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Section 76, The Mines and Minerals Act, 2009

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

(1) An exploration licence shall be valid for an initial periodnot exceeding four years. (2) The holder of an exploration licence may, not later than ninety calendar days before the initial expiry of the licence apply to the Mining Cadastre Office for a first renewal of the licence in respect of not more than one hundred and twenty-five square kilometres of the exploration licence area, except that where the results of exploration to date strongly indicate the presence of widespread mineralisation such that a surrender to one hundred and twenty-five square kilometres would result in some highly prospective areas being surrendered, the Minister, on the advice of the Minerals Advisory Board, may exceptionally allow such areas constituting more than one hundred and twenty five square kilometres to be retained. (3) An application for the first renewal of an exploration licence- (a) shall be accompanied by- 52 53 grant of Size of (i) a detailed annual report as prescribed describing all operations carried out in the previous year together with an annual financial report for the same period, plus a surrender report as prescribed, covering in detail all work carried out over any portion of the ground to be surrendered and accompanied by all results, data, information and interpretation since the grant of the exploration licence; (ii) a proposed programme of exploration operations to be carried out during the period of first renewal and the estimated cost thereof; (iii) a plan identifying that part of the exploration licence area for which renewal is sought; (iv) a description of the contiguous blocks comprising the exploration licence area for which renewal is sought, identified in the prescribed manner; and (b) shall give particulars of any alteration in the matters stated in the application for the grant of the licence under paragraphs (a), (f), (h), (j) and (k) of section 70. (4) The Mining Cadastre Office shall forward an application for the first renewal of an exploration licence to the Minerals Advisory Board. (5) Upon receipt of a completed application for the renewal of an explorations licence from the Mining Cadastre Office, where the Minerals Advisory Board has determined that an application for the renewal of an exploration licence has met all the criteria for such licence the Board shall certify to the Minister in the prescribed form that it advises that the application be approved, and such certification shall be recorded in the mining cadastre registry. (6) The Minister shall, subject to all prescribed criteria of this Act and of the regulations, on the certified advice of the Minerals Advisory Board, renew the licence for the reduced area applied for with or without variation of the conditions of the initial licence, for a period not exceeding three years. (7) The holder of an exploration licence may, not later than ninety calendar days before the expiry of a once-renewed licence apply to the Mining Cadastre Office for a second renewal of the (8) An application for the second renewal of an exploration licence- (a) shall be accompanied by- (i) a report on exploration operations carried out so far and the direct costs incurred thereby; (ii) a proposed programme of exploration operations, feasibility studies, and environmental impact assessments to be carried out during the period of second renewal and the estimated cost thereof; (iii) a plan identifying that part of the exploration licence area for which renewal is sought, which shall not be greater than one hundred and twentyfive square kilometres unless it can be conclusively demonstrated that to do so would unavoidably exclude part of an economically recoverable mineral deposit; (iv) a description of the blocks comprising the exploration licence area for which renewal is sought, identified in the prescribed manner; 54 55 (b) shall give particulars of any alteration in the matters stated in the application for the grant of the licence under paragraphs (a), (f), (h), (j) and (k) of section 70; and (c) shall provide evidence that a mineral discovery has been made that may be of commercial value. (9) The Mining Cadastre Office shall forward an application for the second renewal of an exploration licence to the Minerals Advisory Board. (10) Upon receipt of a completed application for the second renewal of an explorations licence from the Mining Cadastre Office, where the Minerals Advisory Board has determined that an application for the second renewal of an exploration licence has met all the criteria and where the holder of an exploration licence who has made and reported a discovery of possible commercial value, the Board shall certify to the Minister in the prescribed form that it advises that the application be approved, and such certification shall be recorded in the mining cadastre registry. (11) The Minister shall on the certified advice of Minerals Advisory Board confirming all prescribed criteria of this Act and of the regulations have been met, renew the licence for a period not exceeding two years. (12) The applicant shall be notified in writing of the decision on renewal applications, and if an application is refused, the Minister shall give reasons for such refusal. (13) Where the Minister has refused an application to renew an exploration licence that is renewable and the cause given by the Minister for such refusal can be remedied by the holder of the licence, if the cause has been remedied with thirty calendar days of receiving the notice under subsection (12), the licence holder may reapply for a renewal of the licence within such thirty day period.

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