CHAPTER 113
LAND ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
FUNDAMENTAL PRINCIPLES OF LAND POLICY

   3.   Fundamental principles of the National Land Policy.

PART III
CLASSIFICATION AND TENURE OF LAND

   4.   All land vested in the President as trustee.

   5.   Transfer of general or reserved land to village land.

   6.   Categories of reserved land.

   7.   Declaration of hazardous land.

PART IV
ADMINISTRATION

   8.   Minister's responsibilities.

   9.   Appointment of Commissioner for Lands.

   10.   Functions of the Commissioner.

   11.   Appointment of officers.

   12.   Land Allocations Committees.

   13.   Information from the Commissioner to members of the public.

   14.   Functions and roles of local government authorities under this Act.

   15.   Conflict of interests.

   16.   Protection of officers.

   17.   National Land Advisory Council.

   18.   Inquiries.

PART V
RIGHTS AND INCIDENTS OF LAND OCCUPATION

   19.   Rights to occupy land.

   20.   Occupation of land by non-citizen restricted.

   21.   Ceiling on land occupancy.

   22.   Incidents of granted rights of occupancy.

   23.   A residential licence and its incidents.

PART VI
GRANTED RIGHTS OF OCCUPANCY

SUBPART 1
GRANT OF RIGHT OF OCCUPANCY

   24.   Application of this Part.

   25.   Procedure for application for right of occupancy.

   26.   Determination of application by Commissioner.

   27.   Offer of a right of occupancy.

   28.   Acceptance of offer of right of occupancy.

   29.   Grant of right of occupancy.

   30.   Registration of letter of offer.

SUBPART 2
CONDITIONS ON RIGHT OF OCCUPANCY

   31.   Payment of premium on grant of right of occupancy.

   32.   Length of term of right of occupancy.

   33.   Rent.

   34.   Conditions.

   35.   Change of use.

SUBPART 3
DISPOSITIONS OF RIGHT OF OCCUPANCY

   36.   General provisions as to dispositions.

   37.   Approval for dispositions.

   38.   Supervisory powers over dispositions.

   39.   Application for grant of approval for disposition.

   40.   Reconsideration of application for approval for disposition.

   41.   Criteria for determinating application for grant of approval for a disposition.

   42.   Power to surrender right of occupancy.

   43.   Procedure for surrender of right of occupancy.

SUBPART 4
BREACH OF CONDITIONS OF RIGHT OF OCCUPANCY

   44.   When breach of condition of right of occupancy arises.

   45.   Liability to revocation for breach of condition.

   46.   Fine for breach of condition.

   47.   Summary action to remedy breach of condition.

   48.   Action to enforce revocation for breach of condition.

   49.   Revocation and its effects.

   50.   Summary proceedings for recovery of rent.

   51.   Abandonment of land held under a right of occupancy.

SUBPART 5
AUCTIONS OF RIGHT OF OCCUPANCY

   52.   Auction of and tenders for rights of occupancy.

PART VII
CONVERSION OF INTERESTS IN LAND

SUBPART 1
VALIDATION OF INTERESTS IN GENERAL LAND

   53.   Validation of certain dispositions completed before the coming into operation of this Act.

   54.   Effect of non-application for certificate of validation.

   55.   Validated derivative rights where certificate of validation not applied for.

SUBPART 2
REGULARISATION OF INTERESTS IN LAND

   56.   Application of sections 56 to 60.

   57.   Purpose of and criteria for declaring a scheme of regularisation.

   58.   Determination of whether to declare a scheme of regularisation.

   59.   Procedure for declaration of scheme of regularisation.

   60.   Content of scheme of regularisation.

PART VIII
DISPOSITIONS AFFECTING LAND

SUBPART 1
GENERAL PROVISIONS

   61.   Dispositions and dealings affecting land.

   62.   Instruments of disposition.

   63.   Execution of instruments in writing.

   64.   Writing required for enforcement of contracts relating to land.

   65.   A person may make a disposition to himself.

   66.   Covenants to be implied in certain instruments.

   67.   The implied covenants.

SUBPART 2
DISPOSITIONS TO PREJUDICE CREDITORS

   68.   Purpose of this Part.

   69.   Prejudicial dispositions.

   70.   Dispositions to prejudice creditors may be set aside.

   71.   Protection of persons receiving land under a prejudicial disposition.

   72.   Application of this Subpart to customary dispositions.

SUBPART 3
SALE OF RIGHT OF OCCUPANCY

   73.   Regaining possession of land after concluding contract for sale of right of occupancy.

   74.   Procedure for obtaining order for possession.

   75.   Relief against rescission of contract for sale of right of occupancy.

   76.   Purchaser of right of occupancy may seek relief against performance of contract to assign.

PART IX
LEASES

SUBPART 1
GENERAL PROVISIONS

   77.   Application of this Part.

   78.   Power to lease right of occupancy.

   79.   Periodic leases.

   80.   Short term leases.

   81.   Lease terminating on the occurrence of a future event.

   82.   Lessee remaining in possession after termination of lease without consent of lessor.

   83.   Future leases.

   84.   Lessor's consent to dealing with lease.

   85.   Notice by joint occupiers.

   86.   Sublease for term the same as or longer than term of head lease.

   87.   Surrender to enable new head lease to be entered into not to affect sublease.

SUBPART 2
COVENANTS, CONDITIONS AND POWERS IMPLIED IN LEASES

   88.   Covenants implied in leases on part of lessor.

   89.   Covenants implied in leases on part of lessee.

   90.   Application of covenants to customary leases.

   91.   Meaning of "the usual covenants".

   92.   Meaning of "in a reasonable state of repair".

   93.   Consent by lessor to application by lessee under lease.

SUBPART 3
TRANSFERS, ASSIGNMENTS AND TRANSACTIONS

   94.   Merger of lessor's interest not to affect remedies.

   95.   Burden and benefit of covenants to run with the reversion.

   96.   Effect of payment by lessee to assignor of reversion.

   97.   Transferor or assignor of lease released from liability to pay rent and observe covenants thereafter.

   98.   Transferee or assignee as lessee.

SUBPART 4
REMEDIES AND RELIEF

   99.   Application of this Subpart to non-customary leases.

   100.   Application of this Subpart to customary leases.

   101.   Abolition of determination of lease by re-entry or forfeiture.

   102.   Abolition of distress for rent.

   103.   Termination of lease for non-payment of rent or breach of covenant.

   104.   Notice of intention to terminate a lease for breach of covenant.

   105.   Notice of intention to terminate a lease for breach of covenant other than to pay rent.

   106.   Consequential provisions relating to notices under sections 104 and 105.

   107.   Application for relief.

   108.   Power of the court with respect to order of termination and relief.

   109.   Remedies of lessor and lessee for breach of covenant.

   110.   Unlawful eviction.

PART X
MORTGAGES

SUBPART 1
GENERAL PROVISIONS

   111.   Application of this Part to mortgages.

   112.   Power to create mortgage.

   113.   Application of this Part to customary mortgages.

   114.   Small mortgages.

   115.   Mortgage of land to take effect as security only.

   116.   Priority.

   117.   Tacking.

   118.   Consolidation.

   119.   Variation of a mortgage.

SUBPART 2
DISCHARGE OF MORTGAGES

   120.   Right to discharge.

   121.   Transfer of mortgage.

   122.   Lender's consent to transfer.

SUBPART 3
COVENANTS, CONDITIONS AND POWERS IMPLIED IN MORTGAGES

   123.    Implied covenants by the borrower.

SUBPART 4
POWERS OF THE LENDER

   124.   Foreclosure abolished.

   125.   Remedies of the lender.

   126.   Lender's action for money secured by mortgage.

   127.   Appointment, powers, remuneration and duties of receiver.

   128.   Lender's power of leasing.

   129.   Power of lender to take possession of mortgaged land.

   130.   Withdrawal of lender from possession.

   131.   Lender's power of sale.

   132.   Duty of lender exercising power of sale.

   133.   Powers incidental to the power of sale.

   134.   Protection of purchaser.

   135.   Sale by lender to himself.

   136.   Application of proceeds of sale of mortgaged land.

   137.   Right of borrower to discharge mortgage on payment of sum due any time before sale.

   138.   Remedies in connection with small mortgage.

   139.   Application for relief by borrower.

   140.   Power of the court in respect of remedies and relief thereto.

   141.   Powers of court to reopen certain mortgages and revise terms.

   142.   Exercise of powers to reopen certain mortgages.

PART XI
EASEMENTS AND ANALOGOUS RIGHTS

SUBPART 1
GENERAL PROVISIONS

   143.   Application of this Part.

   144.   Nature of easement.

   145.   Terminology.

SUBPART 2
CREATION, ETC., OF EASEMENTS AND ANALOGOUS RIGHTS

   146.   Creation of easement.

   147.   Entry on neighbouring land where easement refused.

   148.   Access to landlocked land.

   149.   Enjoyment of easement and analogous rights.

   150.   Cancellation and extinguishment of easements and analogous rights.

SUBPART 3
PUBLIC RIGHTS OF WAY

   151.   Power of Minister to create public rights of way.

   152.   Application for wayleave.

   153.   Application for communal right of way.

   154.   Determination on creation of public right of way.

   155.   Powers of Registrar with respect to public right of way.

   156.   Compensation in respect of public right of way.

SUBPART 4
POWERS OF COURT

   157.   Power of court to enforce easements and analogous rights.

   158.   Power of court to modify or extinguish easements and analogous rights.

PART XII
CO-OCCUPANCY AND PARTITION

   159.   Meaning and incidents of co-occupancy.

   160.   Certificate of occupancy of co-occupiers.

   161.   Co-occupancy and other relationships between spouses.

   162.   Partition.

   163.   Ancillary powers of Registrar in connection with partition.

   164.   Sale of co-occupied land.

   165.   Partition subject to mortgage.

   166.   Reorganisation or winding up of Land Sharing Arrangement.

PART XIII
DISPUTE SETTLEMENT

   167.   Courts.

PART XIV
MISCELLANEOUS PROVISIONS

   168.   Substituted service.

   169.   Publication of notices and other information.

   170.   Rights of entry.

   171.   Call for information.

   172.   Meaning of "opportunity of being heard".

   173.   Land Compensation Fund.

   174.   Fees.

   175.   Unlawful occupation of land.

   176.   Obstruction of public rights of way.

   177.   Offences.

   178.   Corrupt transactions.

   179.   Regulations.

   180.   Law to be applied.

   181.   Application of this Act.

   182.   [Repeals.]

   183.   Savings and transitional provisions with respect to rights, actions, dispositions, etc.

   184.   Savings and transitional provisions with respect to rules, orders, etc.

   185.   Act to be translated into Kiswahili.

   186.   Act to bind Government.

SCHEDULE

CHAPTER 113
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.

[1st May, 2001]
[G.N. No. 485 of 2001]

Act No. 4 of 1999

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Land Act.

2.   Interpretation

   In this Act, unless the context requires otherwise–

   "access order" means an order made under section 148 of this Act;

   "actual notice" means the notice which a person has personally of a matter or action or document or the rights and interests of another person;

   "the Allocations Committee" means the Land Allocations Committee established by section 12 of this Act;

   "appointing authority" means the person or organisation having the authority under any law to appoint persons to the public service;

   "assignee" means a person to whom an assignment is made;

   "Assistant Commissioner" means an Assistant Commissioner appointed under section 11 of this Act;

   "authorised officer" means an officer authorised by the Commissioner or the Registrar to perform any functions of the Commissioner or, as the case may be, the Registrar which may be specified in the document of authorisation delivered to that officer;

   "borrower" means a person who obtains an advance of money or money's worth or agrees to the fulfilment of a condition on the security of a mortgage of his right of occupancy or lease;

   "building" means any building or other structure made or assembled on, in or under any land and includes the land on, in or under which the building or structure is situate;

   "caveat" means a notice in the form of an entry on a register that no action of a specified nature in relation to the right of occupancy in respect of which the notice has been entered may be taken without first informing the person who gave the notice;

   "certificate of approval" means the certificate granted under section 41 of this Act;

   "certificate of occupancy" means a certificate issued under section 29 of this Act;

   "certificate of validation" means a certificate issued under section 53 of this Act;

   "the Commissioner" means the Commissioner of Lands appointed under section 9 of this Act;

   "communal right of way" has the meaning ascribed to it by section 153 of this Act;

   "co-occupancy" has the meaning ascribed to it by section 159 of this Act;

   "Council" means the National Land Advisory Council established by section 17 of this Act;

   "Court" means the any body established by or under any written law which is referred to in section 167 of this Act as having jurisdiction to determine land disputes;

   "customary law" has the meaning ascribed to it by the Interpretation of Laws Act *;

   "customary right of occupancy" includes deemed right of occupancy;

   "dealing" includes disposition and transmission;

   "deemed right of occupancy" means the title of a Tanzanian citizen of African descent or a community of Tanzanian citizens of African descent using or occupying land under and in accordance with customary law;

   "deliver" includes to transmit by post or by hand;

   "derivative right" means a right to occupy and use land created out of a right of occupancy and includes a lease, a sub-lease, a licence, a usufructuary right and any interest analogous to those interests;

   "Deputy Commissioner" means a Deputy Commissioner appointed under section 11 of this Act;

   "development" means the carrying out of any building operation, engineering operation or mining operation in, on, under or over land or the making of any change of a substantial nature in the use of land;

   "disposition" means any sale, mortgage, transfer, grant, partition, exchange, lease, assignment, surrender, or disclaimer and includes the creation of an easement, a usufructuary right, or other servitude or any other interest in a right of occupancy or a lease and any other act by an occupier of a right of occupancy or under a lease whereby his rights over that right of occupancy or lease are affected and an agreement to undertake any of the dispositions so defined;

   "district authority" means a district council, a township authority or a village council;

   "District Land and Housing Tribunal" means a court referred to in section 167 of this Act;

   "dwelling house" means any house or part of a house or room used as a separate dwelling in any building and includes any garden or other premises within the cartilage of and used as a part of the dwelling house as so defined;

   "easement" has the meaning ascribed to it by section 143 of this Act;

   "entry order" means an order made under section 155 of this Act;

   "foreign company" means a company classified as a foreign national by the Tanzania Investment Act *;

   "the Fund" means the Land Compensation Fund established by section 18 of this Act;

   "general land" means all public land which is not reserved land or village land and includes un occupied or unused village land;

   "granted right of occupancy" means a right of occupancy granted under and in accordance with Part VI of this Act;

   "hazardous land" means land declared to be hazardous land under section 7 of this Act;

   "head lease" means a lease in respect of which a sublease is entered into;

   "instrument" means a writing, including an enactment which creates or affects legal or equitable rights and liabilities and includes any covenant or condition expressed in an instrument or implied in an instrument under this or any other enactment relating to land and, except where otherwise provided, any variation of an instrument;

   "interest" means a right in or over a right of occupancy;

   "land" includes the surface of the earth and the earth below the surface and all substances other than minerals or petroleum forming part of or below the surface, things naturally growing on the land, buildings and other structures permanently affixed to or under land and land covered by water;

   "the Land Division of the High Court" means the Land Division of the High Court established by section 167 of this Act;

   "lease" means a lease or sublease, whether registered or unregistered, of a right of occupancy and includes a short-term lease and agreement to lease;

   "lender" means a person to whom a mortgage has been given as security for the repayment of an advance of money or money's worth or to secure a condition;

   "lessee" means a person to whom a lease is granted and includes a person who has accepted a transfer or assignment of a lease;

   "lessor" means a person by whom a lease is granted and includes a person who has accepted the transfer or assignment of the reversion of a lease;

   "letter of offer" means a letter of offer issued under section 27 of this Act;

   "licence" means a permission given by the Government or an occupier of land under a right of occupancy or a lessee which allows the person to whom the licence is given to occupy or use or do some act in relation to the land comprised in the right of occupancy or the lease which would otherwise be a trespass but does not include an easement;

   "licensee" means the person granting or giving the licence;

   "lien" means the holding by a lender of any document of title relating to a right of occupancy or a lease as security for an advance of money or money's worth or the fulfilment of a condition;

   "local government authority" means a district authority or an urban authority;

   "the Minister" means the Minister responsible for land;

   "mortgage" means an interest in a right of occupancy or a lease securing the payment of money or money's worth or the fulfilment of a condition and includes a sub-mortgage and the instrument creating a mortgage;

   "occupier in common" has the meaning ascribed to it by section 159 of this Act;

   "partition" means the separation by formal legal instrument of the shares in a right of occupancy or a lease held by occupiers in common so that each such occupier takes his shares free of the rights of the others and includes partition carried out in accordance with section 149 of this Act;

   "periodic lease" means a lease from year to year, half year to half year, quarter to quarter, month to month, week to week or the like;

   "peri-urban area" means an area which is within a radius of ten kilometres miles outside the boundaries of an urban area or within any larger radius which may be prescribed in respect of any particular urban area by the Minister;

   "Permanent Secretary" means the Permanent Secretary in the Ministry responsible for land;

   "primary land court" means a court established by section 167 of this Act;

   "public land" means all the land of Tanzania;

   "public right of way" has the meaning ascribed to it by section 151 of this Act;

   "qualified valuer" means a valuer with a professional or academic qualification in land valuation or with a professional or academic qualification in a subject that includes land valuation;

   "register" means a register prescribed under this Act for the recording of rights and interests in and dispositions of and in connection with rights of occupancy and includes the land register established under the Land Registration Act, and the registry of documents established under the Registration of Documents Act;

   "Registrar" has the meaning ascribed to it by the Land Registration Act, and includes the registrar of documents as appointed and defined in the Registration of Documents Act;

   "regularisation area" means an area in respect of which a scheme of regularisation has been declared;

   "reserved land" means land referred to by section 6 of this Act;

   "residential licence" has the meaning ascribed to it by section 23 of this Act;

   "restrictive agreement" means an agreement by one occupier of land under a right of occupancy restricting the building on or the use or other enjoyment of his land for the benefit of the occupier under a right of occupancy or neighbouring land and includes a restrictive covenant;

   "right of occupancy" means a title to the use and occupation of land and includes the title of a Tanzanian citizen of African descent or a community of Tanzanian citizens of African descent using or occupying land in accordance with customary law;

   "the Rules Committee" means the Land Court Rules Committee established by section 167 of this Act;

   "scheme of regularisation" means a scheme declared by the Minister under section 59 of this Act;

   "short term lease" has the meaning ascribed to it by section 80 of this Act;

   "small mortgage" has the meaning ascribed to it by section 114 of this Act;

   "transfer" means the passing of a right of occupancy, a lease or a mortgage from one party to another by act of the parties and not by operation of the law and includes the instrument by which such passing is effected;

   "transferee" means a person who receives the right of occupancy, lease or mortgage passed by an act of transfer;

   "transfer land" means general or reserved land which is to be transferred from one category of land;

   "transferor" means the person who passes the right of occupancy, lease or mortgage by an act of transfer;

   "transmission" means the passing of a right of occupancy, a lease or a mortgage from one person to another by operation of law on death or insolvency or otherwise;

   "trustee" means a person having a nominal title to the ownership of land or other property which he is under a legal duty to hold for the benefit of some other person or persons includes a trustee appointed under the Trustees (Incorporation) Act *;

   "Trustees" mean the Trustees of the Land Compensation Fund established by section 173 of this Act;

   "unexhausted improvement" means any thing or any quality permanently attached to the land directly resulting from the expenditure of capital or labour by an occupier or any person acting on his behalf and increasing the productive capacity, the utility, or the sustainability of its environmental quality and includes trees, standing crops and growing produce whether of an agricultural or horticultural nature;

   "urban area" means an area within the jurisdiction of an authority established or deemed to have been established under and governed by the Local Government (Urban Authorities) Act * and the Local Government (District Authorities) Act *;

   "village council" has the meaning ascribed to it by the Local Government (District Authorities) Act *;

   "village land" means the land declared to be village land under and in accordance with section 4 of this Act and includes any transfer land transferred to a village;

   "Village Land Council" has the meaning ascribed to it by section 60 of the Village Land Act *;

   "village transfer land" means village land which is to be transferred to become part of general or reserved land;

   "wayleave" has the meaning ascribed to it by section 151 of this Act.

PART II
FUNDAMENTAL PRINCIPLES OF LAND POLICY (s 3)

3.   Fundamental principles of the National Land Policy

   (1) The fundamental principles of the National Land Policy which it is the objective of this Act to promote and to which all persons exercising powers under, applying or interpreting this Act are to have regard to, are–

   (a)   to recognise that all land in Tanzania is public land vested in the President as trustee on behalf of all citizens;

   (b)   to ensure that existing rights in and recognised long-standing occupation or use of land are clarified and secured by the law;

   (c)   to facilitate an equitable distribution of and access to land by all citizens;

   (d)   to regulate the amount of land that any one person or corporate body may occupy or use;

   (e)   to ensure that land is used productively and that any such use complies with the principles of sustainable development;

   (f)   to take into account that an interest in land has value and that value is taken into consideration in any transaction affecting that interest;

   (g)   to pay full, fair and prompt compensation to any person whose right of occupancy or recognised long-standing occupation or customary use of land is revoked or otherwise interfered with to their detriment by the State under this Act or is acquired under the Land Acquisition Act *:

         Provided that in assessing compensation land acquired in the manner provided for in this Act, the concept of opportunity shall be based on the following–

         (i)   market value of the real property;

         (ii)   disturbance allowance;

         (iii)   transport allowance;

         (iv)   loss of profits or accommodation;

         (v)   cost of acquiring or getting the subject land;

         (vi)   any other cost loss or capital expenditure incurred to the development of the subject land; and

         (vii)   interest at market rate will be charged;

   (h)   to provide for an efficient, effective, economical and transparent system of land administration;

   (i)   to enable all citizens to participate in decision-making on matters connected with their occupation or use of land;

   (j)   to facilitate the operation of a market in land;

   (k)   to regulate the operation of a market in land so as to ensure that rural and urban small-holders and pastoralists are not disadvantaged;

   (l)   to set out rules of land law accessibly and in a manner which can be readily understood by all citizens;

   (m)   to establish an independent, expeditious and just system for the adjudication of land disputes which will hear and determine cases without undue delay;

   (n)   to encourage the dissemination of information about land administration and land law as provided for by this Act through programmes of public awareness, using all forms of media.

   (2) The right of every adult woman to acquire, hold, use, and deal with land shall to the same extent and subject to the same restrictions be treated as a right of any man.

PART III
CLASSIFICATION AND TENURE OF LAND (ss 4-7)

4.   All land vested in the President as trustee

   (1) All land in Tanzania shall continue to be public land and remain vested in the President as trustee for and on behalf of all the citizens of Tanzania.

   (2) The President and every person to whom the President may delegate any of his functions under this Act, and any person exercising powers under this Act, shall at all times exercise those functions and powers and discharge duties as a trustee of all the land in Tanzania so as to advance the economic and social welfare of the citizens.

   (3) Every person lawfully occupying land, whether under a right of occupancy, wherever that right of occupancy was granted, or deemed to have been granted, or under customary tenure, occupies and has always occupied that land, the occupation of such land shall be deemed to be property and include the use of land from time to time for depasturing stock under customary tenure.

   (4) For the purposes of the management of land under this Act and all other laws applicable to land, public land shall be in the following categories–

   (a)   general land;

   (b)   village land;

   (c)   reserved land.

   (5) A grant of a right of occupancy shall be made in the name of the President and shall be sealed with a seal of a nature and pattern which the President may, by order published in the Gazette, approve.

   (6) Nothing in this section shall be construed to affect the validity of any right of occupancy lawfully granted or deemed to have been granted or consented to under the provisions of any law in force in Tanzania before the commencement of this Act.

   (7) The President may, subject to the provisions of this part, by order published in the Gazette, transfer or exchange land from one category of land described in subsection (4) to another category of land so described.

5.   Transfer of general or reserved land to village land

   (1) Where the President is minded to transfer any area of general or reserved land to village land he may direct the Minister to proceed in accordance with the provisions of this section.

   (2) The Minister shall cause to be published in the Gazette and sent to the Village Council of the village to which general or reserved land may be transferred, hereinafter referred to as "transferred land" a notice specifying–

   (a)   the location of the transferred land;

   (b)   the boundaries and extent of the transferred land;

   (c)   a brief statement of the reasons for the proposed transfer;

   (d)   the date, being not less than sixty days from the date of the publication of the notice, on which the President may exercise his powers to transfer the transferred land or part of it.

   (3) Where the transferred land is–

   (a)   reserved land, a copy of the notice shall be sent to–

      (i)   the Minister responsible for that reserved land; or

      (ii)   where a local authority is responsible for that land, to that local authority; and

      (iii)   where there are any persons occupying and using that land, to those persons in a manner and form that will enable them to understand the information contained in the notice;

   (b)   general land, a copy of the notice shall be served on–

      (i)   the local authority in whose area the land is situate;

      (ii)   the holder of any right of occupancy in that land;

      (iii)   the holder of any derivative right in that land;

      (iv)   any person occupying or using that land under customary law,

      and in the case of the persons referred to in subparagraphs (ii), (iii) and (iv) the notice shall be in a manner and form that will enable those persons to understand the information contained in the notice.

   (4) Any person who has received a notice under subsection (3) may, within not less than twenty nor more than forty days from the date of the receipt of the notice, make representations to the Commissioner or an authorised officer who shall be under a duty to hear and record the representations and take them into account in any report prepared for the President on the proposed transfer.

   (5) The Commissioner shall, after taking account of any representations received under subsection (4), prepare a report for the Minister to submit to the President on the proposed transfer.

   (6) Where the subject of a report referred to in subsection (5) is reserved land, a copy of the report shall be conveyed to the Minister responsible for that reserved land.

   (7) Where a granted right of occupancy exists in any transferred land or a part thereof, a transferred land shall, unless the instrument of transfer provides otherwise, operate as a compulsory acquisition of that right of occupancy and compensation on it shall be payable.

   (8) Where persons are occupying and using the general transferred land or a part of it under a customary right of occupancy, the transfer of that land to village land shall not, of itself, operate to determine or affect the rights of such persons to continue to occupy and use that land under that customary right of occupancy but that land shall, after the transfer, be under the jurisdiction of the Village Council of the village to which the land has been transferred.

   (9) After receiving the report of the Commissioner prepared under subsection (5) and any representations made by the Minister in any case to which subsection (6) applies, the President may exercise his power to transfer the transferred land or a part of it, and allocate that land to a village named in the document of transfer.

   (10) The President may direct the Minister to appoint an inquiry under section 18 into a proposed transfer under this section and where such an inquiry has been appointed, no further action shall be taken on the proposed transfer until the inquiry has reported.

   (11) A transfer of general or reserved land to village land shall be notified in the Gazette and shall come into effect thirty days after the date of the publication of the notice.

   (12) Village land may be transferred to general land in accordance with the provisions of the Village Land Act *.

6.   Categories of reserved land

   (1) Reserved land is–

   (a)   land reserved, designated or set aside under the provisions of the–

      (i)   Forests Act *;

      (ii)   National Parks Act *;

      (iii)   Ngorongoro Conservation Area Act *;

      (iv)   Wildlife Conservation Act *;

      (v)   Marine Parks and Reserves Act *;

      (vi)   Town and Country Planning Act *;

      (vii)   Highway Act *;

      (viii)   Public Recreation Grounds Act *;

      (ix)   Land Acquisition Act *;

   (b)   land parcel within a natural drainage system from which the water resource of the concerned drainage basin originates;

   (c)   land reserved for public utilities;

   (d)   land declared by order of the Minister, in accordance with the provisions of this Act, to be hazardous land.

   (2) Where a right of occupancy has been acquired, revoked or surrendered in general land which is within or contiguous to an area of reserved land, the President may declare that general land to be reserved land of the same nature and subject to the same law as the reserved land of which it has, by that declaration, become a part.

7.   Declaration of hazardous land

   (1) For the purposes of this Act, hazardous land is land the development of which is likely to pose a danger to life or to lead to the degradation of or environmental destruction on that or contiguous land and includes but is not limited to–

   (a)   mangrove swamps and coral reefs;

   (b)   wetlands and off-shore islands;

   (c)   land designated or used for the dumping of hazardous waste;

   (d)   land within sixty metres of a river bank or the shoreline of an inland lake, beach or coast;

   (e)   land on slopes with a gradient exceeding any angle which the Minister shall, after taking account of proper scientific advice, specify;

   (f)   land specified by the appropriate authority as land which should not be developed on account of its fragile nature or of its environmental significance.

   (2) The declaration of any land to be hazardous land shall be in accordance with the provisions of this section.

   (3) Where the Minister considers that an area of land should be declared to be hazardous land, in this section referred to as "proposed hazardous land" he shall publish a notice in the Gazette specifying–

   (a)   the location of the proposed hazardous land;

   (b)   the boundaries and extent of the proposed hazardous land;

   (c)   a brief statement of the reasons for the proposed declaration;

   (d)   the date, being not less than sixty days from the date of the publication of the notice, when the declaration may be made.

   (4) A copy of the notice referred to in subsection (3) shall be–

   (a)   served on all persons occupying and using the proposed hazardous land in a manner and form as will be understandable to those persons;

   (b)   served on all local authorities having jurisdiction in the area of the proposed hazardous land;

   (c)   put up in conspicuous places within the area of the proposed hazardous land.

   For the purpose of this subsection "Gazette" shall include official Gazette or local newspapers.

   (5) All persons and authorities on whom a notice has been served and all persons and organisations on whom a notice should have been served but was not and any other person or organisation with an interest in land may, within not less than thirty days after the date of the service of the notice, make representations to the Commissioner on the proposed declaration and the Commissioner shall be under a duty to hear and record the representations and take them into account in determining whether to recommend to the Minister that the land or any part of it be declared to be hazardous land.

   (6) Where the Minister, after considering a report prepared by the Commissioner under subsection (5), determines that the proposed hazardous land or a part of it shall be declared to be hazardous land, he may, subject to subsection (7), make a declaration accordingly.

   (7) Where the proposed hazardous land or a part of it is occupied and used by any person under a granted or customary right of occupancy, the Minister shall, if he considers that that land or a part of it should be declared to be hazardous land, report the matter to the President.

   (8) The President may, after considering the report of the Minister, declare any land to which subsection (7) applies to be hazardous land and any such declaration shall operate to compulsorily acquire, subject to compensation, any right of occupancy in that land.

   (9) A notice of a declaration of hazardous land shall be published in the Gazette in the manner provided for under sections 169 and 170 of this Act and shall come into force thirty days after the date of the publication of the notice.

PART IV
ADMINISTRATION (ss 8-18)

8.   Minister's responsibilities

   The Minister shall be responsible for policy formulation and for ensuring the execution by officials in the Ministry of the functions connected with the implementation of the National Land Policy and of this Act which are allocated or delegated to him by the President and in pursuance of this responsibility, the Minister may–

   (a)   give any advice, guidance and directives to the officials in the Ministry which will in his opinion be conducive to the efficient, effective, economical, impartial and transparent administration of land under this Act;

   (b)   seek advice from any official in the Ministry concerning the implementation of the National Land Policy and of the administration of land under this Act;

   (c)   seek advice from other knowledgeable persons concerning the administration of land and the implementation of this Act;

   (d)   take all other necessary actions and decisions which will enable him to discharge all the functions which are allocated or delegated to him by the President in connection with the implementation of the National Land Policy and of the administration of land under this Act.

9.   Appointment of Commissioner for Lands

   (1) There shall be a Commissioner for Lands who shall be appointed by the President.

   (2) In appointing the Commissioner, regard shall be had to the need to appoint a person of proven probity with qualifications, skill and practical experience in land management or law in the public or private sector.

10.   Functions of the Commissioner

   (1) The Commissioner shall be the principal administrative and professional officer of, and adviser to, the Government on all matters connected with the administration of land and shall be responsible to the Minister for the administration of this Act and the matters contained in it.

   (2) The President may, by notification in the Gazette, delegate any of the specific functions under this Act which are vested in him, in accordance with any terms and conditions which he sees fit, to the Commissioner.

   (3) The President may, through the Minister, give directives in writing to the Commissioner concerning the proper discharge by the Commissioner of the functions conferred by this Act on the President which the President has, under subsection (2), delegated to the Commissioner and the Commissioner shall comply with those directives.

   (4) The Commissioner may from time to time, as he sees fit, issue and publish circulars and directives on the administration of this Act but no such circulars or directives shall purport to alter, amend or depart from the provisions of this Act or any regulations made under this Act or contradict any advice, guidance or directives issued by the Minister under section 9.

   (5) Where the Commissioner is required or empowered by this Act to make a determination affecting or likely to affect the rights of any person or the opportunity for any person to exercise any powers conferred on that person by this Act, the Commissioner shall, where he makes a determination which is adverse to that person give that person reasons for that determination.

   (6) The Commissioner shall prepare and publish an annual report on the management of land for which he is responsible and each report shall include all directives given to the Commissioner under subsection (3) together with a brief statement of the action taken to comply with any of those directives.

11.   Appointment of officers

   (1) There shall be appointed a Deputy Commissioner of Lands and one or more Assistant Commissioners and, after obtaining the advice of the Commissioner, any other officers whom the appointing authority shall consider necessary.

   (2) In appointing officers under subsection (1) of this section, regard shall be had to the need to appoint a person of proven probity with qualifications, skill and practical experience in land management or law in the public or private sector.

   (3) Officers appointed under this section shall be allocated any functions and shall be located in any offices in any areas as the Commissioner considers will contribute to the proper management of land.

   (4) Officers appointed under this section shall be subject to the directions of and answerable to the Commissioner.

   (5) Functions vested in the Commissioner by this or any other legislation may be exercised by any officers whom the Commissioner shall, on any terms as he may specify in writing, authorise to do so and those officers shall be referred to as "authorised officers".

   (6) Where the Commissioner delegates any of his functions connected with the signing and execution of rights of occupancy, that delegation shall–

   (a)   be to a named officer;

   (b)   be published in the Gazette;

   (c)   not take effect until publication in the Gazette.

   (7) Any local authority officer or officer appointed to and working in any other public organisation allocated any functions relating to land arising out of or under or in connection with this Act by that local authority or other public organisation shall comply with any directives of the Commissioner issued to him specifically or generally, and shall have regard to any circulars issued by the Commissioner.

   (8) All courts, judges and persons acting judicially shall take judicial notice of the signature of the Commissioner and any person to whom he has delegated his functions under subsection (6).

12.   Land Allocations Committees

   (1) The Minister shall establish Committees at appropriate levels of Government to be called the Land Allocations Committees to advise the Commissioner on the exercise of his powers to determine applications for rights of occupancy.

   (2) The Land Allocations Committee shall be composed of any persons with any tenure of office which the Minister shall by regulations made under section 179 of this Act prescribe and may, subject to the approval of the Minister concerned, include officials from any other Ministry.

   (3) Land Allocations Committees shall be established at Central, Urban or District Authorities.

   (4) The names of the members of the Land Allocations Committees shall be published in the Gazette and posted up in the Ministry's headquarters and district offices.

13.   Information from the Commissioner to members of the public

   (1) The Commissioner and all officers appointed under this Act shall, where it is practical to do so, provide information and guidance of a general character either orally or in writing, to members of the public in connection with land matters and the implementation of this Act.

   (2) Where the information required to be provided under subsection (1) above is of confidential character, regard shall be given to the provisions of the National Security Act *.

   (3) Subject to the provisions of section 15, unless otherwise specifically stated in writing and signed by the Commissioner or an authorised officer, information, guidance, advice and assistance provided under this section shall not create any legal liability in the Government, the Commissioner, or the officer giving the advice and assistance.

14.   Functions and roles of local government authorities under this Act

   (1) A local government authority, shall not, unless specifically authorised by this Act or any regulation made under the authority of this Act, make an offer of or grant any right of occupancy to any person or organisation and any such purported offer or grant shall be void.

   (2) No officer of a local government authority, other than an officer authorised by this Act or in writing by the Commissioner shall make or sign an offer of a right of occupancy and any such purported offer shall be void.

   (3) A local government authority, acting through a duly constituted committee or through duly appointed offices may make representations in writing or orally to the Commissioner on any matter connected with the administration of land under this Act situate within their area of jurisdiction and the Commissioner shall have regard to that representation.

   (4)(a) A District Council may provide advice and guidance to any Village Council situate within its area of jurisdiction concerning the administration by that Village Council of village land, either in response to a request for such advice and guidance from a Village Council or of its own motion and any Village Council to which such advice and guidance is given, shall have regard to such advice and guidance;

   (b) No advice and guidance given by a Village Council under paragraph (a) shall contradict or conflict with any directive or circular issued by the Commissioner under subsection (4) of section 10.

   (5) Where a local government authority receives an application for a granted right of occupancy, it shall forward that application to the Commissioner and may include comments and recommendations about that application which it considers appropriate and the Commissioner shall have regard to the comments and recommendations received.

   (6) The Commissioner shall use his best endeavours to ensure that all local government authorities and associations of local authorities are consulted and kept informed about the administration of land under this Act and all other laws connected with the administration of land.

15.   Conflict of interests

   (1) Where any matter concerning land in which any officer exercising functions under this Act or any member of his immediate family has an interest is allocated to, referred to or otherwise comes to that officer for his advice, assistance or decision, that officer shall not exercise any functions under this Act in respect of that land.

   (2) Where the officer referred to in subsection (1) is the Commissioner, he shall declare his interest to the Permanent Secretary, and where the officer referred to in subsection (1) is an officer appointed under section 11, shall declare his interest to the Commissioner and the Permanent Secretary or the Commissioner, as the case may be, shall appoint some other officer to exercise functions under the Act in respect of that land.

   (3) Where any land is advertised or offered for a right of occupancy in pursuance of any provision of this Act, any officer exercising functions under this Act who wishes to apply for or bid for that right of occupancy or who has knowledge that any member of his immediate family wishes to apply for or bid for that right of occupancy shall forthwith inform the Commissioner or if he is the Commissioner, inform the Permanent Secretary and such officer or the Commissioner, as the case may be, shall not exercise any functions in respect of that land.

   (4) A person to whom subsection (1), (2) or (3) applies shall not influence or seek or attempt to influence any officer exercising functions under this Act or any other legislation to show any undue favour or preference to him or any member of his immediate family in respect of the land the subject of the declaration of interest under subsection (1) or advertised or offered for a right of occupancy under subsection (3).

   (5) Any person exercising functions under this Act to whom this section applies who contravenes any of the provisions of this section shall render himself liable to disciplinary proceedings in accordance with the Civil Service Regulations and including dismissal from the public service with reduction or loss of pension entitlements.

   (6) Where a conflict of interest as described in subsection (1) or subsection (3) arises in respect of the administration of village land, any member of a Village Council or a committee of the council dealing with land who is covered by any such description shall declare his conflict of interest and shall take no further part in nor attend any meeting of the Village Council or its committee where the land of which the subject of the conflict of interest is on the agenda, and the person who fails to declare his conflict of interest or who contravenes the provisions of subsection (4) shall render himself liable to–

   (a)   criminal proceedings;

   (b)   forfeiture of any benefits which he or any member of his immediate family have or may have obtained as a result of any contravention of this section.

   (7) In this section "immediate family" means, any other person related to that person as a father or mother, son or daughter, wife or husband, and brother or sister whether born in or out of wedlock, whether born in or outside Tanzania, and where any person referred to above has had more than one spouse, shall include all those spouses.

16.   Protection of officers

   No officer appointed under this Act shall be personally liable for any act or matter done or ordered to be done or omitted to be done by him in good faith and without negligence and in the intended or purported exercise of any power, or the performance of any duty, conferred or imposed on or allocated or delegated to him by or under this Act.

17.   National Land Advisory Council

   (1) There is hereby established a National Land Advisory Council which shall have not less than seven members and not more than eleven members appointed by the Minister and the Chairman of the council shall be appointed by the President.

   (2) In appointing members to the Council, the Minister shall have regard to the importance of ensuring a fair balance of men and women in the Council.

   (3) The composition and procedures of the Council shall be as provided for in the regulations made under this Act.

   (4) The functions of the Council shall be–

   (a)   to review and advise the Minister on the National Land Policy and recommend changes where necessary;

   (b)   to review institutional framework and advise the Minister on jurisdiction and organisational structures of the institutions involved in land matters.

18.   Inquiries

   (1) The Minister may, for any purpose for which he thinks fit appoint one or more persons to hold an inquiry into any matter concerning land or arising out of the operation of this Act.

   (2) Where the Minister considers that the matters to be inquired into are so serious that it would be desirable that a judge of the High Court hold the inquiry, he shall seek and act on the advice of the Chief Justice as to the judge who shall hold the inquiry.

   (3) Every inquiry shall be held at any time, being not less than one month from the date of the notification of the holding of an inquiry, and place which the Minister shall direct.

   (4) Every inquiry shall be open to the public provided that the person holding or chairing the inquiry, may for good cause certify in writing that any particular evidence which the inquiry wishes to hear shall be taken in private.

   (5) Every person whose conduct is or may be called into question at an inquiry shall be entitled to be represented at and heard by the inquiry.

   (6) An inquiry shall be conducted in accordance with the principles of natural justice, but subject to that, the person holding or chairing the inquiry shall exercise his own discretion in determining the procedures of the inquiry.

   (7) The person holding or chairing the inquiry shall have all the powers of a judge of the High Court to summon witnesses, call for the production of books, plans and documents and to examine witnesses and parties on oath.

   (8) The inquiry shall be deemed to be a judicial proceeding for purposes of sections 102 to 110, 114 and 114A of the Penal Code *.

   (9) The person or persons holding the inquiry shall as soon as may be after the conclusion of the hearing prepare and submit to the Minister a report of the inquiry which shall include any advice and recommendations to the Minister which the terms of reference for the inquiry require or which the person or persons aforesaid think necessary to make.

   (10) The report of the inquiry shall be published and the defence of qualified privilege shall attach to that report.

PART V
RIGHTS AND INCIDENTS OF LAND OCCUPATION (ss 19-23)

19.   Rights to occupy land

   (1) The rights to occupy land which a citizen, a group of two or more citizens whether formed together in an association under this or any other law or not, a partnership or a corporate body, in this Act called "right holders", may enjoy under this Act are hereby declared to be–

   (a)   a granted right of occupancy;

   (b)   a right derivative of a granted right of occupancy, in this Act called a derivative right.

   (2) A person or a group of persons, whether formed into a corporate body under the Companies Act * or otherwise who is or are non-citizens, including a corporate body the majority of whose shareholders or owners are non-citizens, may only obtain a right of occupancy or derivative right for purposes of investment prescribed under the Tanzania Investment Act *.

20.   Occupation of land by non-citizen restricted

   (1) For avoidance of doubt, a non-citizen shall not be allocated or granted land unless it is for investment purposes under the Tanzania Investment Act *.

   (2) Land to be designated for investment purposes under subsection (1) of this section shall be identified, gazetted and allocated to the Tanzania Investment Centre which shall create derivative rights to investors.

   (3) Subject to section 37(8), all lands acquired prior to the enactment of this Act shall be deemed to have no value, save for unexhausted improvements for which compensation may be paid under this Act or any other law.

   (4) For the purposes of this Act, any body corporate of whose majority shareholders or owners are non-citizens shall be deemed to be non-citizens or foreign company's.

   (5) At the expiry, termination or extinction of the right of occupancy or derivative right granted to a non-citizen or a foreign company, reversion of interests or rights in and over the land shall vest in the Tanzania Investment Centre or any other authority as the Minister may prescribe in the "Gazette".

21.   Ceiling on land occupancy

   (1) The Minister shall make regulations prescribed under section 179 of this Act providing for an area of land that a person can hold under single right of occupancy or derivative right or in any way otherwise disposed of to any person or body corporate.

   (2) The regulations made under the provisions of section 179 and subsection (1) of this section shall provide for consultation in determining land ceilings under this section.

22.   Incidents of granted right of occupancy

   (1) A granted right of occupancy shall be–

   (a)   granted by the President;

   (b)   in general or reserved land;

   (c)   of land which has been surveyed;

   (d)   required to be registered under the Land Registration Act *, to be valid and, subject to the provisions of that law and this Act, indefeasible;

   (e)   for a period up to but not exceeding 99 years;

   (f)   at a premium;

   (g)   for an annual rent which may be revised from time to time;

   (h)   subject to any prescribed conditions;

   (i)   capable of being the subject of dispositions;

   (j)   liable, subject to the provisions of this Act, to revocation;

   (k)   liable, subject to the prompt payment of full compensation, to compulsory acquisition by the state for public purposes.

   (2) A granted right of occupancy shall not confer on the holder any water rights or rights over the foreshore unless those rights are expressly mentioned nor shall it confer on the holder or any person acting under the authority of the holder any rights to mines, minerals, or gas or the right to appropriate and remove from the country for gain or for purposes of research of any kind any flora or fauna naturally occurring or present on the land or any palaeontological or archaeological remains found on the land.

23.   A residential licence and its incidents

   (1) A derivative right, in this Act referred to as a residential licence, confers upon the licensee the right to occupy land in non-hazardous land, land reserved for public utilities and surveyed land, urban or peri-urban area for the period of time for which the residential licence has been granted.

   (2) Any person who at the commencement of this Act, has, without any official title, acquired and occupied as his home for not less than three years, land in an urban or peri-urban area other than land held for a granted or customary right of occupancy or as a tenant of a person so holding land or land to which subsection (2) of section 51 applies, shall by virtue of this Act be deemed to occupy that land as a residential licensee under a licence granted from year to year to that person by the local authority having jurisdiction in the area where that land is situate.

   (3) Subject to the provisions of this Act, a residential licence may be granted by a local authority–

   (a)   to any person occupying land without official title or right within the area of jurisdiction of that local authority as his home;

   (b)   for a term which shall be not less than six months but not more than two years which may be renewed for a similar term;

   (c)   subject to any conditions, including conditions as to the payment of any fees or charges which may be specified in the licence or which may be prescribed.

   (4) A residential licence shall not be assignable by the licensee.

   (5) A residential licence shall bind the successor in title to the licensor who obtains the land with actual or constructive notice of the licence.

   (6) Where a person or family has occupied land in the same location under a residential licence for not less than three years, he or they shall be entitled to compensation under the Land Acquisition Act * where that land is to be acquired for a public purpose or where that person or family is to be removed from the land as if that person or family had a right of occupancy in the land and section 12 and Part III of that Act did not apply to that land.

PART VI
GRANTED RIGHTS OF OCCUPANCY (ss 24-52)

SUBPART 1
GRANT OF RIGHT OF OCCUPANCY (ss 24-30)

24.   Application of this Part

   This Part applies to granted rights of occupancy hereafter referred to as "rights of occupancy".

25.   Procedure for application for right of occupancy

   (1) An application for a right of occupancy shall be–

   (a)   submitted on a prescribed form and accompanied by a photograph;

   (b)   accompanied by the prescribed fee;

   (c)   signed by the applicant or a duly authorised representative or agent of the applicant;

   (d)   sent or delivered to the Commissioner or an authorised officer;

   (e)   contain or be accompanied by any information which may be prescribed or which the Commissioner may in writing require the applicant to supply;

   (f)   accompanied by a declaration in the prescribed form of all rights and interests in land in Tanzania which the applicant has at the time of the application;

   (g)   where any law requires the consent of any local authority or other body before an application for a right of occupancy may be submitted to the Commissioner, accompanied by a document of consent, signed by the duly authorised officer of that local authority or other body;

   (h)   if made by a non-citizen or foreign company, accompanied by a Certificate of Approval granted by the Tanzania Investment Centre under the Tanzania Investment Act * and any other documentation which may be prescribed by that Act or any other law;

   (i)   If an application for a right of occupancy or a derivative right, which is made by a non-citizen or a foreign company, is for residential purposes, the use of such land shall be secondary or ancillary to the investment approved under the Tanzania Investment Act *.

   (2) The Commissioner may require an applicant to submit information relevant to that application, additional to that already submitted with the application, and shall not be obliged to determine the application until that additional information has been submitted or a satisfactory explanation provided as to why it is not practical or possible to submit that additional information.

   (3) Where an application is for a right of occupancy in reserved land, the Commissioner shall refer that application to the official or the public body having jurisdiction over that reserved land and shall take account of any representations that such official or such public body shall make on that application.

   (4) Where an application is for a right of occupancy the development of which in accordance with the application will have, in the opinion of the Commissioner, a substantial effect on the activities and services provided by the local authority in the area where the land the subject of the right of occupancy is situate, the Commissioner shall refer that application to that local authority and shall take account of any representations made by that local authority on that application.

   (5) Any official to whom or public body or local authority to which an application is referred under subsection (3) or (4) may make any such representations on that application within twenty days of the receipt of that application.

   (6) The Commissioner shall maintain a register of applications in the prescribed form which shall be available to inspection by the members of the public at reasonable times during office hours.

26.   Determination of application by Commissioner

   (1) The Commissioner shall be responsible for determining any application for a right of occupancy under the provisions of sections 27, 28 and 29 of this Part.

   (2) Where the power to recommend whether a right of occupancy be granted has been allocated or delegated to a local authority or other body by or under this Act or any other law, the Commissioner shall, in any case–

   (a)   if he approves of the recommendation, act on it;

   (b)   if he is disposed to reject the recommendation, return it to the local authority or other body which made the recommendation with a statement of his reasons for rejecting that recommendation and a request for that local authority or other body to reconsider its recommendation.

   (3) Where a local authority or other body has reconsidered a recommendation referred back to it under paragraph (b) of subsection (2), and submits the same or a substantially similar recommendation to the Commissioner, he shall either–

   (a)   act on that recommendation; or

   (b)   reject that recommendation and inform the local authority or other body of his reasons for so rejecting that recommendation.

   (4) The Commissioner may determine whether to–

   (a)   grant subject to the conditions set out in section 34 and any other conditions which may be prescribed the right of occupancy;

   (b)   grant subject to those conditions and any additional condition which he considers necessary or desirable to endure the beneficial occupation and use of the land the subject of the right of occupancy; or

   (c)   grant subject to any conditions as he may be asked to impose by any public authority having jurisdiction over any reserved land in respect of which an application for a right of occupancy has been made; or

   (d)   grant, subject to any conditions which he may be asked to impose by any local authority having jurisdiction over the area where the land the subject of the application is situate; or

   (e)   reject the application for a right of occupancy.

   (5) Any person aggrieved by a decision made under this section shall appeal to the Minister.

27.   Offer of a right of occupancy

   (1) The Commissioner shall, where it has been determined that a right of occupancy shall be granted to an applicant, make an offer in writing, hereinafter referred to as a "letter of offer" to that applicant setting out the terms and conditions upon which a grant may be made to that applicant.

   (2) A letter of offer shall–

   (a)   be in a prescribed form;

   (b)   contain all the terms and conditions subject to which a grant of a right of occupancy may be made;

   (c)   be signed by the Commissioner or an authorised officer;

   (d)   bear an official stamp;

   (e)   be delivered or sent by registered mail to the applicant or his duly authorised representative or agent.

   (3) The Commissioner may withdraw a letter of offer after an affirmative reply to the offer has been received and shall be liable to compensate the applicant for any losses which the applicant has suffered by reason of the withdrawal of the letter of offer, unless within fourteen days of that withdrawal, he makes an alternative offer to the applicant which is in substantially the same terms as the offer which has been withdrawn.

28.   Acceptance of offer of right of occupancy

   (1) An acceptance of offer of a right of occupancy in writing shall–

   (a)   be in a prescribed form;

   (b)   be accompanied by any fee or deposit, or bankers' draft, letter of credit or other irrevocable commitment to pay such fee or deposit which has previously been agreed upon in writing as is required by the letter of offer;

   (c)   be signed by the applicant or his duly authorised representative or agent.

   (2) A document which does not comply in every respect with the provisions of paragraphs (a) and (c) of subsection (1) and which is not accompanied by the necessary monies in one of the ways provided for in paragraph (b) of subsection (1), shall not be taken to be and shall have no effect whatsoever as an acceptance in writing.

29.   Grant of right of occupancy

   (1) Where the Commissioner determines to grant a right of occupancy to a person who–

   (a)   has accepted a letter of offer of a right of occupancy; or

   (b)   is in occupation of land under a right of occupancy or under an acceptance of an offer of a right of occupancy; or

   (c)   is otherwise entitled to a right of occupancy,

he shall issue a certificate, referred to as a 'certificate of occupancy' to that person.

   (2) A certificate of occupancy shall be issued in the name of the President and shall be in a prescribed form.

   (3) A certificate of occupancy shall be deemed to be duly and validly executed if it is signed by the Commissioner and sealed with his official seal and purports to be signed and sealed by the President and further proof of such execution shall not be required for the purpose of registration under the Land Registration Act *.

   (4) The occupier to whom a certificate of occupancy is issued shall sign at the bottom of the certificate as acceptance of the terms and conditions of that certificate and no certificate of occupancy shall be valid or give rise to any liabilities on the part of the state or any rights on the part of the occupier to whom the certificate has been issued until it is so signed.

30.   Registration of letter of offer   

   (1) Where a certificate of occupancy in respect of a plot of general or reserved land is not issued to a person who has accepted a letter of offer in respect of that plot of general or reserved land within one hundred and eighty days of the receipt of that acceptance by the Commissioner, the offeree may apply to the Registrar of Documents in the prescribed form to register the letter of offer for the purposes of creating a notice of impending ownership delivered to the Registrar under section 27 of the Land Registration Act *, and, subject to the provisions of this section, the provisions of that Act shall apply to that letter of offer as if it were a certificate of occupancy.

   (2) The registration of a letter of offer, registered under the Registration of Documents Act, which is delivered to the Registrar for registration under subsection (1), shall cease to have any force or effect under the Registration of Documents Act from the date on which it is registered under the Land Registration Act *, provided that any priority of documents which came into effect in respect of and as a consequence of the registration of a letter of offer under the Registration of Documents Act * shall not be affected by the provisions of this subsection.

   (3) The registration of a letter of offer under the Land Registration Act * shall cease to have any force of effect from the date on which a certificate of occupancy delivered to the Registrar under section 27 of the Act is registered and the Registrar may exercise his powers under section 109 of the Act in respect of any such registered letter of offer provided that any priority of interests which came into effect in respect of and as a consequence of the registration of a letter of offer under the Act shall not be affected by this subsection.

   (4) The Registrar shall take any steps and make any decisions which are in his opinion necessary and desirable to ensure that a letter of offer registered under the Land Registration Act provides the holder of a right of occupancy with the same security of title of, and the same facility for dealing with, that right of occupancy as would be the case if a certificate of occupancy had been registered in the name of that holder of the right of occupancy.

SUBPART 2
CONDITIONS ON RIGHT OF OCCUPANCY (ss 31-35)

31.   Payment of premium on grant of right of occupancy

   (1) The Minister may require the payment of a premium on the grant of a right of occupancy.

   (2) A premium shall be paid in one or more instalments as may be determined by the Minister.

   (3) In determining the amount of a premium, the Minister shall have regard to–

   (a)   the use of the land permitted by the right of occupancy which has been granted;

   (b)   the value of the land as evidenced by sales, leases, and other dispositions of land in the market in the area where the right of occupancy has been granted, whether those sales, leases and other dispositions are in accordance with this Act or any law relating to land which this Act replaces;

   (c)   the value of land in the area as evidenced by the price paid for land at any auction conducted by or on behalf of the government;

   (d)   the value of land as evidenced by the highest officer made in response to a request made by or on behalf of the government, a local authority or parastatal for a tender for the development of land in the area;

   (e)   any unexhausted improvements on the land;

   (f)   an assessment by a qualified valuer given in writing of the value of land in the open market.

   (4) Where the payment of a premium is required, a demand for that payment shall be sent or delivered to the person to whom the certificate of occupancy is to be sent or delivered at the same time as or before the certificate of occupancy is sent or delivered to that person.

   (5) Failure to pay a premium or any instalment and on the date at which the payment of that premium or instalment falls due shall be deemed to be a breach of a condition of the right of occupancy which shall give rise to revocation of a right of occupancy.

32.   Length of term of right of occupancy

   (1) A right of occupancy may be granted–

   (a)   for a term up to but not exceeding ninety-nine years;

   (b)   for a term together with an option for a further term or terms which together with the original term may be up to but shall not exceed, ninety-nine years;

   (c)   from year to year or for periods of less than a year determinable by the Commissioner by one year's notice or less, whether or not the grant includes an initial fixed term, so long as that initial fixed term does not exceed four years.

   (2) Where a right of occupancy has been granted for a term certain, with or without an option for a further term or terms certain, no reduction in the length of that term certain or the term or terms certain contained in the option or options shall be made to or introduced into that right of occupancy by the Commissioner without the agreement of the occupier.

   (3) Where a right of occupancy comes to an end through affliction of time, the person or organisation occupying the land under that right of occupancy shall, if he has complied with the terms and conditions of that right of occupancy in a satisfactory manner and it is practical so to do, be offered a renewal of that right of occupancy on any terms and conditions which the Commissioner may determine before that right of occupancy is offered to any other person or organisation.

   (4) The provisions of subsection (3) shall not operate to preclude the Government or a local authority or other public body from causing the land occupied under the right of occupancy to which subsection (3) refers to be developed or redeveloped in such a way that it is impractical to grant a right of occupancy of that land to the former holder of that right of occupancy and where such development or redevelopment takes place, the former holder of the right of occupancy shall not be entitled to any compensation for the loss of any expectation created by the provisions of subsection (3).

33.   Rent

   (1) The holder of a right of occupancy shall, subject to the provisions of this section, pay an annual rent for that right of occupancy in the manner provided for under the provisions of the Public Finance Act *.

   (2) Rent shall be paid in any instalments and at any intervals of time during the year as the Commissioner shall determine or which is provided in the certificate of occupancy.

   (3) Rent shall be paid to the Commissioner or an authorised officer at the office of the Commissioner or any other place which the Commissioner determines or which may be prescribed.

   (4) In determining the amount of any rent, the Commissioner shall have regard to–

   (a)   the area of the land which is the subject of the right of occupancy;

   (b)   the use of land permitted by the right of occupancy which has been granted;

   (c)   the value of land as evidenced by sales, leases and other dispositions of land in the market in the area where the right of occupancy has been granted, whether those sales, leases and other dispositions are in accordance with this Act or any law relating to land which this Act replaces;

   (d)   where the right of occupancy has been granted for any commercial or residential development in any urban or peri-urban area and there has been no such development in that area or no or insufficient sales, leases or other dispositions of land or no or insufficient evidence of same in that area from which an assessment of the value of land may be arrived at, an assessment by a qualified value of the value of land in the open market in that area which may be developed for the purpose for which the right of occupancy has been granted;

   (e)   the amount of any premium required to be paid on the grant of a right of occupancy.

   (5) For the purpose of computing the rent payable in respect of any land in connection with any subdivisions, partition, amalgamation or any other transaction which reduce the area of the land after the determination of the rent for that land, the Commissioner shall where two or more plots of land are created out of the land for which the rent was determined, apportion the rent payable between the two or more plots of land in the same proportion as the two or more plots of land bear to the whole of the land for which the rent was originally determined.

   (6) Notwithstanding anything to the contrary contained in any certificate of occupancy or in any of the provisions of any conditions of a right of occupancy, in every case in which the Commissioner requires the payment of a rent, the Commissioner shall have the power to revise that rent at intervals of not less than three years and in any exercise of that power, the determination of any revised rent shall be in accordance with subsection (2) of this section.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.