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Preamble, The Customary Land Rights Act, 2022
Status not yet checkedThe Customary Land Rights Act, 2022, Sierra Leone
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
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