NIGERIAN MINERALS AND MINING ACT

Section 78: Rights of the Holder of a Quarry Lease.

2007Section 78 of 165Federal Republic of Nigeria

(1) Subject to the provisions of this Act, a quarry lease shall confer on the lessee the right to-
(a) enter on the land within the area of the lease or licence granted under this Part;
(b)
carry out quarrying operation on the land within the area of the lease and shown on the plan supplied (if required) by the applicant ; and
(c) remove and dispose of any quarriable minerals specified in the lease.
(2) Subject to the provisions of this Part and the Regulations, the Holder of a quarry lease who has complied with the provision of this Part and the regulations relating in particular to compensation and the payment of surface rents shall, for the purposes of the quarrying operation, have on the land within the area of the lease, the right to-
(a) make all necessary excavations ;
(b) erect, construct and maintain such houses and buildings as, in the opinion of the Mines Inspectorate Office, are necessary for his use and for the use of his agents and servants ;
(c) erect, construct and maintain such engines, machinery, buildings and workshops and other structures as may be necessary or convenient ;
(d) stack or dump any of the products from the quarry ;
(e) lay water pipes and make water courses and ponds, dams and rerervoirs ; and
(f) construct and maintain all such electrical transmission lines, tramways, railway,
roads, landing grounds, communication and conveniences as may be necessary subject to laws and regulations governing these infrastructures.
(3) A lessee under a lease-
(a) may, on the land within the area of the lease cut, take and use any tree when necessary in the course of the quarrying operation or when required for carrying out the quarrying operation or for domestic purpose;
(b) shall not take any protected tree except with the consent of the proper Forestry officer; and
(c) shall reimburse the Mining Cadastre Office for any payment made by the Mining Cadastre Office in respect of any fee and royalty prescribed under the forestry law of State.
(4) A quarry lease shall not, except as provided under a water licence granted under this Part convey any exclusive right or privilege in relation to any lake, river, spring, stream or other body of water on, passing through or adjacent to the land within the area of the lease.
(5) Nothing in this section shall authorize the Holder of a quarry lease to make such alteration in the flow of water in any navigable water as would obstruct or interfere with or is likely to obstruct or interfere with the free and safe passage of any vessel, boat, canoe or other craft.

Cite this section

Section 78, NIGERIAN MINERALS AND MINING ACT (2007).

https://repo.podus.ai/laws/nigerian-minerals-and-mining-act/section/78/