The Village Land Act R.E. 2002

More documents

Recommendations

Info

the village council or village assembly as the case may be to explain the reasons for theproposed transfer and answer questions thereon and any person or a representative of anyorganisation who or which is proposing to use and occupy the village transfer land under aright of occupancy may, at the invitation of the village council or village assembly as the casemay be, address the meeting and answer questions if any about the proposed use of the land.(8) No village transfer land shall be transferred–(a)until the type, amount, method and timing of the payment of compensation has beenagreed upon between–(i)(ii)the village council and the Commissioner; orwhere subsection (3) and (9) apply, the persons referred to in those subsectionsand the Commissioner; or(b)(c)if the matters of compensation referred to in paragraph (a) cannot be agreed until theHigh Court has agreed as an interim measure, pending final determination of thematters of compensation, to the payment of any sum on account which it thinksproper by the Commissioner to the village council and to the persons referred to insubsection (3) as the case may be; orif general or reserved land is to be exchanged with the village transfer land, thatgeneral or reserved land has been identified and is ready to be transferred to thevillage.(9) Where the relevant body under subsection (5) has, by resolution, approved the transferof the village transfer land or a part of it, the President may exercise his power to transfer thatvillage land or a part of it to general or reserved land.(10) Where village transfer land or any part of it is occupied by persons to whom subsection(3) applies, the President shall, where he is minded to exercise his power to transfer that landto general or reserved land, determine whether those persons may continue to occupy and usethe land, subject to any terms and conditions, which he may impose, or whether the rights ofthose persons shall be compulsorily acquired, subject to the payment of compensation.(11) The President may direct that any compensation payable under this section shall bepaid by the person or organisation to whom or which the village transfer land which has beentransferred to general land is granted by a right of occupancy.(12) The President may direct the Minister to appoint an inquiry under section 19 of theLand Act *(12) into a proposed transfer and where that inquiry has been appointed, no furtheraction in accordance with this section shall be taken on that proposed transfer until after theinquiry has reported.
(13) A transfer of village land to general or reserved land shall be notified in the Gazetteand shall come into effect thirty days after the date of the publication of the notice.(14) The provisions of this section shall be in addition to any provisions in any Act referredto in section 7 which set out the manner in which land is brought under any of those Acts andany powers which may be exercised under any of the provisions of those Acts shall beexercised in a manner which will ensure that the provisions of this section are complied with.5. Transfer of general or reserved land to village landThe President may direct the transfer of any area of general or reserved land to village landsubject to the provisions of section 6 of the Land Act *(13).6. Declaration of hazard land(1) The Minister may declare any area of a village land to be hazard land subject to theprovisions of subsection (3).(2) Notwithstanding the provisions of subsection (1), any local authority having jurisdiction inany village may advise the Minister to declare any of the Village Land as hazard Land if in itsopinion it is necessary to do so.(3) For purposes of this section, hazard land is land the development of which is likely topose a danger to life or to lead to the degradation of or environmental destruction on that orcontiguous land and includes but is not limited to–(a)(b)(c)(d)(e)(f)(g)mangrove swamps and coral reefs;wetlands and offshore islands in the sea and lakes;land designated or used for the dumping of hazardous waste;land within sixty metres of a river bank or the shoreline of an inland lake;land on slopes with a gradient exceeding any angle which the Minister shall, aftertaking account of proper scientific advice, specify;land specified by the appropriate authority as land which should not be developed onaccount of its fragile nature;land specified by the appropriate authority as being land which should not bedeveloped on account of its environmental significance.(4) The declaration of any land to be hazard land shall be in accordance with the provisionsof this section.(5) Where the Minister considers that an area of land should be declared to be hazard land,
Page 1 and 2: CHAPTER 114THE VILLAGE LAND ACT[PRI
Page 3 and 4: 60. Village Land Council.61. Functi
Page 5 and 6: "general land" means all public lan
Page 7 and 8: adviser under section 52 of this Ac
Page 9: this section.(2) For the purposes o
Page 13 and 14: A: Management and Administration (s
Page 15 and 16: (7) A certificate of village land s
Page 17 and 18: issue and advise the village counci
Page 19 and 20: (i)(ii)to give groups an opportunit
Page 21 and 22: (3) The district council shall prov
Page 23 and 24: (7) Persons who traditionally and i
Page 25 and 26: jurisdiction of any village establi
Page 27 and 28: that village;(h)(i)inheritable and
Page 29 and 30: direction of the Registrar.B: Grant
Page 31 and 32: (ii)(iii)(iv)(v)the contribution th
Page 33 and 34: any tax or due to the village counc
Page 35 and 36: (2) of section 23;(b)from a non-vil
Page 37 and 38: e obtained and no building will be
Page 39 and 40: (e)is to be made to a person who oc
Page 41 and 42: (9) An approval of a derivative rig
Page 43 and 44: (iii)(iv)approval or refused by the
Page 45 and 46: of the Land Act *(47) relating to l
Page 47 and 48: the responsibility for paying any d
Page 49 and 50: (1) Upon any breach of any conditio
Page 51 and 52: his assent to that remedy.(4) Where
Page 53 and 54: (c)take no further action on the ma
Page 55 and 56: (ii)forbidding action to be taken u
Page 57 and 58: circumstances of the case.(13) An o
Page 59 and 60: (a)(b)(c)is not and has not for not
Page 61 and 62:
abandonment;(c)(d)all notices which
Page 63 and 64:
the village council,that village co
Page 65 and 66:
village council shall, as soon as m
Page 67 and 68:
other member presiding and the vill
Page 69 and 70:
provisional adjudication record whi
Page 71 and 72:
the case may be, an adjudication of
Page 73 and 74:
authorised representative of each p
Page 75 and 76:
shall be-(a)(b)nominated by the vil
Page 77 and 78:
(5) A member of an village land cou
Page 79 and 80:
any person authorised under this Ac
Page 81 and 82:
(3) Any form prescribed under this
Page 83 and 84:
Cap. 11313 (Popup - Popup)Cap. 1131
Page 85 and 86:
Cap. 31837 (Popup - Popup)Act No. 1
show all

The Village Land Act R.E. 2002

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?