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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