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The Customary Land Rights Act, 2022
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Contents
- Preamble
- Section 1 — In this Act unless the context otherwise requires-
- Section 2
- Section 3
- Section 4
- Section 5
- Section 6
- Schedule
THE CUSTOMARY LAND RIGHTS ACT, 2022
TABLE OF CONTENT
PART I–PRELIMINARY
Schedules
ii No. 20 The Customary Land Rights Act 2022 25
13. Grievance mechanisms and dispute resolution protocols. Detailed and clear
description of the process by which the community and the investor will
resolve any disputes that arise over the course of the leasehold, including the
location, language, and procedures for any ADR or mediation process, and
how decisions or agreements about grievances or complaints will be made
and enforced.
14. Rules concerning communication between the community and the investor
throughout the duration of the lease. A detailed plan and timeline for how the
community and the lessee investor will communicate - when, where and in
what language - concerning: changes to the investment or business plan;
annual revenues, profits and losses, information about changes to the
company's ownership or management, information relevant to environmental
impacts, and other significant information.
15. Breach of contract. Detailed description of what kinds of actions or effects
would count as serious and non-serious breach of the contract, as well as
consequences for serious breach of contract (including termination of the
leasehold), and required compensation and remedy for such breaches.
16. Assignment of rights. If the company changes ownership, a clear mandate
that the new company must be bound by the existing contract.
17. Periodic review and renegotiation of the contract. If the lease is for 50 full
years, at what point and under what circumstances will the contract be reviewed
and potentially amended.
18. Governing law, including which laws shall apply, and how the community's
customary rules will be considered.
19. End date, termination and contract renewal process. The end date of the
contract and whether and how it can be renewed, the process for renewal, and
how, should the leasehold end, how any improvements to the land will be
distributed or disposed of, as well as the investor's duty to restore or repair
the land and environment at the completion of its investment.
No. 20 The Customary Land Rights Act 2022
Short title.
No. 20 2022
Sierra Leone
The Customary Land Rights Act, 2022
Being an Act to provide for the protection of customary land
rights , the elimination of discrimination under customary law and
the management and administration of land subject to customary
law and other related provisions
[ ]
ENACTED by the President and Members of Parliament in this
present Parliament assembled.
Date of commencement.
SIGNED this 6th day of September, 2022.
DR. JULIUS MAADA BIO,
President.
LS
7. Fulfilment of benefits. If improvements or infrastructure are to be built as part
of the payments, details concerning: who will build the improvements or
infrastructure, the end date by which it must be built, the specific materials it
must be built with, where it will be located, the penalty if the investor does not
complete the infrastructure project, and any necessary details concerning the
on-going maintenance of the infrastructure over the duration of the leasehold.
8. Fulfilment of employment contracts for community members. If jobs are to be
provided, details concerning the percentage of the overall workforce to be
hired from within the community, the percentage of management positions to
be hired from the community, the job training to be provided, and the internal
human resource grievance mechanisms and processes available to the
community if workers are mistreated or unpaid, or if company workers mistreat
community members.
9. Community access and use of the leased land. Clear protections for community
livelihoods and continued use of local natural resources, including where,
when, how and under what circumstances the community may access, enter,
pass through or otherwise use the leased land and all natural resources located
therein.
10. Protections against - and compensation for - damage to the community's
ecosystem and environment. Detailed requirements concerning what the
company must do to avoid or minimize air pollution, water pollution, soil
pollution, noise pollution, light pollution, harm to plant and animal species,
and damage to historically and culturally important sites. Such requirements
shall include what the company must do to remedy such pollution if it occurs,
including what damages it must pay if community health, livelihood, food
security and welfare are negatively impacted.
11. Rules to regulate investors' conduct within the community and to protect
against social damage to the community, including actions taken by company
employees.
12. Compliance monitoring. Detailed description of the community's right to
monitor the company's activities to ensure against pollution, social damages,
and general non-compliance with the terms of the contract, including who,
when and how such monitoring shall be undertaken and reported upon.
Interpretation.
PART I–PRELIMINARY
"authorised officer" means an officer of a Chiefdom
Council Committee, the National Land Commission,
an officer of the Environment Protection Agency or
the National Protected Area Authority;
"bye-laws" mean rules adopted by communities to
govern their land and natural resources;
"Chiefdom Council Committee" means the Paramount
Chief, Chiefdom Speaker, Section Chiefs,Members
of Parliament, Ward Councillors and persons of note
drawn from the chiefdom in accordance with
customary law and tradition;
'Chiefdom Land Committee'' means the chiefdom land
committee established under section 49 of the
National Land Commission Act 2021;
"community" means any settlement of people in a
village, chiefdom, town or city;
"community land" means land that is owned or
managed by a community or is made available for
public use by a Chiefdom Council Committee or land
owners subject to customary law or the terms of the
grants subject to customary law and includes
cemetaries, playgrounds, market areas and sacred
sites;
"Community member'' means a male or female who is
ordinarily resident in a village, town or chiefdom -
including persons who were born in that community,
who have married into that community, and who have
moved to the community for other reasons;
Second Schedule :
Terms of a lease agreement
Any lease agreement signed between a community and an investor shall include
the following information
1. Parties to the contract. If the community is leasing shared lands, the name of
the entire community shall be the party to the contract, not specific leaders'
names; if a family or group of families is leasing the land, the contract should
have the name of the family and the name of the person/s signing on behalf of
the family as parties to the lease.
Description of the investment. A detailed, specific description of the investmentthat will be built within the land leased, including how the land will be used,
what infrastructure will be built to support the investment, what will be
produced, and how the goods produced will be transported out of the
community. This section shall also include the process the investor must
follow to seek community permission to build additional infrastructure not
expressly described in the contract.
Description of the land. A description of the land that will be used, includingthe precise area and the total number of acres or hectares of land that the
community has agreed to lease to the company. To ensure that this is clear,
the contract shall contain a map, and the global positioning system (GPS)
coordinates of the exact area of land leased. The investor shall erect markers
at the boundaries of the agreed land and not expand operations past the
agreed boundaries.
Expected use of natural resources. A description of what changes the companymay make to the natural landscape, what natural resources the investment
may use, and on what terms; and any rules the company must follow when
using or accessing natural resources located within the leased area.
Expected environmental impacts. A detailed description of any expected impactson the soil, water, air, and plant and animal species within the boundaries of
the leased land.
Payment of rent. Detailed description of what rental payments will be made,the timetable of when they will be paid, and how the payments will be delivered.
The contract shall include periodic adjustments for inflation
"community livelihood" means socio-economic
activities undertaken by community members to
provide for their everyday life, such as farming,
fishing or hunting etc;
"Customary land" means land owned, governed by or
administered under customary law in the provinces;
"Customary land pledge" means a transaction by
which family land or interest in family land which is
subject to customary law and the land transferred
by one person to another as security for a debt due
or owed;
"Customary land rights" mean the full range of primary
rights (the right to exclude, transfer, transact,
bequeath, manage and make decisions about the
land) and secondary rights (rights of way, access to
use natural resources, right to drive cattle, right to
obtain water from a river) to land under customary
law;
"Customary law" means any rule other than a rule of
general law having the force of law in any chiefdom
village or town in the provinces and by which rights
and duties are acquired or imposed in accordance
with natural justice and equity and in accordance
with the 1991 Constitution or any other law applying
to the provinces;
"District Land Commission" means the District Land
Commission established under section 35 of the
National Lands Commission Act 2022;
"District Registry" means the District Registry
established under section 67 of the National Lands
Commission Act 2022;
First Schedule
Terms on which additional land may be acquired
1. The investor should have used up all or substantially all the initial land
acquired for its business.
2. The investor should not be in breach of its lease agreement with the
communities or in breach of any of its licence conditions from the
Environment Protection Agency, the National Minerals Agency or any
other government regulator.
3. The investor shall draft and submit a business case for additional land
setting out the following:
(a) The reason/s for the additional land and the amount
of land required.
(b) The available funds to be invested in the additional
land.
(c) The likely impact of the additional acquisition on land
supply within the community or communities hosting
the investment.
(d) Timeframe for the utilisation of the additional land.
(e) Likely impact of the additional acquisition on the sources of water
across the communities.
(f) alternative methods of achieving its business aims without
additional acquisition of land.
4. The investor should provide evidence of initial discussion with
communities on the additional acquisition and "in principle" consent
from the community.
5. The investor should have been supporting a robust outgrower scheme within its area of operation.
6. The investor should undertake additional environ- mental, social and
health impact assessment in respect of the additional acquisition
"ecologically sensitive area means wetlands, wildlife
habitats, steep slope, virgin or old growth forest and
any other area designated as sensitive under
customary law;
"family" means a group of persons tracing descent
from a common ancestor on the paternal or maternal
side or persons who have married into the family;
"family land" means land vested in and owned by the
family as a unit under customary law and
administered by a family head;
"indefinite tenancy" means a grant of land for an
undefined period of time with or without an obligation
to pay rent;
"investment" means an enterprise or undertaking in
which the majority of minerals, crops or other
resources extracted are intended to be sold and used
outside the community in which the investment takes
place;
"lease agreement" means a grant of a specifically
defined area of land, in writing, for a term of years,
and contain an obligation to pay rent, signed by the
landowners as lessors and those renting the land as
lessees;
"long-term tenancy" means a grant of family land for a
permanent purpose such as construction of a
dwelling house or cultivation of permanent crops
with or without an obligation to pay rent for a period
not exceeding 50 years;
"National Lands Commission " means the National
Lands Commission established under section 2 of
the National Lands Commission Act 2022;
(9) A decision of a grievance mechanism shall be given
in writing and may be enforced by the Chiefdom Council.
(10) An aggrieved party may take a land dispute to any of
the dispute resolution mechanisms outlined under sub sections (1)
to (6) and in the event of any failure to obtain a settlement, he may
appeal to the Local Court.
PART X-MISCELLENEOUS PROVISIONS
45. Section 18 of the Chiefdom Council Act 1960 is repealed
and replaced by the following new section -
18. Subject to this Act, legal actions
may be instituted by and against
(a) the Chiefdom Council;
(b) any town or village
46. Section 34A of the Mines and Minerals Act 2009 is repealed
and replaced by the following new section -
34A. Rent payment shall be made directly to the
families or communities with rights to land witnessed
by the Paramount Chief, Member of Parliament and
Councillor of the Ward subject to mandatory tax
reduction.
47. The Minister may by Statutory Instruments make Rules
and Regulations to give effect to this Act.
48. Registration of leases under this Act shall continue in
accordance with the Registration of Instrument Act Cap 256 until the
institutions established under the National Land Commission Act
2022 are operational.
Amendments
of Section 18
of Cap 61.
Amendments
of Section
34A of Act
No. 12 of
Regulations.
Transitional
Provision.
"sacred site" means any place within, near or adjacent
to a community which, based on its customs and
practices, has a spiritual or special meaning or
significance for the inhabitants.
"seasonal tenancy" means a grant of land for one
farming season with or without an obligation to pay
rent for a short period ;
"short-term tenancy" means a grant of land for a
limited period of time such as for a farming season
or a period less than three years with or without an
obligation to pay rent;
"Town or Village Area Land Committee" means the
Town or village area land committee established
under section 56 of the National Land Commission
Act 2022.
2. This Act shall apply to any land that is subject to
customary law.
PART II-CUSTOMARY LAND RIGHTS AND NON -
DISCRIMINATION
3. Subject to this Act a citizen shall have the right to acquire
any land that is subject to customary law.
4. (1) A citizen shall not be refused the right to hold, use or
acquire land that is subject to customary law based on that citizen's
(a) gender;
(b) tribe;
(c) religion ;
(d) ethnicity;
(e) age;
Application
of Act
Right to
acquire Land
Elimination of
Discrimination
PART IX - GRIEVANCE REDRESS
44. (1) Land tenure disputes arising within the Community
may be referred to the Town or Village Area Land Committee or the
Chiefdom Land Committee for resolution in accordance with
customary law.
(2) The Village Area Land Committee and the chiefdom
Land Committee shall address dispute in accordance with their byelaws which shall comply with customary and national law.
(3) A party that is dissatisfied with the outcome of a tenure
dispute before a Town or Village Land Committee or a Chiefdom Land
Committee may appeal to the District Land Commission
(4) A party to a dispute before the District Land
Commission that is dissatisfied with the outcome may appeal to the
National Land Commission Headquarters in Freetown
(5) Where a community or family brings a complaint
against an investor before the Town or Village Area Land Committee
or the Chiefdom Land Committee, the investor shall cooperate with
these authorities until the complaint is resolved or withdrawn
(6) Complaints of a special nature such as environmental
or mining related shall be directed to the Environment Protection
Agency or the National Minerals Agency
(7) Where a complaint is before a particular grievance
mechanism for redress it shall not be enquired into by another
grievance mechanism at the same time unless the complaint is
withdrawn
(8) No adverse inference shall be drawn against a party
who withdraws a complaint from one grievance mechanism and files
the same complaint to another grievance mechanism
Land Tenure
Disputes.
(f) marital status;
(g) social status; or
(h) economic status
(2) In the implementation and enforcement of this Act,
the Government shall-
(a) guarantee and preserve all customary land
rights;
(b) guarantee that access to customary land by
way of transfer does not deny any citizen's
rights to land on the basis ofi. gender;
ii. ethnicity;
iii. tribe;
iv. religion;
v. age;
vi. marital status;
vii. social status;
viii. economic status
(c) ensure equity, transparency and
accountability in the allocation and
management of land rights;
(d) preserve and conserve land resources for
future generations;
(e) ensure the full protection of use rights and
right to commons without discrimination.
(c) approved by government through the
ministry.
(7) The full cost of displacement and resettlement shall
be borne by the investor, except in cases of natural disaster.
(8) Community members, particularly women and youth,
shall be consulted and meaningfully involved in the processes leading
to their displacement and resettlement
(9) The investor shall conduct a comprehensive socioeconomic baseline study in advance of any displacement and
resettlement and submit to Government and the community a
Resettlement Action plan for approval and action.
(10) Resettlement shall not result in the deterioration of
living conditions for the inhabitants of the community.
(11) No displacement shall take place unless adequate
mitigation measures to be undertaken by the investor have been
included in the Resettlement Action Plan and agreed with the
community, ensuring that anyone suffering economic losses is fully
compensated and livelihoods of affected people have been enhanced
or at least restored.
(12) No agreed displacement of affected persons shall
commence until the mitigation measures have been completed
including, payment of prompt and adequate compensation or delivery
of replacement housing or land acceptable to the affected people, of
comparable value and certified fit for habitation and use by both
Government and independent assessment.
(13) The investor shall provide a 5-year guarantee on all
structures built in the new location and shall make good any damage
arising from use of substandard materials or poor workmanship
(14) Displacement of a community shall not start until all
required structures have been constructed in the new location and
certified fit for habitation and use by both Government and
independent assessment
PART III -GENDER EQUALITY
5. (1) The right to own, hold, use, inherit, succeed to or deal
with land under customary law shall be guaranteed to women and
men equally.
(2) Any customary law that excludes, limits or inhibits
women from owning, holding, using, transferring, inheriting,
succeeding to or dealing with land subject to customary law shall be
void.
6. (1) Where a land subject to customary law is acquired by
persons who are married or who may be considered to be in a domestic
cohabitation relationship according to law, the land shall be registered
in the joint names of the spouses.
(2) Upon dissolution of a marriage or death of a spouse,
the surviving spouse in the case of-
(a) a disolution shall be entitled to a fair
disposition of any land acquired during the
marriage;
(b) death shall be entitled in accordance with the
law relating to devolution of estates.
7 . (1) Where any land subject to customary law is vested in
the family as a unit the right to act on behalf of the family in relation
to the land shall be guaranteed equally to both male and female adult
members of that family.
(2) Any customary law that excludes, limits or inhibits
men and women from acting on behalf of their family in relation to
land holding solely on the basis of their gender shall be void.
Gender
equality
Joint ownership
Family
ownership
PART VIII- INVESTMENT INDUCED DISPLACEMENTAND
RESETTLEMENT
43. (1) Land investment under customary law shall be
designed to avoid the displacement and resettlement of a community
in whole or part.
(2) Where displacement and resettlement are unavoidable
the investor shall show through studies, scenarios or other means
the reasons why displacement and resettlement are unavoidable.
(3) In addition to the information required by section 28,
an investor whose operation is likely to lead to displacement and
resettlement in the short, medium or long term, shall provide that
information, including preliminary studies or assessments, to the
family or community whose land is being sought.
(4) An investor who fails to disclose the likelihood of
displacement and resettlement before the start of negotiations, shall
only be allowed to undertake any displacement and resettlement
during the lifespan of the investment if there is real and present
danger to the life and livelihood of the community.
(5) Any attempt to contravene subsection (4) shall
constitute a breach of this provision as well as a fundamental breach
of the lease agreement signed with the land-owning communities
and families.
(6) No investment-induced displacement and resettlement
of a community shall be undertaken unless
(a) there is compelling need for it;
(b) the investor obtains the free, prior and
informed consent of the adult male and
female members of the affected community ;
Displacement
Resettlement
37. (1) Government agencies may set minimum rates per
sector for leasing of land for specific purposes.
(2) The minimum rates referred to under sub section (1)
shall be reviewed at least every 5 years.
38. An investor shall not infringe on the rights or interests of
lawful occupiers of land and shall pay the lawful occupier of land
prompt and adequate compensation for any disturbance of their rights
or interests.
39. Where a land leased to an investor contains crops the
investor shall compensate the owner for loss of his crops in
accordance with rates set by the relevant government agency or the
market value.
40. Communities or families may undertake or commission an
independent survey to determine the size of the land to be leased
41. (1) A community or family receiving land lease rent shall
set up or designate a bank account for the rent payment.
(2) Signatories to the bank account referred to under sub
section (1) shall be-
(a) accountable to the members of the family or
community, and
(b) liable for any misuse of the funds.
42. (1) Demarcation and survey of land for investment shall
be done with the full participation of the families or communities
whose land is to be the lease.
(2) Demarcation and survey result may be independently
verified by families or communities.
Bank account
Independent
Survey.
Minimum
rates.
Compensation
for
disturbance
of rights.
compensation
for loss of
crops.
Demarcation
(3) Where family land is to be bequeathed or sub-divided
among the family, both male and female members of the family shall
be treated equally and enjoy the same rights.
(4) The surviving spouse of a deceased member of a
land owning family shall be entitled to live on and enjoy the benefits
from the deceased person's family land unless the surviving spouse
remarries outside the family
8. (1) Both male and female adult members of a community
shall have equal opportunities to appointment for membership to
land committees in the provinces
(2) At least 30% of each land committee shall be women.
(3) A land committee shall ensure adequate protection of
and respect for the rights of women
PART IV- CHIEFDOM COUNCIL COMMITTEE AND FAMILY
LAND TITLE
9. The Chiefdom Council, through the Chiefdom, Town or
Village area land committees shall have oversight responsibility over
land in the respective chiefdoms in the provinces
10. (1) Title to family land in the provinces shall be vested in
the family as a unit.
(2) Both male and female members of a land owning family
shall be entitled to the same rights and privileges in respect of the
family's land holding irrespective of their gender, domicile, marital or
other status
(3) Family land shall be managed and administered in a
sustainable manner taking into consideration the rights and interests
of the future generations of the family.
(4) Any person acting as head and on behalf of a land
owning family shall-
Chiefdom
Council
Committee.
Family land
title.
Membership
o f
Committees.
(a) not unilaterally make any decision relating to
the land and particularly decisions relating to
lease, assignment or grant of land;
(b) be accountable to both male and female
members of the family for all actions taken in
respect of the family's land holding
11. (1) Where the head of a land owning family wishes to
enter into any land transaction under customary law, he shall seek
the written informed consent of at least 60% of the male and female
adult members of the family before entering into any land transaction.
(2) The document containing the written informed
consent of the required number of family members shall be signed or
thumb printed by the family members that consented to the transaction
or accompanied by some other evidence of consent.
(3) Where the required number of family members have
consented to the land transaction the family members may set up a
negotiating committee to negotiate the land transaction.
(4) The negotiating committee referred to under sub
section (3) shall comprise-
(a) the head of the family; and
(b) a fair representation of male and female adult
members of the family.
(5) The head of the family shall present to the prospective
lessee or buyer a copy of the document containing the collective
consent of the family members
12. (1) After receipt of the required documents referred to
under subsection (5) of section 11, the contracting parties shall
present the document to the Chiefdom Council Committee for
certification.
Collective
consent of
family
members.
Certification
registration.
(a) a copy of the minutes referred to under
subsection (1), the lease agreement and any
other required documents to the authorised
officer of the Chiefdom Council for
certification.
(b) the certified copy of the minutes, certified lease
agreement and any other required documents
referred to under paragraph (a) to an
authorised officer of the District Land
Commission for registration.
33. In addition to the terms that may be agreed between the
investor and land-owning families or communities, the terms
contained in the Second Schedule shall form part of any lease
agreement
34. All gender, environmental, social and health conditions
contained in licences obtained from a government agency or
conditions to which an investor has committed to as part of its
commitment to its shareholders or investors shall automatically be
incorporated into any lease agreement between investors and
communities or families.
35. (1) Where at the start of any land negotation it is noted
that the land is not registered at the District Land Commission in
accordance with the National Land Commission Act 2022 the
negotiations shall be suspended until the land is registered.
(2) The negotiation for the land referred to under Subsection (1) shall proceed after registeration of the land at the District
Land Commission.
36. A community whose common resources or interests may
be affected by transactions between land-owning families and
investors shall be provided with an equivelant or better alternative
source of that common resources by the investor.
Land to be
registered
before
negotiations.
Conditions in
a lease
agreement.
Terms of a
lease.
Common
Resources.
(2) The Paramount Chief or his representative certifying
the documents referred to under sub section (1) shall effect the
following on the documents-
(a) the date of the certification;
(b) stamp of the Chiefdom Council Committee;
(c) signature or thumprint of the certifier.
(3) After going through the certification process the
prospective lessee or buyer shall present the documents certified by
the Chiefdom Council to the District Registary for registration.
PART V - COMMUNITY LAND
13. (1) Title to communal land where it exists under customary
law in towns or villages shall be vested in the community as a whole
and shall be managed and administered by the Town or Village Area
Land Committee on behalf of the community.
(2) The Town or Village Area Land Committee shall adopt
rules to ensure the sustainable and equitable use of the communal
land
14. (1) Title to communal land where it exists under customary
law in a chiefdom shall be vested in the community as a whole and
shall be managed and administered by the Chiefdom Land Committee
on behalf of the community.
(2) The chiefdom shall adopt rules to ensure the
sustainable and equitable use of the land.
(3) Subject to the rules of the community, all members of
a community shall have access to use community land.
Communal
land In a town
or village
Communal
land in the
chiefdom
28. No investment shall take place on any land subject to
customary law unless the investor obtains the written free, prior and
informed consent of at least 60 % of the male and female adult members
of the family or a fair representation of the community with rights to
the land.
29. An investor shall provide to concerned communities the
following relevant information relating to the investment before the
start of negotiation to acquire the land -
(a) the nature, scope, risks and opportunities
of the investment;
(b) business plan;
(c) approval obtained from the government; and
(d) any other relevant information.
30. The Government may support communities with access to
legal and other professional assiatance during land negotiation for
any land investment.
31. An investor shall sign a lease agreement with the family or
community members on whose land the investment will take place,
before the start of the investment.
32. (1) Acquisition of community land for investment shall
not be valid unless the investor obtains the written informed consent
of a fair representation of the male and female adult members of the
community during a community meeting on the investment as referred
to under section 28.
(2) Minutes of the meeting referred to under subsection
(1) shall contain a record of the decision of both the male and female
members of the community .
(3) An investor wishing to register his lease agreement
shall present-
Informed
Consent.
Information
t o
Communities.
Legal
Assistance.
Lease
Agreements.
Community
meeting for
written
informed
consent.
15. (1) A family that owns land may grant seasonal, indefinite,
short term, long term or any type of tenancy recognised under
customary law.
(2) The tenancy agreement for a family land under
subsection (1) shall be in the format as set out in the Third Schedule.
(3) A long-term tenancy for commercial purposes shall
not exceed 50 years and shall have an option for renewal for a term
not exceeding 21 years.
(4) The lease rent for a long term tenancy shall be revised
every 5 years in line with the rate of inflation.
(5) An indefinite tenancy shall not be used to secure any
investment on any community land.
(6) Relevant Government Institution shall work with the
Chiefdom Council Committee, Chiefdom Land Committee and Town
or Village Area Land Committee to facilitate the aqusition of land for
investment.
16. (1) Subject to this Act, family land that is to be pledged
out to other persons shall be registered before the land is pledged.
(2) The format of a pledge shall be in the form as set out
in the Fourth Schedule
17. (1) Community town, or village land that falls under the
category of public land shall be administered by the Town or Village
Area Land Committee on behalf of the community
(2) All the benefits of communal land and its resources
shall belong to the community
18. The land and natural resources of a town or village shall
be managed and administered by the Chiefdom Council Committee
until the town or village establishes its land committee.
Pledge.
Public land.
Land
committee
n ot
established.
Tenancy
under
customary
law.
26. (1) A non-citizen or foreign company shall not acquire a
lease hold interest in land subject to customary law for a period
exceeding 50 years.
(2) At least 10% of the shares in any foreign land based
investment operating in Sierra Leone shall be reserved for Sierra
Leoneans.
(3) Priority for the 10% share referred to under sub section
(2) shall be given to land owners in the project community.
27. (1) The maximum size of land that an investor may acquire
initially for any single investment shall be 15,000 hectares for
agriculture and 10,000 hectares for mines.
(2) For other types of investments, excluding agriculture
or mining the maximun size of land an investor may acquire initally for
any single investment shall be 5,000 hectares.
(3) An investor may acquire additional land in accordance
with conditions set out in the First Schedule.
(4) Citizens or companies owned or controlled by citizens
acquiring land for large-scale investment shall be given priority in
relation to other investors and may be given favourable contractual
terms to encourage the growth of their investment, including minimum
or below minimum rent, deferment of rent or other financial obligations
or conversion of rent payment into shares in the investment.
(5) Where an investor within 5 years fails to utilize or fully
utilize the acquired land for the purpose for which it was acquired,
the unutilized land shall automatically revert to the land owners.
(6) During the process of leasing land to an investor the
parties to the lease and the relevant Government Institutions shall
ensure that communities do not suffer land stress as a result of the
leasehold.
(7) Where a leased land is not under active cultivation or
utilization the lessee shall allow aminals of community members to
graze on the land or utilize the Land for farming subject to the use not
adversely affecting the business of the leasee.
Leasehold
not to Exceed
50 years.
Maximum
land for
investment.
19. Bye laws adopted by the Chiefdom Land Committee shall
apply to all villages under the Chiefdom that have not adopted their
own bye laws.
Part VI - Protected, Conserved or Ecologically Sensitive Areas
20. Authorised officers shall ensure that wetlands, wildlife
habitats, steep slopes, old growth, virgin forests or any other
ecologically sensitive areas in the provinces are protected from
degradation.
21. Authorised officers shall ensure that no mining, plantation,
farming, housing or any other development activity takes place on,
within, near or adjacent to any-
(a) wetland;
(b) wildlife habitat;
(c) steep slope;
(d) old growth or virgin forests;
(e) other ecologically sensitive areas
22. (1) A person who is found guilty of causing harm to
ecologically sensitive areas shall in addition to the applicable
sanctions, be fully responsible for reversing the harm and restoring
the ecologically sensitive areas to their original state.
(2) Customary rules and practices that promote
protection and conservation of ecologically sensitive areas shall be
adopted and enforced by Chiefdom Councils and communities .
(3) Ecologically sensitive areas may be co-managed by
the communities in which they are located, the Chiefdom Council
Committee and the responsible government agency.
Degradation.
Prohibited
activities.
Ecologically
Sensitive
Areas.
23. Bye laws.
(1) Subject to this Act a community whose land is within,
near or adjacent to natural resources such as forests grazing lands,
rivers and swamps and which has traditionally and historically relied
on such natural resources for their livelihood , spiritual or religious
purposes, shall be entitled to use the resources for those purposes.
(2) Use by communities of the natural resources refered
to under subsection (1) may be restricted or terminated by the
government in collaboration with the Chiefdom Council where there
is a danger of depletion of such resources.
(3) The government shall implement alternative
arrangements to cushion the effect of the restriction or termination of
use on the communities.
(4) A Town or Village Area Land Committee and Chiefdom
Land Committees shall adopt and enforce rules for the sustainable
use of such resources including rules governing or outlawing
extraction of natural resources, such as cutting timber or mining sand,
for use outside the community.
Part VII - Customary Land Rights and Responsible Investment
24. An investor wishing to invest on any land subject to
customary law shall comply with processes and procedures set out
in this Act and procedures set out by the body responsible for national
investment.
25. Investment shall not be carried out in areas designated as
protected except in compliance with -
(a) The National Protected Area Authority Act
2022.
(b) The Environment Protection Act 2022; and
(c) Laws relating to marine protection and
protected areas
Land adjacent
to natural
resources.
Compliance
with
Procedures.
Protected
Areas.
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