Section 2: In this Ordinance, unless the context otherwise requires-

" alluvial " means and includes all forms of mineralised deposits other than carbonaceous which do not fall within the definition of lodes; " Court " means any duly constituted court other than a court of the native chiefs; " Chief Inspector of Mines " means any officer appointed by the Governor to be the Chief Inspector of Mines, or any officer appointed by the Governor to perform any act or duty or to exercise any power or authority which by this Ordinance may be done by or is imposed upon or may be exercised by the Chief Inspector of Mines; "District Commissioner" in relation to the Freetown Police District means the Chief Inspector of Mines; In terpretation. " Forest Officer " means any officer appointed by the Governor under section 3 of the Forestry Ordinance; Cap. 189. . " holder " of a prospecting right or exclusive prospecting hcence or mining right means the person to whom such right or licence was granted in the first instance, and in the case of ~n exclusive prospecting licence or right or mining right mcludes a person in whom such licence or a part of the rights thereunder has become vested by transfer, assignment or otherwise·' • "lessee" of a mining lease includes all persons having any right or interest in or under a mining lease, whether by transfer, assignment or otherwise; " lode " means and includes all true fissure veins, contact veins, segregated veins, bedded veins, metalliferous bankets, stockworks, bankets, such irregular deposits as conform generically to the above classification, and beds of any mineral such as beds of iron-stone; " mine " and " mining " mean any operations for winning or obtaining minerals; " minerals " means and includes the following as classed hereunder (a), (b), (c), (d) and (e)- (a) metalliferous minerals, including antimony, arsenic, bismuth, copper, cobalt, chromium, cadmium, iron, lead, manganese, mercury, molybdenum, nickel, tin, tungsten, uranium, zinc, and all others of a similar nature to any of them, and all ores containing them and combinations of any of them with each other or with any other substance, excepting only those that occur in the form of precious minerals; (b) carbonaceous minerals, including graphite, coal in all its varieties, and all substances of a similar nature to any of them; (c) earthy minerals, including asbestos, barytes, bauxite, china clay, fuller's earth, gypsum, marble, mica, nitrates, phosphates, pipe-clay, potash, salt, slate, soda, sulphur, talc, and all other substances of a similar nature to any of them: Provided that, save for the purposes of sections 80, 81, 83 and 84, and of rule 49 of the General Minerals Rules, and of any Rules which have been or may be introduced to effect safety in mines, there shall not be included therein such earthy minerals as the Governor in Council may by order declare not to be minerals for the purposes of this Ordinance; (d) precious minerals mean and include- (i) precious stones, namely, amber, amethyst, beryl, eat's eye, chrysolite, diamond, emerald, garnet, opal, ruby, sapphire, turquoise, and all other substances of a similar nature to any of them; and * See the Minerals (Safe Mining) Rules. (ii) precious metals, namely, gold, silver, platinum, iridium, osmium, palladium, ruthenium, rhodium, or ores containing any of these metals, provided that argentiferous lead ores containing not more than four ounces of silver per ton shall be excluded from the scope of this definition; (e) radio-active minerals, namely minerals, raw and 9 of 1958. treated (including residues and tailings) which contain by weight at least 0.05 per cent of the element uranium, or of the element thorium, or any combination thereof. " Mines Department " means a department, bearing that or any other name, which may at any time after the commencement of this Ordinance be created for the purpose of the administration of this Ordinance, or to which the administration of this Ordinance may be assigned; " mining concession " means any writing whereby any right, interest or property in or over land with respect to minerals was granted before the first day of January, 1929, by the Tribal Authority of the Marampa Chiefdom in the Protectorate to the African and Eastern Trade Corporation, Limited; "open-cast" means any uncovered excavation which has been made from surface for the purpose of winning minerals; " owner " in relation to land includes a lessee, and in relation to land or other property of a native community, means the chief or headman of the community, provided that when any payment shall be required to be made under this Ordinance to such owner the Governor may direct either that the payment be made to such chief or headman to be disposed of by him in accordance with native law or custom, or that the payment shall be made into some fund specified by the Governor to be utilised for the benefit of the native community; " prospect " and " prospecting " mean to search for minerals, and include such working as is reasonably necessary to enable the prospector to test the mineral bearing qualities of the land; " shaft " and " pit " mean any vertical or inclined tunnel other than a stope or winze which is or might be used for winding, travelling, draining or ventilating purposes in connection with prospecting or mining operations; " t~ibuter " means a person who directly or indirectly is permitted to win minerals receiving in return for the minerals Control of minerals, mineral oils and water declared to reside in the Crown. Prohibition of or mining without authority. Prohibition of underground mining except under licence. Saving as to the taking of cert.ain minerals by natives. so won remuneration paid directly or indirectly by the person who permitted him to win the minerals; "watercourse" means any channel, whether natural or artificial, which confines or restricts the flow of water. GENERAL PROVISIONS. 3. {l) The entire property in and control of all minerals, and mineral oils, in, under or upon any lands in Sierra Leone, and of all rivers, streams and watercourses throughout Sierra Leone, is hereby declared to reside in the Crown, save in so far as such control may in any case have been limited by any express grant made by the Crown before the commencement of this Ordinance. (2) Except as in this Ordinance provided no persons shall prospect or mine on any lands in Sierra Leone, or divert or impound water for the purpose of mining operations. {3) Any person contravening the provisions of the last preceding sub-section shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding one labour, for a period not exceeding twelve months, or to both such fine and imprisonment, and the Court before which such person is convicted may order the forfeiture of all minerals obtained by such person or if such minerals cannot be forfeited, of such a sum as the Court shall assess as the value of such minerals. Any minerals so forfeited shall be sold or otherwise disposed of as the Governor rna y direct and the proceeds from the sale of any such mineral shall be paid into general revenue.