Section 10: Restrictions as to grants, and determination of quarrying leases, etc.Cap. 226. Cap. 299. Cap. 338.

(1) Where there is in operation in respect of the same area or part thereof a lease, licence or right of any kind granted under the Minerals Act, the Nigerian Coal Corporation Act, the Oil Pipelines Act, or such other enactment as the Minister may by order specify, the provisions of this Act relating to the granting of applications for leases or licences shall not apply.
Cap. 226.
Cap. 299.
Cap. 338.
(2) Any application for a quarrying lease or a quarrying licence may, notwithstanding subsection (1) of this section, be granted if-
(a) all the interested parties agree in writing; and
(b) the provisions of this Act relating to the conditions for the granting of leases and licences, and other requirements of this Act or the regulations, are complied with. In this subsection, "the interested parties" means parties interested in the lease, licence or right to which subsection (1) above relates, and includes parties entitled to be paid compensation or surface rents by or under this Act or any other law.
(3) Where-
(a) a quarrying lease has been granted prior to a grant under any of the enactments referred to in subsection (1) above; or
(b) at the request of the grantor or grantee of a lease under any such enactment, there is an application before the Minister for the determination of any quarrying lease or quarrying licence,
the Minister may, if he thinks fit, by notice served on the holder thereof, determine the quarrying lease or quarrying licence subject to such conditions as he may impose and to the payment of compensation, in any appropriate case, by the person making the application.
(4) Nothing in this section shall be construed as applying to any lease or licence for conducting quarrying operation-
(a) in a disused or abandoned mine or mining area, or part thereof; or
(b) where, with the approval of the Minister in writing, quarrying operation may be safely conducted simultaneously with any other work in such mine or area, or part thereof. In this subsection "mine" has the same meaning as in the Minerals Act, and "mining area" shall be construed accordingly.