Nigeria and its tin fieldsCalvert, Albert Frederick
History
Nigeria and its tin fields
Calvert, Albert Frederick
Tin mines and mining -- Nigeria
20. Every mining lease and every instrument by or under which the rights
or any portion thereof granted by such lease shall be transferred or
assigned shall be registered as an instrument affecting land under the
provisions of the law for the time being in force with regard to the
registration of such instruments.
[Sidenote: Penalty for mining without a lease.]
21. Any person digging for, mining, or working any mineral without a
mining lease shall be guilty of an offence, and shall be liable upon
conviction thereof to a penalty not exceeding £500 or to imprisonment for
a term not exceeding twelve months.
[Sidenote: Use of water.]
22. The lessee of a mining lease shall be entitled to the use of all
water within the area of his lease, but he shall not, without the consent
in writing of the Government Inspector of Mines, treat any river or other
flowing water or stream in such a manner as to prevent its return to its
natural channel before it leaves the said area.
[Sidenote: Proviso as to existing rights.]
Provided that nothing herein contained shall be construed to affect or
prejudice the existing rights of any person to the reasonable use of the
water flowing in a natural bed or channel through, or along the margin
of, land occupied by him, or naturally deposited within such land.
[Sidenote: Penalty for improper use of water.]
23. Any person diverting any river, flowing water, or stream without
consent as aforesaid, or diverting water in such a manner as to render
it unavailable for use by another person legally entitled to the use
thereof, shall be guilty of an offence, and shall be liable to a penalty
not exceeding £25, or to imprisonment for a term not exceeding three
months.
[Sidenote: Provisions as to surface rights.]
24.—(1) A mining lease shall not of itself confer any rights in or
over the surface of the area included in the lease, but if the lessee
shall apply to the Governor for a right of occupancy over the whole or
any portion of the area included in his lease, and shall show to the
satisfaction of the Governor that the exclusive use and enjoyment of
the said area or portion thereof is necessary to the full and effective
exercise of the rights conferred by the lease, the Governor shall grant
a right of occupancy over such area or portion thereof, subject to the
provisions of the law for the time being in force with regard to such
rights, and to such reservations as he shall think fit to make in respect
of any railway, tramway, public road, building, burial-ground, or land
appropriated to any public purpose, or land in the legal occupation of
any other person.
(2) A right of occupancy granted as aforesaid shall run concurrently with
the mining lease, and shall be renewable on application with each renewal
of the mining lease, and no rent shall be payable thereunder over and
above the rent payable under the mining lease; but compensation shall be
payable in respect of any disturbance of native rights.
Public-domain text, read in full here on John Shaqi.
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