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Section 76, Cap 196

Status not yet checkedCap 196, Sierra Leone

( l) Whenever any land in respect of which a mining lesseeis paying surface rent under section 35 is required by the Government for any public purpose, the Governor shall give notice to the mining lessee who shall remove therefrom any buildings, plant or other property of the lessee. In any such case the mining lessee shall be entitled to receive from the Government compensation for any interference with ways, works, building and plant belonging to the lessee on such land, but not for interference with his mining rights. The compensation payable to a mining lessee under this section shall, if not agreed between the parties, be determined by arbitration. (2) Subject to the provisions of the preceding sub-section, a lessee of a mining lease, the holder of a prospecting right or of an exclusive prospecting licence, or of a mining right shall not be entitled to any compensation from the Government when prevented from the exercise of any right on the land the subject of a mining lease or prospecting right or licence or mining right, by reason of the land being required for a public purpose. (3) The grant of any lease, right or licence under this Ordinance shall not prevent the Governor from- (a) granting any other lease or licence (not being a mining lease or mining right or exclusive prospecting licence) to any other person in respect of the whole or any portion of the area the subject of a mining lease or right or prospecting licence: Provided that in the case of lands which are the subject of a mining lease or mining right or of an exclusive prospecting licence, any person to whom any other lease or licence is subsequently granted shall not be entitled to receive any compensation from the Government for any disturbance of any rights under such lease or licence by reason of the exercise by the mining lessee or holder of the mining right or prospecting licence of any right conferred by such lease, right or licence; (b) taking from the land the subject of the lease, right or licence any materials required for the construction of railways, roads, buildings or other public works; (c) using or authorising the use of any road constructed on the area covered by the grant: Provided that the Governor may, before authorising the use of any such road for vehicular traffic by persons other than Government officers or servants, require any person desiring to use the road for such purpose to pay to the person who shall have constructed the same such sum as the Governor may consider to be a fair contribution to the cost of construction.

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