Section 108, The Mines and Minerals Act, 2009

(1) Subject to this Act, no person other than the holderof an exploration licence shall be granted a large-scale mining licence in respect of land which constitutes the exploration licence area or part of which falls within the exploration licence area. (2) Where at the commencement of this Act, there is more than one prospecting licence subsisting wholly or partly over the same area of land, no large-scale mining licence shall be granted to the holder of any such prospecting licence over that area of land unless– (a) every holder of such prospecting licence (other than the applicant) consents in writing to the grant of the large-scale mining licence; (b) the Minister on the advice of the Minerals Advisory Board is satisfied- (i) that the rights of the holder of any prospecting licence would not be substantially prejudiced by the grant of the large-scale mining licence; or (ii) that the public interest requires that the large-scale mining licence be granted. for large-scale (3) No large-scale mining licence shall be granted to an applicant unless- (a) a programme of proposed development and mining operations is submitted and approved by the Director and is accompanied by an environmental impact assessment licence as may be required by the Minister under subsection (2) of section 131; (b) the area of land over which the licence is sought is not in excess of the area reasonably required to carry out the programme of mining operations and does not exceed the area allowable under an exploration licence; (c) the applicant has adequate financial resources, technical competence and experience to carry on effective mining (d) the application includes a programme for employment and training of citizens of Sierra (e) the application includes proposals with respect to the procurement of goods and services obtainable within Sierra Leone; (f) the application contains proposals for insurance including life and health insurance cover for its employees; (g) the application is able and willing to comply with the terms and conditions applicable to the large-scale mining licence; and (h) the applicant is not in material default of any of the provisions of this Act. 84 85 Notice of decision on for large-scale (4) The Minister shall not refuse to grant a large-scale mining licence on any ground referred to in subsection (3) unless he has– (a) given to the applicant, notice of his intention not to grant the large-scale mining licence giving full particulars of the ground for refusal; or (b) specified in the notice a date before which the applicant may make appropriate proposals to remove the ground for refusal, and the applicant has not, after that date made any such proposals.