Mines and Minerals Development Act, no. 16 of 2023.
Country
Type of law
Legislation
Abstract
This Act provides for introducing new and improved provisions for exploration, mines and minerals development, sale and export for the socio-economic benefit of the people of Sierra Leone; facilitating transparent and accountable management of the mineral sector in accordance with international best practice; ensuring improved employment and employment and welfare practices in the mineral sector; reducing the harmful effects of exploration and mining activities on life, property and the environment, and thus applies to: onshore and offshore minerals; reconnaissance, exploration, mining, dealing and exporting of all categories of minerals; and water resources relevant to aquifer manage ment and hydrogeology and deep seabed mining. The Act defines the following relevant terms: affected community; artisanal mining; artisanal mining licence; artisanal mining licence area; cadastral map; commercial production; compensation; continental shelf; deep sea mining; dredging; environmental impact assessment; environmental impact assessment licence; environmental and social management plan; environmental screening report; exploration; exploration licence; exploration plan; geodata; health and safety plan; land; large-scale mining; lease; licence activity; mine; mine closure plan; minerals; mining; mining operations; mining cadastre system; Nuclear Safety and Radiation Protection Authority; programme of exploration operations; programme of mining operations; quarry; radioactive mineral; land rehabilitation; reserved area; resettlement action plan; small-scale mining; surface rights agreement.
The Act covers the following matters: ownership of minerals and strategic minerals; ministerial responsibility for administration of minerals governance; role of the National Minerals Agency for ensuring technical support to Ministry; mining cadastre office and system; mineral areas and excluded lands; designation of public land as reserved area for minerals exploration; issuance of application for mining operations; public tender; surface rights and obligations; compensation for disturbance of rights or damage to land; right to use land obtained by the holder of a large scale mining licence and distribution of surface rent; procedural matters concerning licences; issuance of licence for exploration, artisanal mining, small-scale and large-scale mining; prohibitions concerning sale and possession of radioactive minerals; dealers and exporters licence; measures for ensuring protection of the environment, including: submission of an annual report on environmental and social impacts and mitigation actions, authorisations from Environmental Protection Agency before issuing licences, prohibition to divert any water course; environmental requirements for renewal of licence; general obligation to promote community development; community development fund; promoting conditions for safe operation and a healthy working environment; rights and duties of employees and affiliates; social protection measures; financial provisions; identification of cultural or archaeological relics; offences and penalties; measures against child labour and for ensuring protection of human rights; dispute resolution mechanism.
The Act covers the following matters: ownership of minerals and strategic minerals; ministerial responsibility for administration of minerals governance; role of the National Minerals Agency for ensuring technical support to Ministry; mining cadastre office and system; mineral areas and excluded lands; designation of public land as reserved area for minerals exploration; issuance of application for mining operations; public tender; surface rights and obligations; compensation for disturbance of rights or damage to land; right to use land obtained by the holder of a large scale mining licence and distribution of surface rent; procedural matters concerning licences; issuance of licence for exploration, artisanal mining, small-scale and large-scale mining; prohibitions concerning sale and possession of radioactive minerals; dealers and exporters licence; measures for ensuring protection of the environment, including: submission of an annual report on environmental and social impacts and mitigation actions, authorisations from Environmental Protection Agency before issuing licences, prohibition to divert any water course; environmental requirements for renewal of licence; general obligation to promote community development; community development fund; promoting conditions for safe operation and a healthy working environment; rights and duties of employees and affiliates; social protection measures; financial provisions; identification of cultural or archaeological relics; offences and penalties; measures against child labour and for ensuring protection of human rights; dispute resolution mechanism.
Attached files
Web site
Long title of text
An Act to repeal and replace the Mines and Minerals Act, 2009, to provide for the introduction of new and improved provisions for exploration, mines and minerals development, sale and export for the socio-economic benefit of the people of Sierra Leone, to provide for the facilitation of transparent and accountable management of the minerals sector in accordance with international best practice; to provide for improved employment and employment practices in the mineral sector; to provide for improved welfare of communities affected by exploration, mining and related activities; to provide for more effective measures to reduce the harmful effects of exploration and mining activities on life, property and the environment and to provide for other related matters.
Date of text
Entry into force notes
12 May 2023
Repealed
No
Serial Imprint
Official Gazette no. 30 of 2023.
Source language
English
Legislation Amendment
No