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(3) All land lessees and land tenants have the right not to have their land leases
or land tenancies terminated other than in accordance with their land leases or land
tenancies.
(4) Parliament and Cabinet, through legislative and other measures, must ensure
that all land leases and land tenancies provide a fair and equitable return to the landowners
whilst protecting the rights of land lessees and land tenants, including security and
protection of tenure of land leases and land tenancies and terms and conditions of land
leases and land tenancies which must be just, fair and reasonable.
(5) All land that existed as freehold land immediately before the commencement of
this Constitution shall remain as freehold land even if it is sold or purchased, unless it is
sold to the State or is acquired by the State for a public purpose under section 27.
(6) For the purposes of this section—
“land leases” or “land tenancies” includes sub-leases, sub-tenancies and
tenancies-at-will, but shall not include leases, agreements or tenancies
for any building, structure or dwelling, whether used for residential,
commercial, industrial or for tourism purposes, and shall not include any
leases, agreements or tenancies for any fixture, equipment, plant or fittings
on any land; and
“land lessees” or “land tenants” includes sub-lessees, sub-tenants or tenantsat-will of land leases or land tenancies.
Right of landowners to fair share of royalties for extraction of minerals
30.—(1) All minerals in or under any land or water, are owned by the State, provided
however, that the owners of any particular land (whether customary or freehold), or of
any particular registered customary fishing rights shall be entitled to receive a fair share
of royalties or other money paid to the State in respect of the grant by the State of rights
to extract minerals from that land or the seabed in the area of those fishing rights.
(2) A written law may determine the framework for calculating fair shares under
subsection (1), taking into account all relevant factors, including the following—
(a) any benefit that the owners received or may receive as a result of mineral
exploration or exploitation;
(b) the risk of environmental damage;
(c) any legal obligation of the State to contribute to a fund to meet the cost of
preventing, repairing or compensating for any environmental damage;
(d) the cost to the State of administering exploration or exploitation rights; and
(e) the appropriate contribution to the general revenue of the State to be made
by any person granted exploration or exploitation rights.