The Customary Land Rights Regulations, Statutory Instrument no. 12 of 2023

S'T-ATUTORY INSTRUMENT Sudern2nt ao tl? Sierrc L.one Ertrdordinary Gae'te Uol lrol- CLXIV' Io' 65 da,ed 2n,h Octobza 2023 TID CLTSTOI\IARYLAND RIGHTS REGUI-A1'IONS, 2023 ARR.A.NCEMENTOF REGULAIIONS Regulations. PART I . PRELIMINARY 1- Definitions. 2 Application. PARTtr-STANDARDS FORINVESTMENT INDUCED DISPIACEMENT .{NDRESETTLEMENT 3- Disclosure of infornation to conoemed comnrmity. 4. Persoqs to cons€Dt to displacemcnt. 5- Content of studies aod iflstsumeDts required. 6- Five-yearguam:;'.ee. 7. Power to aPprovt ili'estueDt-induced disPlacemed PARUtr-PROTECTION OFE@IOGICALLYSNSIITVEAREAS & Prohibitedacdlities. 9. Detenninationofbuffer. lO. Rm-offor spillage oftoxic or harrrfitl substace. I l- Report ofobsen'able changes or hant to ecologically seasitivc area 12. 13. 14. PARTIv.j'RESENNONOFI.A}IDSTRESS Land to be registerdd lrfore regotiations I-€aset€m limit. NoD- applicatiun of Part. I PARTV.CUSTOMARYI.ANDRIGHTSANDRESPONSIBLEINVESTMENTS 15. Regulation of single lease agreement wi:h mrrltiple ladowning families or cmmuldties. PART VI. RECORDING L^.ND TPJiNSACT1ONS 16. Reords of transctions to be kePt' PARMI -IEASEREI-ATED DISPUTE RESOI'UTIOi{:ARBITRATIONAND MEDIATION 17. Arbitration may be desiglated' PART\M. CUMANAGEME}iTOF ECOLOGICALLY SENSITIVEAREAS l& Committees to Danage ecologicaily sensitive areas' PARI D(. INFRINGEME}iT AND PENALTY 19- Intingement and PenaltY' Schedules STflroRY INSTRUTG].'I No. 12 of 2023 Publisled 20th Octobr ,} 2023 THECUSTOMARY LANDRIGHTSREGTJLAflONq 2023. In exercise of the po\f,ers confered upon the Minister responsible for land under section 47 ofthe Customary Land Rights eci zoZZ, rtte Uinister hereby makes the followhg Regrrlations PARII-PRELIM]NARY THE CIJSTOT4ARY L,AND RIGHTS AgI, 2022 (ACT NO. 20 Ol 2022) l. In this Act, unless the coDtext o6erwis€ requkes "Act" Deaos The Gr$otnay Lsnd Rigbts Act, 2022 (Act No. 20 of2022); "arbitration" means a commercial sbirafon vihetter or Dot administercd by a penndEnt aoitral institutioll: "authcriscd offcer" carries the meaning in settion I of lfie Act: "botil:rnd" means tands rhd are flooded in lhe rainy seasoD but dry ill the drY s€ason; "carbon inve$metus or projecs" meaa irvestmen8 or projects tllat aim to Preserve wetlands, wildlife habitat;, steep slopes, old growth or virgin forests, or other ecologically sensitive aEas; Short title loteaprct&trofl .| 'co-mana[ement" meaus the joint control or-ir"iln"-f""i of "cologically sensitive areas by a'vuu6n o f-U c"r-iu". chbfddn Envimmt€o! dffiiri. .ittti"ftlom Council Commiftee aDd fte ilpo-*iuf, g"".t *ent agenqr based on €reed terms; "disphc€xnent! includes physical and economic displacement: "ecologically sensitive area" carries the meadng insection I of the Acg "foreig! coDPanY" neaos 6) a compauy incorPorated under the laws'-' of Si"'t- 'froo.'in rYhich tbe majority iha:es are not held by citizens ofsierra Leone; (iil a comDay incorporated under rhe laws'-' ora c6uniy oodr than sierra kone; CO a parmershiP in which the controlling'-' i"i"t"s is o'wned by a person who is not a citizcn of Sierra lgne; "foreign laDd-based inveshpnt" means an inveshent owned bY a foreign comPanY; "investor" means aD individuat or legal etrtity undertaking an invesb:reng "land stress" means the acquisition or use of iiJ*a.i,n" e"t, *ithin a village or chiefdom that io,r-ft" io -ot Oi" a 70 o/o redrction of available land for uso bY the communitla "lease agreement" means a graot of a specifically defJ arca of land in wdting for aterm ofyears and contain an obligation to pay rent' sigEed by the landowners as lcssors and those rerting tlrc land as lessees; 3 "MinisteC' meam the ministry rcsPonsible for lald and Ministry shall be construed accordingly; "resettlement action plan" means a comprehensive plan developed by an iEvestor with the full padicipatron ofthe communities or persons to be rcsettled that covers the issues inthe Third Schedule of the National Development-Lduced Resettlement Ac1 2023 (Act No. 20 of2023). 2 (l) These Regulations shall apply m (a) land subject to customary law; or O) an investulenl in land un'der customary tenure, \yhose activity will result in the Applicadon displacement of a courmuairy or Persons within a commmity. (2) An hvestnent to which rhese Reguldions apply' sball comply with the Acq these regulations, the provisions ofthe National Development-lnduced Resetttement Act 2023 and other applicable laws. (3) Unless othervrise expressly stated in these Regulations, in the event of inconsistency, the Act shall take precedence over the Nalionai Development-lnduced Resetdement Ac! 2023 or aay other law. PART II - STANDARM FOFINVESTMINVT INDI}CED DISPT,ACEMEI{T AND RESETTI.EMEIYT 3. 0) A" itrvestor shall, iD accordaDce with section 29 of Ditclocur€ of the ect, provide to concerned communities the following reletf ftffim information relating to investment before Ale start to ol DegouanoD coltrmurity, to acquire the land 4 (2) In addition to the hformation required under sub re$latioa (t), an investor whose operation is likely to lead to AJpiuon*t u"a ."otlement in the short' :nedium or long tenn shall io u""ordurr"" with subsection (3) of section 43, provide that iofor-rtior, including preliminery studies or assessments' to the family or community whose land is being soughL (3) An investor who fails to disclose the likelihood of displacem"ot ut tt e stat ofn€gotiations for tbe acquisition of land' uot *ho." op"-tioos subsequetrtly make displacement unavcidablg (a) the nature, scope. risks and oPporttmities of the invesfineng O) business Plan; (c) agreemeot obtain€{t from the governmentand (O any other relevaff information. (a) suspend its oPerations inmediqlely' iftherc is a r&l and present danger to the life or livelihood of lbe communiq'; (b) undenake the studies and assessmeDts required by section 43 ofthe Act: (c) Drovide lhe oulcomes of the srudies and assessment to the communities, including where likely, a proposal to redesign the investment to aYoid displacemetrt and resettlemeol. in the lrnguage that they uDderstanC: be liable iil {i?lljlrg€s tc the community or Dersons lhat will be displaced' lYithout prcjudict to any otber remedy that may be available to such Persons bY law shall (d) 5 (4) An investor who fails to comPly $drh sub'regulaiion (l) shall be issued an enforcemenl notice under zubsectiol (l) of siction 32 ofthe NatioDal DeveloPment-Induced Resettleme Act" 2023, requiring the investor to comply \f,ith the Act. (, An investor shall not be allowed to resurne operatiotrs unless (a) such operations no longer constitut€ a danger to the life or livelihood of thecommrmitY; and (b) the investor shows evidence of compliaoce with paragrapbs (a) to (d) ofsub-rcgulatiol (3). (Q An investor shalt wher€ disPtacement is a[owed to proceed in accordance with zubsection (O ofsection 43 ofrhe Act' ' (a) employ a credible professional or professionals, to cotrduct a comprehensive sociocconomic baseline study in advance of any dispiacement and reset{ement; atrd (b) submit to Govertrmeut and the community, a resettlement action platr for approval and actiorL in accodance with subsection (9) of sectiou 43 ofthe Act and sectioo 22 o f the National Developmenl-Induced ResetdementAct,2023 a (t) An investment-induced displacement and resettlement ofa communiSr shall not be undertaken rmless, in accordance with paragraph (b) ofsubsection (Q of section 43 oflhe Act, the number-of Persons consenting to the displacement is al least 609i, of the affected aduh maleand female members of the commuity that wilt be displaced. (2) The documetrt of coment to the displacement shall be in such forrr as sPecified in Schedule 5. Peasons to coascot to disph.cEent 6 (3) Wbere the studies required under paragraph (a) of "uUr"gutui* (f ) ofRegulation 5 ' rs undertaken' p€rsons that will be airt i "ff*t"a p*icularly u onr:n and children' as well as Vrllage e*"riO CU"fari Land Commincer stra! be consulted iD (a) a time lY manner: (b) an accessible Place; and (c) a form and language under$andable to all affected persons lncluding' physically challenged Person-s' (4) Evidence of consultation ''rnder suLregulation (3) shal be tloomented in the manner specified in sub-regulation (2)' 5. (1) The content of tlle studies a'ld instuments required to be conducted by an investor undertaking resettlement under *u"J." iij .r tir,ton 43 of the Act shall include matters and issues set out in Corte,It of studics ard itrstrumerts required. (a) (b) the Acq the' National Development-Induced Reseulement Act 2023, particularly the Second and Third Schedules; (c) these Regulations; aod (O standards on investmelt-induced rcsettlement that mayaPply to the investor' (2) Where ao inv€sror is bound by financing or certificafion standaras that set out more strirlgent enviromental aod ,o"U -i iga,iott-"o,*. ard requirements for investrcnt-induc'd aiqpf"""-; th- ttose in the Act, these Regulations or the National Oeiaopmen-fnauced ResettierDenr Act 2023' such more slringent "tuna*is shalt Ue applicable 'rs i r ' err ofthese Regulatiom' 6. (t) The five-1e3r $uJ: " ' 1 r:vided in subsection (13) of sectioni3 ofthe Act on all struoures constructed br aa investor in a resettled area inay be in the fon ' " i Five-year guar rtet. 7 (a) a cash deposit by &e investor, ofan amotmt to be determired after assessment by tl}e Director ofthe Rescttlement DePadrnent of the Ministry responsible for planning and ecoDomic developmeDt, it o an interest bearing bank account controlled by a male and female representative of the Chiefdom Lard Committee, the investor and the Director ofthe Resettlement DepartsDent of tbe Minisu-y resporsible for plarming and economic developnenq (b) accrued interest otr the cash deposit mder paragraph (a) which shall be teared a part of lhe deposit: (c) a bark guarantee taken out by tbe investot or (d) an insurance Pol.icy takenout bythc investor with the resettled community as the beneficia-ry (2) A formal notice shall be conveyed to the afrected persons in writing, as well as verbally, in a langlagg mdcrsGrdable to thenr, infonning them of (a) the t"rms and conditiom of thc frve-year gllarsltee; (b) 6 mcnths prior to the end of the guarantec period, alerting tiem of the upcoming exoirarion ofthe five-year pcriod (3) EvideDce of delivery ofa noticc rmd€r sub-regulation (2), shatl be deposiled lvith the Chiefdom l,ard Committce aEd &e Dir€ctor ofthe Resetrlement Department and a final notice sball be deli!'ered in similar form one montl bsfore thb ergiration of the guarantee period. 8 (4) After th€ expiration oftbe fiveybar guara ee.ryriod' and with.ina grace-period of 12 months following the final nirtice to the affected persons" (a) the cash deposit or auy unused portion shall be returned to lhe investor; (b) &e ba* guanrntee or the insurance policy maY bc cancelled bY the investor' (, An investor shall, priorto claiming tho u'used deposit or cancellation ofthe baok guaradee or insurance policy under sub regulation (4), notify lhe Chiefdom Land Corunitee and the affected p"isons ofiue explry ofthe guarantee zrod cancellation ofthe deposit amounl approve inYcst8cnt Mucrd displacemcnt. Prohibircd actiYities 7- The power lo approve itrvestment-hduced displacement conferred on the Minisry uder paragraph (c) of subsection (6) of section-43 of rhe Act sha bc exercised on the Minisly's behalf by the Director of the Resettlement DePartment of tbe ministry responsible for planning and economic development PARTItr.PROTECTIONO}-ECOIOGICAILYSENSITIVEAREAS & (l) Pwsuant to scction 2l of th€ Act, a Person shall not undertake mining, plantation, farming. housilrg or any other developme activity, wi&in, near or adjacent (a) a wetland; O) wildlife babitat; (c) st€€p slope; (d) old growth or virgin forest; or (e) ottrer ecologically sensitive areas Q) 't4'ater bodies fourd within wetlands, wildlife habitats' old growth or virgin forests and at the base ofsteep slopes are deemed to be €cologicalty sensitive and protccted ulrder these Regularions (3) Logging and charcoal br:rning shall not take place on, withirq near or adjacent a we an4 witd life habitat, steep slope, old growth or virgin foresti' (4) Cultivation ofnoD-p€rmatrent crops on svampland or boliland or &e developmem of aqua-cutture on swampland shall Dot b€ coDsidercd prohibited activities. (, Activities prohibited under suFregulation (l), shall no1 be undertaken in places n'here the Wildlife Com€rvation Act 1972, the Forestry Act 1988, The EnviroDment Protection Agency Ac* 2022 and tte National Protected AreaAurlnrity and Consenration Trust Fmd Act 2012 apply. (O Regulatorj- authorities such as the National Mmerals Agency and the Envi-ro nent Protection Agency sbaq in granting mining or eovironmental licences, take into accomt ofs€ction 2l of the Act and these Regulations. 9. The deterrninatiotr ofbuffer between (a) the Environment Protection Agenry in consuitaticn with tlre commrmities in strch areas: a:td (b) the National Protected Area Arxhority, or otler releva ageDcies, in the cas8 of (i) a oriniEg activity and awetlaud, wildlife babitat, steep slope, old growth for€st er .\ther ecologically sensitive areas shall be deterrnined, based on the sellsitivity of the area atrd the nature and scope ofthe mining activity. Dc!c.min{ico of bufrer. 9 l0 RurFofr ot spilhge of toxic or hrrmful subst.Iloe. Rcport of obscrvablc chatrgas or haiE to e.ologically sarlshiYc ra! 0, a plantatioo, farming oPeiation, housing or olher development activity and a lvetland, wildlife habital steep slope, old groFth forest or other ecologically seDsitive area shall be determined, based oD the sensitivity of tle afea and the nature and scoPe of rhe plantation, farming, housing or other develoPmetrt oPeratioL 10. O) An investor shall preved the run-off or spillage of emuent, ;*te, slualSe or other hamlfi substance fiom is operations from toxic or€nt€ring ecoiogically sensitive areas. (2) An investor stlall be stictly liable for the run-offor spillage ofeffirEDt, vastg sludge or other toxic or barmfirl substanc€ into an ecologically s€nsitive area I1. 0) An authorised officer ofthe EtrvtonmeDt Prolection Agency shall be rmder obligation to report, disclose or notrry observable changes or harm to an ecologically sensitive area by (a) a member of &e public including a member sensitive of a community, neighbouring an invesEnent project, or where &e investnent is located; (b) an €mplo)€e fi conFactor ofan investor who becomes aware of actions of tbe investor thal may result in harm to €cologically sensitive areaq to helP PrcveDt such harm to an ecologically s€nsitive area. (2) A mstnb€r of the public or comnrrmity or an employee wto makes a report rmder sub-regulation (1), shall be considered a wbistle-blower and shall enjoy protection uuder the complaints process ofthe EnviroDn€nt Protection Agency. ll (3) A complaht or notification ofharm or Iikely halrt to an ecologically sensitive area made under subregulation (1), shall be speedily and comprehersive$ investigated by the Environment.' Protection AgeDcY (4) The Environment ProtecionAgency may, wtere initial investigations show that carntinued activities ofan hvestor constitt te a clear aad present danger to an ecologically sensitive area' suspend the operations of the investor until effective plEventative action is deploye{ and the dargrr is averted. (, An investor whose operation is proven to have caused harm to ao ecologically sensitive area shall be (a) liable for O the cost ofrestoring lhe ar€a back to its original state; and GD harm, loss or injuor caused to Persons or communities relying on such areas; (b) subject to additional licensing conditions by the Environmeot Protection Agency. (6) At the expense of the investor, quEterly inspection visits may be coDducted by an authorised officer from the Environment Protection Agency, of the operations of the investor and iE effect on the ecologically sensitive arca and after 2 consecrtrive years ofnon-violatioo, tte i.osPection visits may be reduc€d to twic€ yearly and subsequently phased out by the Envircnment Pmtection Agency. (7) An investor lvho has been formd liable for causing barm to an ecologically sensitive area shal! without prejudice to requiremen6 under any other law aPplying to the investor, t'ke out a batrk guarartee or inswanc.e or make a deposit in m atrrou to be assesJ by tlle fnviroDment Protection Agenc, for the iluration of its investsnent activities. a lrrd lo bo tEgistcrcd bcfore ncgotiations. (8) The Environmenr Protection Agency shall determine the appropriate instunetrt that the investor may take out rmder sub regulation (7). (9) An investor shall, at lhe F-nd of its inve$ment, be eotitled to recover the bank guarantee, insurance, or deposit under sub regularion (7), after it is proveD by the EDvirotrment ProtectionAgency that no frrther harm has been caused to the ecologically sensitive area by the investor. PARTIV. PREVENNON OF LAND STRESS I2 (l) Pursuant to section 35 oftbeAct where at the statt of a and Degotiation it is noted that the land is not registered at the Distsict l,and Commission in accordance with the National Lmd Commission Act, negotiatioos 2O22 lhe negotiatious shall be suspended rmtil the land is registered. (2) The negotiation for the lard under subsection (l) of section 3 5 ofthe Act shall proceed after regishation ofthe land at the District LaDd Commission, (3) A potential invesor seeking to lease tand and the hmily q commrmity &om whom the land will be leased shaU, during initiat duediligence and negotialiont \,york together to establish the total size of la available to that fumity or community in lisu of registratiotr ofthe land under the National Land CommissioD Act, M. (4) Where such data is unavailable, the investor and the funily or community may se€k assistance from rclevatrt govemment iDstitutions to come up with a "b€st estimate" of the total available land size. (5) Sub-regulatioos (3) and (a) shal! be followed until the Disrdct [.and Commissioa is opemtional and after, the District Land Comnission becomes operational. section 35 of tle Acl shall be ccrnplied wilh" 13. (1) An investor shall not lease, and - t cari'tcrm litnit. (a) a villageArea Lad Comnittee shall not offq; to lease more thatr 709lo of the availablecommunity land in the village; or (b) a fanily shall not offer to lease more &an 70% ofthe total land owned bytle fzrnily (2) The Chiefdom Cormcil shall contrm, befole certifying a lease agreedrent in accordance with section 12 oftbeAct, that both parties to tte lease bave complied with sub.regulation (I), in order to eosr.ue tiat communities do nol suffer lmd stsess. (3) Aa investor submitting a lease for reEistration shall provide a stat€ment affrming compliaace with sub-regulation (l) (4) A lease agregment sball not be registered in the absence of the required stalement affirming complimce with sub-. regulation (1) and a false declaration ofcomplialce shall rendetthe lease agreement void and result in automaiic de-rcgistration (5) A-u investor who has l€sed more ltan 7V/o of the a ilable co{rmmity lard in a vilhge ormoe tha 7vlo ofihe available family land shall surrender the excess land back to the lessor and shall forfei! ifany, all improvsments made on the land (Q An investor wlro surrenders land leased in excess of the limitation shall ensue tlmt such land is put back in the srate that it was in, at the time it was l€sed (7) Where a family or village has leased up to 70olo ofis available land size, additional land shall not be leased fiotn lhat &mily or vilage by aay investor. Noo agpliorrion of Part. 14. Regulations under this Pan shall Dot sPPly to 1i t4 (a) carbon iDvessnents or projects; and (b) investments rvhere the mineral or product ocsurs across the eotire landscape of the vilage. PARTV.CTJSTOMARYI.AND RIGiITS AND RESPONSIBL.E INVESII\E.TTS Regulation of sirgre leasa agreasretrl wi& multplc ldd-o*ning , faruilies or tomrBuaities. 15. (l) An hvestor may, with the written, informed' consat oE at teast'OrOoZ" ofthe nrale and female aduh membes ofthe families #"*--iti"., sign a single lease agreement with mrltiple land owoi"fariU"" - L.-,.ities within the same Chiefdorn' (2) An investor shall not sign a single lease agrcement with fmilies or communities across two or more chiefdoms' whether cmtiguous or not Q) Where a single lease agreernent is sigpedlih^y'hp& Uaa-oln n;ni Amm"s or communities within the same Chiefdon' the S.IedU" to-tn" t*". and the accompanying surveyplan shall speci! tle lund size ara lo*tion that each family or commuoity is leasingto tte inv€stor. (4) Negotiations leadi.ug to the sigDing- of the-lease uga""r"oi thutt tin".t th" bargaining positions of the -differetrt 6r io or "ou*,*itio and nothing in this Regulation' shall prevert "oUfrmilies o, *.-*ities from negotiating as a collective if they so desire. (, Families or commuaities who are parties to a singJe lease agr€e;eDt shalt be paid their ;ent or other compnsation due them as-unis, into their respectile banl accouats in accordance with section 4l ofthe AcL (O Wh€re, in the case ofa family' a batrk accountis not available, rem shall be paid by cheque to th€ family head or a designaed rcp .,resentative of the family' l5 (, Sub-regulation (6) shall apply in 8U situations which require payment to a family to be made into a bank account under the Act (8) A single lease agreement for multiple fanilies or communities shall in addilioD to the terms in the Second Schedule of the Act, set out in specific rerms, tbe disptrte resolution mechanism and process appiicable to such arraogemenl (9) Notwithstanding sub.regulation (E), a dispute arising Aom the lease agreement between the inyestor and oDe or some of the families or communities shall not be aeated as a dispute with all rhc parties and tte ncn:disputing parties shall conthue to bc bourd by tJre t€rms ofthe lease agreement while the dispr*ing prties sball treat all the provisions of the lease as binding and effective exc€pt the disputed provisioas. (10) The obligations for each ofthe parties under a single lease agreemert signed with multiple land-owning families or communities are as binding anC effective as lease aSreem€nts betq/e€n the investor and individual families or comrnurities. (ll) The consent by a family for an itrvestnent on theh land shall in accordarce rvith. section 28 ofthe Act, be recorded as specified in Schedule l. (12) The minutes of a community meeting convened to seek consent for au lnvestment on commutrity land shall, in accordance rvith subse.tion (2) of section 32 ofthe Act, bc rccorded as specified in Schedule 2. (13) Schetiul: 2 stall also b€ use4 with the necessary modificatioD, to re cord m in utes of fam ily meetings convened to seek cons€lt for a.n bvestrrint o, thei lard. (14) Tlre consent h-i,a community for ao inveshoent on commuaity land shall, in acccrdance with subscction (2) ofsection 32 ofthe Acq be recorCed as specifred in Schedule 3. 16 Rcaords of Lansaclions to bc kcpl' . 0, An investor and the family or community involved in Degotiating a lease shall in accordance wi& section 33 of the Act &eely determine the terrns of the lease 3greemenl PART VI - RECORDn*G LAND TRANSACfi ONS. 16- (l) In accordance with (a) subsection (3) ofsection I 0 ofihe Acg frmily Iand is to b€ mar€€d and adrrinistered in a' sustainable manner; (a) subsection (l) of section 13 of the Act, communal land is to be managed and administered by the Town or Village Area Land Commitee in a sustainable and equitable manner; O) subsection (l) of secrion 14 of the Act, communal land at the Chiefdom levei is tobe managed and administered by lhe Chiefdom Land Committee in a sustainable and cquihbb manner. (2) hlfsuant to subsectiou (3) of section 10, subscction (l) ofsectiou 13 and subs€ction (l) ofsection l4oftheAc! a family, Torm or VillageArea Land Comrittee or Chiefdom Land Comnittee that undertakes or is involved in a land transaction ofany tyPe sball maintain a record ofsuch t'ansaction as specified in Schedule 4. (3) Where a suwey plal or map is produced to identify Iand tbat is the subject ofsuch transaction, a copy ofthe survey plan shall be kept with the records required tmder this Regulation Part VII - I-ease-Relal€d Dispute Resolution Arbiedion and Mediation l'1. (l) The parties to a lease agreement under Pan VII oftbe Act for land rmder customary tenwe may Arbitratiotr may bc desigDrted. t7 (a) incorporate one or more of the dispue resolution mechadsms r€ferred to iD s€ction 44 ofthe Acq and (b) designate arbifalion or mediatioD within Sierra Leone as their preferred mechanism ofdispute resolution in accordance with the Second Schedule ofthe Act (2) Where arbitration is designated, (a) it shat! be undertaken in accordance with the A$irrdbnAcg 2022 (ActNo. 18 of2@) or with such modifications as tbe parties may determine; and (b) fie parties shall set out the broad rules on appoin&nent and powers of the medialor within the lease agreement PARr vlu-CGMANAGEIVIENTOFECot OGICAIIY SEI.ISITTVEAREAS lE. (1) A Chiefdom strall, for the purpose of ensuring conmiu..s 18. (2) At the cl,iefdom level, the fimctions relat d to the protection ofecologically sensitive areas that should be pcrford by a Chiefdom Land Committee under theAct shall bc p€rformed by a Chiefdom Environment Committee established under lhe Environment Protection Agcncy Act 2022. 18. (3) A village Area Land Committee sball perform the fimctioDs related to protection ofecologically sensitive areas under &e supervision ofthe Chiefdom Environment Committee in respect of those specific functions. €ffective nranagement of ecologicallv sensitive areas, establish.Td 3"?ffi,1, nraintain a VillageArea knd Cornrnittee, a Chiefclom Lad C-ommiaee scnsirlvc inaccordance with this Act and tfie National Land CommissionAct, 8ea5. 2022 and a Chiefrlom Environment CommiBee in accordance with the EDvirooment Protection Agcncy Act 2022. (4) Avrllage Area l-and Cornmittee sball make by-laws to (a) protect foresls, wetlards, wildlife habitals, steep slopes or olher ecologically sensitive ecosystems found in the community from degradation or destructiotr; O) identiry resoutes that could be sustainably utilised by communitY members and determitre bow such resources should be use4 (c) identify nanu'al resources that could be made available for carbon itrvestrnefis or Projects as well as set the rules ofengagement with such investors. (5) El'laws made by a Village Area l'and Committee shall be recorded in writing aDd Fansmitted to the Cbiefdom EnvirotrmeDt Committee ard tlre Chiefdom Council Committee. (Q A Cbiefdom Courcil Commiuee shall cotrsolidate tbe by-laws for its Chiefdom and transm it rhem to tho rclevaDt govenunent ag€ncy or local council. CI) Relevant govemment agetrcies or local duncils may enter into drangemens wittr Chiefdom Environment Cgrnmitlees or Village Area I-and Cor.mittees to co-manage the areas in subsection 4 above. Such iurargement shall clari$ the national laws and corDmunity bylaws applicable lo the ecosystem, and the mles of the chiefdom Eniircrunent Commitee or Village Area Land committee and the govemment agency in resPect of enforcement (8) The Chiefdom Comcil Corrunitt€€ and the Chiefdom EnvironmeBt Committee may re4uest periodic updates from the \rrltage Arca I-ard Committee on the aBragement of ecologically seosiiive areas ald wbere necessary, the Chiefdom Couucil Co[utrittee or the Chiefdom Environment Committes ma1r apPoilt a persou to liaise with Village Area Land Committee. l9 (9) Benefis, such as payments from carbon investnqnts or Plojec6, thar accrue &om tle protection ofecologically seusitive areas under a co-management arrangement within a Cbiefdom shall be applied substaotially to the Chjefdom, villages and towns co-'' managing tlre resource after all costs have been accormted for. PART X . INFRINGEMENTAND PENATry 19. (l) Failure to comply with these Regulations may result llfritrScdcrt ard DCD.Ity. (a) caacellation or deregistration of a lease agreement and reversion of tte laD.d to the lessors; (b) forfeiture ofrighS rmder a legse agreemenq (c) payment of compensation to an affected party; (d) payment of firll cost to prcvent haItn or rmdertake restoration p) An authorised ofiicer ofthe Environment Protection Agency or the National Protected Area Authority may impos€ add itional consequences or take fufiber artion for brcaches ttret affect their areas of responsibility. (3) An investor shall however not bo penalised twie for the same infringemenl m n SCHDI,]LES SCI{EDUI,E 1 Free, Prior and fnformsd Consent Fonn for leasing fari'i! land We, the adult male and female members of this family: rvhos€ names below, freely giv6 our consent to the head ofthe family/negotiating colnrittee ofthe family (delete one) to lease Iinsert size of land] he'ctares (delete ore) o our fanily's land to [bsert aame ofcomprny] for a Pedod of linsert duratioD] years. We haYe beer. informed in our local lalgu€e oftbe nature ofthe itrvestment' its scope, Potential benefits' risks, and oppornrnities for ow familY before making this decision. [We have been informed ofthe likelihood ofresettlement during the life oflhe inYestnent aad have been provided with resettlement related preliminary studies or assessmenl s in our local language]. [We have not been informed of the likelihood of resettlement during the life of the investment and no resettlement-related preliminary studies or assessments whi,ch we fully understood. Contact have becn provided to usl- Select oDe' After consid€ratioD of the information provided to us' we,' constituting more il;6ir;;;; ,"d female adult members of our tbmily in open meeting ;;ilt .g""d a the tansaction and affrv our marks tor/sign tbis document ;;;; ;; *, pt* and informed consent to the above-described iNctneot afterrhe content oftiis forrn was read aad explaiaed to us il our local language on]eN t. 2 J. 4. 5. Witness Family:Wlaee:Chiefdom:Date: 2t SCIIEDT'LE2 Templale for minutes of coEmunity or family meetings Date: Chiefdom To\.!,DMIage: Fanil). Name of Chairpenon: Name of Minutes Recorder Number ofwomen pfesent: Number ofmeo present: Total: CSOS Fesent: Me€ting agenda: (ex. (i) approval oflease agresnetrt (iD to folln negotiating commitree) 5"rnmar)'of discussion: o CO Decision: (oc (i) lease agtement approved (ii) negotiatirg committee not to Votes: (AgeDda Item l) In favour Men: Women: Total: Votes: (Agenda Percentage of IrEm2) AgeDda item 1: In favour %(in favour) Men: o/o (agaimt) Womer Total Agenda item2: % (in favour) Aga gainst Men: Women Total: SigDature/ThEnbPrints Chairpersoa Minutes Recorder: Men: Women: Total: 2 SCHEDUI.E.] Free, Prior and Informed Conssnt Form for leasing co'muuity land We, ttre adult male and female members ofthis town/village (delete one), names apPear beloq freelY give our co$ent to the Tora/\tllage Area Committee (delete one) to lease Iinsert size of larld] acrevhectares (delete one of our community's land to [insert durationl years. name of comPanY] for a Period of I we have beeD informed in our local language ofthe nature oflhe ils scope, potential benefits, risks, and oppornrnities for our community making this decision. [We have been informed ofthe likelfuood of during the life of the investment and have been provided with resetdenent' related preliminary $udies or assessments in our local language]. [We have been informed ofthe likelihootl ofresettlemert dudng the life ofthe and no resettlemed-related provided to us]. Select one. preliminarl' studies or assessmenls have After consideration ofthe information provided to us, we, constituting a representation of the male and female adult members of this village/town oPen meeting, collectivety agreed 10 ttre transaction and affix our marks to/s this document to sbow our &ee, prior and informed consent to the described investrnent after the content of this form was read and exPla ined us in our local language, which we fully r'rnderstood' ThumbpriuVsignature l. 2 3. 4. 5 FanilyVillage:Chiefdom:Date: Witness; Name B SCTIEDUIT4 Land t'ansaction record fomtat FmitilVillase:Chiefdom:Date: Land trairsaction type: sale Transaction date: Na,re, addresses and contacts ofparties: Location ofland (name of sheet, road or area and name oftown orvillage urbere IaDd is located): lease tenancy piedge (S€tect one) Briefdescription ofland and is location: Size oflan* Surv€y plao available? YesYNo Is transaction docunented? Yestilo PrlI,'r@ ^,\D PLrBLrvrD eY fiE CxrvEnt.ac.r PRDrrolc Drr,rxrrctvr, Snre Leoxe 24 SCHEDULE-< Free, Prior and Informed Consent Forn ior Investnent-lnduced DisPlacement and Resenlement Famih:village;Chiefdont:Date: Wq the adult male and female members ofthis town/village (delete one)' names appear beloq teely give our consent to & reseftl€d to anothcr by [imert name of company] in accordance with the provisions of the Act' RegulatioDs oD investsnent-ioduced displacement and resettlement and Nationat Investsnent Induced Resettlement Act 2023' We were infonned of the likelihood of rcsettlement during negotiations [insert name of company] and have be€n provided with sardics' sc€narios assessments in our local language showing that disptacement and are unavoidable. We have also been provided with the baseline studics assessmentsandresettlementactionplanrequiredbytheAcgtheregulation investuent-induced displacement and resettlement and the National Inve hduc€d Resettl.mentAct 2023 in our local language, rvhich we have discussed Aeely, aad approvd in oPen nrcetings oflhe comr unity' After consideration ofthe infomation provided to us, we, comtitufing at l€ast 60plo ofthe male and female adult memb€rs ofthis villager'toum inilpen rneaing collectiyely agree to be resettled in accordance with the above-mentioned laws and affix our mark toAign this document to sho* our Aee, prior ad infonned consent to the resefilement after the content ofthis form was read and explaired to us in our local language, rdrich we fully undcrstoo4 Thmrbprintlsignatue ContactName t. 2 4. 5. itness: MADE THIS duy of Oaob*, 2023. FRErowN AIPI-2022. DR TURAD SENESIE Minister of lands Housing and Couttry Plonning Pnl.rro exo Pusr;$@ sv rrc CovErr..r,elt PiNrDrc Dplxcr.oiar, SIBRA LroNE EXTRAONDTNARy GtE'nE No. 65 or 2Om OcroDB, 2023.