QUARRIES ACT

Section 8: Rights of a lessee or licensee.

1970Section 8 of 42Federal Republic of Nigeria

(1) Subject to the provisions of this Act, a lease or licence shall confer upon the lessee or licensee the right-
(a) to enter upon any land in relation to which a lease or licence has been granted under this Act;
(b) to conduct quarrying operation on the area of land applied for and shown on the plan supplied (if required) by the applicant; and
(c) to remove and dispose of any quarriable material specified in the lease or licence.
(2) In so far as it may be necessary to the holder of a lease in connection with his quarrying operation and, subject to the provisions of this Act and the regulations, the holder who has complied with the provisions of this Act and the regulations (relating in particular to compensation and the payment of surface rents) shall have on the land included in his lease or licence the following rights, that is to say, the right-
(a) to make all necessary excavations;
(b) to erect, construct and maintain such houses and buildings as in the opinion of the Chief Inspector are necessary for his use and for the use of his agents and servants;
(c) to erect, construct and maintain such engines, machinery, buildings and workshops and other erections as may be necessary or convenient;
(d) to stack or dump any of the products from the quarry;
(e) to lay water pipes and to make watercourses and ponds, dams and reservoirs; and
(f) to construct and maintain all such electrical transmission lines, tramways, railways, roads, landing grounds, communications and conveniences as may be necessary.
(3) A lessee or licensee under a lease or licence may, on the lands included within the area of his lease or licence, cut, take and use any tree when necessary in the course of quarrying operation or when required for conducting quarrying operation or for domestic purposes, provided that he shall not cut or take any protected tree except with the consent of the proper forestry officer and on payment of the fees and royalties prescribed under the Forestry Act or,where appropriate, any corresponding law of a state.
Cap. 72 of 1958 Edition.
(4) A lease shall not, except as provided under a water licence granted under this Act, 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 area for which the lease or licence is granted.
(5) Nothing in this section shall authorise the holder to make such alteration in the flow of water in any navigable waterway as would obstruct or interfere with or be likely to obstruct or interfere with the free and safe passage of any vessel, boat, canoe or other craft.

Cite this section

Section 8, QUARRIES ACT (1970).

https://repo.podus.ai/laws/quarries-act/section/8/