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Section 54, The Mines and Minerals Act, 2009

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

(1) Where the holder of a mineral right intends to ceaseoperations either during the period of or on termination of his mineral right, he shall, not less than ninety calendar days or such other period as the Director may allow before such cessation or termination, furnish to the Director, a full register of assets showing those assets which he intends to remove and those which he intends to leave in the area covered by the mineral right, and shall further notify the Director of any potentially hazardous substances, erections or excavations in that area. (2) On receipt of a notice in terms of subsection (1), the Director may, if he deems it necessary- (a) certify that specified items of fixed machinery are necessary for the care and maintenance of the area covered by the mineral right and such items and machinery shall not be removed; (b) require that specified buildings and other items of fixed machinery shall be removed; (c) require that potentially hazardous substances, erections and excavations be removed or made safe in such manner as he may direct. (3) If removal of specified assets which the holder has indicated that he wishes to remove is prohibited under paragraph (a) of subsection (2), the Minister shall pay reasonable compensation to the holder for such assets and any person who acquires a mineral right over the area concerned shall reimburse the sum equal to the compensation so paid. (4) Upon cessation of operations by the holder of a mineral right, the area covered by the mineral right shall revert to the owner thereof provided that if the Director determines that the area should be retained, it shall be so retained by the Minister subject to payment of fair compensation to the owner for such retention. (5) Any fresh water dam and the waters impounded thereby shall be left intact on cessation of operations or termination of a mineral right.

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