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Section 32, The Mines and Minerals Act, 2009

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

(1) The holder of a mineral right shall not exercise any ofhis rights, under the mineral right- (a) in respect of any land dedicated or set apart for any public purpose other than mining including any street, road, highway, or aerodrome except with the written consent of the responsible Minister or other authority having control over such land; (b) except with the written consent of the owner or lawful occupier or his duly authorised agent, in respect of- (i) any land dedicated as a place of burial or which is a place of religious or other cultural significance; (ii) any land which is the site of, or which is within two hundred metres or such greater distance as may be prescribed, of any inhabited, occupied or temporarily unoccupied house or building; (iii) any land which is within fifty metres or such greater distance as may be prescribed, of land which has been cleared or ploughed or otherwise bona fide prepared for the growing of, or upon which there are agricultural crops; or (iv) any land which is the site of, or within one hundred metres or such greater distance as may be prescribed, any cattle dip, tank, dam, or other body of water, but where any consent so required is, in the opinion of the Minister, being unreasonably withheld, the Minister may, on such conditions, if any, as he may impose, direct in writing that the need for the consent under this paragraph shall be dispensed with and authorise the holder of the mineral right to exercise all or any of his rights under it; (c) in respect of any land reserved for the purpose of any railway, highway or waterway or which is within fifty metres or such greater distance as may be prescribed, of the boundaries of any land so reserved, except with the written consent of the responsible railway, highway or waterway authority; and (d) in respect of any land within any township, or within two hundred metres or such greater distance as may be prescribed, of the boundaries of any township, except with the written consent of the local authority having control over the township. (2) Any consent by the Minister under paragraph (a) of subsection (1) may be given unconditionally or subject to such conditions as may be specified in the instrument of consent.

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