Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698829517723.pdf (Sierra Leone)
Supplerrcrn to ie Siara t^are tiizate E*diroy yol.

CXLXDI, No.

17 dated 5th July, 2022 BILL TI{E CUSTOMARY LIND RIGHTS ACI,zUN, TABLE OF @NTENT PARTI-+RELIMINARY 1.

2 P 3.

4.

5.

6 7.

8.

9.

10.

11. t2.

13. t4.

15.

16.

17. t8.

19. x.

21.


D. Interpretation Application ofAct ART tr{TJSTOMARY IANDRIGHTSANDI{ON-DISCRIMINAIION Right to acquire land Elimination of discriminaion PARTM{ENDEREQIJ{ITY Gender equality Joint ownership Family ownership Membership of Committees PARTIV€HIEFDOM@Ij}.ICILANDFAMILYI.ANDTITLE Chiefdom Council F@ily land Collective comsent Cert'rfication and regiskaion PARTV-COMMI.
'NITYISND Communal land in a town or vil.lage Cunmrnnl land in a chiefdom T€nancy under customaqr law Pkdge Public land Land committee not established Bye laws tegalaction PAKTVI-PROTECTED,CONSERVEDORECOI,OGICALLYSENSITryE AREAS Degradation kohibited activiti€s tr 23.

Ecologically sensitive areas 24.

Irnd adjacent to nafiiral resor.lrces PARTVII{USTOMARYLANDNGHTSANDRESPONSIBILTTIES 5.

Compliance wirh procedures 26.

Protected ar€a 27.

Leas€hold not to exc€ed 50 years 2& Maximum land for itrvestment 29.
Itrformed consert 30.

Information to commrmities .31.

L%al Assishnce Fond 32.

Lease agrEement 33.

Cormrmity meeting for written informed consent 34.

Terms ofa lease 35.

Conditions in a lease agr€ement 36.

Lffd to be rEgist€red before negotiations 37.

Commonrcsotllces 3& Minimm rdes 39.

Compensdion for disfirbanc€ of dghrs ,10.

Compensation for loss ofcrops 4I.

lrdependmt valuation 4.

Bank accoutrt 43.

Demarc*ion PART VIII.INVESTMENT INDUCED DISPLACEMENT AND RESETTLEMEI\IT tl4.
Displac€m€nt 45, Resetlement actiou plan and rcseulement PART.XCRIEVIANCEREDRESS, $.

I'ao.d tenure disputes PARI X.MISCELTANEOUS PROVISIONS 47.

Amendment ofsection 18 ofcap 6l 48.

Amendment ofsection 34A ofAct no 12 of2D9 t9.

Regulations 50.

Transitionalprovision Schedules No.

2022 Sierra Leone A BILL ENTITLED The Customary knd Rights Act,2022 short title.
Being rnAct to pmvite for the pmtection of custoEary hnd dghts, the elimination of discrimination under crrstomary law and to custorrry the managementatrd admi[istntion ofland subj€ct law and ottrer related pmvbions ENecrro by the President and Members ofParliam€nt in this present Parlianent assembled.

t l Date of com- mencement.

2 No.

The Custo,nary larul Righls Act 2022 PARTHRELIMINARY Interpretation.

1.
In this Act unl€ss the context otherwise requires - "authorised officer" means an officer ofa Chiefdom Cormcil, the National Land Commission, an officer of the Environment Protection Agency or the National Protected Area Authority; "bye-laws" niean rules adopted by communities to govem their land and natural resourc€s; "Chiefdom Councit" means the Paramount Chief, Chie8, Councillors and men ofnote elected by the people accordance with customary law and custom; Chiefdom Land Committ€e" mesns the chiefdom latrd committee established under section 49 of the Natimal Land Commissior Aci202l ; 'community" means any settlemeDt of people itr a vitlagq chieftlom, town or citg "community land" means land that is owned or managed by a commudty or is made available for public use by a Chiefdom Council or land owners subject to customary law or the terms ofthe granfs subject to customary law and includes cemetaries, playgrounds, market areas and sacred sites; "Community membef means a male or fernale who is ordinarily resident in a villagg torr,n or chiefdom - including penons who were bom in that commrmity, $Ao have maried into rh.t commmity, and who have moved to the community for other reasons; "community livelihood" means socio-economic activities undertaken by community members to No The Custondry Laad Ngfus Act 2022 3 provide for their everyday life, such as farming fishing, gthering or hunting etc; "Customary land" means land owne4 govemed by or administered under customary law in the provinces; "Customary land pledge" meatrs a transaction by which family land or intercst in family land which is subject to customary law and the land transferred by one person to another as security for a debt due or owed; "Customary land rights" tnean tbe fitll range ofprimary rights (the right 1o exclude, tramfer, transact, bequeatll manage and make decisions about the land) and secondary rights (righls ofway, access to use natural resowces, right to drive cattle, right to obtain water from a river) to land under customary law; "Customary law" meatrs any rule other dran a rule of gereral law having the force oflaw in any chiefdom village or town in the provinces and by which rights and duties are acquired or imposed in accordance with n: n[al justice and equity and in accordance withtt.j l99l Constitution or any other law applliing to the provinces; "District I-and Commission" means the Distict knd Conimission established under section 35 of the National l-ands Comnission Act 202 I ; "District Registry" meaDs the District Registry established under section 67 of the National Lands Crmmission Act 2021; "ecologically sensitive area means wetlands, wildlife habitats, steep slope, virgin or old growth forest and 4 No.
The Custonory Inhd Rights lct 2022 any other area designated as sensitive under customary law; "family" means a group of persons tacing descent Aom a cotrntron anc€stor on the pdemal or matemal side or persons who have married into the frmil11 "family land" means land vested in and owned by the family as a unit under customary law and administer€d by a family hea{ "indefinite tenancy" means a grant of land for an rudefuod periodoftime with orwi6ou an obligation to pay rentl "investnent" means an etrterprise or undenaking in which rhe majority of min€rals, crops or other resourc€s extracted arc intended to be sold and used outside the community in which 6e investnent takes place; "lease agreement" means a grant of a specifically defined arca oflan4 in writing for a tenn ofyears, and contain an obligation to pay rent, signd by tbe landowners as lessors and those renting the tand as lessees; "long-term tenatrcy' means a grant of family land for a permanent purpose such as coustruction of a dwelling house or cultivation of permanent crops wilh orwithout an obligation to pay rcnt for a period not exceeding 50 ye&s; "National Lands Commission " means the National knds Commission established under section 2 of the Nationat Lands Commission Act202l; "sacred site" means atry place within, nerir or adjacent No.
The Crstonary Land Nghts Act 2022 5 to a community which, based on its customs and practices, has a spirihral or special meaning or significaDc€ for inhabitants.
"seasonal tenancy" meatrs a grant of land for one farming season with or wiftout an obligation to pay rent for a short p€riod ; 'short-term tenancy" means a grant of land for a limited period of time such as for a farming seasoD or a period less than three years wirh or without an obligation to pay rent "Towu or Village Area Land Committee" means the Town or village area land committee established under section 56 ofthe National I-and Commission Acrz02l.

2.
2.

This Act shall apply to any land that is subject to customary Applic.rion of Act law.

PARTIT{USTOMARYLANDRIGIITS AITDNON.

DISCRIMINAIION 3.

Subject to this Act a citizen shall bave &e right to acquire aigbl to any land that is subject to customary law.

0.4uirc llnd 4.
(l) A citiz€n shall not be refused the rigbt to hol4 use or Eliminarioo of acquire land that is subject to customary law based on that citizen's Discrimination (a) gender; O) tnbe; (c) rcligion; (d) etbnicity; (e) age; 6 Nc The Custo,nary Land Rights Act 2022 (f) narital status; G) social stdus; or (h) economic stalus (2) In the implementation and enforcement ofthis Act, the Govemment shall- (a) guarantee and preserve all customary land right"; (b) guarantee that access to customa4/ law by way of transfer does not deny any citizen's rigbts to land on rhe basis of- i ii iii iv.
vi vii.

viii gender; ethnicity; tribe; religion; ag€; marital status; social status; economic status (c) ensure equity transparency and accountability in the allocation and mamgement of land rights; (d) prcserve and conserve land resources for flrture geuerations; (e) ensure rhe full protection ofuse rights and right to commons without discrimination.

No The Cu.rtomary Lond Nghrs Act 2022 7 PARTM{ENDEREQUAIITY 5.
0) The right to owtr, hol{ use, ioherit, succeed !o or deal cradct with land under customary law shall be gruuanteed to women and equdrtv men equaUy.

(2) Any customary law that excludes, limi6 or inhibits women from owning, holding usitrg, transferring, inheriting, succeeding to or dealing wi& lard subject to customary law shall be void- 6.
(l) Whcre a land subject to customary law is acquircd by persons who ae married or who may be considered to be in a domestic rekrtionship accordingto laq the land shall be rcgistered in the joint names of the spouses.

Joint o*D6- ship (2) Upon dissolution ofa marriage or dea6 ofa spouse, the sunriving spouse in the case of- (a) a disolution shall be entitled to a fair disposition of any land acquired dudngthe mfiiage; o) death shall be entitled in accordance with the Iaw relalitrg to devolution ofestales.
7- (l) Where any laod subject to customary law is vestcd in ramity the frmily as a unit the right to act on bebalf of lhe h$ity in rclatiotr omdhip to the land .hall be guara eed equally to both male and feinale adult members of rhat frmi.ly.

(2) Any customary law that excludes, limits or inhibits men and women from acting on behalfoftheir family in relation to.

land holding solely on the basis oftheir gender shall be void 8 No.
Tle Ctstornary I-@d Righb Act 2022 Q) Where fmily land is to be bequeathed or subdivided among the fmily, both male and female mernbers ofthe hmily shall be reated equally ad enjoy tte sarne rights.

(4) The surviving spouse ofa deceased member of a land owning family shall be entided to live on ad enjoy the benefits fiom the deceased pcrson!
family lmd rmless the surviving spouse remaries outside the family McEb€rship of CoDmittels & 0) Botr male ad a femnale aduft rembers ofa comrnrmity shall have equal opportmities the ap,pointment for membcnhip to land comDitt€es in the provinces @) At least 30olo ofeach land commifree shall be women.

(3) A land cmmittce shall ensue adequde protection of and respect for the righb ofwom€n Chicfilom CouDcil PARTIV.CHIEFDOM COTJNCIL AND FAMILY LAND TITLE 9.
The Chiefdom Council, thmugh the Chiefdom, Town or shall have ovenight resporsibility over Village area l,ad commitl€ €s land in the respective chiefdoms in the provinces Farrily l.rd title 10.
(l) Titl€ |ihe Arnily as a unil to fuily land in the provinces sball be vested in (2) Both male and female adult menbers ofa land or+ning ' 'nily shall be entitled to the same rights and privileges in respect of the fanily's lad holding irrespeaive oftheir gender, domicile, nrarial or other status (3) Farnily land shatl be managed and administered in a sustainable manner taking into consideration the rights and hterests ofthe firture generations ofthe family.
(4) Any penon acting as head and on behalf of a land owaing family shall- No.

The Custo ary larr.l Rigttts Act 2022 9 (a) not milaerally make 8ny decision rslating to the Imd and particularly decisions relatiDg to Iease, assignment or grmt of lan4 O) be accountable to both male ind female members oftte frmily for all actions aken in respect ofthe frmit/s land holding ll.
(l) Where rte head of "i bm owning frmity wishes to etter into any land transaction tmder c.ustomary law he qhall seek rhe wriuen informed consent of a fair representation of the male md ftmale aduft members of lte ftmily before entering into ary lmd fansastion.

Collcc,tiYG coo..ant of family mcmbcrs.
@) The document containing the written informed conc€nt ofthe required number offrmily members shall be signed or &umb prirted by the fmily members that consented to rbe tansaction or accompanied by some other evidence ofconc€nt Q) Where the requied number of fmily members have conse ed to the land transaction lhe frmily m€mbers may setup a negotiating coEmittee to negotiare the land tratrsaction (4) The negotiaing committe€ refered to under sub section (3) shall coryrise- (a) the head of $e family; and (b) a fair representation ofmale and female adult nrembers of6e family.
(O The hed ofthe frmily <hell present to the proeective lessee or buyer a copy of tlle docrm€trt containing the collective consent ofthe bmily members 12.

(l) After receip of the required documents r€ferred to under subsection (5) of section 1 I, the prospective lessee or buycr shall present the document to the Chiefdom Cormcil for certification- Ccrtificatioo ald Egistrrtion.
10 No The Customory land Rights Act 2022 (2) The authoris€d offic€r certi&ing the documents rcferrcd to mder sub section (1) ch*U effect tie following on the documents- (a) the date ofthe certification; O) stamp ofthe Chiefdom Council; and (c) signatpre or thumprint ofthe certifier.

(3) After going though the certification process tile prospedive lessee or buyer .hall present the documents cenified by the Chiefdom Council to the District Registary for registeration.
PARTV.COMMUMryLAND CoEmuoal lard h a tot{a or yill.ge 13 .

(l) Title to communal land where tt exiss utrder customay Iaw in towns or villages shall be vested ia the community as a whole and shall be managed and administered by the Town or Viilage Area l,and Committee on behalfofthe commuaity.

@) The Tovin or VillageArea Lmd Commiuee shall adopt mles to ensrne the sustainable and equitable use ofde communal land Communal lrrd in thc chiefdom 14.
(l) Title tocunmunt landuihere it exists mdercustomtry law in a chiefdom shall be vested in the commmity as a *,hole and shall be managed and administered by the Chiefdom knd Commitee on behalf of the community.

@) The chiefdom shall adopt rules to ensure the sustainable and equitable use oftte land.

(3) Subject to the rules of the commrmity, all members of a commrmity shall have access to use communiry land.

No The Cutottary land Nghrs Act 2022 u 15.


(1) A family lhd owns land may grant seasmal, indeftrite, Tcuaocv short term, long term or any t)?es of tenancy recoglis€d under ff[.

* customarylaw.

bw (2) The teDancy agreement for a family land under format as set out in the Third Schedule- subsection ( t ) shall be in th€ (3) A long-term tenancy for commercial purposes shatl not exc€od 50 years and shall have an option for rcnewal for a term not exceeding 2l years.
(4) The lease rent for a long term tenmcy shall be revised every 5 years in line with the rate of inflation (5) A defmite tenancy shau not be used to s€cune any investment on any community land (O Relevant Government Institutioa shall work witt the Chiefdom Council, Chiefdom lrtrd Committee and Town or Village Arca Committee to facilitate lhe aqusition ofland for invesorent 16.
(t) Subject to this Act, hmily land that is to be pledged Plcdse outto atry other peBon shau be register€d befoE the land is pledged- (2) The format of a pledge shall be in tie form as s€t or.tr in the Fourth Schedule 17.

(l) Commmity town or village land thd falls under the nruic ma category ofpublic land shall be adminislered by thc Town or Village fuea t and Committee on behalf of the commudty (2) AU the benefits ofcommunal land and its resources shall belong to the commmity 18.
The land and natural resources ofa town or village shall laad be managed aud administered by the Chiefdom Council until the codmitree town or;lhge establishes its land committee.

lJo,,*"6 D No.

The Cxstornory land trJ.ghrs Act 2022 19.

Bye laws adopted by the Chiefclom I-and Committer sball apply to all villages under the Chieftlom that have not adopted their own bye laws.

IJgal acrion X.

(1) Where ther€ is a land dispute a town or village shall have the firs option to institut€ any legal action .
(2) Wherc multiplg towns or villages are affected they may institute legal action individually,jointly or through the chief<tom.

Part VI - Pmtected, Conserved o r Ecologically Sensitive A reas Degadation 21.

Authorised offrcers shall ensure that wetland wildlife habitats, steep slopes, old growth, virginforests or any other ecologica[y s€nsitive areas in the provinces are protected fiom degradation- Prohibited sctivities.
22 Authorised officers shall ensur€ that no minin& plantation, farrning or any other large-scale development activity takes place on, withfi near or adjacent to any- (a) wetlard; b) wildlifehabitaE (c) steep slope; (d) old groxdt or virgin forests; (e) other ecologically sensitive areas Ecologically Sensitivc &€ar.
23- O) A person who is found guilty of causing harm to ecologically sensitive areas shall in addition to the applicable sanctiotrs, be firlly responsible for reversing the haan and restoring the ecologically sensitive areas to their original state.

(2) Customary rules and practices that promote protection and conservation ofecologically sensitive areas shall be adopted and enforced by Chiefdom Corurcils and communities .

No.
No.

The Customary Land Rights Act 2022 t3 (3) Ecologically sensitive areas may be cG.managed by the commrmities in which they are locate4 the Chieftlom Council and the responsible govemment €ency.

24.

(l) Subject to t[is Act a commudty whose land is within, [r!d Edj8cror near or adjace[t to tratural resourc€s such as forests grazing laadsr to Drtulal rivers and iwamps and which has traditionally and historically relied @u*.
on such nafitral resources for thdir livelihood , spirinral or religious purposes, shall be entitled to use &e resourcc for those puposes.

@) Use by communities ofthe natural resources refered to under subsection (l) may be restricted or terminated by the government in collaboration with the Chiefdom Council wtpre there is a danger of depletion of such resormes.
(3) The government shall implement alternative arrangements to cushion the effect ofthe resaiction or terminatior of use on tie communities- (4) A Town or MllageArea I -nd Committeeand Chffihn Land Committees shall adopt and etrforce rules for &e sustainable use of such resources including rules goveming or outlawilg ext'action ofnatural resources, such as cuning 1156aa 61 mining sand for use outside the comnunity.

Part Vtr - Customary Land Rights and Responsible Investment 25.
An investor wishing to investnent on any land subjectto comptiatrce customary law shall comply with proesses aDd procedures t"1sg1 wirh in this Aci and procedures sit out Uy tre UoOy rcsponsible for natio*1 koccdurcs' investment .

26.

Sustainable investment shall not be carried out in ateas p1e1sp1s6 designated as protected under- Arc.s.

(a) The National Protected Aea Authority Act Nt2.


14 No, The Customary land Ri?hls Act 2022 @) The Environmental Protection Act 2008; and (c) Laws relating to marine protection and protected areas IrlsdDld n. 0) A non-citizzn or foreign company shall not acquire a in land subject to cusaomary taw for i period lffs}* - lease hold -imerest excoedmg 50 years.

(2) At least 5% of the sharcs in any foreign land based investm€nt operating in Sierra kone shall be reserved for Sierra l.eoneam.
(3) Priorityforthe 5% sharereferred to under sub section (2) shal be given to land owners in the project commuity.

Maximum lr"d for invcsttucnt X.

(l) The maximum size ofland thet an investor may acquire initally for any single itrvesrnent in agriculture or mining shall be I 0,000 hectares excluding hi+ value conservation areas.
(2) For other types ofinveslments, excluding agricutture initally for or rnining the maximun size ofland an investor may acquir€ any single investn€nt shall be the 5,000 hectares.

(3) An investor may acqute additional land in accordaace with conditions set out in the Filst Schedule.

(4) Where an investor within 5 years fails to utilize or fully utilize the acquircd land for the purpose for which it was acquird the rmutilized land shall automatically revert to the latrd owners.
(t Dwing the process ofleasing land to an investor the parties to lhe lease and the relevant Govemment Insftutions shall etrslre that communities do not suffer land stress as a result of the leasehold.

(6) Where a leased lard is not under active cultivation or utilization the lessee shall allow arninals of commrmity members to graze on the tind or utilize the Land for faiming subject to the use not adversely affecting the business ofrhe leasee.

No.

The Custonary Land Rights Act 2022 I5 29.


No investnent shall trke place on any laod subject to InforEed customrq/ law uDless the inv€stor obtains the *rifren fiee, prior s16 Conscot informed conseut ofa fair reF€setrtation ofthe male and female adult members of the f?mily or community with rights to the-land 30.
An investor shall provide to conc€med communities the Ioformation following relevant information reratitrgto itrvestment before lhe $art to ofnegotiation to acquire the land - - coBm,-itics a) the nature, scope, risks and opporumities of tlre invesmenq @) business plan; (c) agre€ment obtained fiom the government and (d) any other relevant information.

31.
31.

0) therc is hercby established a fimd to be knovn as tesa the kgal Assistaoce Frmd which shall provide independenf legal Asistaoce - Fn!& assistance to land owners during negotiations.

- C2) The Legal Assistance Fund referred to rmder sub section (1) shallbe managedby the Human Riglts Commission *tich shall make rules for the management and use oftte Frmd.

(3) Investors wishing to acquire land subject to custormary law shall pay a contribution into the fund befor€ negotiating for the land 32.
An investor shall sign a lease €reem€ with the family or p6" commurity members on whose land dre investxrent will take place, Agftcocnts before the start oftte investment.

33.

(l) Acquisition of community land for invesunent shall cornsunity not be valid unless the investor obtains thc written informed consent meting for of a fair representation of tie male and female adult members offte ffffi6 commtmity during a community m@ting on th€ investnent as rcf€rrtd cotrscnt.
to under section 29. t6 No Tlt Cusrodary Load Nghts Act 2022 (2) Minutes ofthe meeting referred to under subse{tion (l) qhall contain 6 recor6 ofthe decision ofbolh 6e male and female meinbers of the commrmity .

(3) An iDvesor wishing to regist€r his lease agreement shall present- (a) a copy of the minutes referred to under subsection (l), rhe leas€ agreement and arry orher.
required documenB to the authorised officer of the Chiefdom Council for certification- (b) tbe certitred copy ofthe minutes" certified lease €resment and atry other required docrunents referred to under paragraph (a) to an authorised officer of the District Land Commission for registation.

Tcrms of s lersc 34.


In addition to the terrns that may be agreed between the investor and land-owning families or communities, the terms cotrtained in the Second Schedule shall form part of any lease agrDement conditions in .
le6c at&€ment 35- AII gender, etrvironmental, social and health conditions contained in licences obtained from a government agency or conditions to which an investor has committed to as palt of its to its shar€holders or investors shall automatically be commitu€nt incorporared into any lease agreement between investors and communities or families.

lrtrd to be Irgistcrcd bcforc ncgoti.tions 36.


(1) Where at the start ofany land negotatiom it is noted that the land is not legistered at the District land Commission in accordance with the National Land Commission Act 2021 the negotiations shall be suspended until rhe land is registered.

@) The negotiation for the land refened to under section (l) shall proceed after registeration ofthe land at the District l-and C-onnnission- No.

The Cwrorndry land Nghts Ac, 2022 l7 37.


A coomunity whose common resources or intercsts dlay commoo be affected by transactions between land-owning families and R6ourc€s- investon shall be provided witi an equivelant or better alternative souce ofthat common resources by the investor.

38.

(1) Government agencies may set minimum rat€s p€r Midmum sector for lesing of land for specific purposes, raLs.

(2) The minimum rates referred to under sub section (l) shall be reviewed at least every 5 y€ars.

39.
39.

An investor shall not intinge on the rights or interests of cornFrslriod Iawfirl occupiers of land and shall pay the lawfirl occrpier of land f.or prompt atrd adequate compensatiou fo;any aimrtance oitneir righ" :}ff": or intercsts.

q.

Where a land leased to an investor contains crcps tLc coepd{tic investor shall compensate the owner for loss of his crops i" f-g l* d accordance with rates set by tbe relevant gov"ao**, market value.

oa 6" "t* "g"o"y 41.


Commrmities or funilies may undertake or commissionm hdcp.trdcnt independent valuation to determine the rental value ofthe land to be valualio,- leased zl2 (l) A communityorfamily receiving land leaserurt shall Bank a.counr set up or designate a bank accou* for the rent paymenl (2) Signalories to the bank account referred to under sub section (l) shall be- (a) accountable to the members ofthe family or communiqr, and @) Iiable for any misuse of the ftnds.

l8 No.
l8 No.

The Custonary latd Nghts Act 2022 DemarcalioD 43- Demarcation ofland for investment shall be done with the firll participation ofthe families or cornmunities whose land is up for lease.

PARIIVIII.
PARIIVIII.

IIWESTMENTINDUCEDDI,SPT,ACEMENTAI\D RESETILEI}IE{T Displsc.mctrt and Rescttlcrnent ,14, (l) Iand inveslrent md€r customary law shall be designed to avoid the displacement and rcsettlement ofa community in whole or part (2) Whele displacement and rcsettlernent arc unavoidable the investor shall show thmugh studies, scenarios or ottrer means the reasons nhy displacement atrd rcsettlement are unavoidable.
(3) In addition to tbe information rtquired by section 29, an itrvestor v&ose operation is likely to lead to displac€ment and in fte short, medium or long terlq shall provide that resettlem€nt informatior, including preliminary sardies or assessments, to the fami?y or community wtose land is being sought.
(4) An investor who fails to disclose the likelihood of displacement and resettlement More lhe s,tart of negotiationq shall only be allowed to undertake any displacement and resettlement during the lifespan of the invesEnent if there is real and present danger to the life and livelihood ofthe community.

(, Any aftempt to cootravene subsection (4) shall constitute a breach ofthis provision as well as a fimdamertal breach of the lease agt€ement signed with the land-owning communities and frmilies.
(O No investrent-induced displacemrenl and rcsetlement ofa commrmity shall be undertaken unless (a) there is compelling need for it; No.

The Custonary Innd Rights Act 2022 i9 (b) the investor obtains the free, prior and bformed coment of the arfult mele and femalernembersoftbatrec{€dcommunity ; and (c) approved by govemment through tte ministry.

(7) The full cost ofdisplacement and res€filemetrt shall .

be bome by the investor, except in cases of natural disaster.
(8) Community members, particularly women and yodt, shall be consulted and meaningftlly involved in the processes leading to their displacement ard resetdemeat (9) The inyestor shall conduct a comprEheosive socio- economic baseline study in advance of any displacement and resettlement and submit to Government and th€ com.o0udty a Resettlement Action plan for approval and action.

00) Resettlement shall not r€sult living conditions for the inhabitans of the community.
in 6e deterioration of (ll) No displacement shall take place unless adequale mitigation me{rsures to be utrdertaken by ihe investor have been included in lhe Resettlement Action Plan atrd age€d with the community, ensuring that anyone suffering economic losses is firlly compensated and livelihoods ofaffectedpeoplehavebeen enhanced or at least restored.
(12) No agreed displac€ment of affected p€rsons shall corrmence until the mitigation measures have been completed including pa)rynent ofprompt and adequate compensatim or delivery of rcplacement housing or land acceptable to the afurd people, of compamble value and certified fit for habitation and use by both Govemment and independent assessmenl n No The Custonary Land iJglrls Ad 2022 (13) The investor shall provide a S-year guarantee on all sfiuctues built in the ne.ry localion and shall make good any damage arising Aom use ofsubstandard n*erials or poor worknanship (l ) Displacsmert ofa commudty sball not start until all in the new locdion ed rcquL€d sE rttues brve been construct€d certifred fit for habitation and usc by both Government and bdepeDdeDt assessment Rcscttlemcnt action Plas 45.
The Commission may by statutory instrument make for a resettlement regulaims rel*ing to ttc minimum requirem€nts aaion plan PART D(- GRIRVANCERE)RESS lrtrd tcolrlr Disputrs tl6.

(1) Land tenurc dispues arising wilhin the Community may be refe[edto lh€ Tonn or VrllageArea Land Committee or the Chiefdom La.nd Committee for resolution in accordance with cusromary law.
(2) The Vilage &ea knd Committee and the chiefdom Iand Commitee shall address dispute in accordance with &eir byo laws \rlhich <hall comply with customary and national law.
(3) A pofty lhat is dissatisfed wift the oltcome of a tenurE dispute before a To$m 6 Vilage l-md Cdmittee or a Chieftlorn I-and Commitee may appeal to the Disrict [.and Commission (4) A party to a dispute before the District Land to the Commission that is dissatisfied with the outcome may app€al National laad Cmmission lleadquartcr in Freetown (D Wtere a commudty or family brings a complaint against an investor before the Town or Village &€a l-and Committee the Chiefdom l"aod Committeg lhe hvestor shall cooperate wirh these aurhorities until the complaint is resolved or withdrarrn (Q Complaints ofa sp€cial nature such as environmental 6l mining related shal be directed to tht Ervironment Protection Agercy or &e Nalional Mining Ag€qcy No TIE Custonaq, Iand PJghts Acl 2022 (7) Where a complaint is before a partic.ular grievance mechanism for redress it shall not be enquired into by another grievance mechanism at the same time unless the complaint is withdrawn (8) No adverse infer€mce slta[ be drawn against a party who wi6draws a complaint from one grievace mecianism and files the same complaint to another griovance mechanism (9) A decision ofa grievance mechanism $all be given in writing and may be enforced by a party brougb legal actim in court or by complaint to the industry r€gulator.
00) An aggrieved p ty may take a lmd dispute to thc local court or any appropiae court instead ofusi4 any ofthe disputc resolrrion machmims outlined md€r sub sections (l) to (O.

PART X.MISCEIIEI\'EOUS PROYISIONS ug.


Section 18 of the Chiefdom ComcilAct 1960 is rcp€al€d Affi and replaced by the following new section - ofs€ctim lt 18 Subject to rhir Act 1€at actions ofcsp6l mrY be irstiEtat bY ald .gainqt (a) the Chiefdom Council; (b) any town or village and replaced by the following new section - 4lL Section 34Aofibo Mines and MineralsAct2m9 is ttpealed Arrgldmens of Section 34A of Act t $all be made diredly e0 6" No.

12 of 34A.
12 of 34A.

Rent paym€ families or comnunities with righs to lad wiEr€ss€d by the Paramount Chief of the Chiefdom subject to mandatory tax reduction.

*- 1y,o .
49- The Minister shall by Staatory fusg1a1gj15 rnrte RNIes Regurdim and Regulations to give 19 dris AcL "6661 f), Registration of leases under this Act shall continue in Trlasitiooal accorduc€ with the Registration of InsEr.mentAct Cap 255 r.mtilhe Ptovisioo institrtions established under the National Lnd Commission Act 2022 are op€rational 2 No The Customary land Rights Act 2022 SCI{EDIILE First Schedule Terms on which additional land mav be acquired l. The investor should have used up all or substantially all the initial land acquircd for its business.
2 The investor should not be in breach ofits lease €reement with the communities or in breach of any of its licence conditions from fte Environmeat Protection Agency, tte National Minerals Agenry or any other govertrment reguLator.

3.
3.

The investor shall draft and submit a business case for additimal land s€sing our fte following (a) The reason/s for the additional land and the amount ofland required (b) The available funds to be invested in the additional lanrL (c) The likely impact ofthe additional acquisition on Iand supply within the cornmrmit5r or communities hosting lhe itrvestmenl (d) (e) Timeframe for the utilisation ofthe additional land.
Likely impact of{te additional acquisition on the sources of water across the commtmities.

(f) altemative methods of achieving i6 business aims withod additional acquisition of land.

4.

The investor should provide dvidence ofinitial discussion with communities on tlr additional acquisition urd "in principle" consent from the community.

l. The investor should have been supporting a robust out- grower scheme within its area of operation.
6 The investor should undertake additional environ- manal, social and health impact assessmeot in respect of the additional acquisition No.

The Custoirary Larrd Rights Acl 2022 B Second Schedule : Terms ofa lease agreement Any lease agreement signed between a community and an investor shalt include the following infonnation l. Parties to &e contrdct.
Ifthe community is leasing shared lands" the name ofthe entire community shall be the party to the contract, not specific leaders' nardes; ifa family or group offrmilies is leasing the land, the contract should have the name of the family and the name ofthe person/s signing on behalfofthe frmily as panies to the lease.
2 Description ofthe investment A detailed specific descriptioa of the invesme that will be buih within the land leased, including how the land will be use4 wtat fufrastructure will be built to support the investment, what witl be produced and how fhe goods produced witl be transported out of the community.

This section shall also include the process t}le investor must follow to seek commmity permission to build additional infiasEuctw€ not expressly described in the conhact 3.

Description of the land.


A description of the land that will be used, including the precise area and the total number of acrcs or hectares of land that the community has agreed to lease to the company.

To ensure thal this is clear, the conract shall contain a map, and the global positioning system (GPS) coordinates of the exact area of land leased.

The investor shall erect markers at the bouldaries of the agreed land and not expfid operations past the agreed boundaries.
4- Expected use of natural resources- A descriptiotr of what changes the company may make to the natural landscape, what natural resources the investment may use, and on what terltrs; and any rules the company must follow when using or accessing natual resources located within the leased area- 24 No.

The Customary Land Rights Ac, 2022 5.

Expected environmental impacts.


A detailed description ofany expected impacts on the soil, water, air, and plant and animal species within the bourdaries ofthe leased land.

6.

Pa)ment of rent.

Detailed description of what rental palments will be made, the timetable of when they will be paid, and how the payments will be delivered.

The contract shall include periodic adjustments for infl ation 7.

Fulfilment ofbenefits.


Ifimprovements or infiastructure are to be built as part oithe payments, details con.. .rning: who will build the improvements or infrastructure, th€ end date by which it must be buill the specific materials it must be built with, where it will be Iocated, the penalty if the investor does not complete the infrasfruct',re projec!

and any necessa4r details concerning the on- going m.aintename of the infrastructure over the duration of the leaseh,.rld.

8.
8.

Lrulfi.lrnent ofemployment mntracts for community members.

lf jobs are to be provided, details conceming the p€rcentage of the ovtrall workforce to be hired from within the commuoity, tbe f,ercentage ofmanagementpositions to be hired fiom the commrmity, the job t-ahing to be provided, and the internal human rcsource grievance mechanisms aod processes available to the conunurity if worters arc mistreated or unpai4 or if company workeE mistr€at con'mmity members.

9.
9.

Community access and use ofthe leased land.

Clear protections fi.rr community livelihoods and contitrued use of local natural resources, including where, when, how and under whal chcumstatrces the commrmity may access, enter, pass thrcugh or otherwise use the leased land and all nahrral rcsources located therein.

10.

Protections against - and compensation for - damage to the community's ecosystem and environment.
Detailed r€quiremena concerning what the company must do to avoid or minimize air pollution, \yater pollution, soil pollution, noise pollution, light pollulioL hann to plant and animal species, and damage to historically and culturally important sites.

Such requirements shall include what No.

The Customory land Righx Act 2022 25 the company must do to rcmedy such pollution if it occurs, including wtrat damages it must pay ifcommrmity healdl livelihoo4 food security and welfare are negarively impacted.
ll.

Rules to regulate hvestors' conduct within the community and to prot€ct against social d,mage to the commmity, including actions taken by compay employees.

12.

Compliance monitoring.


Detailed description of the community's right to monitor the company's activities to ensure against pollution, social damages, and general non-compliance with the lerms ofthe contract, including who, when and how such monitoring shall be undertaken and reported upon- 13- Grievanc€ mechanisms and dispute r€solution protocols.
Deailed and clear description of the process by which the community and tte investor will resolve any disputes that arise over the course of the leasehol4 including the location, language, and procedures for any ADR or mediation process, and how decisions or agreements about grievanc€s or complainrs will be made and enforced 14.

Rules conceming communication between the community and the investor throughout the duration of the lease.
A detailed plan and timeline for how the community and the lessee investor will communicate - wten, where and in what language - concerning: changes to the investnent or business plan; annual revenues, profits and losses, information about changes to the company's ownership or man:gemetrt information relevant to environm€ntal impacts, and other significant i:- ibrmation.

15.

Breach of contract.


Deailed description ofwhar kinds ofactions or effects would count as serious and non-serious breach of the contract, as well as consequeDces for serious br€ach of contract (including termination of the leasehold), and required comperisation and remedy for such breaches.

16- i{ssignment of rights.

If lhe conipany changes ownership, a clear mandate that fte new company must be bound by the existing contracL 17.

Periodic review and renegotialion of th€ contract.


If the lease is for ;; ft[ yeaN, at what point and under wfiat circumstances will tte contract be reviewed and potentially amended No.

The Custodaryt l,and Rigfus Act 2022 lE.

Goveming laq including which laws shall apply, and how the conrmunit/s customary rules will be considered.

19.

End date, terminatiou a.od cont-act renewal process.
The end date of the contmct and wlrcther and how it can be renewed, the process for renewal, and hoq should the leasebold end, how any improvements to the land will be distributed or disposed of, as well as the investo/s drfry to rcstore or repair the land and environment d the completion of its investmetrt.

Third Schedule Formrt for teltancies Custornan te{rnc,les shdl contain the followins basic terms: l- Names and addresses ofthe tenant ard landowner 2 Basic description ofthe land to be occupied.

3.
3.

Duration ofthe tenancy 4.

Consideration to be paid or given by the tenant 5.

Special conditions, ifany, that tenant should comply with in lieu ofor in addition to the consideration 6 Whaher interest oftenant is assignable or capable of devolution in the case of death- Format forcuslomary land pledge Fourth Schedule Customarv land oledpes shell contain thefollowinq basic terms: l. Names and addresses of the pledgor and pledgee No.

The Cuttomdry Lahd Righls Act 2422 n 2 Description of &e debt 3.
Basic description ofthe pledged land 4.

Rights and obligations oftte pledgee (e.g., possession of pledged lan( assignment ofrighb) 5.

Rights and obligations ofthe pledgor (e.g-, redemption of pledged land) Special conditions, ifany.

MEMORANDUIVI OF OBIECT AND REASONS The Bill is divided into ten parts.

Part I which is the prclimiaary part deals with the interpr€Etion and tte application ofrhe Bill.

The interpretation clause defines words and phmses used througtout the Bill.
The application clause stipulates that &e Bill should eply thougho$ Sierralrone r Paa II deals with provisioDs relrring to righs of individuals and oon- discrimination -Clause 3 provides that all citizem ofSierra Leone should have the right to acquire any land that is ssbject to customary law.

C lause 4 provides for the el imination oful 61"".ia1a31i6a apinst a Sierra Leonean Citizen.
It stipulates that a citizens should not be refus€d rhe right to hol4 use or acqute land thar is subject to customary law based on the person's gender, tribe, religion, ethnicity, age, marital status.

Social status or economic status.

Part III deals with gender equality .

Clause 5 stipulates that the right to own, hold, use, inherit, succeed to or deal with land subject to customary law should be guaranteed to both men and women equally.
It finther stipulates that any customary a NG Tle Customary land Ngha lct 2022 law,+''t er<chdes, limis or inhibits women fiom owning holding, using, Ea.nsfering , inheriting , succeeding to or dealing with land subject to customary law should be voirl Clause 6 stipulate.s that land acquired by persons who are married or in a domestic reldionship shonld be registered in the names of the husband and the wife.
Upon a dissolution of a marriage a spouse should be entitled to a fair disposition ofany land acquted during the marriage Pan IY contains pmvision on the Chiefdom Council and family land title.

Clause 9 pmvides thc lhe Chiefdom Council through fte chiefdom, town or village area land committee should have oversight responsibility over land .Clause 10 stiP ates that titte to family land in rhe provinces should be vested in the family as a unit.
It ftrther stipulares tbat both male and female members of a family owning land should be entided to the see rights and privileges irespective oftheir gender , domicile , marital or otter status.

Clause I I deals with collective cons€nl thx where rhe head ofa family owning latrd wishes to enter into any tansaction he It states should seek the nritten informed consent ofeach male and female members ofthe family.
It futher stipulates ih,r atr ofrc€r ofthe Distrid Registry before registering any lease or sale of a fmily land should request Aom leas€e or purchaser the docum€nt contahing the consmt of the hmily members.
PaI1 V contains provisions on commmity land- Claus€ 12 stipulates that tide to communal land in towns or villages should be vested in the community and slrould be managed ond adminisertd by the Tonn or VillageArea knd Committ€e on behalfofthe commrmry Clause 13 stipulat€s thal title to communal land in a chieftlom should be vested in the people oftle Chiefdom and should be managed and administered by the Chiefdom tand Committee on behalfofthe communiw Part vI deals with ecologically sensitive area .
ClaBe 20 provides that an authorised officer should ensure that wetlan4 wildlife habitats, steep slopes, old No, The Custon dry Land Nghts Act 2022 D growttl virgin forests or ay other ecologically sensitive arcas in tlre provinces are protected from degradatioD Part VII de3ls witt customfiy lmd rights andrEsponsible investm€nt.Clarse 27 provides thd the maximum land an investor is entitled to is 5,000 hectors atrd this is subject to the investor comp$ing with certain conditiom set out md€rlhe Bin Part VIII deals with investuent induced displacement and rcseclement .Clause 44 stipulates tlat land invesment should be designed in a manrcr as to avoid displacement and resetlement ofa community.
It finfier stipulales thc the firll cost ofdisplacement and rcsettlement Sould be bome by the investors except in the cases ofnmrral disaster.

It also Fovid€s that r€sefilement should not resuft in the deterioration ofliving conditions for the inhabitants oflhe community.

'fhe investor is required to draft a resettlement astion platr and submit it to ffe rclevart govemment agency for approval .

Part Ix de3ls wi& settlement of land disputes.


Clause tl6 stipuldes that land tenure disputes arising within fte commmity may be referred to the Town or \tllageArea land Committee or the Chiefdom I-and Committee for resohrtion Part X deals with miscellaneous provisions .

Ministry of Lqra, Housw and County Platming.

DRTI,]RADSENESIE SESIE\,BE& 2021 FxsElolvN.

PRrrrED ^rD PrrBUsnD ByrrEGovBNr@.r PRBrDT DE?^xrrcar, SEr l,to B G,rzerrr Exra.roowerv No.

47 or $rr JuLr 2022.