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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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