little as possible the interests of any owner or lawful occupier of
the land on which such rights are exercised consistent with the reasonable and
proper conduct of the operations concerned.
(4) No
holder of a mineral right shall create unprotected pits, hazardous waste dumps
or other hazards such as to be likely to endanger the stock, crops or any lawful
activity of the owner or lawful occupier of the land covered by such mineral
right.
26
Acquisition 34. Subject to the
provisions of any law relating to the
|
of
|
exclusive acquisition of
land titles and section 38, the holder of a
large-scale
|
|
surface
|
rights mining licence
shall obtain a land lease or other rights to use the
land
|
|
by
|
holder
of upon such terms as
to the rents to be paid for the licence, the
duration
|
|
a
|
large-scale or the extent
or area of the land to which such licence shall relate,
as
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mining
|
licence. may be agreed
between such holder and such owner or lawful
occupier
|
|
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of the land or
failing that, such agreement as may be determined by the Minister on the
advice of the Minerals Advisory
Board.
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Compensation 35. (1) The
holder of a mineral right shall on demand
for
disturbance being
made by the owner or lawful occupier of any land subject to such
|
of rights,
etc.
|
rights
pay such owner or lawful occupier fair and reasonable compensation for any
disturbance of the rights of such owner or occupier and for any damage
done to the surface of the land by his operations and shall on demand
being made by the owner of any crops, trees, buildings or works damaged
during the course of such operations pay compensation for such damage
subject to section 34 and section 38 shall be deemed to be adequate
compensation for deprivation of the use of land to which such rent
relates.
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(2) In
assessing compensation payable under this section, account shall be taken of any
improvement effected by the holder of themineral right or by his predecessor in title
the benefit of which has or willinure to the owner or lawful
occupier.
(3) The
basis upon which compensation shall be payable for damage to the surface of any
land shall be the extent to which the market value of the land (for which
purpose it shall be deemed saleable) upon which the damage has occurred has been
reduced by reason of such damage, but without taking into account any enhanced
value due to the presence of minerals.
(4) No
compensation shall be payable to the occupier of a state grant of land in
respect of any operations under a mineral rightexisting at the date of such
grant.
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(5)
|
No
demand made in terms of this subsection
shall
|
entitle
the owner or lawful occupier to prevent or hinder the exercise bythe holder of a mineral right of his rights
there under pending thedetermination of compensation to be
paid.
(6) If
the holder of a mineral right fails to pay compensation when so demanded under
the provisions of this section, or if the owner or lawful occupier of any land
is dissatisfied with any compensation offered, such compensation may be
determined by the Minister on the advice of the Minerals Advisory
Board.
(7) A
claim for compensation under the provisions of subsection (1) shall be made
within a period of two years from the date when the compensation became due
failing which, not withstanding the provisions of any other enactment, such
claim shall not be enforceable.
27
Compulsory 36. (1) The
Minister may, by order published in the
acquisition Gazette, compulsorily acquire
private land or rights over or under
of
private private
land for use by the holder of a large- scale mining licence.
land.
(2) Before
making an order under subsection (1) the
Minister
shall be satisfied that-
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|
(a)
|
the
holder of a large-scale mining licence has taken all reasonable steps to
acquire on reasonable terms by agreement with the owner, the land which he
wishes to use or the right which he wishes to exercise and has been unable
to do so; and
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|
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(b)
|
the
acquisition of such land or right is necessary for mining purposes or for
purposes ancillary to mining.
|
(3) The
Minister may, under such conditions as he deems fit, including the payment of
rent, permit the holder of the large-scale mining licence the use of any land or
the exercise of any right acquired under subsection (1); but that the land or
right shall not be used or exercised by the holder for any purpose other than
the purpose for which it was acquired under subsection (1).
Compensation 37. (1) Subject
to section 38, when land is acquired
for
compulsory compulsorily
under section 36, those persons having an interest
acquisition
of in
or rights over the land concerned shall be paid adequate
|
land.
|
compensation
by the holder of the mineral right determined on the same basis as
compensation for disturbance of rights under section
35.
|
(2) The
holder of a large-scale mining licence shall, before entering into possession
for enjoyment of any land or before exercising any right over the land, make
payment of compensation as determined in accordance with subsection (1) to the
person or persons concerned or if the whereabouts of the person or persons
concerned or any of them are unknown, give such undertakings concerning the
payment of compensation as the Minister may require.
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Right to
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38.
|
(1)
|
The
Minister shall ensure that all owners or
lawful
|
|
resettlement.
|
occupiers
of land who prefer to be compensated by way of resettlement as a result of
being displaced by a proposed mining operation are resettled on suitable
alternate land, with due regard to their economic well-being and social
and cultural value so that their circumstances are similar to or improved
when compared to their circumstances before resettlement, and the
resettlement is carried out in accordance with the relevant planning
laws.
|
28
(2) The
cost of resettlement shall be borne by the holder of the mineral
right-
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|
(a)
|
as
agreed by the holder and the owner or lawful occupier of land or by
separate agreement with the Minister,
or
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|
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(b)
|
in
accordance with a determination by the Minister, except that where the
holder elects to delay or abandon the proposed mining operation which will
necessitate resettlement, the obligation to bear the cost of resettlement
shall only arise upon the holder actually proceeding with the mining
operation.
|
(3) Subject
to this section, the Minister may take the necessary action to give effect to a
resettlement agreement or determination.
PART VI - REGISTRATION,
RECORDS AND CADASTRE
Mining
39. The
Director shall establish and maintain a Mining
|
Cadastre
Office.
|
Cadastre
Office which shall be accessible to the
Public.
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Mining
40. (1) The
Mining Cadastre Office shall open and
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cadastre.
|
maintain
for the purposes of this Act registers and a cadastral survey map, to be
known collectively as the mining cadastre, comprised
of-
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(a)
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the
register of mineral rights;
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(b)
|
the
register of mineral rights applications;
and
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(c)
|
the
cadastral survey map of mineral rights and mineral rights
applications.
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(2) The
mining cadastre may include a computerised system involving a spatially related
database for registering and administering mineral rights and mineral rights
applications, but all registers shall also be maintained in paper
form.
(3) The
Mining Cadastre Office shall officially confirm mineral rights and generate
certificates as required under this Act to be issued by the
Director.
Registration 41. (1) An
application for the grant of a mineral right shall
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of
applications.
|
be
bound and serially numbered in the register of mineral rights applications
by the Mining Cadastre Office, along with such other information as is
required under this section and as may be
prescribed.
|
29
(2) The
register of mineral rights applications shall for every application contain a
record in sufficient detail as to show-
|
|
(a)
|
the
name of the applicant for the mineral right and in the case an applicant
that is a company, the names of the principal owners and or
shareholders;
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(b)
|
the
type of mineral right applied for;
|
(c) the
area to be subject to the mineral rightapplied for; and
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|
(d)
|
the
date, hour and minute the application was
registered.
|
(3) The
date, hour and minute of registration of any application for the grant of a
mineral right shall be the date, hour, and minute that a complete application is
registered in the register of mineral rights applications.
Registration 42. (1) The
granting of a mineral right shall consist of its
of
licence authentication
under the hand and seal of the Minister, or in the case
granting
a of
an artisanal mining licence under the hand and seal of the Director
|
mineral
right.
|
or
any person to whom the Director has delegated the power to authenticate
such licence.
|
(2) A
licence granting a mineral right shall be prepared in duplicate, one copy being
for the mineral right holder and the other retained by the Mining Cadastre
Office to be and serially numbered and bound, along with other information as
may be prescribed, in the register of mineral rights.
(3) The
register of mineral rights shall for every licence granting a mineral right
contain a record in sufficient detail as to show-
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(a)
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the
name of the holder of the mineral right, and if the holder is a company
the names of the principal owners and or
shareholders;
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(b)
|
the
type of mineral right;
|
|
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(c)
|
the
area subject to the mineral right;
|
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|
(d)
|
the
duration of the mineral right; and
|
30
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|
(e)
|
the
date the licence was registered.
|
(4) The
date of registration of any licence granting a mineral right shall be the date
that the licence is bound and registered in the register of mineral
rights.
(5) For
the avoidance of doubt, it is hereby declared that, upon the registration of a
licence granting a mineral right in accordance with this Act, the granting of
such right shall take effect without the need of formal acceptance by or on
behalf of the person named therein as the licence holder.
(6) The
granting of a mineral right takes effect upon the registration date of the
licence granting the right.
(7) No
licence granting a mineral right shall be issued by the Mining Cadastre Office
until all prescribed fees payable in relation to the grant and registration of
that licence have been paid.
(8) The
Mining Cadastre Office when issuing a licence granting a mineral right shall
require an acknowledgement of the receipt of the copy of the licence from the
person accepting such licence in such form as may be prescribed.
Memorials
to 43. (1) The
Director shall enter in the register of mineral
be made
in rights
a memorial of grants, renewals, area enlargements and
register
of relinquishments,
transfers, surrenders, revocations, forfeitures,
|
mineral
rights.
|
attachments,
pledges, encumbrances, fees paid, discoveries, reports submitted, changes
of address, changes of name or any other matter materially affecting the
status of or any interest in any mineral right registered under this
Act.
|
(2) Until
the memorial required under this section has been so entered in the register,
the grant, renewal, transfer, surrender, revocation, forfeiture, or change of
address shall have no effect.
(3) Where
the Director is satisfied that there has been a mistake made in, or that some
matter has been incorrectly entered in, the register of mineral rights he shall
rectify the register, by correcting that mistake or incorrect entry and shall
enter in the registry a memorial of such correction and the date the correction
was so entered.
Registered 44. Every
licence granting a mineral right registered under
licence
is this
Act shall, subject to this Act, be conclusive evidence-
conclusive
evidence.
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|
(a)
|
that
the licence and rights granted by it are vested in the person or body for
the time being named as the
licensee;
|
31
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|
(b)
|
of
the conditions and other provisions subject to which the licence is for
the time being held by the person or body, so far as the same are required
by any provision of this Act to be specified in the
document.
|
|
Prior
registers.
|
45.
|
Every
register of licences, leases and agreements pertaining to exploration and
mining rights existing at the commencement of this Act shall be retained
by the Director and, not withstanding that it may not thereafter be used
for the preparation or binding up of any document, so far as the licences
therein have not been continued into any other register, continue in use
for all other purposes of this Act.
|
|
Cadastral
|
46.
|
(1)
|
The
Director shall organize and maintain
a
|
|
survey
|
cadastral
survey map and shall have marked on
it-
|
map.
|
|
(a)
|
all
lands for which licences granting mineral rights are currently in
force;
|
|
|
(b)
|
all
lands for which licence applications for mineral rights are pending a
decision; and
|
|
|
(c)
|
all
lands known or believed to be closed to mining operations under this Act
or any other law then in force.
|
(2) Such
cadastral survey map may be in the form of physical maps or maps contained in an
electronic format or both.
|
Evidentiary
|
47.
|
(1)
|
The
Mining Cadastre Office shall upon request
and
|
|
provision.
|
on
payment of the prescribed fee, issue a certificate with respect to any of
the following matters-
|
|
|
(a)
|
that
a mineral right was applied for, granted, renewed, transferred, suspended,
cancelled or expired on, or with effect from, a date specified in the
certificate;
|
|
|
(b)
|
that
any land, identified in the certificate is, or was on a date specified in
the certificate, subject to a mineral
right;
|
|
|
(c)
|
that
a mineral specified in the certificate is a mineral to which an artisanal
mining licence, a small-scale licence or a large-scale mining licence
relates;
|
32
|
|
(d)
|
that
any condition specified in the certificate is, or was on a date so
specified, a condition of a mineral
right;
|
|
|
(e)
|
that
a certificate of surrender was issued in respect of land identified, on a
date specified in the certificate;
|
|
|
(f)
|
that
any condition specified in the certificate is a condition on which a
certificate of surrender was issued or on which any consent or approval so
specified was given; or
|
|
|
(g)
|
that
a person named in the certificate is, or was on a date specified in the
certificate, the holder of a mineral
right.
|
(2) A
certificate of the Mining Cadastre Office on any of the matters referred to in
subsection (1) shall be admissible in proceedings before any court or tribunal
as evidence of that fact, but without prejudice to the right to adduce evidence
in rebuttal.
Confidential 48. (1) Any
report submitted by the holder of a mineral
|
reports.
|
right
that is defined by this Act as a confidential report, or that is
prescribed as a confidential report, shall become non-confidential ninety
calendar days after the expiry date of the mineral
right.
|
|
|
(2)
|
Any
report required to be submitted under this Act by the holder of a mineral
right that is not defined by this Act as a confidential report and that is
not prescribed as a confidential report is a non-confidential
report.
|
|
Public
access.
|
49.
|
The
register of mineral rights, the register of mineral rights applications,
the cadastral survey map of mineral rights and applications,
non-confidential agreements, and non-confidential reports submitted by
past and present holders of a mineral right shall be open to inspection by
members of the public during normal official office hours and members of
the public shall be permitted to take copies thereof on payment of the
prescribed fees.
|
PART VII - SURRENDER,
CANCELLATION AND SUSPENSION OF
MINERAL
RIGHTS
Withdrawal
of 50. An
applicant for a mineral right or any renewal application for thereof may at any time
before the determination of his application,
|
mineral
rights.
|
withdraw
his application by notifying the Mining Cadastre Office in writing that he
wishes to withdraw such
application.
|
33
Surrender
of 51. (1) Subject
to this Act and any condition of his
area
covered mineral
right, the holder of a mineral right may surrender the area
by
mineral covered
by his mineral right or part of it by-
right.
|
|
(a)
|
giving
the Minister, not less than ninety calendar days notice of his intention
to surrender the whole or part of the area concerned;
and
|
|
|
(b)
|
complying
with such conditions as may be prescribed or stated in the mineral
right.
|
(2) Upon
compliance with paragraphs (a) and (b) of subsection (1), the Minister shall
issue a certificate of surrender to the holder.
(3) If
the application for a certificate of surrender is in respect of part only of the
area covered by the mineral right, the holder shall-
(a) in
his application-
|
|
(i)
|
provide
a reliable plan in a form and substance acceptable to the Minister, of the
area to be relinquished; and
|
|
|
(ii)
|
submit
detailed technical reports as prescribed containing all information,
results, interpretation and data relating to the surrendered area from the
commencement of the mineral right;
|
|
|
(b)
|
if
the application is approved, demarcate the remaining area in the
prescribed manner.
|
(4) No
surrender of any area covered by a mineral right shall be effective until the
Minister has issued a certificate of surrender in respect of that area upon
payment of the prescribed fee by the holder.
(5) A
surrender of an area covered by a mineral right shall be without prejudice to
any liabilities or obligations incurred by the holder in relation to the area
surrendered prior to the date of surrender.
(6) On
the issue of a certificate of surrender the Minister shall-
34
|
|
(a)
|
if
the surrender is in relation to the whole area covered by a mineral right,
cancel such right; or
|
|
|
(b)
|
if
the surrender is in relation to part only of the area covered by a mineral
right, amend the mineral right
accordingly.
|
Temporary 52. (1) The
Director, or any person authorised by the
|
suspension
|
Director,
may in writing order reconnaissance, exploration or
mining
|
|
order.
|
operations
to be temporarily suspended on an emergency basis, regardless of whether
such operations are authorized by a mineral right, until such arrangements
that are in Director’s opinion necessary to prevent danger to life,
property or the environment or to comply with this Act are
made.
|
|
|
(2) The
Director may cancel or vary the terms of any temporary suspension
order.
(3) The
Minister shall have the power to confirm a temporary suspension order made by
the Director and may not delegate this power.
(4) A
temporary suspension order shall lapse after twenty-one days of its issuance,
unless it is confirmed, in writing, by the Minister.
Suspension
and 53. (1) The
Minister after consultation with the Minerals
cancellation
of Advisory
Board may suspend or cancel a mineral right if the holder-
mineral rights.
|
|
(a)
|
fails
to make any of the payments required by or under this Act on the date
due;
|
|
|
(b)
|
fails
to meet any prescribed minimum annual programme of work or work
expenditure requirement;
|
|
|
(c)
|
grossly
violates health and safety regulations or causes environmental
harm;
|
|
|
(d)
|
employs
or makes use of child labourers;
|
|
|
(e)
|
fails
to submit reports required by this
Act;
|
|
|
(f)
|
contravenes
any provisions of this Act or the conditions of his mineral right or the
provisions of any other enactment relating to mines and
minerals;
|
|
|
(g)
|
dies
and his heir or successor in title is not qualified under this Act to hold
the mineral right, unless an application is received from the heir or
successor within ninety days of the death to transfer the right to a third
party who is so qualified and accepts all duties under the
right;
|
35
|
|
(h)
|
becomes
an un-discharged bankrupt or becomes of unsound
mind;
|
|
|
(i)
|
makes
any statement to the Minister in connection with his mineral right which
he knows or ought to have known to be
false;
|
|
|
(j)
|
fails
to substantially comply with the terms of a community development
agreement when required by this Act to do
so;
|
|
|
(k)
|
for
any reason becomes ineligible to apply for a mineral right under section
26.
|
(2) The
Minister shall, before suspending or cancelling any mineral right give notice to
the holder in such a manner as shall be prescribed and shall, in such a notice
require the holder to remedy in not less than thirty calendar days any breach of
the conditions of his mineral right.
(3) If
the holder of a mineral right fails to remedy any failure or contravention
specified in paragraphs (c), (d) and (k) of subsection (1), the Minister may, by
notice to the holder thereof, suspend or cancel the mineral right
forthwith.
(4) On
cancellation of a mineral right under this section the rights of the holder
shall cease but without prejudice to any liabilities or obligation incurred in
relation thereto prior to the date of cancellation.
(5) The
Director shall not later than seven calendar days after cancellation of a
mineral right under this section, cause the cancellation to be recorded in the
mining cadastre.
(6) The
powers of the Minister under this section shall, in relation to artisanal mining
licences, be exercised by the Director but the Director need not consult the
Minerals Advisory Board.
Assets
on
54. (1) Where
the holder of a mineral right intends to termination cease operations either
during the period of or on termination of his
|
of mineral
right.
|
mineral
right, he shall, not less than ninety calendar days or such other period
as the Director may allow before such cessation or termination, furnish to
the Director, a full register of assets showing those assets which he
intends to remove and those which he intends to leave in the area covered
by the mineral right, and shall further notify the Director of any
potentially hazardous substances, erections or excavations in
that area.
|
36
(2) On
receipt of a notice in terms of subsection (1), the Director may, if he deems it
necessary-
|
|
(a)
|
certify
that specified items of fixed machinery are necessary for the care and
maintenance of the area covered by the mineral right and such items and
machinery shall not be removed;
|
|
|
(b)
|
require
that specified buildings and other items of fixed machinery shall be
removed;
|
|
|
(c)
|
require
that potentially hazardous substances, erections and excavations be
removed or made safe in such manner as he may
direct.
|
(3) If
removal of specified assets which the holder has indicated that he wishes to
remove is prohibited under paragraph (a) of subsection (2), the Minister shall
pay reasonable compensation to the holder for such assets and any person who
acquires a mineral right over the area concerned shall reimburse the sum equal
to the compensation so paid.
(4) Upon
cessation of operations by the holder of a mineral right, the area covered by
the mineral right shall revert to the owner thereof provided that if the
Director determines that the area should be retained, it shall be so retained by
the Minister subject to payment of fair compensation to the owner for such
retention.
(5) Any
fresh water dam and the waters impounded thereby shall be left intact on
cessation of operations or termination of a mineral right.
Delivery
of 55. (1) Upon
termination of any mineral right, the holder documents on thereof shall deliver to
the Director-
termination
|
|
of mineral
rights.
|
(a)
|
all
records which the holder is obliged under the provisions of this Act to
maintain including full and detailed reports as prescribed containing all
information, results, interpretation, data and other related information
pertaining to the exploration and mining of minerals under the mineral
right;
|
|
|
(b)
|
all
plans or maps of the area subject to the mineral right prepared by the
holder or at his instructions; and
|
37
|
|
(c)
|
except
for the holder of an artisanal mining licence, a final report which shall
be a summary of previous annual reports plus a detailed report on
containing all information, results, interpretation and data relating to
all activities carried out in the final period of the licence since the
previous annual report.
|
(2) Where
the former holder of a mineral right fails to deliver any document required to
be delivered under subsection (1), the Director shall call upon such former
holder to comply with subsection (1).
PART
VIII – RECONNAISSANCE
LICENCES
Eligibility
for 56. Notwithstanding
section 26, a person shall not be eligible
reconnaissance to
apply for the grant of a reconnaissance licence under this Act
unless
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licence.
|
that
person is a company incorporated or registered under the Companies Act and
whose name has not been struck off the register of companies at the time
of the application.
|
Application
for 57. An
application for the grant of a reconnaissance reconnaissance licence shall be
submitted to the Mining Cadastre Office in the
licence. prescribed
form and-
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|
(a)
|
shall
contain the registered name and place of incorporation of the company, its
certificate of incorporation and certified copy of its memorandum and
articles of association, the names and nationalities of its directors and
the name of every shareholder who is the beneficial owner of five percent
or more of the issued share
capital;
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|
|
(b)
|
shall
contain the company profile and history of reconnaissance and exploration
operations in Sierra Leone and
elsewhere;
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|
|
(c)
|
shall
identify the name and qualifications of the person responsible for
supervising the proposed programme of reconnaissance
operations;
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|
(d)
|
shall
be accompanied by a plan of the proposed reconnaissance licence area over
which the licence is sought, drawn in such a manner and showing such
particulars as prescribed;
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38
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|
(e)
|
shall
be accompanied by a description of the contiguous blocks comprising the
proposed reconnaissance licence area, identified in the prescribed manner,
which shall be considered definitive should there be any discrepancy with
the plan submitted under paragraph
(d);
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|
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(f)
|
shall
be accompanied by a statement giving particulars of the technical and
financial resources available to the applicant, and a certified copy of
its audited accounts for the year immediately preceding the
application;
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|
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(g)
|
shall
be accompanied by a proposed programme of reconnaissance operations as
prescribed setting out in detail the work intended over the next twelve
month period together with the estimated cost, with details of the
equipment expected to be used in connection with it and the names and
particulars of the persons to be responsible for the conduct
thereof;
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|
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(h)
|
shall
state the period applied for which shall be no longer than one
year;
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|
|
(i)
|
shall
give details of any mineral right held within Sierra Leone by the
applicant or by any person controlling, controlled by or under joint or
common control with the applicant;
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|
|
(j)
|
shall
provide details of any significant adverse effects which the carrying out
of the programme of reconnaissance operations would be likely to have on
the environment and on any monument or relic in the proposed
reconnaissance area and an estimate of the cost of combating such adverse
effects;
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|
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(k)
|
shall
give or be accompanied by a statement giving particulars of the
applicant’s proposals with regard to the employment of Sierra Leone
citizens; and
|
|
|
(l)
|
may
set out any other matter which the applicant wishes the Minister to
consider.
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39
Disposal
of 58. Subject
to section 59, an application for a
application
for reconnaissance
licence may be granted or rejected by the Minister.
reconnaissance
licence.
Restriction
on 59. (1) An
application for a reconnaissance licence shall
grant
of not
be granted to an applicant-
reconnaissance
licence.
(a) where
the applicant is disqualified from
holding a
reconnaissance licence under section 26; or
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|
(b)
|
where
the applicant is in default of any of the provisions of this
Act.
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(2) Where
the proposed reconnaissance area is the same as or overlaps with, an existing
exploration licence area or an existing mining area or an area closed to
exploration and mining such exploration licence area or mining area shall be
deemed to be excluded from the application.
(3) The
reconnaissance area granted in a reconnaissance licence shall consist of
contiguous blocks that are of such shape, orientation and dimension as may be
prescribed.
(4)
Where it is necessary to fly over any land for the purpose of the exercise of
any right under a reconnaissance licence nothing in this section shall operate
to prevent any such flight from being undertaken provided it is in accordance
with section 31.
Notice
of application for 60. (1) The
Minister shall cause the applicant to be decision on notified in writing of
his decision on the application and if the application is refused, the Minister
shall give reasons for reconnaissance licence.
(2) An
applicant shall within thirty calendar days of receipt of notification of the
Minister’s decision to grant the applicant a reconnaissance licence under
subsection (1), notify the Minister of his
willingness to accept the proposed licence, failing which the application shall
lapse.
(3) An
applicant who is aggrieved by a refusal of the Minister to grant a
reconnaissance licence may appeal to the court against the
decision.
Contents
of 61. (1) A
reconnaissance licence in the prescribed form
reconnaissance shall-
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licence.
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(a)
|
state
the period for which it is granted;
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40
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|
(b)
|
include
a description of the blocks and plan of the area of land over which it is
granted; and
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(c) state
the conditions on which it is granted.
(2) There
shall be appended to a reconnaissance licence the programme of reconnaissance
operations approved by the Director which shall form part of the terms and
conditions of the reconnaissance licence.
Size
of
62. A
reconnaissance licence area shall not exceed ten
reconnaissance thousand
(10,000) square kilometres.
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|
licence
area.
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Duration
and 63. (1) A
reconnaissance licence shall be valid for a renewal of period not exceeding one
year.
reconnaissance
licence.
(2) The
holder of a reconnaissance licence may, not later
than ninety calendar days before the expiry of the licence apply to the Mining
Cadastre Office for renewal of the licence.
(3) An
application for renewal of a reconnaissance licence-
(a) shall
be accompanied by-
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|
(i)
|
a
report on reconnaissance operations carried out so far and the direct
costs incurred thereby;
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(ii)
|
a
proposed programme of reconnaissance operations to be carried out during
the period of renewal and the estimated cost
thereof;
|
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|
(iii)
|
a
plan identifying that part of the reconnaissance area for which renewal is
sought; and
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|
(iv)
|
a
description of the blocks comprising the reconnaissance area for which
renewal is sought, identified in the prescribed
manner;
|
|
|
(b)
|
shall
give particulars of any alteration in the matters stated in the
application for the grant of the licence pursuant to paragraph (a) of
section 57.
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41
(4) The
Mining Cadastre Office shall forward an application for the renewal of a
reconnaissance licence to the Minerals Advisory Board after the application is
complete.
(5) Where
the Minerals Advisory Board has determined that an application for the renewal
of a reconnaissance licence has met all requirements under this Act for such
licence the Board shall certify to the Minister in the prescribed form that it
advises that the application be approved, and such certification shall be
recorded in the mining cadastre registry of mineral rights
applications.
(6) Subject
to sections 26 and 59 the Minister may on the certified advice of the Minerals
Advisory Board, renew the licence with or without variation of the conditions of
the initial licence, for a period not exceeding one year with no option for a
further renewal.
(7) The
applicant shall be notified in writing of the decision on the application and if
the application is refused, the Minister shall give reasons for such
refusal.
Rights
of
64. (1) Subject
to this Act and the conditions of a
holder
of reconnaissance
licence granted under this Act, the holder of a reconnaissance reconnaissance licence,
his employees, servants or agents shall
licence. have
the non-exclusive right to carry on reconnaissance operations in
the
reconnaissance area.
(2) For
the purpose of exercising the right conferred under subsection (1), the holder
of a reconnaissance licence may-
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|
(a)
|
enter
on or fly over the reconnaissance area to carry on approved reconnaissance
operations on a non-exclusive
basis;
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|
(b)
|
take
and remove specimens and samples from the reconnaissance area not
exceeding such limit as is reasonably required for reconnaissance
purposes;
|
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|
(c)
|
sell,
with the prior written permission of the Director, mineral specimens and
samples obtained from reconnaissance
operations;
|
|
|
(d)
|
subject
to any law then in force, take timber and water from any lake or
watercourse for the purposes of reconnaissance
operations;
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|
(e)
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erect
camps and temporary buildings, including installations in any water
forming part of the reconnaissance area provided that the
erection of any camp or building under this paragraph shall not be
construed as conferring any right, title or interest in the
land;
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42
|
|
(f)
|
remove
on or before the termination of the reconnaissance operations, any camps,
temporary buildings or installations which the holder may have
erected.
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Obligations
of 65. (1) The
holder of a reconnaissance licence shall-
holder
of
reconnaissance (a) commence
reconnaissance operations
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licence.
|
within
ninety calendar days of the date of issue of the reconnaissance
licence;
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|
|
(b)
|
carry
out reconnaissance operations in accordance with his approved programme of
reconnaissance operations;
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|
|
(c)
|
not
engage in drilling, excavation or other subsurface exploration
techniques;
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|
(d)
|
not
remove any mineral from the reconnaissance area except for the purpose of
having such mineral analysed, valued or
tested;
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|
|
(e)
|
be
subject to all taxes, royalty and other fees relating to a sale of
minerals as authorized in paragraph (c) of subsection (2) of section 64 as
if the minerals sold were obtained under a mining
licence;
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|
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(f)
|
compensate
users of land for damage to land and property resulting from
reconnaissance operations in the licence
area;
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|
|
(g)
|
maintain
and restore, from any damage resulting from reconnaissance operations, the
land subject to the licence to a safe state and in compliance with
environmental laws and standards;
|
|
|
(h)
|
unless
the Director otherwise stipulates, remove within sixty calendar days of
the expiration of the reconnaissance licence, any camps, temporary
buildings or machinery erected or installed by the holder and repair or
otherwise make good any damage to the surface of the ground occasioned by
such removal to the satisfaction of the
Director;
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43
|
|
(i)
|
subject
to the conditions of the reconnaissance licence and the provisions of
section 67, expend on reconnaissance operations in accordance with his
programme of reconnaissance operations, not less than such amount as may
be specified in the reconnaissance
licence;
|
|
|
(j)
|
annually
submit to the Director and the Director of Geological Survey, a
confidential report containing the information required under the licence
in such form as may be prescribed, which shall include, but not be limited
to copies of the records required under subsection
(2);
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|
|
(k)
|
provide
the full results, data and interpretation as prescribed of any airborne
geophysical survey done in connection with the reconnaissance licence area
within six months of acquisition;
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|
|
(l)
|
employ
and train Sierra Leoneans in accordance with the approved proposals the
particulars of which have been appended to the licence;
and
|
|
|
(m)
|
keep
and maintain in Sierra Leone an address to be registered with the Minister
and to which all communications and notices may be
addressed.
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(2) The
holder of a reconnaissance licence shall keep at the address referred to in
paragraph (m) of subsection (1), full and accurate records, to the satisfaction
of the Minister, of its reconnaissance operations which shall show, among other
things-
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|
(a)
|
minerals
discovered;
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|
(b)
|
the
results of any geochemical or geophysical
analysis;
|
|
|
(c)
|
the
results of any analysis or identification of minerals removed for such
purposes;
|
44
|
|
(d)
|
the
geological interpretation of the records maintained under paragraphs (a)
to (c);
|
|
|
(e)
|
the
number and particulars of persons
employed;
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|
|
(f)
|
other
work done in connection with the reconnaissance licence;
and
|
|
|
(g)
|
such
other matters as may be prescribed.
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(3) The
holder of a reconnaissance licence shall submit to the Director and the Director
of Geological Survey not later than ninety calendar days after the end of each
year of the licence, an audited statement of expenditure directly incurred under
the licence.
(4) Any
person who fails to keep any record or information required to be kept under
subsection (2) or fails to supply any record or information to the Director or
the Director of Geological Survey or who supplies any false or misleading record
or information commits an offence.
Status
of
66. Where
any area of land becomes an exploration licence
reconnaissance area
or mining area, or becomes closed to exploration or mining
|
licence
areas.
|
operations
under this or any other law, it ceases to be subject to any reconnaissance
licence.
|
Amendment
of 67. The
holder of a reconnaissance licence may from time
|
programme
of
|
to
time, notify the Director of amendments he wishes to make to
his
|
|
reconnaissance
|
programme
of reconnaissance operations and such amendments
shall,
|
|
operations.
|
unless
the Director rejects them within one month after being notified, have
effect after such period.
|
Transfer
of 68. A
reconnaissance licence is not transferable. reconnaissance
licence.
PART
IX – EXPLORATION
LICENCES
Eligibility
for 69. Notwithstanding
the section 26, a person shall not be
exploration be
eligible to apply for the grant of an exploration licence under this
Act
|
licence.
|
unless
that person is a company incorporated or registered under the Companies
Act and whose name has not been struck off the register of companies at
the time of the application.
|
Application
for 70.
An application for the grant of an exploration licence exploration shall be submitted to the
Mining Cadastre Office in the prescribed form
licence. and-
45
|
|
(a)
|
shall
contain the registered name and place of incorporation of the company, its
certificate of incorporation and certified copy of its memorandum and
articles of association, the names and nationalities of its directors and
the name of every shareholder who is the beneficial owner of five percent
or more of the issued share
capital;
|
|
|
(b)
|
shall
contain the company profile and history of exploration operations in
Sierra Leone and elsewhere;
|
|
|
(c)
|
shall
identify the name and qualifications of the person responsible for
supervising the proposed programme of exploration
operations;
|
|
|
(d)
|
shall
be accompanied by a plan of the proposed exploration licence area over
which the licence is sought, drawn in such a manner and showing such
particulars as prescribed;
|
|
|
(e)
|
shall
be accompanied by a description of the contiguous blocks comprising the
proposed exploration licence area, identified in the prescribed manner,
which shall be considered definitive should there be any discrepancy with
the plan submitted under paragraph
(d);
|
|
|
(f)
|
shall
be accompanied by a statement giving particulars of the technical and
financial resources available to the applicant, and a certified copy of
its audited accounts for the year immediately preceding the
application;
|
|
|
(g)
|
shall
be accompanied by a proposed programme of exploration operations as
prescribed setting out in detail the work intended over the next twelve
month period together with the estimated cost, plus an indicative
programme for the remainder of the period applied for, together with
details of the equipment expected to be used in connection with it and the
names and particulars of the persons to be responsible for the conduct
thereof (such programme should be adequate and appropriate in relation to
existing knowledge, describe the known geology and mineral prospectivity,
and set out a plan that is likely to significantly build on the existing
knowledge or the further definition of a known mineral
deposit);
|
46
|
|
(h)
|
shall
state the period applied for;
|
|
|
(i)
|
shall
give details of any mineral right held within Sierra Leone by the
applicant or by any person controlling, controlled by or under joint or
common control with the applicant;
|
|
|
(j)
|
shall
provide details of any significant adverse effects which the carrying out
of the programme of exploration operations would be likely to have on the
environment and on any monument or relic in the proposed exploration
licence area and an estimate of the cost of combating such adverse
effects;
|
|
|
(k)
|
shall
give or be accompanied by a statement giving particulars of the
applicant’s proposals with regard to the employment and training of Sierra
Leone citizens; and
|
|
|
(l)
|
may
set out any other matter which the applicant wishes the Minister to
consider.
|
Disposal
of 71. (1) The
Mining Cadastre Office shall forward an application for application for the grant
of an exploration licence to the Minerals exploration licence. Advisory Board
after the application is complete.
(2) Where
the Minerals Advisory Board has determined that an application for the grant of
an exploration licence has met all the requirements under the Act for such
licence the Board shall certify to the Minister in the prescribed form that it
advises that the application be approved, and such certification shall be
recorded in the mining cadastre register of mineral rights
applications.
(3) Subject
to section 73, an application for an exploration licence certified by the Board
and meeting all the criteria set out in section 70 and prescribed in regulations
shall be granted or refused by the Minister.
47
Notice
of
72. (1) The
Minister shall cause the applicant to be decision on notified in writing of
his decision on the application and if the application for application is refused,
the Minister shall give reasons for such exploration refusal.
licence.
(2) An
applicant shall within thirty calendar days of receipt of notification of the
Minister’s decision to grant the applicant an exploration licence under
subsection (1), notify the Minister of his willingness to accept the proposed
licence, failing which the application shall lapse.
(3) Where
the Minister has refused an application for an exploration licence and the cause
given by the Minister for such refusal can be remedied by the applicant, if the
cause has been remedied within thirty calendar days of receiving the notice
under subsection (2), the licence holder may on a priority basis reapply for the
licence within such thirty day period, but if the Minister still judges the
application to be unacceptable, he shall notify the applicant within a further
thirty days, whereupon the Minister’s decision shall be final.
(4) An
applicant who is aggrieved by a refusal of the Minister to grant an exploration
licence may appeal to the court against the decision.
Restriction
on 73. (1) An
application for an exploration licence shall not
grant
of be
granted to an applicant-
exploration
|
|
licence.
|
(a)
|
where
the applicant is disqualified from holding an exploration licence under
section 26;
|
|
|
(b)
|
where
the proposed exploration licence area is the same as or overlaps with, an
existing exploration licence area or an existing mining area; or an area
closed to exploration and mining;
|
|
|
(c)
|
where
the proposed exploration licence area is the same or overlaps with any
area the subject of an earlier registered application for an
exploration, artisanal mining, small-scale mining, or large-scale
mining licence that has not yet been granted or rejected;
or
|
|
|
(d)
|
where
the applicant is in default of any of the provisions of this
Act.
|
(2) The
exploration licence area granted in an exploration licence shall consist of
blocks that are of such shape, orientation and dimension as may be
prescribed.
48
(3)
Where it is necessary to fly over any land for the purpose of the exercise of
any right under an exploration licence nothing in this section shall operate to
prevent any such flight from being undertaken provided it is in accordance with
section 31.
Contents
of 74. (1) An
exploration licence in the prescribed form shall-
exploration
|
licence.
|
(a)
|
state
the period for which it is granted;
|
|
|
(b)
|
include
a description and plan of the area of land over which it is granted;
and
|
(c) state
the conditions on which it is granted.
(2) There
shall be appended to an exploration licence the programme of exploration
operations approved by the Director and the prescribed minimum expenditure
obligation which shall form part of the terms and conditions of the exploration
licence.
Size
of
75. An
exploration licence area shall not exceed two hundred exploration and fifty square
kilometres.
licence
area.
Duration
and 76. (1) An
exploration licence shall be valid for an renewals of initial period not
exceeding four years.
exploration
|
licence.
|
(2)
|
The
holder of an exploration licence may, not later than ninety calendar days
before the initial expiry of the licence apply to the Mining Cadastre
Office for a first renewal of the licence in respect of not more than one
hundred and twenty-five square kilometres of the exploration licence area,
except that where the results of exploration to date strongly indicate the
presence of widespread mineralisation such that a surrender to one hundred
and twenty-five square kilometres would result in some highly prospective
areas being surrendered, the Minister, on the advice of the Minerals
Advisory Board, may exceptionally allow such areas constituting more than
one hundred and twenty five square kilometres to be
retained.
|
(3) An
application for the first renewal of an exploration licence-
(a) shall
be accompanied by-
|
|
(i)
|
a
detailed annual report as prescribed describing all operations carried out
in the previous year together with an annual financial report for the same
period, plus a surrender report as prescribed, covering in detail all work
carried out over any portion of the ground to be surrendered and
accompanied by all results, data, information and interpretation since the
grant of the exploration licence;
|
49
|
|
(ii)
|
a
proposed programme of exploration operations to be carried out during the
period of first renewal and the estimated cost
thereof;
|
|
|
(iii)
|
a
plan identifying that part of the exploration licence area for which
renewal is sought;
|
|
|
(iv)
|
a
description of the contiguous blocks comprising the exploration licence
area for which renewal is sought, identified in the prescribed manner;
and
|
|
|
(b)
|
shall
give particulars of any alteration in the matters stated in the
application for the grant of the licence under paragraphs (a), (f), (h),
(j) and (k) of section 70.
|
(4) The
Mining Cadastre Office shall forward an application for the first renewal of an
exploration licence to the Minerals Advisory Board.
(5) Upon
receipt of a completed application for the renewal of an explorations licence
from the Mining Cadastre Office, where the Minerals Advisory Board has
determined that an application for the renewal of an exploration licence has met
all the criteria for such licence the Board shall certify to the Minister in the
prescribed form that it advises that the application be approved, and such
certification shall be recorded in the mining cadastre registry.
(6) The
Minister shall, subject to all prescribed criteria of this Act and of the
regulations, on the certified advice of the Minerals Advisory Board, renew the
licence for the reduced area applied for with or without variation of the
conditions of the initial licence, for a period not exceeding three
years.
(7) The
holder of an exploration licence may, not later than ninety calendar days before
the expiry of a once-renewed licence apply to the Mining Cadastre Office for a
second renewal of the licence.
50
(8) An
application for the second renewal of an exploration licence-
(a) shall
be accompanied by-
|
|
(i)
|
a
report on exploration operations carried out so far and the direct costs
incurred thereby;
|
|
|
(ii)
|
a
proposed programme of exploration operations, feasibility studies, and
environmental impact assessments to be carried out during the period of
second renewal and the estimated cost
thereof;
|
|
|
(iii)
|
a
plan identifying that part of the exploration licence area for which
renewal is sought, which shall not be greater than one hundred and
twenty-five square kilometres unless it can be conclusively demonstrated
that to do so would unavoidably exclude part of an economically
recoverable mineral deposit;
|
|
|
(iv)
|
a
description of the blocks comprising the exploration licence area for
which renewal is sought, identified in the prescribed
manner;
|
|
|
(b)
|
shall
give particulars of any alteration in the matters stated in the
application for the grant of the licence under paragraphs (a), (f), (h),
(j) and (k) of section 70; and
|
|
|
(c)
|
shall
provide evidence that a mineral discovery has been made that may be of
commercial value.
|
(9) The
Mining Cadastre Office shall forward an application for the second renewal of an
exploration licence to the Minerals Advisory Board.
(10) Upon
receipt of a completed application for the second renewal of an explorations
licence from the Mining Cadastre Office, where the Minerals Advisory Board has
determined that an application for the second renewal of an exploration licence
has met all the criteria and where the holder of an exploration licence who has
made and reported a discovery of possible commercial value, the Board shall
certify to the Minister in the prescribed form that it advises that the
application be approved, and such certification shall be recorded in the mining
cadastre registry.
51
(11) The
Minister shall on the certified advice of Minerals Advisory Board confirming all
prescribed criteria of this Act and of the regulations have been met, renew the
licence for a period not exceeding two years.
(12) The
applicant shall be notified in writing of the decision on renewal applications,
and if an application is refused, the Minister shall give reasons for such
refusal.
(13) Where
the Minister has refused an application to renew an exploration licence that is
renewable and the cause given by the Minister for such refusal can be remedied
by the holder of the licence, if the cause has been remedied with thirty
calendar days of receiving the notice under subsection (12), the licence holder
may reapply for a renewal of the licence within such thirty day
period.
Rights
of
77. (1) Subject
to this Act and the conditions of an
holder
of exploration
licence granted under this Act, the holder of an
exploration exploration
licence, his employees, servants or agents shall have the
|
licence.
|
exclusive
right to carry on approved exploration operations in the exploration
licence area.
|
(2) For
the purpose of exercising the right conferred under subsection (1), the holder
of an exploration licence may enter upon the exploration licence area together
with his employees, servants or agents and may-
|
|
(a)
|
explore
thereon for all minerals;
|
|
|
(b)
|
drill
boreholes and make such excavations as may be
necessary;
|
|
|
(c)
|
take
and remove specimens and samples from the exploration licence area not
exceeding such limit as is reasonably required for
exploration;
|
|
|
(d)
|
sell,
with the prior written permission of the Director, mineral specimens and
samples obtained from exploration
operations;
|
|
|
(e)
|
subject
to any law then in force, take timber and water from any lake or
watercourse for the purposes of
exploration;
|
52
|
|
(f)
|
erect
camps and temporary buildings, including installations in any water
forming part of the exploration licence area provided that the erection of
any camp or building under this paragraph shall not be construed as
conferring any right, title or interest in the land;
and
|
|
|
(g)
|
remove
on or before the termination of the exploration operations, any camps,
temporary buildings or installations which the holder may have
erected.
|
Obligations
of 78. (1) The
holder of an exploration licence shall-
holder
of
exploration (a) commence
exploration operations within
|
licence.
|
ninety
calendar days of the date of issue of the exploration
licence;
|
|
|
(b)
|
carry
out exploration operations within the exploration licence area in
accordance with his approved programme of exploration
operations;
|
|
|
(c)
|
comply
with such annual programme of exploration operations expenditure
requirements as prescribed;
|
|
|
(d)
|
not
remove any mineral from the exploration licence area except for the
purpose of having such mineral analysed, valued or
tested;
|
|
|
(e)
|
be
subject to all taxes, royalty and other fees relating to a sale of mineral
specimens and samples as authorized in paragraph (d) of subsection (2) of
section 77 as if the minerals sold were obtained under a mining
licence;
|
|
|
(f)
|
inform
landowners and users of land within the exploration licence area about
exploration operations in such manner as prescribed and as directed by the
Director;
|
|
|
(g)
|
compensate
users of land for damage to land and property resulting from exploration
operations in the licence area;
|
53
|
|
(h)
|
notify
the Minister of the discovery of any mineral deposit of possible economic
value within a period of thirty calendar days of such
discovery;
|
|
|
(i)
|
backfill
or otherwise make safe any boreholes or excavations made during the course
of exploration operations to the reasonable satisfaction of the
Director;
|
|
|
(j)
|
unless
the Director otherwise stipulates, remove within sixty calendar days of
the expiration of the exploration licence, any camps, temporary buildings
or machinery erected or installed by the holder and repair or otherwise
make good any damage to the surface of the ground occasioned by such
removal to the satisfaction of the
Director;
|
|
|
(k)
|
semi-annually
submit to the Director and the Director of Geological Survey, a
confidential report summarizing progress against the approved work
programme in such form as may be
prescribed;
|
|
|
(l)
|
annually
submit to the Director and the Director of Geological Survey, a
confidential report containing the information required under the licence
in such form as may be prescribed, which shall include, but not be limited
to copies of the records required under subsection
(2);
|
|
|
(m)
|
provide
the full results, data and interpretation as prescribed of any airborne
geophysical survey done in connection with the exploration licence area
within six months of acquisition;
|
|
|
(n)
|
employ
and train Sierra Leoneans in accordance with the approved proposals the
particulars of which have been appended to the
licence;
|
|
|
(o)
|
keep
and maintain in Sierra Leone an address to be registered with the Minister
and to which all communications and notices may be addressed;
and
|
54
|
|
(p)
|
notify
the Director whenever there has been a change in the ownership of the
licence holder and any single interest exceeds forty percent interest in
the licence holder.
|
(2) The
holder of an exploration licence shall keep at the address referred to in
paragraph (o) of subsection (1), full and accurate records, to the satisfaction
of the Minister, of its exploration operations which shall show, among other
things-
|
|
(a)
|
boreholes
drilled;
|
|
|
(b)
|
strata
penetrated, with detailed logs of such
strata;
|
|
|
(c)
|
minerals
discovered;
|
|
|
(d)
|
the
results of any geochemical or geophysical
analysis;
|
|
|
(e)
|
the
results of any analysis or identification or minerals removed for such
purposes;
|
|
|
(f)
|
the
geological interpretation of the records maintained under paragraphs (a)
to (e);
|
|
|
(g)
|
the
number and particulars of persons
employed;
|
|
|
(h)
|
other
work done in connection with the exploration
licence;
|
|
|
(i)
|
all
expenditures made that satisfy annual prescribed programme of exploration
operations expenditure requirements;
and
|
|
|
(j)
|
such
other matters as may be prescribed.
|
(3) The
holder of an exploration licence shall submit to the Director and the Director
of Geological Survey not later than ninety calendar days after the end of each
year of the licence, an audited statement of itemized expenditure directly
incurred under the licence in respect to acceptable exploration activities as
prescribed, and any moneys required to be spent under the provisions of
paragraph (c) of subsection (1) and which are not so spent shall be a debt due
to the Government recoverable in a court of competent jurisdiction.
(4) Any
person who fails to keep any record or information required to be kept under
subsections (1), (2) or (3) or fails to supply any record or information to the
Director or the Director of Geological Survey or who supplies any false or
misleading record or information commits an offence and shall be liable to a
fine not less than two thousand United States Dollars or its equivalent in
leones.
55
Ancillary
rights 79. (1) The
holder of an exploration licence shall have,
of holder
of subject
to the provisions of this Act, the exclusive right to apply for a
an
exploration small-scale
or large-scale mining licence over any part of or the entire
licence. exploration
licence area.
(2) An
application under subsection (1) shall be made in accordance with the provisions
of this Act and not later than ninety calendar days before expiration of the
exploration licence.
Status
of
80. (1) Where
an exploration licence is due to expire
exploration pending
determination of an application for a small-scale or large-
licence
on scale
mining licence made by the holder of the exploration licence, the
application
for exploration
licence shall continue to have effect over the exploration
or grant
of area
until the application is finally disposed of in accordance with
this
mining
licence. Act.
(2) Upon
the grant of a small-scale or large-scale mining licence the exploration licence
held by the holder of the small-scale or large-scale mining licence shall cease
to have effect in the mining licence area.
(3) An
exploration licence shall continue to have effect notwithstanding that the
exploration licence area has ceased to be in the shape or to have the dimensions
prescribed in respect of exploration licence area.
Status
of
81. Where
any area of land becomes closed to exploration or
exploration mining
operations under this or any other law, such closure shall be
|
licence
areas.
|
deemed
not applicable to any exploration licence area, or any area applied for in
an application for a small-scale or large-scale mining licence emergent
from such exploration licence area, registered prior to such
closure.
|
Amendment 82. The
holder of an exploration licence may from time to
of
programme time,
notify the Minister of amendments he wishes to make to his
|
of
exploration
|
programme
of exploration operations and such amendments
shall,
|
|
operations.
|
unless
the Minister rejects them within sixty calendar days after being notified,
have effect after such period.
|
Transfer
of 83. (1) An
application for transfer of an exploration
exploration licence
shall be made to the Mining Cadastre Office in the prescribed
|
licence.
|
form
and shall state details of the transfer as may be prescribed together with
such other information as the Minister on the advice of the Minerals
Advisory Board, may require.
|
56
(2) The
Mining Cadastre Office shall forward an application for transfer of an
exploration licence to the Minerals Advisory Board after the application is
complete.
(3) Where
the Minerals Advisory Board has determined that an applicant for the transfer of
an exploration licence and the transferee have met all requirements under this
Act for such transfer the Board shall certify to the Minister in the prescribed
form that it advises that the application be approved, and such certification
shall be recorded in the mining cadastre.
(4) The
Minister shall on the certified advice of the Minerals Advisory Board following
an application under subsection (1), give or refuse to give his approval in
writing, subject to such conditions as he deems necessary in the circumstances,
to impose.
(5) The
Minister shall cause the applicant to be notified in writing of his decision on
the application and if the application is refused, the Minister shall give
reasons for such refusal.
(6) A
transfer, assignment, pledge, or other encumbrance of an exploration licence
shall not take effect unless and until it is registered in the mining cadastre
under section 43.
(7) Upon
the registration of the transfer of an exploration licence, the transferee shall
assume and be responsible for all rights, liabilities and duties of the
transferor under the exploration licence.
|
PART
X -
ARTISANAL
MINING LICENCES
|
Eligibility
for 84. (1) Any
person who wishes to carry out artisanal
|
artisanal
|
mining
operations shall apply for an artisanal mining
licence.
|
|
|
mining
licences.
|
(2) An
artisanal licence shall be granted to-
|
|
(a)
|
an
individual person who is a citizen of Sierra
Leone;
|
|
|
(b)
|
a
co-operative society registered in Sierra Leone comprising citizens of
Sierra Leone exclusively;
|
|
|
(c)
|
a
joint-venture or partnership registered in Sierra Leone comprising
citizens of Sierra Leone exclusively;
or
|
|
|
(d)
|
a
body corporate that is incorporated or registered in Sierra Leone having
one hundred percent of its shares held by citizens of Sierra
Leone.
|
57
(3) All
such co-operatives and partnerships shall register with the Director and shall
provide such documentation as the Director may require.
Application
for 85.
(1) An
application for the grant of an artisanal mining
artisanal licence
shall be made to the Director in such form as may be
mining
licence. prescribed.
(2) An
application for the grant of an artisanal mining licence shall-
|
|
(a)
|
be
accompanied by a statement giving particulars of the capital and
experience available to the applicant to conduct exploration and mining
operations of the mineral efficiently and
effectively;
|
|
|
(b)
|
be
accompanied by a plan of the area over which the licence is sought drawn
in such manner as the Director may
require;
|
|
|
(c)
|
be
accompanied by documentary evidence that consent to use the land for
mining purposes has been given to the applicant by the Chiefdom Mining
Allocation Committee or rightful occupiers or owners of the land for
mining purposes;
|
|
|
(d)
|
shall
state the period applied for;
|
|
|
(e)
|
give
or be accompanied by a statement giving particulars of the programme of
proposed mining operations, including a statement
of-
|
|
|
(i)
|
the
likely effects of the proposed mining operations on the environment and on
the local population and proposals for mitigation and compensation
measures;
|
|
|
(ii)
|
any
particular risks (whether to health or otherwise) involved in mining the
minerals, particularly radioactive minerals, and proposals for their
control or elimination;
|
58
|
|
(iii)
|
the
proposed marketing arrangements for the sale of the mineral production;
and
|
|
|
(f)
|
set
out any other matter which the applicant wishes the Director to
consider.
|
Disposal
of 86. (1) The
Director may, subject to sections 26 and 87, application grant or refuse to grant
an artisanal mining licence.
for artisanal
|
mining
licence.
|
(2)
|
Any
person aggrieved by the refusal of the Director to grant that person an
artisanal mining licence may appeal to the Minister, whose decision shall
be final.
|
Restriction 87. (1) No
person other than the holder of an exploration
on grant
of licence
shall be granted an artisanal mining licence in respect of land
artisanal which
constitutes the exploration licence area or part of the
|
mining
licence.
|
exploration
licence area, except with the consent of the exploration licence
holder.
|
|
|
(2)
|
No
artisanal mining licence shall be granted to an applicant in an area
designated under section 30 for small-scale mining
operations.
|
Contents
of 88. (1) An
artisanal mining licence in the prescribed form
artisanal shall-
|
mining
licence.
|
(a)
|
state
the period for which it is granted;
|
|
|
(b)
|
include
a description and plan of the area of land over which it is granted;
and
|
(c) state
the conditions on which it is granted.
(2) There
shall be appended to an artisanal mining licence a certified copy of the
agreement between the applicant and the Chiefdom Mining Allocation Committee or
the rightful occupiers or owners of the land over which the artisanal mining
licence is granted which shall form part of the terms and conditions of the
artisanal mining licence.
Size
of
89. (1) An
artisanal mining licence area shall not be more
artisanal than
one half hectare.
mining
licence
|
area.
|
(2)
|
Every
artisanal mining licence area shall be demarcated by an authorised officer
in such manner as may be prescribed or as the authorised officer may, in
the circumstances consider
appropriate.
|
Duration
and 90. (1) Subject
to subsection (2), an artisanal mining
renewal
of licence
shall be valid for a period of one year and may be renewed
for
artisanal for
up to three further periods not exceeding one year at a time.
mining licences.
(2) An
artisanal mining licence shall not be renewed pursuant to subsection
(1)-
59
|
|
(a)
|
if
the artisanal mining licence area has ceased to be an area declared for
artisanal mining operations;
|
|
|
(b)
|
in
respect of any mineral which has ceased to be a mineral prescribed for
artisanal mining operations;
|
|
|
(c)
|
unless
the Director is satisfied that the applicant has carried on, in good
faith, within the limits of its competence and resources, mining
operations in the artisanal mining licence area and intends to continue
doing so;
|
|
|
(d)
|
if
the applicant has not carried out effective rehabilitation and reclamation
of the applicant’s mined out areas to the satisfaction of the Director and
authorities responsible for the protection of the environment or paid the
prescribed fee;
|
|
|
(e)
|
if
the applicant has not reported diligently on its mining operations;
or
|
|
|
(f)
|
if
the applicant is in default and the Director is not prepared to waive
the default.
|
Rights and
duties 91. (1) Subject
to the provisions of this Act or any
of holders
of other
law and any condition of an artisanal mining licence, the holder
artisanal of
an artisanal licence shall have the exclusive right to carry on
|
mining
licences.
|
exploration
and mining operations in the licensed
area.
|
(2) The
holder of an artisanal mining licence may, in the exercise of the right
conferred under subsection (1), enter the licensed area and remove minerals from
the area and dispose of the mineral in respect of which the licence was
issued.
(3) The
holder of an artisanal mining licence shall-
|
|
(a)
|
within
the limits of its competence and resources, carry on in good faith, in the
licensed area, exploration or mining
operations;
|
60
|
|
(b)
|
furnish
the Director with such information relating to its exploration or mining
operations as the Director may reasonably require or as may be
prescribed;
|
|
|
(c)
|
carry
out promptly any directives relating to its exploration or mining
operations which may be given to the holder by the Director for the
purposes of ensuring safety or good mining
practices;
|
|
|
(d)
|
if
not personally supervising the exploration or mining operations under the
licence, employ a Mines Manager for the purpose of supervising its
exploration or mining operations provided that all such Mines Managers
must be approved by the Director and shall carry with them such means of
identification as the Director may
direct;
|
|
|
(e)
|
employ
in the area in respect of which the licence is issued not more than fifty
labourers or tributers per artisanal mining
licence;
|
|
|
(f)
|
sell
the minerals obtained in the artisanal mining licence area as
prescribed;
|
|
|
(g)
|
carry
out rehabilitation and reclamation of mined out
areas;
|
|
|
(h)
|
keep
accurate records of winnings from the artisanal mining licence area and
such records shall be produced for inspection on demand by the Director or
a duly authorised officer; and
|
|
|
(i)
|
submit
such reports are may be prescribed.
|
Revocation
of 92. The
Director may revoke an artisanal mining
artisanal licence
if he is satisfied in respect of the licence that-
mining
licence.
|
|
(a)
|
the
holder of the licence, including any member of a cooperative or a
partnership or a shareholder of a body corporate, is not a Sierra Leone
citizen; or
|
61
|
|
(b)
|
no
mining operations have commenced within a period of one hundred and eighty
calendar days from the date of registration or renewal of the
licence.
|
Notice to
remedy 93. (1) Where
an authorised officer considers any dangerous or mining operation under an
artisanal mining licence or anything, matter
defective
mining or
practice in or connected with any such mining operation to be so
|
operations.
|
dangerous
or defective as in his opinion to be likely to cause bodily injury to any
person, he may give notice in writing of it to the holder of the
licence.
|
(2) A
notice issued pursuant to subsection (1) may require the danger or defect to be
remedied or removed, either immediately or within such time as may be specified,
and if the authorised officer considers it necessary, order the mining
operations to be suspended until the danger is removed or the defect remedied to
his satisfaction.
(3) The
holder of an artisanal mining licence to whom notice has been given under
subsection (1), shall comply with the notice.
(4) If
the holder of an artisanal mining licence intends to object to any requirement
or order given by the authorised officer, he shall forthwith cease the mining
operations or that part of the operations affected by the notice and appeal to
the Director against the order.
(5) On
an appeal made to the Director pursuant to subsection (4), the Director shall
inquire into the matter and his decision thereon shall be final.
Transfer
of 94. An
artisanal mining licence is not transferable.
artisanal
mining
licence.
|
|
|
PART
XI SMALL-SCALE MINING
LICENCES |
Eligibility
for 95. (1) Any
person who wishes to carry out small-scale
|
small-scale
|
mining
operations shall apply for a small-scale mining
licence.
|
|
|
mining
licences.
|
(2) A
small-scale mining licence shall be granted to-
|
|
(a)
|
a
body corporate that is incorporated or registered in Sierra Leone and
having a minimum of twenty-five percent of its shares held by citizens of
Sierra Leone; or
|
|
|
(b)
|
a
co-operative society registered in Sierra Leone having a minimum of
twenty-five percent of its member being citizens of Sierra
Leone.
|
62
(3) All
such co-operatives and bodies corporate shall register with the Director and
shall provide such documentation as the Director may require.
Application
for 96. (1) An
application for the grant of a small-scale
small-scale mining
licence shall be submitted to the Mining Cadastre Office in the
mining
licence. prescribed
form.
|
|
(2) An
application for the grant of a small-scale mining licence shall-
|
|
(a)
|
be
accompanied by a plan of the area over which the licence is sought drawn
in such manner as prescribed;
|
|
|
(b)
|
be
accompanied by documentary evidence that consent to use the land for
mining purposes has been given to the applicant by the Chiefdom Mining
Allocation Committee or the rightful occupiers or owners of the land for
mining purposes;
|
|
|
(c)
|
identify
the minerals in respect of which the licence is
sought;
|
|
|
(d)
|
state
the period applied for;
|
|
|
(e)
|
be
accompanied by a technological report on mining and treatment
possibilities and the intention of the applicant in relation to
them;
|
|
|
(f)
|
give
or be accompanied by a statement giving particulars of the proposed
programme of mining operations, including a statement
of-
|
|
|
(i)
|
the
likely effects of the proposed mining operations on the environment and on
the local population and proposals for mitigation and compensation
measures;
|
|
|
(ii)
|
any
particular risks (whether to health or otherwise) involved in mining the
minerals, particularly radioactive minerals, and proposals for their
control or elimination;
|
63
|
|
Act
No. 11 of 2008
|
(g)
|
be
accompanied by an environmental impact assessment licence as may be
required by the Minister under subsection (2) of section
131;
|
|
|
(h)
|
give
or be accompanied by a statement giving a detailed forecast of capital
investment, operating costs and revenues and the anticipated type and
source of financing;
|
|
|
(i)
|
give
or be accompanied by a report on the goods and services required for the
mining operations which can be obtained within Sierra Leone and
the applicant’s proposals with respect to the procurement of those goods
and services;
|
|
|
(j)
|
give
or be accompanied by a statement giving particulars of the applicant’s
proposals with respect to the employment and training of citizens of
Sierra Leone;
|
|
|
(k)
|
be
accompanied by details of the applicant’s proposals for insurance cover
including health and life insurance for its
employees;
|
|
|
(l)
|
give
or be accompanied by a statement giving particulars of expected
infrastructure requirements;
|
|
|
(m)
|
be
accompanied by a report on the proposed marketing arrangements for the
sale of the mineral production;
|
|
|
(n)
|
give
details of any mineral rights held in Sierra Leone, by the applicant or by
any person controlling, controlled by or under joint or common control
with the applicant;
|
|
|
(o)
|
set
out any other matter which the applicant wishes the Minister to consider;
and
|
|
|
(p)
|
be
accompanied by the prescribed non-refundable
fee.
|
64
(3) Where
an application for the grant of a small-scale mining licence is made by a person
who is not the holder of an exploration licence to which the proposed mining
area relates, the application shall, in addition to the matters referred to
under subsection (2), give or be accompanied by a statement giving particulars
of the financial and technical resources available to the
applicant.
Disposal
of 97. (1) The
Mining Cadastre Office shall forward an
application
application
for the grant of a small-scale mining licence to the
for
small-scale Minerals
Advisory Board after the application is complete.
mining licence.
(2) Where
the Minerals Advisory Board has determined that an applicant for the grant of a
small-scale mining licence has met all requirements under this Act for such
licence the Board shall certify to the Minister in the prescribed form that it
advises that the application be approved, and such certification shall be
recorded in the mining cadastre register of mineral rights
applications.
(3) Subject
to sections 26 and 98, the Minister shall on the certified advice of the
Minerals Advisory Board, grant or refuse to grant a small-scale mining
licence.
(4) The
Minister shall cause the applicant for a small-scale mining licence to be
notified in writing of his decision on the application, and if the application
is refused, the Minister shall give reasons for such refusal.
(5) Any
person aggrieved by the refusal of the Minister to grant that person a
small-scale mining licence may appeal to the Court, whose decision shall be
final.
|
Restriction
|
98.
|
(1)
|
No
small-scale mining licence shall be granted
to
|
|
on grant
of
|
an
applicant in an area designated under section 30 for artisanal
mining
|
|
small-scale
|
operations.
|
mining
licence.
|
|
(2)
|
No
person other than the holder of an exploration licence shall be granted a
small-scale mining licence in respect of land which constitutes the
exploration licence area or part of the exploration area.
|
(3) No
small-scale mining licence shall be granted to
an applicant unless-
|
|
(a)
|
a
proposed programme of mining operations is submitted and approved by the
Director and is accompanied by an environmental impact assessment licence
as may be required by the Minister under subsection (2) of section
131;
|
65
|
|
(b)
|
the
area of land over which the licence is sought is not in excess of the area
reasonably required to carry out the programme of mining
operations;
|
|
|
(c)
|
the
applicant has adequate financial resources, technical competence and
experience to carry on effective mining
operations;
|
|
|
(d)
|
the
application contains proposals for insurance including life and health
insurance cover for its employees;
|
|
|
(e)
|
the
applicant is able and willing to comply with the terms and conditions
applicable to the small-scale mining licence;
and
|
|
|
(f)
|
the
applicant is not in material default of any of the provisions of this
Act.
|
(4) The
Minister shall not refuse to grant a small-scale mining licence on any ground
referred to in subsection (3) unless he has-
|
|
(a)
|
given
to the applicant, notice of his intention not to grant the small-scale
mining licence giving full particulars of the ground for refusal;
or
|
|
|
(b)
|
specified
in the notice a date before which the applicant may make appropriate
proposals to remove the ground for refusal, and the applicant has not,
after that date made any such
proposals.
|
Contents
of 99. (1) A
small-scale mining licence in the prescribed
small-scale form
shall-
|
|
mining
licence.
|
(a) state
the period for which it is granted;
|
|
(b)
|
include
a description and plan of the area of land over which it is granted;
and
|
(c) state
the conditions on which it is granted.
(2) There
shall be appended to a small-scale mining licence-
66
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(a)
|
the
programme of mining operations approved by the
Director;
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(b)
|
a
certified copy of the agreement between the applicant and the owners of
the land over which the small-scale mining licence is
granted;
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(c)
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particulars
of the programme for the employment and training of citizens of Sierra
Leone;
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(d)
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a
certified copy of the approved environmental management programme;
and
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(e)
|
particulars
of the applicant’s proposals with respect to the procurement of goods and
services obtainable within Sierra
Leone,
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|
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which
shall form part of the terms and conditions of the small-scale mining
licence.
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Size
of
100. (1) A
small-scale mining licence area shall not be less
small-scale than
one hectare and not more than one hundred hectares.
mining
licence
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area.
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(2)
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Every
small-scale mining
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area
shall be demarcated by an authorised officer in such manner as may be
prescribed or as the authorised officer may, in the circumstances consider
appropriate.
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Duration
and 101. (1) Subject
to subsection (2), a small-scale mining
renewal
of licence
shall be valid for a period not exceeding three years and may
small-scale be
renewed for further periods not exceeding three years at a time.
mining licences.
(2) A
small-scale mining licence shall not be renewed pursuant to subsection
(1)-
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(a)
|
if,
in the case where the licence area at the time the licence was issued was
an area declared for small-scale mining operations, the small-scale mining
licence area has ceased to be an area declared for small-scale mining
operations;
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|
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(b)
|
in
respect of any mineral which has ceased to be a mineral prescribed for
small-scale mining operations;
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(c)
|
unless
the Director is satisfied that the applicant has carried on, in good
faith, within the limits of its competence and resources, mining
operations in the mining area and intends to continue doing
so;
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(d)
|
if
the applicant has not carried out effective rehabilitation and reclamation
of the applicant’s mined out areas to the satisfaction of the Director and
authorities responsible for the protection of the environment or paid the
prescribed fee;
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(e)
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if
the applicant has not reported as prescribed on the mining operations;
or
|
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(f)
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if
the applicant is in default and the Director is not prepared to waive the
default.
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Rights and
duties 102. (1) Subject
to the provisions of this Act or any other
of holders
of law
and any condition of a small-scale mining licence, the holder of a
small-scale small-scale-mining
licence shall have the exclusive right to carry on
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mining
licences.
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exploration
and mining operations in the licensed area and may in the exercise of his
rights enter upon any land to which his small-scale mining licence relates
together with his servants and agents and
may-
|
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(a)
|
take
reasonable measures on or under the surface of his small-scale mining
licence area to mine and process the minerals to which his licence
relates;
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(b)
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erect
the necessary equipment, plant, machinery and buildings for the purpose of
mining, transporting, dressing, treating, smelting and refining the
minerals or mineral products recovered by the holder during his mining
operations;
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(c)
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dispose
of any mineral products recovered;
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(d)
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stack
or dump any mineral or waste product in a manner approved by the Director
in consultation with the health and environmental authorities;
and
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(e)
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utilise
the water and timber as necessary for mining
operations.
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(2) The
holder of a small-scale mining licence shall-
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(a)
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within
the limits of its competence and resources, carry on in good faith, in the
licensed area, exploration or mining
operations;
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(b)
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furnish
the Director with such information relating to its exploration or mining
operations as the Director may reasonably require or as may be
prescribed;
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(c)
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carry
out promptly any directives relating to its exploration or mining
operations which may be given to the holder by the Director for the
purposes of ensuring safety or good mining
practices;
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(d)
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if
not personally supervising the exploration or mining operations under the
licence, employ a Mines Manager for the purpose of supervising its
exploration or mining operations provided that all such Mines Managers
must be approved by the Director and shall carry with them such means of
identification as the Director may
direct;
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(e)
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before
beginning or ceasing any exploration or mining operations notify the
appropriate local government authority or local authority and
an authorised officer, of the intention to begin or cease exploration or
mining, as the case may be;
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(f)
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substantially
comply with any community development agreement required under this
Act;
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(g)
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sell
the minerals obtained in the mining area as
prescribed;
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(h)
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carry
out rehabilitation and reclamation of mined out
areas;
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(i)
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keep
accurate records of winnings from the mining area and such records shall
be produced for inspection on demand by the Director or a duly authorised
officer; and
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(j)
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submit
all reports as prescribed.
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Revocation
of 103. The
Minister may revoke a small-scale mining
small-scale licence
if he is satisfied in respect of a small-scale mining licence
mining
licence. that-
69
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|
(a)
|
citizens
of Sierra Leone hold less than twenty-five percent of the
shares of the holder; or
|
|
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(b)
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no
mining operations have commenced within a period of one hundred and eighty
calendar days from the date of issue or renewal of the
licence.
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Notice to
remedy 104. (1) Where
an authorised officer considers any dangerous or mining operation under a
small-scale mining licence or anything,
defective
mining matter
or practice in or connected with any such mining operation to
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operations.
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be
so dangerous or defective as in his opinion to be likely to cause bodily
injury to any person, he may give notice in writing of it to the holder of
the licence.
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(2) A
notice issued pursuant to subsection (1) may require the danger or defect to be
remedied or removed, either immediately or within such time as may be specified,
and if the authorised officer considers it necessary, order the mining
operations to be suspended until the danger is removed or the defect remedied to
his satisfaction.
(3) The
holder of a licence to whom notice has been given under subsection (1), shall
comply with the notice.
(4) If
the holder of a licence intends to object to any requirement or order given by
the authorised officer, he shall forthwith cease the mining operations or that
part of the operations affected by the notice and appeal to the Director against
the order.
(5) On
an appeal made to the Director pursuant to subsection (4), the Director shall
inquire into the matter and his decision thereon shall be final.
PART
XII - LARGE-SCALE
MINING LICENCES
Eligibility
for 105. Notwithstanding
the provisions of section 26, a person
large-scale shall
not be eligible to apply for the grant of a large-scale mining
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mining
licence.
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licence
under this Act unless that person is a company incorporated or registered
under the Companies Act and whose name has not been struck off the
register of companies at the time of the
application.
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Application
for 106. (1) An
application for the grant of a large-scale
large-scale mining
licence shall be submitted to the Mining Cadastre Office in
mining
licence. the
prescribed form.
70
(2) An
application for the grant of a large-scale mining licence shall-
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(a)
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contain
the registered name and place of incorporation of the company, its
certificate of incorporation and certified copy of its memorandum and
articles of association, the names and nationalities of its directors and
the name of every shareholder who is the beneficial owner of five percent
or more of the issued share
capital;
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(b)
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contain
the company profile and history of exploration operations in Sierra Leone
and elsewhere;
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(c)
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identify
the name and qualifications of the person responsible for supervising the
proposed programme of exploration
operations;
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(d)
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be
accompanied by a plan of the area over which the licence is sought drawn
in such manner as prescribed;
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(e)
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state
the period applied for;
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(f)
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identify
the minerals in respect of which the licence is
sought;
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(g)
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give
or be accompanied by a statement giving details of the mineral deposits in
the area of land over which the licence is sought, including details of
all known minerals proved, estimated or inferred, ore reserves and mining
conditions;
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(h)
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be
accompanied by a technological report on mining and treatment
possibilities and the intention of the applicant in relation to
them;
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(i)
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give
or be accompanied by a statement giving particulars of the proposed
programme of mining operations, including a statement
of-
|
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(i)
|
the
estimated date by which the applicant intends to work for
profit;
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(ii)
|
the
estimated capacity of production and scale of
operations;
|
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(iii)
|
the
estimated overall recovery of ore and mineral
products;
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(iv)
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the
nature of the products;
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(v)
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proposals
for the progressive reclamation and rehabilitation of land disturbed by
mining and for the minimisation of the effects of mining on surface water
and ground water and on adjoining or neighbouring
lands;
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(vi)
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the
effects of the mining operations on the environment and on the local
population and proposals for mitigation, compensation and resettlement
measures;
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(vii)
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any
particular risks (whether to health or otherwise) involved in mining the
mineral, in particular a radioactive mineral, and proposals for their
control or elimination;
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(j)
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give
or be accompanied by a statement giving a detailed forecast of capital
investment, operating costs and revenues and the anticipated type
and source of financing;
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(k)
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contain
the identification of interested and affected parties including land
owners and lawful occupiers of the proposed mining
area;
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(l)
|
contain
details of consultation with interested and affected parties and the
results thereof;
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(m)
|
be
accompanied by a report on the goods and services required for the mining
operations which can be obtained within Sierra Leone and the applicant’s
proposals with respect to the procurement of those goods and
services;
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72
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(n)
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give
or be accompanied by a statement giving particulars of the applicant’s
proposals with respect to the employment and training of
citizens of Sierra Leone;
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(o)
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be
accompanied by details of the applicant’s proposals for insurance
including life and health cover for its
employees;
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(p)
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give
or be accompanied by a statement giving particulars of expected
infrastructure requirements;
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(q)
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be
accompanied by a report on the proposed marketing arrangements for the
sale of the mineral production;
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(r)
|
give
details of any mineral rights held in Sierra Leone, by the applicant or by
any person controlling, controlled by or under joint or common control
with the applicant;
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(s)
|
be
accompanied by an environmental impact assessment licence as may be
required by the Minister under subsection (2) of section
131;
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(t)
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set
out any other matter which the applicant wishes the Minister to consider;
and
|
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(u)
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be
accompanied by the prescribed non-refundable
fee.
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(3) Where
an application for the grant of a large-scale mining licence is made by a person
who is not the holder of an exploration licence to which the proposed mining
area relate, there shall be provided in addition to the matters referred to in
subsection (1), a statement giving particulars of the financial and technical
resources available to the applicant for the proposed mining
operations.
Disposal
of 107. (1) The
Mining Cadastre Office shall forward a
application
application
for the grant of a large-scale mining licence to the
for
large-scale the
Minerals Advisory Board after the application is complete.
mining licence.
(2) Subject
to sections 26 and 108, where the Minerals Advisory Board has determined that an
applicant for the grant of a large-scale mining licence has met all requirements
under this Act for such licence the Board shall certify to the Minister in the
prescribed form that it advises that the application be approved, and such
certification shall be recorded in the mining cadastre register of mineral
rights applications.
73
(3) Subject
to this section and to subsection (1) of section 108, the Minister on the advice
and certification of the Minerals Advisory Board may grant, on such conditions
as he may determine, or refuse to grant, the large-scale mining licence applied
for.
(4) To
enable him to dispose of an application for the grant of a large-scale mining
licence, the Minister may, by notice given to the applicant, require the
applicant, at the applicant’s own expense, to commission an independent study by
consultants and under terms of reference acceptable to the Minister for the
purpose of-
|
|
(a)
|
assessing
the feasibility of the programme of mining operations proposed in the
application; or
|
|
|
(b)
|
assessing
or making recommendations about such other matters arising out of or in
connection with the application, as the Minister may specify in the
notice.
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|
|
(5) Any
person aggrieved by the refusal of the Minister to grant that person a
large-scale mining licence may appeal to the Court, whose decision shall be
final.
Restriction 108. (1) Subject
to this Act, no person other than the holder on grant of of an exploration licence
shall be granted a large-scale mining licence large-scale in respect of land which
constitutes the exploration licence area or part
mining
licence. of
which falls within the exploration licence area.
(2) Where
at the commencement of this Act, there is more than one prospecting licence
subsisting wholly or partly over the same area of land, no large-scale mining
licence shall be granted to the holder of any such prospecting licence over that
area of land unless-
|
|
(a)
|
every
holder of such prospecting licence (other than the applicant) consents in
writing to the grant of the large-scale mining licence;
or
|
|
|
(b)
|
the
Minister on the advice of the Minerals Advisory Board is
satisfied-
|
|
|
(i)
|
that
the rights of the holder of any prospecting licence would not be
substantially prejudiced by the grant of the large-scale mining licence;
or
|
|
|
(ii)
|
that
the public interest requires that the large-scale mining licence be
granted.
|
74
(3) No
large-scale mining licence shall be granted to an applicant unless-
|
|
(a)
|
a
programme of proposed development and mining operations is submitted and
approved by the Director and is accompanied by an environmental impact
assessment licence as may be required by the Minister under subsection (2)
of section 131;
|
|
|
(b)
|
the
area of land over which the licence is sought is not in excess of the area
reasonably required to carry out the programme of mining operations and
does not exceed the area allowable under an exploration
licence;
|
|
|
(c)
|
the
applicant has adequate financial resources, technical competence and
experience to carry on effective mining
operations;
|
|
|
(d)
|
the
application includes a programme for employment and training of citizens
of Sierra Leone;
|
|
|
(e)
|
the
application includes proposals with respect to the procurement of goods
and services obtainable within Sierra
Leone;
|
|
|
(f)
|
the
application contains proposals for insurance including life and health
insurance cover for its employees;
|
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|
(g)
|
the
application is able and willing to comply with the terms and conditions
applicable to the large-scale mining licence;
and
|
|
|
(h)
|
the
applicant is not in material default of any of the provisions of this
Act.
|
(4) The
Minister shall not refuse to grant a large-scale mining licence on any ground
referred to in subsection (3) unless he has-
75
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|
(a)
|
given
to the applicant, notice of his intention not to grant the large-scale
mining licence giving full particulars of the ground for refusal;
or
|
|
|
(b)
|
specified
in the notice a date before which the applicant may make appropriate
proposals to remove the ground for refusal, and the applicant has not,
after that date made any such
proposals.
|
Notice
of
109. (1) The
Minister shall cause the applicant to be decision on notified of, the decision
on the application and-
application
for
large-scale
(a) if
the application is granted, of the details of
mining
licence. the
proposed large-scale mining licence; or
|
|
(b)
|
if
the application is refused, of the detailed reasons for such
refusal.
|
.
(2) An
applicant shall within sixty calendar days of notification of the Minister’s
decision to grant a large-scale mining licence notify the Minister of his
willingness to accept the proposed large-scale mining licence, failing which the
application shall lapse.
Contents
of 110. (1) A
large-scale mining licence in the prescribed form
large-scale shall-
|
mining
licence.
|
(a)
|
state
the period for which it is granted;
|
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|
(b)
|
include
a description and plan of the area of land over which it is granted;
and
|
(c) state
the conditions on which it is granted.
(2) There
shall be appended to a large-scale mining licence-
|
|
(a)
|
the
programme of mining operations approved by the
Director;
|
|
|
(b)
|
a
certified copy of the agreement between the applicant and the owners of
the land over which the large-scale mining licence is
granted;
|
|
|
(c)
|
particulars
of the programme for the employment and training of citizens of Sierra
Leone;
|
76
|
|
(d)
|
a
certified copy of the approved environmental management programme;
and
|
|
|
(e)
|
particulars
of the applicant’s proposals with respect to the procurement of goods and
services obtainable within Sierra
Leone,
|
|
|
which
shall form part of the terms and conditions of the large-scale mining
licence.
|
Duration
of 111. Subject
to section 112, the period for which a large-scale
large-scale mining
licence is granted shall be stated in the licence and shall not
|
mining
licence.
|
exceed
twenty-five years or the estimated life of the ore body proposed to be
mined, which ever is shorter.
|
Renewal
of 112. (1) The
holder of a large-scale mining licence may large-scale apply to the Minister for subsequent
renewals of his licence in respect
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mining
licence.
|
of
all or part of the large-scale mining licence area at any time not later
than one year before the expiry of such
licence.
|
(2) An
application under subsection (1), in the prescribed form, shall be submitted to
the Mining Cadastre Office and shall-
|
|
(a)
|
state
the period, not exceeding fifteen years, for which each renewal is
sought;
|
|
|
(b)
|
be
accompanied by a statement giving details
of-
|
|
|
(i)
|
the
latest proved, estimated and inferred ore
reserves;
|
|
|
(ii)
|
the
capital investment to be made in, and production costs and revenue
forecasts in respect of the period of
renewal;
|
|
|
(iii)
|
mining
operations proposed to be carried out in the period of renewal if
substantially different from the previous
operations;
|
|
|
(iv)
|
any
expected changes in the method of mining and
treatment;
|
|
|
(v)
|
any
likely social impact and effects on the environment and proposals for
mitigation and compensation
measures;
|
77
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|
(vi)
|
such
further information as the Minister may require;
and
|
|
|
(c)
|
shall,
if renewal of the licence is sought in respect of part only of the
large-scale mining licence area, be accompanied by a plan and description
identifying that part of the large-scale mining licence
area.
|
(3) Upon
receipt of a completed application for the renewal of a large-scale mining
licence from the Mining Cadastre Office, where the Minerals Advisory Board has
determined that the applicant has met all requirements under this Act for such
renewal the Board shall certify to the Minister in the prescribed form that it
advises that the application be approved, and such certification shall be
recorded in the mining cadastre register.
(4) Subject
to subsection (5), on application duly made for the renewal of a large-scale
mining licence, the Minister may renew the licence with or without variation of
the conditions of the licence, for a period not exceeding fifteen
years.
(5) The
Minister shall on the advice of the Minerals Advisory Board certifying that the
holder of a large-scale mining applying for licence renewal has met all
conditions for such renewal under this Act, grant an application for renewal of
a large-scale mining licence if he is satisfied that-
|
|
(a)
|
the
applicant is not in default of any of the provisions of this Act or any of
the conditions of the large-scale mining
licence;
|
|
|
(b)
|
development
of the large-scale mining licence area has proceeded with reasonable
diligence; and
|
|
|
(c)
|
the
proposed programme of mining operations will ensure the most efficient and
beneficial use of the mineral resources in the large-scale mining licence
area.
|
(6) The
Minister shall not reject an application on the
grounds
that he is not satisfied with a matter referred to in-
|
|
(a)
|
paragraph
(a) of subsection (5) unless the applicant has been given details of the
default and has failed to remedy the same within ninety calendar days of
such notification;
|
78
|
|
(b)
|
paragraph
(b) of subsection (5) unless the applicant has been given reasonable
opportunity to make written representations thereon to the Minister;
or
|
|
|
(c)
|
paragraph
(c) of subsection (5) unless the applicant has been so notified and has
within ninety calendar days of such notification, failed to propose
amendments to his proposed programme of mining operations satisfactory to
the Minister.
|
(7) The
applicant shall be notified in writing of the decision on a renewal application,
and if an application is refused, the Minister shall give reasons for such
refusal.
Amendment
of 113. (1) Subject
to this section, the holder of a large- programme of scale mining licence may
make amendments to-
operations
of
large-scale
(a) the
programme of mining operations;
mining
licence.
|
|
(b)
|
the
environmental management programme appended to the large-scale mining
licence; and
|
|
|
(c)
|
the
programme of employment and training of citizens of Sierra
Leone.
|
(2) Particulars
of the proposed amendments, including
where
appropriate, particulars of any significant impacts to the environment that any
amendment could entail, shall be served on the Minister and, subject to
subsections (3) and (4), the amendment shall have effect when so
served.
(3) Any
proposed amendment which substantially alters any provision which forms part of
the conditions of the large-scale mining licence, or will adversely affect the
environmental management programme, shall not take effect without the written
approval of the Minister, and where any such amendment appears to the Minister
to make such a substantial alteration, he shall refer the amendment to the
Minerals Advisory Board for its advice.
(4) On
receiving the advice of the Minerals Advisory Board, the Minister shall
determine whether or not to approve the amendment and, if he decides to approve
the amendment, he may impose such terms and conditions if any, as he may deem
necessary.
79
(5) If
in the course of exercising his rights the holder
of a
large-scale mining licence discovers-
|
|
(a)
|
any
further deposits of the mineral for which he holds the licence;
or
|
|
|
(b)
|
any
other mineral to which such licence does not
relate,
|
he shall,
within thirty calendar days after such discovery, notify the Director giving
particulars of the deposits or the mineral discovered, and the site and
circumstances of the discovery, and may apply to the Minister to have the mining
of such deposits or such mineral included in his large-scale mining licence,
giving in the application a proposed programme of mining operations in respect
of that discovery.
(6) If
the Minister is satisfied with a proposed programme of mining operations
submitted under subsection (5), he may, on the advice of the Minerals Advisory
Board, approve such application on such terms and conditions as he may determine
and shall amend the large-scale mining licence accordingly.
(7) The
holder of a large-scale mining licence may apply to the Minister for enlargement
of his large-scale mining licence area and the Minister may, subject to
subsection (8), approve such application if he is satisfied that such approval
will ensure the most efficient and beneficial use of the mineral resources of
Sierra Leone.
(8) A
large-scale mining licence area shall not be enlarged so as to include any area
over which the applicant could not by reason of this Act, be granted a
large-scale mining licence.
Rights
of
114. Subject
to the provisions of this Act and any other law
holders
of and any
condition of the large-scale mining licence, the holder of a
large-scale large-scale
mining licence shall have the exclusive right to carry on
|
mining
licences.
|
exploration
and mining operations in the large-scale mining licence area and may in
the exercise of his rights enter upon any land to which his large-scale
mining licence relates together with his servants and agents and
may-
|
|
|
(a)
|
take
reasonable measures on or under the surface of his large-scale mining
licence area to mine and process the minerals to which his licence
relates;
|
|
|
(b)
|
erect
the necessary equipment, plant, machinery and buildings for the purpose of
mining, transporting, dressing, treating, smelting and refining the
minerals or mineral products recovered by the holder during his mining
operations;
|
80
|
|
(c)
|
dispose
of any mineral products recovered;
|
|
|
|
|
(d)
|
stack
or dump any mineral or waste product in a manner approved by the Director
in consultation with the health and environmental authorities;
and
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(e)
|
utilize
the water and timber as necessary for mining
operations.
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Obligations of 115. (1) Subject
to the provisions of this Act, the holder of a
holders
of large-scale
mining licence shall-
large-scale
|
|
mining
licences.
|
(a)
|
develop
and mine the mineral deposits covered by the licence in accordance with
the approved programme of mining operations and the environmental
management programme;
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(b)
|
commence
mine development within one hundred and eighty calendar days of the
registration of the licence;
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(c)
|
demarcate
and keep demarcated the large-scale mining licence area in such a manner
as may be prescribed;
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(d)
|
keep
and maintain in Sierra Leone an address which shall be registered with the
Director and to which all communications and notices may be
addressed;
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(e)
|
notify
the Minister as soon as the holder commences work for profit in the
large-scale mining licence area;
and
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(f)
|
substantially
comply with any community development agreement required under this
Act.
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(2) The
holder of a large-scale mining licence shall-
|
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(a)
|
maintain
at the address kept in accordance with paragraph (d) of subsection
(1)-
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81
|
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(i)
|
complete
and accurate technical records of its operations in the large-scale
mining licence area in such form as the Minister may
approve;
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|
|
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(ii)
|
copies
of all maps, geological reports, including interpretations, mineral
analysis, aerial photographs, core logs, analyses, tests and all other
data obtained and compiled by the holder in respect of the large-scale
mining licence area;
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(iii)
|
accurate
and systematic financial records of its operations in the large-scale
mining licence area and such other books of accounts and financial records
as the Minister may require; and if such holder is engaged in any activity
not connected with its operation under the large-scale mining licence, the
holder shall maintain separate books of accounts of its operations under
such licence;
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|
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(b)
|
permit
an authorised officer at any time to inspect the books and records
maintained in pursuance of paragraph (a) and shall deliver to the
Minister, without charge copies of any part of such books and records as
the Minister may from time to time require and shall every six months
deliver to the Director, without charge copies of records kept pursuant to
subparagraphs (i) and (ii) of paragraph (a) of subsection
(2);
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(c)
|
furnish
the Director with a copy of every annual financial report within ninety
calendar days of the end of each financial year showing the profit or loss
for the year and the state of financial affairs of the holder at the end
of each financial year; and
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(d)
|
submit
all reports as prescribed.
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Wasteful
116. (1) If
the Director considers that the holder of a
mining
and large-scale
mining licence is using wasteful mining and treatment
treatment practices
which are contrary to the approved programme of mining
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practices.
|
operations
or conducts its operations otherwise than in accordance with good mining
practice or contrary to the regulations, he shall notify such holder
accordingly and require the holder to show cause, within such period as
the Director may specify, why it should not cease to use such
practices.
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82
(2) If,
within the period specified in any notice issued under subsection (1) the holder
of a large-scale mining licence fails to satisfy the Director that it is not
using wasteful mining or treatment practices, or that the use of such practices
is justified, the Director may order the holder to cease using such practices
within such period as he may specify.
(3) If
the holder of a large-scale mining licence fails, after being so ordered, to
cease using such wasteful mining or treatment practices, the Minister may cancel
the licence or may suspend such licence for such period as he deems
fit.
Coordination 117. (1) Except
where the coordination would result in
of
mining criminal
or civil liability under any applicable laws, if the Minister
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operations.
|
considers
that the public interest or the interests of the holders of large-scale
and/or small-scale mining licences covering neighbouring or contiguous
mining areas would best be served with regard to the efficient and
economic exploitation of minerals by the co-ordination of all or part of
the mining operations of such holders, he may direct such orders to effect
such coordination by such holders entering into an agreement for his
approval to effect the co-ordination within such time as he may
specify.
|
(2) Before
giving any directions under subsection (1), the Minister shall afford the
holders of the mining licences concerned reasonable opportunity to make
representations to him in writing.
(3) No
direction shall be given under subsection (1) the effect of which shall be to
cause financial gain by one party at the expense of another.
Termination, 118. (1) The
holder of a large-scale mining licence shall
suspension,
or notify
the Minister-
reduction of
|
|
production.
|
(a)
|
one
year in advance, if it proposes to permanently terminate production from
its mine;
|
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(b)
|
six
months in advance, if it proposes to temporarily suspend production from
its mine (not to exceed twenty-four
months);
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|
(c)
|
three
months in advance, if it proposes to reduce the level of
production,
|
83
and
shall, in all cases, give reasons for such termination, temporary suspension or
reduction.
(2) If
for reasons beyond its control, the holder of a large-scale mining licence
terminates, suspends or reduces production from its mine, the holder shall
within fourteen calendar days of such termination, suspension or reduction
notify the Minister.
(3) On
receiving the notification under subsection (1) or (2), or if the holder of a
large-scale mining licence otherwise becomes aware of any termination, temporary
suspension or reduction of production, the Minister shall cause the matter to be
investigated and shall subject to any relevant requirement contained in the
large-scale mining licence, give his approval to such termination, temporary
suspension or reduction.
(4) Approval
of termination, temporary suspension or reduction may be given subject to such
conditions, including a date of resumption of production in the case of
temporary suspension, as the Minister may impose, on the advice of the Minerals
Advisory Board.
(5) The
Minister shall approve the termination, temporary suspension or
reduction if, assuming the continuance of the approved programme of mining
operations, it appears that the estimated revenues from mining operations for
the succeeding twelve months will not exceed the estimated operating expenses
for that period.
(6) The
Minister shall cancel a large-scale mining licence whose production has been
terminated, or whose production has been suspended for a continuous period of
twenty-four months.
Transfer
of 119. (1) An
application for transfer of a large-scale mining large-scale licence shall be made to
the Mining Cadastre Office in the prescribed
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mining
licences.
|
form
and shall state details of the transfer as may be
prescribed.
|
(2) The
Mining Cadastre Office shall forward an application for transfer of a
large-scale mining licence to the Minerals Advisory Board after the application
is complete.
(3) Where
the Minerals Advisory Board has determined that an applicant for the transfer of
a large-scale mining licence and the transferee have met all requirements under
this Act for such transfer the Board shall certify to the Minister in the
prescribed form that it advises that the application be approved and such
certification shall be recorded in the mining cadastre.
(4) The
Minister shall on the certified advice of the Minerals Advisory Board following
an application under subsection (1), give or refuse to give his approval in
writing, subject to such conditions as he deems necessary in the circumstances,
to impose.
84
(5) The
Minister shall cause the applicant to be notified in writing of his decision on
the application and if the application is refused, the Minister shall give
reasons for such refusal.
(6) A
transfer, assignment, pledge, or other encumbrance of a large-scale mining
licence shall not take effect unless and until it is recorded under section
43.
(7) Upon
the registration of the transfer of a large-scale mining licence, the transferee
shall assume and be responsible for all rights, liabilities and duties of the
transferor under the large-scale mining licence.
PART XIII - RADIOACTIVE
MINERALS
Provisions 120. The
provisions of this Act relating to exploration,
relating
to and
mining of minerals shall apply to radioactive minerals with such
radioactive modifications
as are provided in this Part and as may be prescribed.
minerals.
Notification 121. (1) Where
any radioactive mineral is discovered in the
of
discovery course
of exercising any right under this Act or any authority under
of
radioactive any
other enactment, the holder of the mineral right or such other
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minerals.
|
authority
shall immediately notify the Minister, but in any case not later than
seven calendar days after the
discovery.
|
(2) Where
any radioactive mineral is discovered on any land other than land subject to a
mineral right, the owner or lawful occupier of the land shall as soon after he
is aware of such discovery notify the Minister.
Report
of 122. The
holder of a mineral right in respect of a radioactive
operation mineral
shall, within the first week of every month, furnish the
related
to Director
with a report, in writing, of the exploration and mining radioactive operations conducted by
him in the immediately preceding month.
minerals.
Export
or 123. (1) No
person shall explore for or mine or treat or
disposal
of possess
or export or import or otherwise dispose of any radioactive radioactive mineral except under and
in accordance with the terms and conditions minerals. of a permit granted by
the Minister.
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|
(2)
|
A
permit issued under subsection (1) shall be
in
|
such form
and shall be subject to the payment of such fee as the
Minister
may prescribe.
Offences 124. (1) Any
person who contravenes any of the provisions against of this Part or who
obtains a permit referred to in section 123 by
this
Part. means
of any false statement or representation commits an offence and
shall, on
conviction, be liable in the case of a body of persons to a fine not less than
one hundred thousand United States Dollars, or its equivalent in leones and in
the case of an individual to a fine not less than twenty thousand United States
Dollars, or its equivalent in leones, or to imprisonment for a term not
exceeding ten years or to both such fine and imprisonment.
85
(2) The
court before which any person is convicted of an offence under subsection (1)
shall order the forfeiture of any radioactive minerals which may have been
obtained by the person convicted.
(3) Any
police officer not below the rank of an Assistant Superintendent and any
authorised officer, may, without warrant, for the purposes of enforcing an
offence under this Part -
|
|
(a)
|
enter
and search any place where he has reasonable grounds to suspect
that an offence under this Part has been or is about to be
committed;
|
|
|
(b)
|
search
and arrest any person whom he has reasonable grounds to suspect to have
committed, or is about to commit an offence under this
Part;
|
|
|
(c)
|
seize
any radioactive mineral which he suspects to have been obtained contrary
to the provisions of this Part; or
|
|
|
(d)
|
close
any reconnaissance, exploration or mining operations which are being used
or are about to be used in the commission of an offence under this
Part.
|
PART
XIV - DREDGING
FOR MINERALS
Provisions 125. This
Part shall be in addition to the provisions of this Act relating to relating to exploration
for and mining of minerals.
dredging for
minerals.
Dredging
126. (1) No
holder of a mineral right shall dredge any river, permit stream, watercourse,
pond, lake or waters of the continental shelf or required. undertake any activity
preparatory to or relating to dredging including
flooding
of an area without a dredging permit granted by the Minister.
(2) Any
person who contravenes the provisions of subsection (1) commits an offence and
shall be liable on conviction to a fine not less than three hundred United
States Dollars, or its equivalent in leones for every day during which the
offence is committed.
86
Additional 127. (1) On
an application for an exploration licence, the
information applicant
shall indicate-
relating
to
|
|
dredging.
|
(a)
|
in
its proposed programme of dredging operations, whether its exploration
operations will entail dredging and if so, whether the type or method of
dredging would entail flooding;
|
|
|
(b)
|
the
types of machines or equipment intended to be used in the dredging
operations; and
|
|
|
(c)
|
whether
dredging is the only economically viable process of exploration, in other
words that that there is no other safe method of exploration in terms of
damage to the environment and cost
effectiveness.
|
(2) On
an application for an artisanal mining, small-scale mining, or large-scale
mining licence, the applicant shall indicate-
|
|
(a)
|
in
its proposed programme of dredging operations, whether its mining
operations will entail dredging and if so, whether the type or method of
dredging would entail flooding;
|
|
|
(b)
|
the
types of machines or equipment intended to be used in the dredging
operations; and
|
|
|
(c)
|
whether
dredging is the only economically viable process of mining, in other words
that that there is no other safe method of mining in terms of damage to
the environment and cost
effectiveness;
|
Application
for 128. (1) An
application for a dredging permit shall be made dredging permit. to the Mining Cadastre
Office in the prescribed form.
(2) An
application for a dredging permit shall-
|
|
(a)
|
state
the consequences of dredging including the destruction of monuments and
relics, sacred places and burial
grounds;
|
87
|
|
(b)
|
be
accompanied by a performance bond as security for rehabilitation of mined
out areas; and
|
|
|
(c)
|
be
accompanied by the prescribed non-refundable application
fee.
|
(3) A
dredging permit shall be issued on payment of such fee as may be prescribed and
shall be separate and distinct from a mineral right.
(4) A
dredging permit may be issued with such conditions or restrictions as the
Minister, may on the advice of the Minerals Advisory Board, think fit and
endorse on the licence.
(5) Any
person who acts in contravention of any condition or restriction endorsed on a
dredging permit commits an offence, and shall be liable on conviction to a fine
not less than two thousand dollars, or its equivalent in leones, and the holder
of the licence shall be liable for any damage which may have arisen in
consequence of such contravention.
|
Cancellation
|
129.
|
On
the conviction of any person under subsection (5)
of
|
|
of
dredging
|
section
128, the Minister may cancel the dredging
permit.
|
|
permits.
|
|
Non-compliance
|
130.
|
Non-compliance
with any lawful order, direction or
|
|
deemed
as
|
notice
given by the Minister under and by virtue of the conditions
or
|
|
contravention.
|
restrictions
endorsed upon the permit under subsection (4) of section 128 shall be
deemed a contravention of such conditions or
restrictions.
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|
PART
XV
|
-
|
PROTECTION
OF THE ENVIRONMENT
|
|
Protection of
|
131.
|
(1)
|
In
deciding whether or not to grant a mineral
right,
|
|
natural
|
the
Minister shall take into account the need to conserve the
natural
|
|
resources to be
|
resources
in or on the land over which the mineral right is sought, or
in
|
|
taken into
|
or
on neighbouring land.
|
|
|
account.
|
|
|
(2)
|
The
Minister shall require an environmental
impact
|
Act No.
11 assessment
licence as prescribed under with the Environment Protection
|
|
of 2008.
|
Agency
Act, 2008 as a condition for granting a small-scale mining licence or a
large-scale mining licence.
|
General
duty 132. (1) Every
holder of a mineral right shall carry on its
to
protect operations
in a manner that is reasonably practicable in order to
environment
and minimize,
manage and mitigate any environmental impact including
minimize but
not limited to pollution resulting from such operations.
pollution.
(2) Notwithstanding
the generality of subsection (1), a holder of a mineral right shall be subject
to all laws of the Republic concerning the protection of the
environment.
88
Environmental 133. (1) In
addition to any requirements set out in the
impact Environment
Protection Agency Act, 2008 an environmental impact
|
assessment.
|
assessment
prepared by a small-scale or large-scale mining licence applicant shall be
based on environmental baseline assessment work, and shall contain the
types of information and analysis reflecting international mining best
practice which shall include-
|
|
|
(a)
|
a
detailed description of the environment backed up with applicable
measurements (air quality, water quality, etc.) to present a detailed
documentation of the licence area environment prior to any mining
operations;
|
|
|
(b)
|
a
detailed description of the project including all phases of development,
operations, reclamation and closure including but necessarily limited
to:
|
|
|
(i)
|
data
including detailed resource requirements and
emissions;
|
|
|
(ii)
|
identification
of the likely major environmental impacts, including but not limited to
pollution;
|
|
|
(iii)
|
a
review of residual and immitigable environmental
impacts;
|
|
|
(iv)
|
a
broad objective regarding each major environmental
impact;
|
|
|
(v)
|
detailed
objectives regarding each environmental impact so as to minimize or
mitigate such impact;
|
|
|
(vi)
|
the
means of achieving such broad and detailed environmental
objectives;
|
|
|
(vii)
|
the
means of achieving broad and detailed environmental and social
objectives;
|
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|
(viii)
|
the
predicted or expected effect of each environmental mitigation
activity;
|
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|
(ix)
|
timetables
for implementation;
|
|
|
(x)
|
projected
budget and budget timetable to achieve environmental
objectives;
|
89
|
|
(xi)
|
identification
of employee position responsible for implementation of environmental
mitigation;
|
|
|
(xii)
|
identification
of the likely major social impacts;
|
|
|
(xiii)
|
mitigation
measures for each major negative social
impact;
|
|
|
(xiv)
|
the
person or agency responsible for monitoring, the methodologies to be used
for monitoring of potential negative impacts and the effectiveness of
mitigation, and the source of funding for monitoring;
and
|
|
|
(xv)
|
an
environmental management programme.
|
(2) Any
mining licence applicant or mining licence holder required by this or any other
law to submit an environmental impact assessment shall-
|
|
(a)
|
undertake
to consult the public to introduce the project to the public and to verify
possible impacts of the project from stakeholders’ perspectives,
and
|
|
|
(b)
|
submit
an updated environmental management programme for approval whenever
required by any law, and whenever it proposes to make a change in its
mining operations that would cause a need for a material change in such
plan.
|
(3) A
copy of any environmental impact assessment and environmental management
programme submitted by a mining licence applicant or a mining licence holder
shall be considered non-confidential and shall be made available to the public
at the Mining Cadastre Office.
Annual
134. (1) Any
mining licence-holder who is required to
environmental prepare
an environmental management programme shall in each
|
report.
|
calendar
year after the first year in which commercial production first occurs
submit in triplicate to the Director an “Environmental Management
Programme Report” covering each of the items listed in paragraph (b) of
subsection (1) of section 133 indicating their current
status.
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|
|
(2) An Environmental Management
Programme Report shall be sufficiently detailed so that the Director can
determine whether the environmental management programme is succeeding, and if
the Director determines that the plan is not succeeding, the Minister may
suspend the licence until such time as measures are taken to insure its
success.
90
(3) The
Director shall provide a copy of any report submitted under subsection (1) to
the Environmental Protection Agency.
(4) Environmental
Management Programme Reports shall be considered non-confidential and shall be
made available to the public at the Mining Cadastre Office.
|
Diversion
of
|
135.
|
(1)
|
The
holder of a mining right shall not divert
any
|
|
watercourse.
|
watercourse
unless such diversion is part of a reconnaissance, exploration or mining
programme approved by the Environmental Protection
Agency.
|
(2) Any
person who contravenes subsection (1) commits an offence and shall be liable to
a fine not less than four thousand United States Dollars or its equivalent in
leones or to a term of imprisonment not exceeding twelve months or to both such
fine and imprisonment.
Rehabilitation 136. (1) There
may be included in a mineral right granted
of
damaged under
this Act such conditions relating to-
areas.
|
|
(a)
|
the
rehabilitation, reinstatement, levelling, regressing, reforesting and
contouring of any part of the exploration, artisanal mining, small-scale
mining or large-scale mining licence area that may have been damaged or
deleteriously affected by exploration or mining operations;
and
|
|
|
(b)
|
the
filling in, sealing or fencing off, of excavations, shafts and tunnels, as
may be prescribed, or as the Minister may, in any particular case,
determine, or as may be agreed.
|
(2) Pursuant
to section 133 the Minister shall require all small-scale and large-scale mining
licence-holders to provide, within such time as prescribed, financial assurance
for the performance against any obligations deriving from an environmental
impact assessment and management plan.
(3) The
amount of financial assurance required under subsection (2) will be determined
by the environmental impact assessment and management plan and may be varied
from time–to-time to take into consideration the changing costs of performance
of any condition.
91
(4) The
forms of financial assurance acceptable under this section may be any or a
combination of the following-
(i) surety
bond;
(ii) trust
fund with pay-in period;
(iii) insurance
policy;
(iv) cash
deposit;
(v) annuities.
(5) Where
a licence-holder is obligated to provide a financial assurance under this
section and fails to do so, The Director shall-
|
|
(a)
|
cause
to be served, on the licence-holder a notice of demand;
and
|
|
|
(b)
|
cause
a note of the service of the notice to be endorsed in the mining cadastre
register.
|
(6) If
by the end of the period specified in the notice of demand under subsection (5)
the financial assurance required from the licence-holder under this
section-
|
|
(a)
|
has
been provided, the notice shall thereupon cease to have effect, and the
Director shall cause the registry endorsement to be
cancelled;
|
|
|
(b)
|
has
not been provided, the mining licence shall be liable to cancellation by
the Minister.
|
Direction
to 137. (1) Where
a mineral right over any land is wholly or
comply
with partly
determined or cancelled, or expires, the Minister may by notice
conditions
of served
on the person who is or was the last holder of the mineral right,
mineral
rights direct
him to take such steps within such time as may be specified in
for
protection the
notice, to give effect, in relation to the land which is no longer
of
the subject
to the mineral right, to any conditions included in the mineral
environment. right.
(2) Any
person to whom a direction is given under subsection (1) who, without reasonable
excuse, fails or neglects to comply with the direction commits an offence and is
liable on conviction-
92
|
|
(a)
|
in
the case of an individual, to a fine not less than three thousand dollars,
or its equivalent in leones, or to imprisonment for a term of two years,
or to both; or
|
|
|
(b)
|
in
the case of a body corporate to a fine not less than thirty thousand
dollars or its equivalent in
leones.
|
(3) If
a person to whom a direction is given under subsection (1) does not comply with
the direction, the Minister may cause to be taken any steps specified in the
notice containing the direction.
(4) Costs
and expenses incurred pursuant to subsection (3) in taking any steps referred to
in that subsection are a debt due to the Republic and are recoverable in a court
of competent jurisdiction.
(5) In
any proceedings instituted for the recovery from a person to whom a direction
was given under subsection (1) of a debt due by that person to the Republic
under subsection (4), a certificate of the Minister that a specified amount is
the amount of the debt due shall be admissible as evidence of that fact; but
without prejudice to the right to adduce evidence in rebuttal.
(6) A
debt due by any person to the Republic under subsection (4) is recoverable
notwithstanding that person is convicted of an offence under subsection
(2).
(7) Where
two or more persons constitute, or constituted, the holder of a mineral right,
those persons are jointly and severally liable for the payment of any costs and
expenses which may be recovered under this section from the person who is or was
the last holder of the mineral right, but without prejudice to any right to
contribution existing between them.
PART XVI - COMMUNITY
DEVELOPMENT
|
General
|
138.
|
The
holder of a small-scale or large-scale mining
licence
|
obligation
to shall
assist in the development of mining communities affected by its promote operations to promote
sustainable development, enhance the general community welfare and the quality
of life of the inhabitants, and shall recognize and development. respect the rights,
customs, traditions and religion of local communities.
Where 139. (1) The
holder of a small-scale or large-scale mining community licence is required to
have and implement a community development development agreement with the
primary host community if its approved mining agreement isoperation will or
does exceed any of the following limits-
|
|
required.
|
|
|
(a)
|
in
the case of extraction of minerals from primarily alluvial deposits, where
annual throughput is more than one million cubic metres per
year;
|
93
|
|
(b)
|
in
the case of underground mining operations, where annual combined
run-of-mine ore and waste production is more than one hundred thousand
tonnes per year (waste material not exiting mine mouth to be
excluded);
|
|
|
(c)
|
in
the case of open-cast mining operations extracting minerals from primarily
non-alluvial deposits, where annual combined run-of-mine ore, rock, waste
and overburden production is more than two hundred and fifty thousand
tonnes per year; or
|
|
|
(d)
|
where
the licence holder employs or contracts more than one hundred employees or
workers at the mine site on a typical working day (including all
shifts).
|
(2) The
primary host community is the single community of persons mutually agreed by the
holder of the small-scale or large-scale mining licence and the local council,
but if there is no community of persons residing within thirty kilometres of any
boundary defining the large-scale mining licence area, the primary host
community shall be the local council.
(3) If
the holder of the small-scale or large-scale mining licence and local council
cannot agree on which community is the primary host community, the
licence-holder may notify the Minister requesting clarification, and the
Minister shall notify the licence-holder and local council within sixty calendar
days from the date of such notice, specifying which community is the primary
host community.
(4) The
holder of the small-scale or large-scale mining licence shall expend in every
year that the community development agreement is in force no less than one tenth
of one percent of the gross revenue amount earned by the mining operations in
the previous year to implement the agreement, and such amount and a breakdown of
expenditures shall be reported to the Minister annually as may be
prescribed.
Content
of 140. (1) The
holder of a small-scale or large-scale mining community licence who is required to have a
community development agreement development shall negotiate with the primary host
community the terms of the agreement. agreement, and such
agreement shall include the following-
94
|
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(a)
|
the
person, persons or entity who represent the primary host community for the
purposes of the community development
agreement;
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|
(b)
|
the
objectives of the community development
agreement;
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(c)
|
the
obligations of the licence-holder with regard to the primary host
community including but not necessarily limited
to-
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(i)
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undertakings
with respect to the social and economic contributions that the project
will make to the sustainability of the
community;
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(ii)
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assistance
in creating self-sustaining, income-generating activities, such as but not
limited to, production of goods and services needed by the mine and the
community;
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|
(iii)
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consultation
with the community in the development of mine closure measures that seek
to prepare the community for the eventual closure of the mining
operations;
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(d)
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the
obligations of the primary host community with regard to the
licence-holder;
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(e)
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the
means by which the community development agreement shall be reviewed by
the licence-holder and primary host community every five calendar years,
and the commitment to be bound by the current agreement in the event that
any modifications to the agreement sought by one party cannot be mutually
agreed with the other party;
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(f)
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the
consultative and monitoring frameworks between the licence-holder and the
primary host community, and the means by which the community may
participate in the planning, implementation, management and monitoring of
activities carried out under the agreement;
and
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95
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(g)
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a
statement to the effect that both the licence-holder and primary host
community agree that any dispute regarding the agreement shall in the
first instance be resolved by consultation between the licence-holder and
the primary host community representative(s), and if this fails to resolve
the dispute, either party may submit the matter for the Minister, in
consultation with the local council, to decide, and the decision of the
Minister shall be final and binding on the licence-holder and the primary
host community.
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(2) A
community development agreement shall take into account the unique circumstances
of the licence holder and primary host community, and the issues to be addressed
in the agreement may include the following issues-
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(a)
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educational
scholarship, apprenticeship, technical training and employment
opportunities for the people of the
community;
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(b)
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financial
or other forms of contributory support for infrastructural development and
maintenance such as education, health or other community services, roads,
water and power;
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(c)
|
assistance
with the creation, development and support to small-scale and micro
enterprises;
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(d)
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agricultural
product marketing;
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(e)
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methods
and procedures of environment and socio-economic management and local
governance enhancement; and
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(f)
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other
matters as may be agreed.
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(3) A
community development agreement may not address any of the following
matters-
|
|
(a)
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the
imposition of any additional rent, fee, or tax for the benefit of the
primary host community;
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96
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(b)
|
the
provision of any passenger car, truck, or four-by-four vehicle to any
individual of the host community or to the host community, other than a
specialized purpose vehicle such as an ambulance, fire engine, or
bus;
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(c)
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the
provision of any monetary amount, service, good, or facility for the sole
benefit of an individual or single family
unit.
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Approval
of 141. (1) A
community development agreement agreed and
community signed
by the authorized representatives of a small-scale or large-scale development mining licence and its
primary host community shall be submitted for
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agreement.
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approval
to the Minister who shall, if the agreement meets the requirements set out
in this Part, approve such agreement within forty-five calendar days of it
being submitted.
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(2) If
the community development agreement is not approved, the Minister shall notify
the holder of the small-scale or large-scale mining licence and the primary host
community representative and such notice shall contain the specific reasons for
denial and the means or directions by which such reasons may be
corrected.
(3) The
holder of the small-scale or large-scale mining licence and host community
representatives may submit any number of revised agreements.
(4) If
the holder of the small-scale or large-scale mining licence and its primary host
community fail after reasonable attempts to conclude a community development
agreement by the time the licence-holder is ready to commence development work
on the mining licence area, the licence-holder or the primary host community may
refer the matter, jointly or individually, by notification to the Minister for
resolution, and the decision of the Minister, in consultation with the local
council, thereon shall be final.
(5) A
notification under subsection (4) from either or both parties shall include the
draft community development agreement proposed by the party, description of the
efforts to negotiate an agreement, issues that have been agreed, issues which
have not been agreed, and proposals to resolve issues, and the Minister shall
determine the matter within sixty calendar days of such
notification.
(6) The
holder of the small-scale or large-scale mining licence shall provide a copy of
the community development agreement approved by the Minister to the Director
within thirty calendar days of the date on which such agreement was approved,
and the agreement shall be considered non-confidential and available to the
public at the Mining Cadastre Office.
97
PART
XVII - HEALTH
AND SAFETY
Duty
of 142. Every
holder of a mineral right shall-
holders of
mineral
right (a) provide
and promote conditions for safe
to
ensure operation
and a healthy working
safety of
workers. environment;
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(b)
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institute
measures necessary to secure, maintain and enhance health and
safety;
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(c)
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ensure,
as far as reasonably practicable, that the mine is commissioned, operated,
maintained and decommissioned in such a way that workers can perform their
work without endangering the health and safety, of themselves or of any
other person;
|
|
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(d)
|
ensure
that persons who are not employees, but who may be directly affected by
the activities at the mine are not exposed to any hazards to their health
and safety;
|
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(e)
|
ensure
that all persons working at the mine have the necessary skills, competence
and resources to undertake their work safely and to ensure the safety of
others;
|
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(f)
|
if
the mine is not being worked, take all reasonable steps to continuously
prevent injury, ill-health, loss of life and damage of any kind from
occurring at or because of the mine;
and
|
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(g)
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establish
a policy for the compensation of injured
workers.
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Duties
of 143. Every
person who works at a reconnaissance,
workers
at exploration
or mining operation shall-
mines.
|
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(a)
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comply
with all measures and procedures prescribed or instituted by or on behalf
of the holder of a mineral right to ensure health and safety at the
mine;
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(b)
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take
reasonable care to protect their own health and safety and the health and
safety of other persons who may be affected by any act or omission of that
person;
|
98
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(c)
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use
and take proper care of all health and safety facilities and equipment
provided for the protection, health and safety of that person and other
workers;
|
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(d)
|
report
promptly to his immediate supervisor, if any, or to the relevant
authority, any situation which he believes could present a risk to health
and safety and which is not within his competence to
control;
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(e)
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co-operate
with any person to permit compliance with the duties and responsibilities
placed on that person in terms of this Act;
and
|
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(f)
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comply
with such health and safety measures as may be
prescribed.
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Rights
of
144. Every
person who works at a mine shall have a right to
workers
at leave
the mine when circumstances arise which appear to him, with
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mines.
|
reasonable
justification to pose a serious danger to the health or safety of that
person.
|
Protection
from 145. (1) No
person may discriminate against any discrimination. employee
for-
|
|
(a)
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exercising
a right in terms of this Act or in terms of a collective agreement under
this Act or under any other law;
|
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(b)
|
doing
anything that the employee is entitled to do in terms of this Act or in
terms of a collective agreement under this Act or under any other
law;
|
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(c)
|
refusing
to do anything that the employee is entitled to refuse to do in terms of
this Act or in terms of a collective agreement under this Act or under any
other law; or
|
|
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(d)
|
refusing
to do anything that the employee is prohibited from doing in terms of this
Act or in terms of a collective agreement under this Act or under any
other law;
|
99
(2) For
the purposes of this section-
|
|
(a)
|
“discriminate”
means to dismiss an employee or to engage in any other conduct which has
the effect of prejudicing or disadvantaging the employee, or which
prejudices or disadvantages the employee relative to other employees;
and
|
|
|
(b)
|
“employee”
includes any applicant for employment who has previously been employed at
a mine.
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Duty to
report 146. (1) Where
there is an accident in connection with any accidents. operations under a
mineral right involving the loss of life or serious
injury to
any person the holder of the mineral right shall report to the Director or an
authorised officer as soon as possible.
(2) For
the purposes of subsection (1), the expression serious injury means injury
likely to result in the injured person being incapacitated from doing his usual
work for at least fourteen calendar days.
(3) Every
holder of a mineral right shall keep and maintain records of every report made
pursuant to subsection (1) for at least five years.
(4) Every
person who contravenes subsection (1) commits an offence.
Health
and 147. (1) The
Minister shall by statutory instrument make
safety regulations
for securing as far as practicable the health and safety
of
|
regulations.
|
employees
and other persons at reconnaissance, exploration and mining
operations.
|
(2) Without
prejudice to the generality of subsection (1), regulations may
provide for-
|
|
(a)
|
promoting
a culture of health and safety;
|
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|
(b)
|
providing
for the enforcement of health and safety
measures;
|
|
|
(c)
|
giving
effect to international legal obligations of the Republic relating to
mining health and safety;
|
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|
(d)
|
providing
for appropriate systems of employee, employer and government participation
in health and safety matters;
|
100
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|
(e)
|
providing
for effective monitoring systems and inspections, investigations and
inquiries to improve health and safety in the mining
sector;
|
|
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(f)
|
promoting
training and human resources
development;
|
|
|
(g)
|
regulating
employers' and employees' duties to identify hazards and eliminate,
control and minimise the risk to health and
safety;
|
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|
(h)
|
entrenching
the right to refuse to work in dangerous
conditions;
|
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|
(i)
|
the
safety of the public and the safety and welfare of persons employed in
mines and the carrying on of mineral operations in a safe proper and
effective manner;
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|
(j)
|
the
reporting of accidents;
|
|
|
(k)
|
the
protection of shafts, pits, tunnels, excavations and such other dangerous
places in mines; and
|
|
|
(l)
|
the
examination of mines by authorised
officers.
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PART
XVIII - FINANCIAL
Royalties. 148. (1) Subject
to this Act, the holder of a mineral right
right
shall pay to the Government royalty in respect of any mineral obtained by him
pursuant to his mineral right.
(2) Royalty
is payable pursuant to subsection (1) shall be the following percentages of
market value as defined in subsection (3) below-
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|
(a)
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15%
for special stones, defined as those precious stones whose market value is
above five-hundred thousand United States
Dollars;
|
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(b)
|
6.5%
for precious stones;
|
|
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(c)
|
5%
for precious metals;
|
|
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(d)
|
3%
for all other minerals.
|
101
(3) The
term “market value” shall for the purposes of calculation of royalty be the sale
value receivable in an arms length transaction without discount, commissions or
deductions for the mineral or mineral products on disposal as defined in
regulations.
Act No.
8 (4) Subject
to the Income Tax Act, 2000, royalty
|
|
2000
|
payable
in pursuance of subsection (1) shall constitute an operating cost of the
mineral right holder and shall be allowed as a deductible expense in
ascertaining his net chargeable income for income tax purposes provided
that royalty shall not be imputed as part-payment of any tax on
income.
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Exemption
from 149. The
Director may exempt from liability with respect to
payment royalty
for samples of minerals acquired for the purpose of assay,
of
royalties. analysis
or other examination or testing.
Provisional 150. (1) Where
for any reason it is impracticable to assess royalties. the amount of any royalty
due, the Minister may assess a
provisional
royalty.
(2) Where
any royalty due has been ascertained, the holder of the mineral right concerned
shall pay any sum which may be required to complete such ascertained royalty or
be entitled to be repaid any sum paid in excess of the ascertained
value.
Prohibition 151. (1) If
the holder of a mineral right fails to pay any
on
disposal royalty
on or before the due date or any extension allowed by the
of
minerals. Minister,
the Minister may order, by notice served on the holder of the
mineral
right, prohibit the disposal of any mineral in the possession of such holder
until all outstanding royalty has been paid or until an arrangement has been
made, acceptable to the Minister for the payment of the royalty, and the holder
shall comply with the notice.
(2) Any
holder of a mineral right who contravenes or fails to comply with the provisions
of an order given under subsection (1) and any person who, knowing of such an
order and contrary to it receives any mineral from the holder or from the area
that is subject to the mineral right, commits an offence and shall on conviction
be liable to a fine not less than two thousand United States Dollars or the
equivalent in leones or to a term of imprisonment not exceeding two years or to
both, in the case of an individual, or a fine not less than twenty thousand
United States Dollars, or the equivalent in leones, in the case of a body of
persons or body corporate.
Annual
152. (1) There
shall be payable to the Government by the charge in holder of any mineral
right an annual charge of such amount as may respect of be
prescribed.
mineral
rights.
(2) The
annual charge payable pursuant to subsection (1) shall be payable on the grant
of a mineral right and after that annually on the anniversary of the grant until
the termination of the mineral right.
102
Submission 153. (1) A
holder of a large-scale mining licence shall
|
of
financial
|
deliver
to the Director and the Commissioner-General of
the
|
|
agreements.
|
National
Revenue Authority, certified copies of all sales, management, commercial
and other financial agreements in excess of fifty thousand United States
Dollars or equivalent concluded with any other person, including
affiliates of the holder and relating to mining operations
carried on by such holder.
|
(2) The
agreements referred to in subsection (1) shall be submitted to the Director and
the Commissioner-General of the National Revenue Authority within thirty
calendar days after the execution of such agreements, and shall be kept
confidential.
Arms-length 154. (1) Subject
to subsection (3), the holder of a mineral
sales. right
shall sell mineral products obtained under its mining operations-
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|
(a)
|
in
accordance with generally accepted international business
practices;
|
|
|
(b)
|
for
exported minerals, at the best available international market prices at
the time the contract for sale is
made;
|
|
|
(c)
|
for
exported minerals, on the best international terms compatible with world
market conditions and conditions obtainable in the
circumstances.
|
(2) Subject
to subsection (3), the holder of a mineral right shall make sales commitments to
affiliates only at prices based on or equivalent to arms length sales to
non-affiliated purchasers and in accordance with such terms and conditions on
which agreements would be made if the parties had not been
affiliated.
(3) The
provisions of this section shall apply to holders of large-scale mining licences
having a capital expenditure of not less than US$5 million.
(4) Where
the Minister considers the realised price does not comply with subsections (1)
and (2) the Minister, on the advice of the Minerals Advisory Board, shall
determine the appropriate price.
Separate
155. (1) The
chargeable income for any year of assessment
accounting
for of
a holder of a large-scale mining licence shall be calculated
separately
all
large-scale for
each large-scale mining licence under which licence such holder
shall
|
mining
licences.
|
maintain
separate balance sheets, statements and books of accounts for each
large-scale mining licence under which mining operations are carried
on.
|
103
|
|
(2)
|
A
holder of a mineral right, other than a large-scale mining licence may
elect, by informing the Commissioner of Income Tax in writing, to have the
provisions of the subsection (1) apply to him in respect of his mineral
right.
|
|
|
(3)
|
A
holder of a mineral right to whom this Act applies may, on application for
the relevant mining licence, elect to maintain his accounts and be
assessed for taxation and other Government impositions in United States
Dollars and such holder shall, for the duration of the licence, account
in, and make all payments to the Government in that
currency.
|
|
|
(4)
|
Notwithstanding
the provisions of subsection (1), a holder of a large-scale mining licence
may, with the Minister’s approval, deduct exploration expenditure in
determining chargeable income attributable to any large-scale mining
licence provided the expenditures were incurred by the licence holder on
reconnaissance and exploration licences within Sierra
Leone.
|
Security
for 156. The
Minister may from time to time, on the advice of the
|
compliance.
|
Minerals
Advisory Board, make such arrangements as appear appropriate to secure
that the holder of a mineral right complies with this Act, and in
particular may accept guarantees, whether from shareholders or otherwise,
in respect of such compliance.
|
Recovery
of 157. (1) Royalties,
import duty and any annual charge
|
royalties,
|
payable
under this Part, are debts due to the Government and
are
|
|
taxes,
|
recoverable
in a court of competent
jurisdiction.
|
|
|
duties,
etc.
|
|
(2)
|
In
proceedings pursuant to subsection (1),
a
|
certificate
of the Minister certifying that a charge of a specified amount, is payable by an
identified person shall be received as evidence of the fact but without
prejudice to the right to adduce evidence in rebuttal.
(3) Where
two or more persons constitute the holder of a licence when royalty becomes
payable, those persons are jointly and severally liable for the payment of
royalty or any annual charges but without prejudice to any right to contribution
pursuant to any agreement, express or implied, existing between
them.
Minister
may 158. (1) Where
the Minister has reason to believe that a
require person
is capable of giving information or producing or making
information available
books or documents relating to minerals obtained, or the
|
to be
furnished.
|
value
of minerals obtained, he may by instrument in writing served on that
person, order the person-
|
104
|
|
(a)
|
to
furnish to him in writing, within the period and in the manner specified
in the instrument, any such
information;
|
|
|
(b)
|
to
attend before him or a person specified in the instrument, at such time
and place as is so specified and there to answer questions relating to
minerals obtained, or the value of minerals obtained;
or
|
|
|
(c)
|
to
produce or make available to a person specified in the instrument, at such
time and place as is so specified, books or documents in his custody,
power or control relating to minerals obtained or the value of minerals
obtained.
|
(2) A
person is not excused from furnishing information, answering a question or
producing or making available books or documents when required to do so under
this section, on the ground that the information so furnished, the answer to the
question or the production or making available of any books or documents might
tend to incriminate him or make him liable to a penalty but the information so
furnished is not admissible in evidence against him in any proceeding other than
proceedings for an offence against this section.
(3) Where
books or documents are made available pursuant to the requirement under
paragraph (c) of subsection (1) the person to whom the books or documents are
made available may make copies of or take extracts from, the books or
documents.
|
(4)
|
No
person shall-
|
|
|
(a)
|
refuse
or fail to comply with a requirement under subsection (1) to the extent to
which he is capable of complying with
it;
|
|
|
(b)
|
in
purported compliance with such a requirement, knowingly furnish
information that is false or misleading in a material particular;
or
|
|
|
(c)
|
when
attending before the Minister or any person in pursuance of such a
requirement knowingly make a statement or produce books which are, false
or misleading in a material
particular.
|
(5) Any
person who contravenes subsection (4) commits an offence and shall be liable on
conviction to a fine of not less than five hundred United States Dollars or its
equivalent in leones or imprisonment for a term of two years, or to both such
fine and imprisonment.
Transparency 159. For
the purpose of realising its objectives under this Act,
in the
extractive the
Minister shall-
industry.
|
|
(a)
|
develop
a framework for transparency in the reporting and disclosure by persons
engaged in the extractive industry, of revenue due to or paid to
Government;
|
105
|
|
(b)
|
request,
as may be deemed necessary, from any person engaged in the extractive
industry, an accurate record of the cost of production and volume of sale
of minerals extracted by such person at any
period;
|
|
|
(c)
|
request
from any person engaged in the extractive industry, an accurate account of
money paid by and received from such person at any period, as revenue
accruing to the Government for that
period;
|
|
|
(d)
|
ensure
that all payments due to the Government from a person engaged in the
extractive industry, including taxes, royalties, dividend, bonuses,
penalties, levies and such like, are duly made;
and
|
|
|
(e)
|
disseminate
by way of publication or otherwise, records, reports or any information
concerning the revenue of the Government from the extractive industry, at
least annually.
|
Duty to
report 160. (1) A
person engaged in the extractive industry shall
revenue submit
to the Minister not later than fifteen calendar days after the end
payments
to of
each quarter of a year-
Government.
|
|
(a)
|
a
general report on his activities and revenue payments made to the
Government, including taxes, royalties, dividends, bonuses, penalties,
levies and such like for that period;
and
|
|
|
(b)
|
a
report on payments made to landowners, lawful occupiers, Paramount Chiefs,
or Chiefdom Committees, including surface rents, development project
contributions, material contributions towards vehicles, buildings or other
civil works.
|
(2) A
person engaged in the extractive industry who-
|
|
(a)
|
fails
to comply with subsection (1); or
|
|
|
(b)
|
gives
false or misleading information or report regarding its volume of
production, sales and income; or
|
|
|
(c)
|
renders
a false statement of account resulting in the underpayment of revenue
accruable to Government,
|
commits
an offence and shall be liable on conviction to a fine not less than ten
thousand United States Dollars or its equivalent in leones or to imprisonment
for a term not exceeding one year in the case of an individual, to a fine not
less than twenty thousand United States Dollars or its equivalent in leones, in
the case of a co-operative, and to a fine not less than forty thousand United
States Dollars or its equivalent in leones in the case of a body
corporate.
Definitions. 161. For
the purposes of sections 159 and 160, “a person
engaged
in the extractive industry” includes any agency or body responsible for payment
or reporting of payment of extractive industry revenues to Government; and
“extractive industry” includes the business of reconnaissance, exploration,
mining, extracting, processing and distributing minerals and gas.
Government 162. (1) The
Government of Sierra Leone shall have the participation. option to acquire on such terms as shall
be agreed upon between the
holder of
a large-scale mining licence and the Government, shareholding
interest in any large-scale mining operations.
(2) Any
agreement concluded under subsection (1) shall be done with the advice of the
Minerals Advisory Board and with the concurrence of the Minister of
Finance.
106
PART XIX - MISCELLANEOUS
Preference
for 163. The
holder of a mineral right shall in the conduct of
Sierra
Leone his
mining operations give preference to-
products.
|
|
(a)
|
materials
and products made in Sierra Leone;
|
|
|
(b)
|
service
agencies located in Sierra Leone and owned
by-
|
(i) Sierra
Leoneans;
|
|
(ii)
|
companies
or partnerships incorporated or registered in Sierra Leone;
and
|
(iii) Public
Corporations.
Employment 164. (1) Citizens
of Sierra Leone possessing the necessary
and training
of qualifications
and experience shall be given preference for employment
Sierra
Leone in
all phases of operations under a mineral right, and in accordance
with
citizens.
the national labour laws.
|
(2)
|
A
holder of a mineral right shall not import unskilled labour for the
carrying out of any of its operations undertaken under the mineral
right.
|
(3) A
holder of a mineral right shall not employ or in any way use child
labour.
|
|
(4)
|
A
holder of a small-scale mining licence or large-scale mining licence shall
carry out a scheme of training and employment of local employees in each
phase and level of operations taking into account the requirements of
safety and the need to maintain acceptable standards of efficiency in the
conduct of the operations.
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|
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(5)
|
The
training programme shall provide appropriate instruction and training to
ensure the advancement of Sierra Leonean employees in the skilled
technical, supervisory, administrative and managerial
categories.
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|
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(6)
|
A
holder of a small-scale mining licence or large-scale mining licence shall
submit an annual written report to the Director describing the number of
personnel employed, their nationality, their positions and the status of
training programmes for citizens of Sierra
Leone.
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|
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(7)
|
Failure
by a holder of a mineral right to comply with the provisions of subsection
(3), (4) or (5) shall be regarded as a material breach and if such person
is the holder of a small-scale mining licence or large-scale mining
licence, the licence may be suspended or
cancelled.
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107
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Removal
of
|
165.
|
(1)
|
Minerals
shall not be removed from any land
from
|
|
minerals.
|
which
they have been obtained, nor disposed of, in any manner,
except-
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|
(a)
|
subject
to subsection (2), by the holder of a mineral right for the purpose of
sampling or analysis;
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(b)
|
by
the holder of a mineral right in accordance with the terms of
the mineral right concerned;
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(c)
|
as
authorised by the Minister for scientific or research purposes;
and
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(d)
|
as
otherwise permitted by this Act.
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(2) The
holder of a mineral right shall not, pursuant to paragraph (a) of subsection (1)
take or send out of the country samples without the written consent of the
Minister.
(3) Any
person who contravenes subsection (1) or (2) commits an offence and is liable on
conviction to a fine not exceeding two thousand dollars or its equivalent in
leones or to a term of imprisonment not exceeding twelve months or to both such
fine and imprisonment.
Preservation 166. (1) The
holder of a mineral right shall preserve all
of samples
and cores
and drilling samples, except for such amounts as may be
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cores.
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required
for assaying and testing and, at such time as he no longer requires them,
or upon the expiry, surrender or cancellation of the right, to advise the
Director and the Director of Geological
Survey.
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(2) On
receiving such advice, the Director or the Director of Geological Survey may
within thirty days request that the cores and drilling samples (or such of them
as are required) to be provided to him, and the holder of the tenement shall
comply with such a request at his own cost.
Discovery 167. (1) Any
person who finds any precious mineral in a
of
precious mining
area shall forthwith deliver such precious mineral to the holder
minerals. of
the mineral right in respect of that area.
(2) Where
the holder of the mineral right referred to in subsection (1) is unidentifiable
or cannot be found, the finder of the precious mineral shall forthwith surrender
the precious mineral to the Director or a duly authorised officer, but in any
event not later than seventy two hours after finding the precious
mineral.
(3) Any
person who finds any precious mineral in or on any land which is not the subject
of a mineral right, the finder shall forthwith report to the Director and
surrender the precious mineral but in any event not later than seventy two hours
after finding the precious mineral.
(4) Any
person who fails to comply with any of the provisions of subsections
(1), (2) and (3) shall be presumed to be in unlawful possession of precious
minerals and unless the contrary is proved, shall be proceeded against and
punished in accordance with this Act.
(5) A
finder of a precious mineral who complies with the provisions of this section
shall be entitled to forty percent of the value of the precious mineral and
shall be presumed to be in lawful possession of the precious
mineral.
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Unlawful
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168.
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(1)
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Any
person who is in possession of any
precious
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possession
of
|
mineral
and who fails to prove that he is in lawful possession of
such
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precious
|
mineral
commits an offence.
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minerals.
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(2)
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For
the purpose of subsection (1)-
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(a)
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a
labourer or tributer employed by the holder of an artisanal, small-scale
or large-scale mining licence shall not be deemed to be in lawful
possession of a precious mineral unless such mineral is in his possession
within the actual workings in the mineral right
area;
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(b)
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the
holder of an artisanal, small-scale or large-scale mining licence or its
duly authorised agent as the case may be, shall not be deemed to be in
lawful possession of the precious mineral unless such mineral is in its
possession-
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108
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(i)
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within
the actual workings of its mineral right
area;
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(ii)
|
within
its registered place of business;
or
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(iii)
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any
other place used to exercise the rights vested in it in respect of such
minerals by virtue of the licence.
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(3) Subject
to section 167 and this section, no other person shall be deemed to be in lawful
possession of a precious mineral unless such mineral is in his possession under
and in accordance with the terms of a valid mineral right or minerals licence
issued under this Act.
(4) Any
person who commits an offence under this section shall be liable on conviction
to imprisonment for a term not less than three years.
(5) In
addition to the penalty imposed in subsection (4) for an offence committed under
this section, any precious minerals in connection with which the offence was
committed shall be forfeited to the State.
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Smuggling
of
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169.
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(1)
|
No
person shall smuggle any precious minerals
out
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precious
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of
Sierra Leone.
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minerals.
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(2)
|
A
person smuggles precious minerals if
he-
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(a)
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exports
any precious mineral the exportation of which is prohibited by any
enactment; or
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(b)
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exports
any precious mineral the exportation of which is subject to any licence,
permit or condition, whether or not such condition is endorsed on any
licence or permit or where such exportation is effected without or in
contravention of such licence or permit or contrary to or without
fulfilling such condition.
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(3) Any
person who contravenes subsection (1) commits an offence and is liable on
conviction to imprisonment for a term of not less than five years.
(4) In
addition to any other penalty imposed in subsection (3), where an offence is
committed under this section-
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(a)
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any
precious minerals in connection with which the offence was committed shall
be forfeited to the State; and
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(b)
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any
licence or permit held by the person convicted shall be revoked by the
Court.
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(5) For
the avoidance of doubt, the provisions of this section shall not prevent the
accused or any precious mineral or other article or thing involved in the
commission of any act referred to in subsection (1) from being dealt with under
any other enactment; and the provisions of this section shall be deemed to be in
addition to any other enactment relating to the matter.
(6) Nothing
in subsection (5) shall be construed to permit the accused person being punished
more than once in criminal proceedings in respect of the same act.
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Miscellaneous
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170.
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(1)
|
Any
person who places or deposits or is
an
|
|
offences.
|
accessory
to the placing or depositing of any mineral in any spot
or
|
place for
the purpose of misleading any person as to the nature naturally occurring at
such spot or place, or who shall mingle with any sample of metal, mineral or ore
any substance which will increase or decrease the value or in any way change the
nature of the said metal, mineral or ore, with intent to defraud any person,
commits an offence and shall be liable to a fine not less four thousand United
States Dollars or its equivalent in leones or to a term of imprisonment not
exceeding two years.
109
(2) Any
person who falsely represents that he has obtained the grant of a mineral right
and thereby induces or attempts to induce any person to invest capital in any
company or syndicate connected therewith shall in addition to any possible
liability to civil action or criminal prosecution, be liable to forfeit any
claim to the grant of such mineral right.
(3) Any
person who without lawful authority wilfully breaks, defaces or removes, or in
any way interferes with any boundary mark, beacon, pillar, peg or post erected
for any of the purposes of this Act or under any regulations made under it, or
removes or alters any such mark, beacon, pillar peg or post after it has been
delineated on a plan or survey, commits an offence and is liable to a fine not
less than two thousand United States Dollars or its equivalent in leones or to
imprisonment for a term not exceeding twelve months or to both such fine and
imprisonment.
(4) The
holder of a large-scale mining licence who fails to notify the Director of any
further deposits of the mineral or associated mineral for which he holds the
licence or of the discovery of any other mineral as required by this Act commits
an offence and shall be liable on conviction to a fine not less than ten
thousand United States Dollars or its equivalent in leones.
(5) Any
person who-
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(a)
|
interferes
with any reconnaissance, exploration or mining operations authorised by or
under this Act;
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(b)
|
obstructs
any holder of a mineral right or permit in the exercise of any right
conferred by or under this Act;
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(c)
|
interferes
with any machinery plant, works or property established on, in under or
over any land in exercise of a right conferred by or under this Act;
or
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(d)
|
commits
any breach of any of the provisions of this Act for which breach a penalty
is not expressly provided,
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commits
an offence and shall be liable on conviction to a fine not less than four
thousand United States Dollars or its equivalent in leones or to imprisonment
for a term not exceeding twelve months or to both such fine and
imprisonment.
(6) Any
holder of a mineral right that employs or uses child labour commits an offence
and shall be liable on conviction to a fine not less than eight thousand United
States Dollars or its equivalent in leones or to a term of imprisonment not
exceeding twenty four months or to both such fine and imprisonment.
Offences
in 171. A
person who wilfully-
relation
to
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registration.
|
(a)
|
makes,
or causes to be made or concurs in making, a false entry in the mining
cadastre; or
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|
(b)
|
produces
or tenders in evidence a document falsely purporting to be a copy of or
extract from an entry in the mining cadastre or of or from an instrument
lodged with the Director,
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commits
an offence and shall be liable on conviction to a fine not less than two
thousand United States Dollars or its equivalent in leones or to imprisonment
for a term not exceeding six months, or to both.
110
Failure
to 172. Any
person who fails to deliver any document required
deliver to
be delivered under this Act within fourteen calendar days
of documents. being called upon to do
so by the Director, commits an offence and shall be liable on conviction
shall be on conviction to a fine not less than two thousand United States
Dollars or its equivalent in leones or to imprisonment for a term not exceeding
six months, or to both.
General
173. (1) Any
person who commits an offence under this Act penalty. for which no penalty is
expressly provided shall, on conviction be liable
to a fine
not less than two thousand United States Dollars or its equivalent in leones or
to a term of imprisonment not exceeding twelve months or to both such fine and
imprisonment.
(2) Where
an offence under this Act is committed by a body of persons then-
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|
(a)
|
where
the body of persons is a body corporate other than a partnership, every
member of the governing body of that body corporate and every director,
manager or similar officer of that body shall also be guilty of the
offence; and
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(b)
|
where
the body of persons is a partnership, every partner shall also be guilty
of the offence.
|
(3) No
person shall be guilty of an offence by virtue of subsection (1) if he proves
that the act in respect of which he is charged was committed by some other
person without his consent or connivance and that he exercised all due diligence
to prevent the commission of the offence, as he ought to have exercised having
regard to all the circumstances.
Liability
of 174. Whenever
it is proved to the satisfaction of a court having
employer
for jurisdiction
that an offence against this Act has been committed by
offences a
person employed by the holder of a mineral right, such holder of
the
committed mineral
right shall also be held liable for such offence and subject to
by
his the
penalty provided for it, unless the holder proves to the
satisfaction
|
servants.
|
of
such court that the offence was committed without his knowledge or consent
and that he had taken all reasonable measures to prevent the commission of
the offence (except that nothing in this section shall be deemed to exempt
the person who commits the offence from any penalty prescribed for
it).
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Review
of 175. With
the exception of subsection (2) of section 86 any decision of decision or order of the
Minister under this Act may be reviewed upon the
|
Minister.
|
application
of any affected party to the High Court which shall hear and
determine the issue de novo but such application must be made within sixty
calendar days of the date of such decision or
order.
|
111
PART XX –
REGULATIONS
Regulations. 176. (1) The
Minister may make regulations for the
conservation
and development of mines and minerals and for the purpose of giving effect to
the provisions of Act.
(2) Without
prejudice to the generality of subsection (1) regulations may provide for or
with respect to-
|
|
(a)
|
prescribing
anything which in terms of this Act is to or may be
prescribed;
|
|
|
(b)
|
the
manner in which applications under this Act shall be made, form of
documents required and information to be supplied by
applicants;
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|
(c)
|
the
shape and size of blocks and areas over which mineral rights may be
granted;
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|
|
(d)
|
the
mining cadastre;
|
|
|
(e)
|
the
manner in which areas and boundaries shall be marked, beaconed and
surveyed and the fees payable in respect of such
surveys;
|
|
|
(f)
|
the
renewal, transfer, assignment and surrender of mineral
rights;
|
|
|
(g)
|
the
form and required content of applications, mineral rights, and
reports;
|
|
|
(h)
|
the
returns to be rendered and the nature of the accounts, books and plans to
be kept by the holders of mineral
rights;
|
|
|
(i)
|
the
valuation, sampling, weighing and testing of
minerals;
|
|
|
(j)
|
the
method of calculation of the amount of royalties and the manner and time
of payment thereof;
|
|
|
(k)
|
the
fees to be paid in respect of any matter or thing done under this
Act;
|
|
|
(l)
|
the
examination of mines by authorised
officers;
|
|
|
(m)
|
the
proper and efficient working of reconnaissance licence areas, exploration
licence areas, mining areas and
mines;
|
|
|
(n)
|
the
avoidance of wasteful mining practices or wasteful metallurgical
practices;
|
|
|
(o)
|
the
penalties for offences against the regulations and anything which is to be
prescribed.
|
112
(3) The
Minister shall, in consultation with the Board of the Environmental Protection
Agency, make regulations restricting or prohibiting exploration or mining
operations for environmental reasons and setting out terms and conditions of
environmental impact assessment required under this Act.
(4) Regulations
under paragraph (j) of subsection (2) may-
|
|
(a)
|
prohibit
the export of any mineral unless or until the royalty payable on it has
been paid or secured;
|
|
|
(b)
|
specify
the person or persons by whom royalty shall be payable and may specify
whether two or more persons are jointly and severally liable to pay such
royalty;
|
|
|
(c)
|
provide
for the examination of mineral consignments and the issue of export
permits in respect thereof;
|
|
|
(d)
|
provide
for the remission or refund of royalty or any part thereof in any case or
class of case and the manner in which and conditions on which such
remission or refund may be made;
|
|
|
(e)
|
confer
upon any public offer specified in it such powers of inspection and
enquiry as may be reasonably
necessary.
|
Power
of
177.
(1) With
regards to mining operations for precious
Minister
to minerals
the Minister may make regulations-
make
special
regulations (a) empowering
the holder of the mineral right
with regards
to right
to demarcate by a fence, or by precious minerals. pillars of posts,
any one or more portions of
the area
included in his mineral right not exceeding in each case a prescribed size, but
not including any dwelling without the occupier’s consent, and to keep such
portion or portions so demarcated while mining operations for the precious
minerals are in progress on it;
|
|
(b)
|
empowering
the holder of the mineral right who has complied with the provisions of
any regulations made under paragraph (a) to prohibit and prevent any
persons, other than those absolutely or conditionally exempted, from
entering such demarcated portions;
|
|
|
(c)
|
prohibiting
any persons, other than those absolutely or conditionally exempted, from
entering any town, village or camp which is situated within the area of a
mining right and the whole or the greater part having been built or set up
by the holder of the mineral right;
|
|
|
(d)
|
conferring
on such persons as may be specified in it the power of searching persons,
buildings and articles within such demarcated portions and such towns,
villages and camps.
|
113
(2) Regulations
made under this section may apply to any particular mineral right or to any
particular town, village or camp.
PART
XXI - REPEAL
AND SAVINGS
Repeal
and 178. (1) The
following enactments are repealed-
savings.
|
|
(a)
|
the
Mines and Minerals Act, 1994; and
|
|
|
(b)
|
the
Commission for the Management of Strategic Resources, National
Reconstruction and Development Act,
1999.
|
(2) Notwithstanding
the repeal of the enactments referred to in subsection (1), any regulations made
under the repealed enactments shall in so far as they are consistent with this
Act continue in force as if they were regulations made under sections 176 and
177 until such time as they are revoked by the Minister.
(3) Subject
to subsections (4) and (5), notwithstanding the repeal of the enactments
referred to in subsection (1), any mineral right or mineral permit granted under
any of the those enactments and subsisting immediately before the commencement
of this Act shall continue in force until expiration by passage of
time.
(4) A
holder of a mineral right granted prior to this Act may apply, subject to this
Act, for a mineral right covering the area subject to its existing right on a
priority basis.
(5) No
mineral right granted prior to this Act shall be extended or renewed but where
the prior granted mineral right provided a right to apply for a renewal or
extension of the right, the holder of that mineral right may apply, subject to
this Act, for a similar type of licence as provided for under this Act on a
priority basis.
(6) Any
act done, executed or issued under the repealed Act and in force and operative
before the commencement of this Act shall, so far as it could have been done,
executed or issued under this Act have effect as if done, executed or issued
under this Act.
(7) Any
fund kept under the repealed Act shall be deemed to be part of a fund kept under
the corresponding provision of this Act.
Alhaji
Alpha S.B. Kanu
Minister
of Mineral Resources and Political Affairs
FREETOWN
SIERRA
LEONE
OCTOBER,
2009
114