Section 17, The Tonkolili Agreement Ordinance

(a) Notwithstanding anything in the Minerals Ordinance or Mineral Rules contained the Government during the periods of the First and Second Licences and the Permanent Lease shall not grant to any person firm or company other than the Company in respect of the areas covered by the First andfor Second Licences and/or any mining right or lease or the Permanent Lease granted to the Company under or in pursuance of this Agreement- (I) Any prospecting right or exclusive prospecting licence or mining lease or any similar prospecting drilling or mining permit or lease for minerals oils or for any minerals or metals. (2) Any lease of Crown lands. (3) Any water right or provisional water right for the conveyance of water from any river stream watercourse or source within the said areas to any point outside of such areas without the consent of the *Now sections 20, 27 and 38. t Now Rules 29 and 30. Company first obtained and subject to such reasonable conditions as the Company may require. (4) Any right for the use of or diversion of water within the said areas for the generation of electricity. (5) Any other lease or licence as to the use of the land within the said areas of the nature contemplated in Section 5i (3) (a) of the * Minerals Ordinance save with the consent of the Company such consent not to be unreasonably withheld. (6) Authority to use for vehicular traffic other than Government traffic any road constructed by the Company within the said areas Provided that nothing in this sub-clause contained shall apply to such roads as may have been constructed along the line of existing bush tracks or similar rights of way (herein called " public roads "). (b) The Government shall use its best endeavours to discourage or prevent the grant of any concession contemplated by the Concessions Ordinance which would or might hamper or restrict the operations of the Company or prove an inconvenience to the Company in the due exercise of its rights under the First or Second Licences or the Permanent Lease. (c) (1) The Company may at any time or from time to time close block let down by mining trench or otherwise temporarily or permanently prevent or prohibit the use of any road or roads other than a public road within the delimited areas or demised areas. (2) The Company may close block let down by mining trench or otherwise temporarily or permanently prevent or prohibit the use of public roads within the said areas upon giving reasonable notice thereof and on providing suitable alternative roads or routes. (3) Save in respect of such public roads the Company shall not be obliged to pay compensation to the Government or to any person in respect of any such temporary or permanent interruption of traffic on any such road or to provide any alternative road in lieu of any such road so closed by the Company. (4) Save for the said roads constructed along the line of existing bush tracks or similar rights of way any road constructed within the said areas by the Company shall not be deemed for the purposes of Sections 7 (l) (i) (b) and 33 of the Minerals Ordinance to be a public road. t (5) The Company may in regard to any road or roads other than public roads give notice by advertisement in Sierra Leone andjor by letter to prospective or possible users of the road that it will not be responsible for any act matter or thing which may happen in or upon such road and that persons using the said road do so at their own risk and thereafter the Company shall not be liable in any case where such notice shall have been given Provided that such exemption from liability shall only exist in the case of any road where the Company has further given reasonable warning (a) by notices placed at the points where the said road joins with or intersects any public road or main bush track stating that the said road is a private road and (b) by flags placed on the said road to mark its entry into any danger zone created by the Company's mining or blasting operations. *Now section 76 (3) (a). t Now sections 8 (I) (i) (b) and 36. 2llfj 2ll6 Cap. 202] Tonkolili Agreement (1937)