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Law library · Sierra Leone · Cap 196

Section 11, Cap 196

Status not yet checkedCap 196, Sierra Leone

(1) Prospecting rights may be issued by the Chief Inspector of Mines subject to the following conditions and to such other conditions as may be prescribed. (2) A prospecting right shall not be granted- (a) to any person who is unable to prove to the satisfaction of the Chief Inspector of Mines that he is able to read and understand this Ordinance to such an extent as to enable him to obtain a reasonable degree of guidance from it and that he or the person on behalf of whom the application is made has, if the application is restricted to alluvial mining, worked at alluvial mining for a period of six months, and, if the application is for an unrestricted right to prospect, possesses adequate mining experience or qualifications in mining; (b) to any person who is under twenty-one years of age; (c) except with the consent of the Governor to any person who or whose present employer has been convicted of an offence under this Ordinance or who or whose present employer has previously held any right, licence or lease granted under this Ordinance which has been forfeited by reason of a breach of the terms or conditions of the same : Provided that if such consent has once been given after such conviction or forfeiture, and no subsequent conviction or forfeiture has ensued, it shall not be necessary in respect of any subsequent application; (d) to any person who is unable to prove to the reasonable satisfactjon of the Chief Inspector of Mines that he possesses sufficient 1noney or credit to enable him to pay any expenses which might be incurred by prospecting to the satisfaction of the Chief Inspector of Mines and any compensation which Illay be payable by him in the exercise of the rights conferred by a prospecting right; (e) to any person as agent or employee of more than one person; (f) to any person who to the reasonable satisfaction of the Chief Inspector of Mines is not a fit and proper person to be granted a prospecting right: Provided that there shall be no other limit to the number of prospecting rights that any one person may hold at one time: Provided further that for the purposes of this paragraph a partnership shall be regarded as one person. (3) Any person aggrieved by the refusal of the Chief Inspector of Mines to grant him a prospecting right may appeal to the Governor whose decision thereon shall be final. (4) A prospecting right granted to a person in the employ of another person and paid for by the employer shall, on request being made by the employer, be granted subject to the condition that the right shall forthwith expire on the holder leaving the service of such employer. Such condition shall be endorsed on the prospecting right, and in every such case the employer and holder of the right shall be jointly and severally liable for the payment of any moneys which the holder of the prospecting right may be required to make under this Ordinance. (5) Subject to the provisions of the last preceding sub-section a prospecting right shall remain in force for one year from the date thereof. (6) A prospecting right shall not be transferable, (7) A prospecting right may be issued restricting it to specified administrative districts, to specified minerals or to a specified class of or classes of mining. (8) A prospecting right shall be produced whenever demanded by the owner or occupier of any land on which the holder thereof is prospecting.

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