NIGERIAN MINERALS AND MINING ACT

Section 82: Construction of Roads.

2007Section 82 of 165Federal Republic of Nigeria

(1) A person who has constructed a road, tramway or railway in accordance with the provisions of this Act shall not hinder or prevent any other person from having access to using the road, tramway or railway.
(2) A person who constructs a road, tramway or railway may, if in his opinion, the road, tramway or railway is being used by any other person in such a manner as-
(a) will cause appreciable damage to the road, tramway or railway ; or
(b) substantially increase the cost of its upkeep, may call on the user to contribute to the cost of upkeep.
(3) Where a person uses a road, tramway or railway constructed by another person in such a manner as to interfere materially with the free use and enjoyment of it, the person who constructed the road, tramway or railway may call on that user to limit his use of the road in order to stop the interference.
(4) A person who constructs a road, tramway or railway over any part of the area of a mining lease under the provision of this Act may be required by the lessees or holder of the mining lease or mining title who wishes to mine the area covered by the road to divert the road, tramway or railway to some other part of the area of the lease or title and cost of the diversion shall be borne by the person who constructed the road, tramway or railway.
(5) References to a person who constructs a road, tramway or railway under the provisions of this Act shall be construed as also references to a person who maintains the road, tramway or railway to which section 73 of this Act applies.
(6) The person who constructed a road, tramway, or railway may close it for the purpose of occur by reason of any inadequacy of the road, tramway or railway and shall not be liable to any person to whom the notice is given.
(7) A person who is constructing a road, tramway or railway shall display and keep displayed, adequate notice drawing attention to any bridges or culverts and to any precautions necessary, in the use of the road, tramway or railway and the user of a motor vehicle who neglects the precautions notified shall be liable to reimburse the person who constructed it, the cost of any damage occurring to a bridge or culvert by him.
(8) For the purpose of this section "road", tramway or railway" includes a road; tramway or railway constructed by a local community or person and used in connection with exploration or mining operations.

Cite this section

Section 82, NIGERIAN MINERALS AND MINING ACT (2007).

https://repo.podus.ai/laws/nigerian-minerals-and-mining-act/section/82/