owner or lawful occupier of any part of such area, obtain a land lease or other rights
to use the area upon such terms as to duration or the extent of the affected land, as
may be agreed between the holder and the owner or lawful occupier of the land in
question, or failing an agreement, as may be determined by arbitration.
56 In
assessing any rent payable under this section, an arbitrator shall determine the rent
in relation to values, at the time of arbitration, current in the area in which the mining
lease is situated, for land of a similar nature, but without taking into account any
enhanced value due to the presence of minerals.
57
The mineral right holder is required, on demand made by the owner or lawful
occupier of any land subject to such mineral right, to pay the owner or lawful
occupier fair and reasonable compensation for any disturbance of the rights of
such owner or occupier; and for any damage done to the surface of the land by the
holder’s operations.
58 A licensee shall on demand made by the owner of any crops,
trees, buildings or works damaged during the course of such operations, also make
payment in compensation for any crops, trees, buildings or works that have been
damaged in the process.
59 The implication of the above is that where the environmental restrictions applicable to minerals are applied to sand mining being a class of
minerals, it helps to environmentally secure the land from degradation that may
affect it productivity.
6.2 Sand Mining and Environmental Impact Assessment
The clearest specific reference in the National Environment Act relating to sand
mining is the statutory requirement for Environmental Impact Assessment before
engaging in excavation of sand. The third schedule to the Act is a list of activities for
which Environmental Impact Assessment is required. On the list is “mining, including quarrying and open-cast extraction of—(a) precious metals; (b) diamonds;
(c) metalliferous ores; (d) coal; (e) phosphates; (f) limestone and dolomite;
(g) stone and slate; (h) aggregates, sand and gravel; (i) clay; (j) exploration for the
production of petroleum in any form”.
60 The schedule is made pursuant to section
56 Sec. 81(1).
57 Sec. 81(2).
58 See Sec. 82(1).
59 The law as per section 81(1)(I) further provides that in “assessing compensation payable under
this section, account shall be taken of any improvement effected by the holder of the mineral right or
by his or her predecessor in title the benefit of which has or will accrue to the owner or lawful
occupier of the land; (ii) the basis upon which compensation shall be payable for damage to the
surface of any land shall be the extent to which the market value of the land upon which the damage
occurred has been reduced by reason of the damage; (iii) no compensation shall be payable to the
occupier of a state grant land in respect of any operations under a mineral right existing at the date of
such state grant”.
60 Third Schedule, Item 6.
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T. Sanni
to use the area upon such terms as to duration or the extent of the affected land, as
may be agreed between the holder and the owner or lawful occupier of the land in
question, or failing an agreement, as may be determined by arbitration.
56 In
assessing any rent payable under this section, an arbitrator shall determine the rent
in relation to values, at the time of arbitration, current in the area in which the mining
lease is situated, for land of a similar nature, but without taking into account any
enhanced value due to the presence of minerals.
57
The mineral right holder is required, on demand made by the owner or lawful
occupier of any land subject to such mineral right, to pay the owner or lawful
occupier fair and reasonable compensation for any disturbance of the rights of
such owner or occupier; and for any damage done to the surface of the land by the
holder’s operations.
58 A licensee shall on demand made by the owner of any crops,
trees, buildings or works damaged during the course of such operations, also make
payment in compensation for any crops, trees, buildings or works that have been
damaged in the process.
59 The implication of the above is that where the environmental restrictions applicable to minerals are applied to sand mining being a class of
minerals, it helps to environmentally secure the land from degradation that may
affect it productivity.
6.2 Sand Mining and Environmental Impact Assessment
The clearest specific reference in the National Environment Act relating to sand
mining is the statutory requirement for Environmental Impact Assessment before
engaging in excavation of sand. The third schedule to the Act is a list of activities for
which Environmental Impact Assessment is required. On the list is “mining, including quarrying and open-cast extraction of—(a) precious metals; (b) diamonds;
(c) metalliferous ores; (d) coal; (e) phosphates; (f) limestone and dolomite;
(g) stone and slate; (h) aggregates, sand and gravel; (i) clay; (j) exploration for the
production of petroleum in any form”.
60 The schedule is made pursuant to section
56 Sec. 81(1).
57 Sec. 81(2).
58 See Sec. 82(1).
59 The law as per section 81(1)(I) further provides that in “assessing compensation payable under
this section, account shall be taken of any improvement effected by the holder of the mineral right or
by his or her predecessor in title the benefit of which has or will accrue to the owner or lawful
occupier of the land; (ii) the basis upon which compensation shall be payable for damage to the
surface of any land shall be the extent to which the market value of the land upon which the damage
occurred has been reduced by reason of the damage; (iii) no compensation shall be payable to the
occupier of a state grant land in respect of any operations under a mineral right existing at the date of
such state grant”.
60 Third Schedule, Item 6.
112
T. Sanni