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Section 137, The Mines and Minerals Act, 2009

Status not yet checkedThe Mines and Minerals Act, 2009, Sierra Leone

(1) Where a mineral right over any land is wholly orpartly determined or cancelled, or expires, the Minister may by notice served on the person who is or was the last holder of the mineral right, direct him to take such steps within such time as may be specified in the notice, to give effect, in relation to the land which is no longersubject to the mineral right, to any conditions included in the mineral right. (2) Any person to whom a direction is given under subsection (1) who, without reasonable excuse, fails or neglects to comply with the direction commits an offence and is liable on convictionin leones, or to imprisonment for a term of two years, or to both; or less than thirty thousand dollars or its (3) If a person to whom a direction is given under subsection (1) does not comply with the direction, the Minister may cause to be taken any steps specified in the notice containing the direction. (4) Costs and expenses incurred pursuant to subsection (3) in taking any steps referred to in that subsection are a debt due to the Republic and are recoverable in a court of competent jurisdiction. (5) In any proceedings instituted for the recovery from a Direction to comply with conditions of rights for protection of the environment. 104 105 person to whom a direction was given under subsection (1) of a debt due by that person to the Republic under subsection (4), a certificate of the Minister that a specified amount is the amount of the debt due shall be admissible as evidence of that fact; but without prejudice to the right to adduce evidence in rebuttal. (6) A debt due by any person to the Republic under subsection (4) is recoverable notwithstanding that person is convicted of an offence under subsection (2). (7) Where two or more persons constitute, or constituted, the holder of a mineral right, those persons are jointly and severally liable for the payment of any costs and expenses which may be recovered under this section from the person who is or was the last holder of the mineral right, but without prejudice to any right to contribution existing between them. PART XVI–COMMUNITY DEVELOPMENT

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