X

Map Disclaimer

Information in this screening tool is provided for informational purposes only and does not constitute legal or scientific advice or service. The World Bank makes no warranties or representations, express or implied as to the accuracy or reliability of this tool or the data contained therein. A user of this tool should seek qualified expert for specific diagnosis and analysis of a particular project. Any use thereof or reliance thereon is at the sole and independent discretion and responsibility of the user. No conclusions or inferences drawn from the tool or relating to any aspect of any of the maps shown on the tool, should be attributed to the World Bank, its Board of Executive Directors, its Management, or any of its member countries.

The boundaries, colors, denominations, and other information shown on any map the tool do not imply any judgment or endorsement on the part of the World Bank concerning the delimitation or the legal status of any territory or boundaries. In no event will the World Bank be liable for any form of damage arising from the application or misapplication of the tool, any maps, or any associated materials.

Part B: Mineral Rights - Part B-6: Beneficiation - Processing, Trade & Transport - 35. Beneficiation – Processing, Trade and Transport - 35.6 Obligations of the Authorised Processing Facility, Trader/Dealer and Transporter Licence Holder | 35.6(f) Land Access

The siting of an Authorised Processing Facility presents land access issues. In general, the Authorised Processing Facility is subject to the general land laws and must secure its plant site legally. Since not all sites will have a legally registered title holder, but may have lawful occupants under either formal law or tribal custom, it is desirable to state clearly in the mining law that Authorised Processing Facility licence holders are subject to the obligation to obtain the consent of such lawful occupants and to abide by land law provisions regarding compensation, resettlement or relocation of them in connection with securing the site for the processing facility.

35.6(f) Example:

Article [_]

(1) The holder of an Authorised Processing Facility licence shall seek the prior written consent from the lawful occupants, and in consultation with the local government authority, with respect to any occupied land or land that is being used as farm land on which the licensee intends to construct its processing plant and related facilities, and shall comply with the land laws with respect to compensation, resettlement and relocation of any occupants of land.

(2) The holder of an Authorised Processing Facility licence shall obtain the prior consent from the regulatory authority in charge with respect to land situated in a game reserve, national park, forest or wildlife reserve before engaging in any activities on such sites.

Annotation

An Authorised Processing Facility licence holder must obtain various consents with respect to land that is owned or occupied by a lawful occupier and protected lands that are regulated under separate laws.