Law library · Sierra Leone · Oil Agreement (1979)(Ratification) Act, 1982
Section 8: GENERAL RIGHTS OF THE COMPANIES
Status not yet checkedOil Agreement (1979)(Ratification) Act, 1982, Sierra Leone
(i) Subject to the strict observance of the provisions of this Agree
ment, the Companies shall have full and effective control of
all operations.
(i) The Companies have exclusive right to explore, search and
drill for and produce petroleum within the Mining Area by
any methods that they consider appropriate in compliance with
good oil field practice; to convey the petroleum produced to
any point as necessary for use, treatment, storage, or export or
sales for use or consumption outside of Sierra Leone, to
store it wherever needed; and to deliver it to any transportation
facilities for export.
(ii) In addition to the other rights granted them by this Agreement
and the Mining (Mineral Oil) Act and Regulations and other
applicable laws of Sierra Leone, the Companies shall have the
following rights:
(iv) Rights incidental to mining operations as follows
(a) To create all facilities for exploring for end producing
petroleum;
(b) to drill wells, pits, shafts and make vxcavations;
(c) to make dams, drains and water-courses;
(d) toreclaim land and create islands;
(e)toconstruct tanks, reservoirs and other storage facilities;
No. 2 Exploration, Mining and Processing of Mineral 1982 11
() to construct gas-oil separators, topping plants, cassing
head gasoline plants and sulphur planis;
()to create power-lines and telegraph, telephone, radio a d
other communication facilities;
(h) to provide pipclines, pumping stations, power hóuses, and
power stations;
build ofices,factories, warehouses and other buildings:
)to create ports, docks, harbours, piers, jetties, dredgings,
breakwaters, submarine loading line and terminal faci
lities;
(k) to makerailways, roads, bridges, ferries, airways, airports
and other transport facilities;
() to administer and maintain allthe above facilities.
The reclaiming of land, the creation of islands and the construction
of any railway lines, ports, telephone, telegraph and radio services,
power and aviation facilities shall require the prior consent of the
Government which shall not be unreasonably withheld or delayed.
In cases where the conduct of Authorised Operations necessi
tates the use of land belonging to the State, such land shall upon
application by the Companies be placed at its disposal in consideration
of a surface rent to be fixed by the Government, but not exceeding
the surface rent or similar land in the vicinity of the Exploration or
Mining Area. Easements, rights of way, the right to construct vads,
railways, pipe-lines and the like where the State land is concerned
shall be granted to the Companies as necessary, in the same manner.
The Government shall have the right to refuse the Companies appli
cation for any land which comprises historical or religious sites or
which is deemed unsuitable for Petroleum Operations for sa ety and
security reasons.
Where the conduct of Authorised Operations involves the use of
land which is privately owned, or the acquisition of easements, rights
of way and the like over privately-owned land, the Companies shall
negotiate with the owner for the acquisition of the ttle desired, either
by purchase or lease.
If the owner refuses to sell or lease the land or to grant the
casement, or if he demands unreasonable terms, the Companies may
apply to the Government to intervene on its behalf and to ensure
that such land is placed at its disposal, or that the casement required
is granted on reasonable terms.
Any relinquishment of parts of the Authorised Area effected
in accordance with the provisions of this Agroement shall not affect
the Companies' access rights acquired over land so relinqu shed.
12 No. 2 Exploratio1, Mining and Processing Mineral 1982
The Companies may, for the purpose of conducting Authorised
Operations, and subject to any third party rights, use any water
found on land which it shall have acquired hereunder or on unutilized
State land; it may likewise, subject to third party rights, cut timber
and take building materials from such land, and may clear parts from
a forest existing thereon. However, when land has been rented from
a private owner, the exercise of such rights shall depend on the
owner's consent.
The Companies shall acquire title to its share of all of the Petro
leum which it shall find in accordance with the provisions of this
Agreement.
The Companies shall have the right to export the Petroleum
produced by it without being subject to any export taxes, duties or
other charges. It shall be free to decide with whom to contract for
the shipment of its cargoes of Petroleum, and also whether and with
whom cargoes shall be insured.
However, the Companies shall give preferential consideration to
the transportation of its cargoes by vessels belonging to Sierra Leone,
provided such means of transportation are available on reasonable
and competitive conditions.
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