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The Village Land Act R.E. 2002

The Village Land Act R.E. 2002

The Village Land Act R.E. 2002

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(1) Upon any breach of any condition subject to which any customary right of occupancyhas been granted, or upon any failure to pay any rent, taxes or other dues, the village councilmay–(a)exercise any remedy available under customary law;(b) impose a fine on an occupier in accordance with section 40;(c)serve a notice on the occupier in accordance with section 41 requiring the breach tobe remedied;(d) serve a supervision order on the occupier in accordance with section 42;(e)temporarily assign the customary right of occupancy to another person in accordancewith section 43.(2) <strong>The</strong> village council may take action under sections 39 to 43 in respect of the samebreach.(3) <strong>The</strong> village council may, at any time, withdraw from taking action under sections 39 to43.(4) For purposes of this section and sections 39 to 43, every breach of condition shall betaken as capable of being remedied, and the action required for remedying any breach shallbe taken to consist–(a)(b)in the case of a positive condition or a requirement in a regulation or order, to dosome act or thing, or the doing of any act or thing the omission of which constituted orformed part of the breach;in the case of a negative condition, or a prohibition in a regulation or order, of thedoing of those acts and things which are necessary or which the village council maydirect to be done to put the land into the state in which it would be if the breach hadnot occurred.(5) <strong>The</strong> Commissioner may provide advice, in writing, either generally or to a specific villageon any remedies referred to in this section and all village councils shall have regard to thatadvice in so far as it applies to their exercise of power under this section or sections 39 to 43.(6) Before proceeding to take any action in respect of a breach of a condition of thecustomary right of occupancy, the village council shall consider–(a)(b)(c)the nature and gravity of the breach and whether it could be waived;the circumstances of the occupier;whether the condition that has been breached could be remedied so as to obviate the

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