Larr act, 20 allowed acquisition of land for private hospitals and educational institutions. Land acquisition act 1965 uganda legal information institute. Short title this act may be cited as the land acquisition act. Iclg real estate laws and regulations covers key topics relating to practical points and commercial terms in leasing, investment, development, and financing in 28 jurisdictions.
Iiprocedure for compulsory acquisition of land preliminaries to acquisition. Of course, land in these areas can still be compulsorily acquired under section 3 and its distribution controlled under section 152 of the rural land act discussed above. The lands act, chapter 184 of the law of zambia 1995. In section 1, in subsection 2, after the words except the territories which, immediately before the 1st. Mining legislation and mineral development in zambia. Investigations for selecting land for public purpose. Compulsory acquisition of land and compensation namati. The land acquisition act, 1984 the urban unit uspmu. Zambia state lands and reserves orders, 1928 to 1964, the zambia trust land orders, 1947 to 1964, the zambia gwembe district orders, 1959 to 1964, and the western province land and miscellaneous provisions act, 1970. Such legislation was passed in the gold coast in 1876,6 in india 7 in 1894 and in east africa in 1899. In this act, unless the context otherwise requiresinterpretation the community means the east african community established by.
Declaration that land is needed for public purpose. The land was sold subject to the law association of zambia general guidelines of sale of 1976. Individuals wanting to convert their customary land into leaseholds are given 14year leases. This act may be cited as the lands acquisition act. This edition contains a consolidation of the following laws page. Any reference in this act to the acquisition of land shall, unless inconsistent with the context, be construed as including a reference to the taking of materials from land. All of zambia s major towns except three, lusaka, kahwe and livingstone, are on the copperbelt.
However, all these can be made available through good 61 section 3 1 of the lands act, chapter 184 of the laws of zambia 21 traditional governance. The lands act, chapter 184 of the law of zambia land portal. In zambia, land has since time immemorial been held under customary tenure, until the. The republic of zambia ministry of lands and natural resources draft national land policy this is a draft national land policy and as such is a working document and. Acquisition of land act 1970 subject to subsection 1, the acquisition of land by the government shall be by means of purchase by agreement or by means of compulsory purchase as hereinafter provided.
Only smallscale private investments were permitted while large scale investments were carried out either by the state kajoba, 1998. Issues the current system of land legislation, based on antiquated english law, is badly in need of. Further, an attempt has been made to analyse, appraisal and critique the land acquisition act, 1894 while comparing it with present act. The land act an act to provide for the basic law in relation to land other than the village land, the management of land, settlement of disputes and related matters. Chapter 7 provides concluding comments, including a summary of recommendations. The land was not utilized for a long time by the previous owner ernest mutambo and had. Thereafter was born a radicalized law which gave power to the republican president under lands acquisition act cap 296 of the laws of zambia to compulsory acquire any land in the public interest. An act to make provision for the compulsory acquisition of land and other. However, the president retains the right to make land dispositions in these areas. The land acquisition act, 1992 of zimbabwe journal of. The lands act a s part i national assembly of zambia. Appropriation under the constitution is subject to the granting of fair and reasonable compensation. Zambia land alliance is a network of ngos advocating for just land policies and laws that take into account the interests of the poor.
Whereas it is expedient to amend the law for the acquisition of land needed for public purposes and for companies and for determining the amount of compensation to be made on. Dec 19, 2001 the zimbabwe president, by presidential decree, has issued a new law, amending the already dubious land acquisition act, so that he can block any legal action against him immediately taking farms away from their owners. Despite the vesting of all land in zambia in the president, land administration on reserves and trust land is by customary law. I of 1894, dated 2nd february, 18941 an act to amend the law for the acquisition of land for public purposes and for the companies. It considers issues that face cities, like lusaka, kitwe, and ndola, as well as issues found in district municipalities that act as microurban hubs across the country. The land acquisition act an act to provide for the compulsory acquisition of lands for public purposes and in connection with housing schemes. Norfolk island legislation amendment act 2015 c2015a00059. An important aspect concerning sustainable use of land is the. Acquisition of the british south african companys mineral rights 9 2. The zimbabwe president, by presidential decree, has issued a new law, amending the already dubious land acquisition act, so that he can block any legal action against him immediately taking farms away from their owners. Lands acquisition an act to make provision for the compulsory acquisition of land and other property.
An act relating to the acquisition of land by the commonwealth and certain authorities and dealings with land so acquired, and for other purposes. Larr act 20 was applicable to the private companies as defines in the companies act 1956 or under the societies registration act, 1860. The preamble to the mines and minerals act defines the. The colonial administration passed legislation which empowered the administration to compulsorily acquire lands required for the public service. Land utilization act chapter 188 revised edition 2000 showing the law as at 31st december, 2000 this is a revised edition of the law, prepared by the law revision commissioner under the authority of the law revision act, chapter 3 of the laws of belize, revised edition 1980 1990. This act may be called the land acquisition act, 1894. Land perpetual succession act national assembly of zambia. Compulsory acquisition of land and compensation 3 1. Acquisition of portion of land provided that where the owner of such land owns also immediately adjoining land which, together with the residue as aforesaid, would exceed half an acre in area, the. Thus good traditional governance is the key in the provision of an effective customary land administration. Printing the laws of the republic of zambia zambia institute of. The political turmoil resulting from land acquisition for mining and industrial projects led the upa government to undertake a wideranging overhaul of the land acquisition act, 1894, and the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 20, larr act, 20 was enacted. Land acquisition act zimbabwe legal information institute.
Everyone could have access to and use land without claiming ownership. Finally, this act contains the lands acquisition prescribed forms regulations. Constitution, the land acquisition act, the agricultural lands act, the public roads act, the arbitration act, the environmental protection and pollution control act, the local government act, the town and country planning act, the land survey act, and the land convention of titles act etc. As it is often the poor who suffer most from the compulsory acquisition of land, chapter 6 shows how assistance can be provided to people so they can safeguard their rights. This act may be cited as the land acquisition act chapter 20. Jul 15, 2016 an act relating to the acquisition of land by the commonwealth and certain authorities and dealings with land so acquired, and for other purposes. The government enacted the 1995 lands act, which restored value to land. Legal framework and administration of land policy in zambia by michael roth, a. Resettlement action and land reallocation profile for kafubu farm, ndola district an assessment report of the land resettlement resolutions at kafubu farm october, 20 prepared by greenline environmental solutions limited lusaka. An act to provide for the zimbabwe land commission established by section 296 of the constitution. I must, however, make it clear that according to professor michelo hansungules.
Part ii purchase by agreement subject to this act, where any land is required by the government it shall be. This is a revised edition of the law, prepared by the law revision commissioner under the authority of the law revision act, chapter 3 of the laws of belize, revised edition 1980 1990. An act to amend the law for the acquisition of land for public purposes and for companies. An act to make provision for the compulsory acquisition of land and other property. In this act, unless the context otherwise requires. Provided that where the owner of such land owns also immediately adjoining land which, together with the residue as aforesaid, would exceed half an acre in area, the president may refuse to acquire such residue. This act may be cited as the land acquisition act, 1967 and shall come into operation on such date as the minister may, by notice in the gazette, appoint. Land acquisition is the process by which the government acquires private property for public purpose. Till 20, land acquisition in india was governed by land acquisition act of 1894. Zimbabwes land acquisition act chalcedon foundation. Authorised by the act parliamentary counselalso accessible at. In this act acquiring authority means a the president, or any minister duly authorised by the president, acting in terms of subsection 1 or 2 of section 3. All land to vest in the president 2 subject to subsection 4 and to any other law, the president may alienate land vested in him to any zambian. Lands acquisition act 1994 act legislation register.
This law repeals the public lands acquisition act, 1958. Zambia land alliance is a network of ngos advocating for just land policies and laws that take into account. The land acquisition act, 1984 i of 1894 2nd february, 1894 an act to amend the law for the acquisition of land for public purposes and for companies. Registered land act malawi legal information institute. An act to provide for perpetual succession to land.
Whereas il is expedient 10 amend the law for the acquisition of land needed for public purposes and for companies and for dclcmimining the amount ofcompensation to be made. It also includes any commencement, amendment, repeal or expiry affecting. Introduction land is a primary resource that men and women in zambia depend on for their livelihood. Of the total land mass of the country amounting to 752,614, customary land is estimated to be 94 percent and state land is estimated at 6 percent. Land administration system, which ensures equity, in the acquisition and. Land administration system, which ensures equity, in the acquisition and sustainable utilisation of land. Customary land reform to facilitate private investment in.
This act may be cited as the land acquisition public purposes act. Over the years, customary tenure has been recognised but no formal documentation is available that is. Mining legislation and mineral development in zambia muna ndulo. Indeed in some cases the president may be able to resume ownership of land under a clause in the title deeds. In zambia the colonial government divided land into stateland, trusts and. Acquisition of land act 1970 the arbitrators under section 15 and after giving not less than fourteen days notice to the persons interested in the land, cause a notice to be published in the gazette revoking the compulsory purchase order in respect of that land.
Over the years, customary tenure has been recognised but no formal documentation is available that is officially recognised by government. Effective and fair compulsory acquisition cannot exist without good governance and adherence to the rule of law see fao land tenure. Title of private company changed to private entity. Effectively all land was now vested in the president.
292 389 702 1427 1233 872 560 1072 1371 295 131 1537 304 1028 1381 111 800 1115 1336 1530 254 828 211 1214 1286 1263 445 223 403 1481 807 690 535 946 1473 14 259 677