assessment ofthe extent to which lesotho's land act 1979
TRANSCRIPT
Assessment of the extent to which Lesotho's Land Act 1979 (Act #17) hadand impact on urban morphology and patterns of Land development in
Maseru and its peri-urban areas: The case of Mapeleng and Sekamaneng.
By: Khopotso Hazel Ntlaloe
A dissertation presented in partial fulfilment of the requirements for the degreeof Master of Town and Regional Planning.
University of NatalDurban
ACKNOWLEDGEMENTS
I would like to thank my supervisor, Professor Peter Robinson, through whose
guidance and advice I was able to complete this work. I would like to also
thank all the lecturers in the Town Planning Department.
A special thanks to my family and friends for their support. I would also like to
thank God Almighty, whose presence in my life has made all possible.
•
Table of Contents Page
List of tables .. ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. . ... ... ... ... ... ... ixList of figures ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . xList of maps .. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . xList of Aerial photos... .. . ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... XI
Abbreviations ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . xii
Chapter OneRESEARCH QUESTIONS AND METHODOLOGY 11.1 Introduction 11.2 Research questions 31.3 Research methodology 4
1.3.1 Study area 41.3.2 Private developers 51.3.3 Traditional leaders 71.3.4 Public officials 7
1.4 Definition of terms ... ... ... 81.5 Chapter outline............................................................... 8
Chapter TwoLAND POLICY, TENURE SYSTEMS AND URBAN DEVELOPMENTIN LESOTHO 122.1 Introduction .. 122.2 Historical patterns of urban development in Lesotho .. 122.3 Historical patterns of urban development in Maseru .. 162.4 Land policy issues .. 182.5 Land tenure systems 21
2.5.1 Freehold .. 222.5.2 Leasehold .. 222.5.3 Communal 22
2.6 Lesotho's land tenure system............................................... 232.6.1 Land allocation process ......... 25
2.7 Reasons for change in tenure system .. 262.8 Land Act 1979 and allocation process 30
2.8.1 Implementation of the Act .. 342.9 Planning issues 372.10 Conclusions ... ... ... .. 38
PageChapter ThreeANALYSIS OF FINDINGS........................................................ 403.1 Contextualisation of study areas .. 403.2 Introduction ... ... ... 453.3 Private developers 47
3.3.1 Findings in Mapeleng 483.3.2 Conclusions 563.3.3 Findings in Sekamaneng .. 603.3.4 Conclusions .. 67
3.4 Traditional leaders .. 693.4.1 Mapeleng .. 693.4.2 Sekamaneng .. 72
3.5 Public officials 733.5.1 Conclusions 90
Chapter FourDISCUSSIONS AND CONCLUSIONS 924.1 Conclusions ... ... ... ... ... ... ... ... ... 92
Bibliography 100Appendices .. 102
Appendix 1 Questionnaire for public officialsAppendix 2 Questionnaire for private developersAppendix 3 Survey resultsAppendix 4 Coding systemAppendix 5 Copy of Land Act 1979
List of Tables Page
Table 2.1 Changes in size of land holdings '" 27Table 2.2 Landlessness and land scarcity 28Table 3.1 Land ownership in Mapeleng 48Table 3.2 Place of origin 49Table 3.3 Process of land acquisition in Mapeleng 49Table 3.4 Forms of title to land in Mapeleng 52Table 3.5 Year of land acquisition 53Table 3.6 Land prices in Mapeleng 55Table 3.7 Plot sizes in Mapeleng 55Table 3.8 Land ownership in Sekamaneng 61Table 3.9 Process of land acquisition in Sekamaneng............... 61Table 3.10 Plot sizes in Sekamaneng 62Table 3.11 Forms of title to land in Sekamaneng 64Table 3.12 Year of land acquisition 65Table 3.13 Land prices in Sekamaneng 66
ix
List of Figures Page
Figure 2.1 Relationship between role players in development 19
Figure 2.2 Role players in development (communal tenure) 20
Figure 2.3 Role players in development (Leasehold) 21
List of Maps Page
Map 1. Land use map of Maseru 10
Map 2. Map of Lesotho 11
Map 3. Study areas .. , ." 42
Map 4. Selected SDA's in Maseru 33
x
List of Aerial photos
Photo 3.1 Mapeleng in the late 1980's....... 35
Photo 3.2 Sekamaneng in the late 1980's............. 44
Photo 3.3 Mapeleng in the early 1980's 59
Photo 3.4 Sekamaneng in the early 1980's.......... . 70
Photo 3.5 Study areas in the 1970's ...... ... ... 78
xi
Abbreviations
LHLDC
LSPP
MCC
SAA
SDA
Lesotho Housing and Land Development CorporationDepartment of Lands, Survey and Physical Planning
Maseru City Council
Selected Agricultural Area
Selected Development Area
xii
CHAPTER ONE
RESEARCH QUESTIONS AND METHODOLOGY
1.1 Introduction
The study aims to assess if the 1979 Land Act had any land use consequences
in Maseru and its peri-urban areas. Therefore, the objective is to find out if the
Land Act 1979 influenced patterns of land development and urban morphology.
The pattern of land development in Maseru is characterised by several factors.
Firstly, there is a high rate of private individual developers. Building agencies that
exist [such as the Lesotho Housing and Land Development Corporation
(LHLDC)] have had a limited impact. This is because land provided by these
agencies is made available through site and service schemes. These serviced
sites cost more than land that has not been serviced. Therefore, most people opt
for the cheaper option and buy the land that has not been serviced from private
individual sellers. There is also lack of efficient mechanisms put in place to assist
people in securing housing finance. People have to individually source mortgage
finance from financial institutions.
Secondly, Lesotho does not have a national housing policy. A housing policy was
formulated in 1987, but was never adopted. Lack of housing policy results in no
1
Chapter One
clear line and mechanisms to facilitate housing development. A housing policy
would help to identify and set target groups in most need of land, and then proper
and relevant mechanisms would be put in place to help the target groups access
housing. Within a housing policy, the most important aspect that would need to
be addressed is finance. Therefore, a housing policy would put in place
mechanisms to ensure that people had access to finance. Currently, people
access housing finance through financial institutions, employment based housing
schemes or informal money saving schemes. Financial institutions mainly cater
for the high to middle income groups. The low-income group relies mainly on
informal saving schemes in order to access housing finance.
Lack of a housing policy leads to less control over land development process and
hinders proper land management by the government. This has led to unplanned
settlements with sub-standard housing. Approximately 80% of Maseru's urban
settlements are unplanned (MCC planning office: 1998).
Thirdly, the local authority does not have adequate capacity (manpower and
capital) to effectively oversee proper enforcement of planning regulations and
controls. Those who ignore regulations are not penalised. Lack of capital limits
MCC's potential to bank land. This land could then later be sold to the public.
2
Chapter One
Land banking also helps the municipality to acquire appropriate land for public
development projects.
Finally, is should be noted that land development in Maseru is characterised by
low residential densities. Plot sizes are very large. Inability by government to
control land development processes (such as setting standard plot sizes) has led
to these low densities. These low densities are not desirable because residential
land in Maseru is very scarce, while population numbers continue to increase.
There is need to encourage sub-divisions (there is little vacant land within the
urban boundaries), and to also establish more planned developments, especially
in the peri-urban areas. For an illustration of the major land uses found within
Maseru urban area, (refer to map 1 page 10).
1.2 Research questions
It is within the principles of the Land Act of 1979 that this study is based. The
research problem is derived from the argument that the above objectives were
not adequately met. This has led to the Act having minimal impact on
development in Maseru's peri-urban areas. The central issue of this study is: In
what ways has the Land Act 1979 had an impact on Maseru's urban morphology
and patterns of land development? The following questions will also inform the
study:
3
Chapter One
• Has the Land Act 1979 been implemented adequately? If not, what are the
shortcomings or problems experienced?
• Have the objectives of the Act been met? If not, what obstacles were there?
• Has the existence of the Act had any impact in the development and spatial
form in Maseru?
• Has the impact on land and spatial form been positive, negative or both?
• Has the change in land tenure system (that is, change from communal to
leasehold) produced notable changes in the pattern of land development in
Maseru's peri-urban areas?
• In what way, has the spatial form of Maseru changed in the period before 1979
and period after 1979 to the present?
It is hypothesized that the Land Act of 1979 has not been able to curb rapid
urban sprawl and has not changed the pattern of urban morphology and land
development in Maseru's peri-urban areas.
1.3 Research methodology
1.3. 1 The study area:
The study areas (Mapeleng and Sekamaneng) are located north of the greater
Maseru urban area (refer to map.2). Mapeleng is in the Ha-Mabote area, within
4
Chapter One
Maseru urban boundaries and is under the administration of the Maseru City
Council. The village is a mixture of old (some residents go back to the 1940's)
and new residences. Sekamaneng has part of its area within the Maseru urban
boundaries and another portion is at the boundary's periphery in the Berea
plateau. For Sekamaneng, this means that land allocation rights are the
responsibility of the urban land committee for areas within the city boundaries,
and the Village District Council (VDC) for those 'rural' areas outside the Maseru
urban boundaries.
1.3.2 Private Developers
There was no household list for either village in order to carry out random
sampling as it had initially been proposed. The most current aerial photos of
the areas are more than ten years old making it difficult to sample through
use of geographic or aerial sampling which would have been ideal for the
areas, since they are partially rural in nature and houses are scattered
randomly. Since most of the existing households will not show on the aerial
photos, the geographic sampling method was not used.
The sampling method which Was then used in this study was systematic
sampling method in its simplest form. At the Bureau of Statistics, census
data for the study areas is in the number of people living in the area and not
5
Chapter One
the number of households. In this study, households and not individuals
were used as samples.
It is estimated that there are approximately 550 households in Mapeleng area
of Ha-Mabote with a total of 2,189 people for Mapeleng and 4,861 for the
greater Mabote area (Bureau of Statistics Census Data: 1996). Thirty sample
surveys were carried out in Mapeleng using a 1-in-18 systematic sample.
This was determined from the following formula determining the value of k in
a one-in-k systematic sample.
k~ N/n
therefore: k s 550 (estimated # of households)/ 30 (sample size)
=550/30
=18.33
k=18
Thus, a one-in-k systematic sampling become 1-in-18 systematic sampling for
use in the Mapeleng area. This means that one in every eighteenth
household was used as a sample through use of a questionnaire. The first
eighteenth house was selected and every eighteenth household thereafter
was selected as part of the sample.
Sekamaneng has a population of 662 persons (Bureau of Statistics Census
Data: 1996). Thus, it was estimated that there are roughly 160 households
6
Chapter One
within the area, where average household size is 4 persons. A 1-in-5
systematic sample was used in Sekamaneng. The first fifth house in the area
was chosen and the next fifth house thereafter. The sample was derived
from the following:
k ~160/30
k = 5.33
k= 5
1.3.3 Traditional Leaders
Traditional leaders were interviewed. The chiefs which were interviewed were
those who have jurisdiction over the study areas. The interviews were in
depth in nature. Prompts were also used in the interview.
1.3.4 Public Officials
Questionnaires were used for public officials. The respondents were from the
Maseru City Council's (MCC) Planning Department and the Department of
Lands, Survey, and Physical Planning's (LSPP) Planning and Lands
Departments. MCC has jurisdiction over all areas within Maseru's urban
boundaries, which includes Mapeleng and part of Sekamaneng. MCC is
responsible for enforcing planning regulations within its jurisdiction. Land
development committees are also administered by the municipality. LSPP is
7
Chapter One
responsible for granting leases, planning permission and overseeing overall
land development.
1.4 Definition of terms
1. Peri-urban areas- Areas that are found about or around the urban area. In
this study, peri-urban areas are therefore, those areas that are found
immediately outside the city of Maseru's boundaries.
2. Spatial form- The spatial arrangement of the city. That is, the physical form
that the city takes.
3. Urban morphology- the systematic study of the form, shape and plan of an
urban area. This is in terms of the origin, growth and function of the urban
area (Goodall: 1987).
1.5 Chapter outline
Chapter one introduces the study. This introduction deals with specific land
development in Maseru. Thus, it attempts to present what is Maseru's spatial
form and discusses factors that have influenced land development patterns.
Research questions and methodology are also dealt with in this chapter.
8
Chapter One
In chapter two, land policy issues are discussed as well as land tenure systems.
Firstly, land tenure systems are presented with particular emphasis on the
communal tenure system and its application to Lesotho and specifically Maseru.
Secondly, the 1979 Land Act is discussed with particular emphasis on how it
introduced leasehold in Lesotho. Historical patterns of urban development in
Lesotho and Maseru are then presented.
Chapter three will deal with a brief outline contextualising the study areas. Then
research findings will be presented and analysed. In the analysis of findings,
aerial photos are also used. These show the development of Mapeleng and
Sekamaneng in the 1970's and 1980's. In some cases, the maps were rotated in
order to have the same orientation. The approximate boundaries of the areas on
the aerial photos are demarcated with a black line. It was not possible to get
maps of the same scales. Therefore, the detail varies from map to map.
In chapter four, there will be discussions and conclusions.
9
Map 1. Land use map of Maseru
JSgy
Residential [J
Planned Res.
_.._._-- -New develop. 0
~ '.VICommercial ) '\~
Industry (exist.) D '\.I0
-- IIndustry (prop.)
1 Institutional
Hospital [j]
Active open space
Passive open spa. 0Prop. Open space Ir2I
Source: Maseru Development Plan
10
CHAPTER TWO
LAND POLICY, TENURE SYSTEMS AND URBAN DEVELOPMENT INLESOTHO.
2.1 Introduction
In chapter two, the pattern of land development in Lesotho is provided from a
historical perspective. Then land development issues specific to Maseru are
discussed.
Land development and land policy issues are also addressed drawing on
international literature. The process of land acquisition will also be discussed. The
process of land development is then discussed within the context of land tenure
systems. This chapter also introduces the 1979 Land Act.
2.2 Historical patterns of urban development in Lesotho
Phororo and Letuka (1993) point out that initially in Lesotho, there were no urban
and rural areas. Traditional Basotho villages were sparsely populated. Villages
were placed on the edges of rocky hills. lVIakhanya (1979) and Sheddick (1954)
argue that the villages were placed on the hill to allow the more arable land to be
used for cultivation. This was due to the subsistence nature of the economy and
the society. Fair (1981) attributes this placing to the need to settle in out of the
way areas to make it difficult for enemies to attack. All these reasons are sound
and the placing was probably due to both aspects.
Chapter Two
There were two types of settlement patterns. These were the cluster and circular
settlement patterns (Sheddick: 1954). The cluster settlement consisted of
households on the hillside. Circular pattern of settlement was found mainly in the
low lands. In this type of settlement pattern, households made a circle around
open space. Usually this space was used as a meeting place for men to discuss
community issues. Sheddick (1954) argues that the circular settlement pattern is
of older communities when land was abundant.
Migration was a major force that influenced urban development in Lesotho.
Population movement in Lesotho was mainly focused toward the urban areas or
'government reserves' as they were often referred to. These urban areas housed
government administration offices and had concentration of infrastructure and
services. Internal migration originated mainly from the central and southern
lowlands of the country as well as the highland areas. This migration was usually
of a permanent nature. Sembatje and Makatsjane (1992) and Wellings (1983)
assert that migration at times was used as 'spring-board' to launch migrants into
South Africa.
The opening of the first diamond mines in South Africa in 1868 produced an
exodus of male workers from Lesotho to South Africa. Labour migration of
Basotho has been more intense in comparison to Lesotho's regional neighbours
13
Chapter Two
such as Botswana, Swaziland and Zimbabwe. Ambrogetti (1995) argues that
'turning of farmers into miners' was necessary for levy of taxes and diminishing
quantity of land allocated to individual. Also as Thabane and Guy (1984) point
out, South African mines relied on cheap labour, which was in plentiful supply in
Lesotho.
The migrant labour system is circular in nature. Thus, Basotho migrants went to
South Africa for work and ultimately returned home. They came to Maseru and
while there, they held down odd jobs to acquire money to live on while waiting to
be recruited (Thabane and Guy: 1984). According to Sembatje and Makatsjane
(1992), migrant labour from Lesotho reached its peak in 1977. Since then, there
has been a decline due to decrease in the price of gold (Sixth National
Development Plan: 1997 and EIU report: 1997). The price of gold affects
Basotho migrants because most are employed in the gold mines. Sembatje and
Makatsjane (1992: 128) also attribute the decline in employment due to
"... unemployment in South Africa, technological developments, capitalization of
product sector which all necessitate a reduction in the demand for foreign labour
in South Africa".
Lesotho's urban areas have had to increasingly absorb not only the retrenched,
but also the unemployed from surrounding and highland areas. Migration
(especially internal) has increasingly included that of women. This is because the
14
Chapter Two
migrant labour system left a legacy of female-headed households especially in
the rural areas.
The woman's role in decision making thus increased. This decision making
included aspects that pertain to land. In Lesotho, women are indirectly excluded
from owning land (Keith: 1994). This is because women can not, in law register
land in their own names. In the Deeds Registry Act 1967, it is argued that a
woman married in community of property and those women whose affairs are
governed by customary law are excluded from matters pertaining to land. Franklin
(1995) asserts that the 1979 Land Act might change the position of women in
land related matters. This has not happened. This is because the Deeds Registry
Act has not been amended in line with the Act.
Women often had to hire out their land because they could not cultivate it
themselves, or lacked resources. If the land was left fallow for more than two
years, it could be taken away and re-allocated. It is often argued that women in
Lesotho depend on migrant remittances for their livelihood. There has been some
studies carried out that show that this is not the case. It has always been
assumed that most rural women depend on migrant remittances because most
Basotho male are employed in the South African mines. Another reason is that
remittances have always accounted for a very large percentage of Lesotho's
GNP.
15
Chapter Two
Katona (1993) undertook a study that showed that Basotho women do not
necessarily depend on migrant remittances. Katona (1993) found out that few
women depend on migrant remittances for income.
Katona's study sample did not receive any kind of migrant remittance. The above
issues as well as persistent crop failure (there has been problems of low rainfall
and drought) have led to female migration to the urban areas, especially Maseru.
As Bardill and Cobbe (1985) point out, with the inability of South Africa and
domestic agriculture to absorb growth, increasingly people moved to and settled
in the urban areas.
2.3 Patterns of urban development in Maseru's peri-urban areas
In 1869, Maseru was established as the administrative capital of Lesotho. In the
1870's, there was already a lot of commercial activity going on in the town. As
Ambrose (1993) points out, Maseru also functioned as a market town. People
from the surrounding rural areas daily sold their goods in Maseru. As early as
1872, Maseru already had a postal service, a hospital and two general stores. In
1880, the first town plan was drawn up (Ambrose: 1993), it showed the existing
town as well as 'proposed future formation' of the town. The plan used gridiron
layout for the town. The plan was also used for recording allocation of sites.
In the early part of the twentieth century, Maseru began to experience both
spatial and population growth. An industrial school was built, as well as a
government dispensary. Extensions were made to the hospital, several churches
16
Chapter Two
and an English-medium school were built (Ambrose: 1993). In spite of the
population growth, it was still contained within the town's boundaries in the early
1960's. According to Ambrose (1993), the only paved roads were within the city
centre and no industrial development had yet occurred.
At independence in 1966, the urban areas had less than five percent of Lesotho's
population, with half of the urban population in Maseru (Bardill and Cobbe: 1985).
According to Wellings (1983), settlement occurred on the peri-urban areas within
Maseru because these were the only areas closest to Maseru town. The
government did not have adequate resources (or much desire due to failure to
recognise the nature and extend of the problem, as Wellings points out) to
administer the rapid expansion of population.
Wellings (1983) fails to point out that before 1980, when Maseru's boundaries
were extended, peri-urban areas fell outside the jurisdiction of Maseru and the
town council. There had never been much planning or development control
exercised in Maseru let alone areas outside the town council's jurisdiction.
Therefore, much of precious agricultural land was encroached on. These
unplanned areas have no infrastructures and services. They were mainly
scattered all over and as the areas filled up, the footpaths and field boundaries
influenced the patterns of layout.
17
Chapter Two
A few areas have been planned in Maseru. These include areas such as Ha
Thetsane. Housing in Maseru mainly consists of single detached housing,
resulting in low densities. The residential areas mainly do not cater for a specific
class. Therefore, there are diverse developments within a residential area. A low
income individual lives in the same residential area as a higher income individual.
Site and service housing scheme such as the one in Khubetsoana have led to
specific class groups being located within the same area.
2.4 Land policy issues
Land development process entails efforts on land (directly or indirectly) by the
landowner or developer, the builder, the financier and the public sector. The
landowner initiates development on the land. The builder constructs the house,
the financier provides funding to ensure that the house is built, while the public
sector's job is to regulate development on that land and to provide necessary
services and infrastructures. The relationship between the role-players in land
development can further be illustrated in figure 2.1 :
18
Chapter Two
Figure 2.1 Relationship between role-players in development
Land ownerPre development
owner of land
DeveloperAssembles sites,organises finance
tE-------3>t and marketin
ClientEventual ownerlrenter
of completeddevelo ment
Public SectorRegulates development
and providesinfrastructure
BuilderCarries out construction
work
FinancierProvides funding for
the development
Source: KNell (1993:125) Land and the city
Kivell (1993) argues that the above process of land development occurs in
market governed land development. Thus, it is not characteristic of all countries.
For example, under a communal tenure system land is not sold on the market
and figure 2.1 would not apply.
Once land has been acquired, it then has to be registered. Ownership of
immovable property passes only on registration of property in the name of the
buyer in the Deeds Registry. Registration of property in the Deeds Registry helps
to ensure that the government has control on land holdings. It makes it easier to
know the amount of land under development, thus making it easier to control
such land.
19
Chapter Two
In Lesotho, role-players involved in land development processes were the client,
community and traditional leaders under the communal system. The community
acted as the builder (helped the developer in the construction of the house), while
the traditional leaders held the land in trust for the Basotho nation.
Indigenous material was used for construction of the house and did not need to
be bought. Houses were built of mud 'bricks' with thatched roofs. The
relationship between role players in development took the following form as
illustrated in figure 2.2.
Figure 2.2 Role players in development (under Lesotho's communal tenure)
Traditional LeaderAllocates land
ClientThe allottee < )
CommunityHelps in
construction of thehouse
The post-1979 land development process is different from the above. It involves
the landowner, the client, the financier, advisor, the builder, and the public sector.
The process can further be illustrated by figure 2.3.
20
Chapter Two
Figure 2.3 Role players in development (under leasehold)
LandownerState or individual
Client
Public SectorAllottee or buyer of
~ FinancierlandRegulates Financial institutions/ formal
development/provides
/ ~,and informal savings
infrastructure schemes
Advisor BuilderSurveyors and architects Formal and informal
(if the development is constructionformally planned) companies
The process outlined in Figure 2.3 is very similar to the one suggested by Kivell
(1993) in Figure 2.1. The only difference is that land developers are not part of
the process.
2.5 Land tenure systems
Several land tenure systems exist internationally. Kivell argues that "... Iand
tenure involves complicated collection of rights to own, occupy, use or improve
space and to lease or sell or pass it on to one's heirs". Land tenure systems to be
considered in this study are freehold, leasehold and communal tenure systems.
Land tenure systems are considered in this study because land tenure systems
21
Chapter Two
changed from communal to leasehold. Therefore, there will be differences in how
land development is carried out as it has been illustrated in Figures 2.2 and 2.3.
Change in tenure system will evidently affect land development processes and
the ultimate spatial form of the city.
2.5.1 Freehold
According to Torres (1994), freehold involves individual title to land. In this
system, land can be bought and disposed of at will. Freehold system has been
criticised for allowing land speculation to occur. Also, there are problems of land
being disposed of at high prices, making it difficult for the poor to acquire land.
2.5.2 Leasehold
In leasehold, an individual has a right to occupy land through possession of a
lease. The period of a lease grant differs from one country to another and on the
intended use of the land. Bruce (1987:5) argues that leasehold system
"... involves nationalization without radical redistribution or collectivization
objectives, simply to assert a public interest in the land to control its allocation to
individuals under leases or similar title, such as certificate of occupancy". In
Lesotho, provisions for leasehold were made in the 1979 Land Act.
2.5.3 Communal tenure system
In Africa, the communal tenure system is regarded as customary or traditional.
This is because the communal tenure system was the most common tenure
22
Chapter Two
system in Africa (Franklin: 1995). Christodoulou (1990) points out that the
communal tenure system mainly occurred in Sub-Saharan Africa, which includes
Lesotho. Writers such as Makhanya (1979), Matlosa (1991) and Poulter (1976)
argue that in customary land tenure system, ownership of land is vested in the
community.
2.6 Lesotho's land tenure system
Lesotho is a small (30,355 sq. km.) land locked country in Southern Africa.
Lesotho has ten administrative districts, namely: Maseru, Berea, Leribe, Butha
Buthe, Mokhotlong, Thaba-Tseka, Qacha's Nek, Quthing, Mohale's Hoek and
Mafeteng (refer to Map 2, page 11). The country has rough topography with
approximately two-thirds of the area being mountainous (Fair: 1990) and
currently, only 9% of the land is arable (Sixth National Development Plan: 1997).
The lowland regions are highly populated and most of the towns including
Maseru are within this region.
From 1858 to 1868, Lesotho (then Basotuland) was at war with the Boers, who
later won a large piece of Basotho land. Due to further threat from the Boers,
Basotuland's king Moshoeshoe sought help from the British. Basotuland then
became a British Protectorate in 1868. It was a British High Commission territory
from 1884 to 1959. Basotuland later gained its independence in October of 1966.
23
Chapter Two
Lesotho's system of state is a parliamentary monarchy. Therefore, apart from the
government, there also exists the king and a hierarchy of chiefs. These chiefs act
as administrators at the village level. The land is vested in the King, the chiefs in
turn allocate the land to people. Ambrogetti (1995:1) points out that "The
fundamental principle of the relationship between the population and the land is
that 'the land belongs to the nation'. The right to all land is communal ... ".
According to Franklin (1995), the communal tenure system has five characteristic
features:
• Land is for the whole community and does not belong to anyone individual.
• Chiefs on the behalf of the community hold land in trust.
• Land is allocated for use of the allottee and his family, subject to continued
use of the land and political allegiance. Torres (1994) points out that the
allottee was always the head of the household or male.
• Land can not be sold, bought, transferred or exchanged.
• Only members of the community have the right to be allocated land within the
community
Traditionally, land was granted for subsistence of the family group (Makhanya:
1979). Land allocated included a residential site. Three pieces of land were
allocated to each individual. According to Williams (1972), one piece of land was
for cultivation of maize, another for cultivation of wheat and the third was for
cultivation of sorghum. An individual was allocated land in different locations to
24
Chapter Two
distribute fair allocation of good and inferior land (Fair: 1981). This led to
fragmentation of land. Makhanya (1979) argues that, the way in which land could
be used was determined by the land tenure system. That is, there was no
security of tenure and individual ownership of land.
A person could not dispose of land at will. For instance, Makhanya (1979: 31)
points out that, the traditional leaders would discourage planting of trees on
arable land without prior consent.
2.6.1 Land allocation process
The following was a prerequisite for eligibility to land:
• The person had to be a bona fide Mosotho
• Male and married
• The person had to acknowledge the supreme power of the king
• The person had to be a subject of one of the principle or ward chiefs and had
to be accepted by the chief as his loyal subject
• The person had to agree to perform and observe social obligations as
expected of him by the community
Source: Land tenure working paper (LSPP)
A person had to fit the above criteria to be eligible for land. The rights given on
arable land could be for life or for a limited period. The Land (Procedure) Act
1967 and the Deeds Registry Act provided mechanisms where land could be
registered. A person was provided with a 'Form C' which provided certificate of
25
Chapter Two
ownership for the allottee. The chief could take away land if he felt that the land
was not being used properly or if it was left fallow for more than two years. If land
was revoked, it was then re-allocated to someone else. Grounds for revocation
are; overgrazing, refusal or inability to fight soil erosion (Bruce: 1984). This
resulted in insecurity of tenure within the communal tenure system.
A revocation is a process whereby land is taken away from an allottee. The land
thus reverts to the state. This land can then be re-allocated to some one else.
2.7 Reasons for change in Lesotho's land tenure system
Lesotho's communal tenure system had been blamed for the country's poor
agricultural outputs and lack of development as early as the 1960s. According to
the Department of Lands, Surveys and Physical Planning (LSPP) report (1984),
foreign donors put pressure on Lesotho to change its land tenure system from
communal to leasehold. The East African Royal Commission (EARC) also had
interest in Africa's communal tenure system (Franklin: 1995). The EARC
encouraged 'prioritization of land over land needs' and individualization of land
holdings.
Several reasons were put forth which argued for necessity to change the tenure
system. It was often argued that the tenure system needed to be changed to
adjust to the changing economic environment (Makhanya: 1979). It was asserted
that change from communal to leasehold would help commercialise land
26
Chapter Two
because it would enable selling and buying of land. It would also provide security
of tenure and incentive for farmers to invest in the land and in turn produce higher
yields through use of fertilisers.
Other reasons cited were lack of expertise of traditional leaders to administer land
(Tsepe: 1984), need to secure control over land by government, in order to be
able to provide infrastructure. Matlosa (1991) asserts that population pressure
led to inadequacies in the old tenure system due to diminishing amounts of
arable land.
The following table illustrates how there has been a steady decrease in
availability of arable land in Lesotho.
Table 2.1 Changes in size of land holdings
Average holding size
Population
1986
1.4 ha
1,577,000
1990
0.9 Ha
1,770,000
% Change
-35,7
+12,2
Source: Ambrogetti (1995:2) Communal systems of land tenure and fair access to the land: the
case ofLesotho (modified).
27
Chapter Two
Table 2.2 Landlessness and Land scarcity
Holding Size (ha) % of Household % Points of change
1950 1970 1986 1990 1950-1970
Nil 7.2 13 20 27 +5.8
0-1.62 33.1 43 +9.9
1.63-3.23 36.9 30 -6.9
>3.24 22.8 14 -8.8
Source: Ambrogetti (1995:2) Communal systems of land tenure and fair access to the land: the
case ofLesotho (modified).
From the two tables above, it is clear that land holdings have decreased over the
years. This has mainly been due to increased population pressure and soil
erosion. The size of land holdings has also decreased from 1.4 ha to 0.9 ha from
1986 to 1990 respectively. Pre-1979, there was no clear system as to the exact
size and standard used in land allocation in terms of determining the size of
fields. In Table 2.1, the land allocation sizes are for arable land used in
cultivation. Residential land holdings also changed over time. In the Land Tenure
Working paper, it is pointed out that in terms of size of plots, grants to land after
1979 are usually 1,000m 2 or less.
After Lesotho's independence in 1966, attempts were made to try to modify the
communal land tenure system. Two land laws were passed in 1967. These were
the Land (Procedure) Act of 1967 and the Deeds Registry Act of 1967. It should
28
Chapter Two
be noted that the legislation mentioned above did not aim at land reform. The
Land (Procedure) Act 1967 introduced documents for allocation of land (referred
to as 'Form C') while the Deeds Registry Act 1967 provided for registration of all
land in both urban and rural areas.
In 1973, two other land laws were proposed. These were the Land Administration
Act of 1973 and Land Act of 1973. The Land Administration Act 1973 introduced
leaseholds and land committees who would have land allocation powers.
Therefore, land allocation rights would be taken away from chiefs, who
traditionally had these rights. As expected, the Act was highly opposed by
traditional leaders and was never implemented. Land allocation process is a
source of power for traditional leaders. For example, loyalty to a chief was
sometimes used as a measure to determine eligibility for being allocated a piece
of land.
The Act had also proposed that Maseru's boundaries be extended to include the
peri-urban areas. The Land Administration Act of 1973 was not passed.
Therefore, the peri-urban areas continued to occur spontaneously and without
being formally planned. These areas continued to grow and function without
basic services and infrastructures.
The Land Act of 1973 was implemented. This Act introduced development
committees. These committees were to work with traditional leaders in granting or
29
Chapter Two
revoking of land. This Act did not provide any land reform, since it retained all the
principles of the communal tenure system. The 1973 Land Act continued to
operate until 1980 when the 1979 Land Act began to operate.
The following are the main features and objectives of the 1979 Land Act:
• Granting of title to land, through leasehold
• Conversion of title to land
• Declaration of Selected Agricultural Areas (SAA's) and Selected Development
Areas (SDA's) and title to land therein
• Setting aside of land for public purposes
• The establishment of a Land Tribunal
• Granting of public servitude.
Source: Land Act 1979 (p.193)
2.8 Land Act 1979 and allocation process
The objectives of the Act have already been outlined above. The Act introduced
title to land under three categories. These being under allocation, lease or
license. Allocations only exist in rural areas. Under this category, land
development committees make allocations with the chief as ex officio member.
Under this system, the certificate of allocation issued is referred to as a 'Form
C2'.
30
Chapter Two
The lease and license are the two tenures that exist in urban areas. Land used
for residential purposes was automatically converted into leasehold titles.
Application for title to new land has to be lodged to urban land committee within
six months of allocation. This committee is composed of the principal chief of
jurisdiction as the chairman, the district co-ordinator or Town Clerk, the
Commissioner of Lands and three other members appointed by the Minister of
Home Affairs. Land under leasehold can be bought, sold, sub-let, mortgaged and
inherited. For a surviving spouse, a certificate of occupancy is issued not
withstanding the reversion of lease interest to the state (Land Regulations 1980).
Licenses are issued for all agricultural land within urban areas. In rural area,
agricultural leases are issued and are not automatic. Licenses are not inheritable
(Bruce: 1984). Any changes made on the land have to be changes expressed in
the license itself. The license can not be disposed of or mortgaged. Even
compensation can not be claimed for land, only improvements made on the land.
The 1979 Land Act made provisions for Selected Development Areas (SDA's)
and Selected Agricultural Areas (SAA's). SDA's include development or
reconstruction of existing build-up area, construction or development of a new
residential, commercial or industrial area, as well as readjustment of boundaries
for town planning purposes (Bruce: 1984). Compensation is provided for the land.
31
Chapter Two
An SDA also provides mechanisms through which implementation of modern
land tenure controls on a large scale can be exercised (Ntsane: 1987). SDA's are
to have modern infrastructures and services, thus, encouraging development
within these areas. In an SDA's rights over land are taken over by a public
authority which then controls the land.
Several SDA's have been declared in Maseru (see map. 3, page 33). These
include areas such as: Ha Thamae, Ha Matala, Ha Mabote (which includes
Mapeleng), Ha Thetsane and Khubetsoana. At Ha-Thamae, the aim was to
facilitate upgrading of the area to provide infrastructure and services. It has
already been mentioned that Mapeleng became an SDA when Maseru's town
boundaries were extended. At Khubetsoana, a site and service scheme was
implemented. In Ha Thetsane, it was to protect agricultural land that was being
encroached on and to facilitate planned development in the area.
Selected Agricultural Areas are those areas set aside for development with
modern farming techniques.
The Act also makes provisions for the government to acquire land for public
purposes. This includes public infrastructures, services, facilities, as well as land
and water conservation (Bruce: 1984).
32
ChapterTwQ
To acquire land for public purposes, the Minister consults the principal chief of the
area before declaring to set aside the land for public purposes. A notice is then
sent to the landowner that is to vacate the land within six months of receiving the
notice. If the landowner wants to be compensated for the land, a claim has to be
lodged and any dispute for compensation is taken before the Land Tribunal.
Land acquired for public purposes before 1979 was not compensated. Major land
uses include the national abattoir at Ha Foso and the Maqalika dam at Ha
Mabote. Photo 3.1 shows part of Maqalika dam.
The Land Tribunal to be established under the Act should consist of three
members. A chair and two assessors appointed by the minister. The chair has to
be a judge of high court or resident magistrate. One member of the tribunal has
to have a degree in law or economics. The tribunal hears all disputes that relate
to land.
2.8.1 Implementation of the Act nationally
The Act had to be publicised before it could be implemented. The public was
introduced to the Act through holding of public hearings. Land Committees then
had to be formed in each village. These Land Committees consisted of seven
members, with four members elected by the people living within that village and
the minister appointed three.
34
Photo 3.1Mapeleng in the late 1980,s
Source: Department of Lands, Survey and Physical Planning
35
Taken: 29/4/88Scale: 1:11,000
Chapter Two
Ntsane (1987) argues that in spite of the process discussed above, the Act was
not publicised adequately. This then resulted in confusion that surrounds the Act.
As Tsepe (1984) found out in his study, many people did not attend these public
hearings. In other cases, the chiefs of the areas did not attend the meetings, but
sent representatives instead. This creates problems because the chief is to
become the ex officio member of the Land Committees that are formed, and will
have to be able to administer matters that pertain to land as per the 1979 Land
Act.
The government was also responsible for inadequate implementation of the Act.
LSPP, which administers the Act, was short of manpower. The implementation
agency also lacked funds to ensure that all relevant bodies had the copy of the
Act (Tsepe: 1984), therefore, some of government officials are confused when it
comes to dealings that pertain to the Act. Franklin (1995) also argues that there
are many land granting authorities (the villages have their own land committees
and all have to be co-ordinated by LSPP) making it difficult for the central
government to control these authorities in their actions.
There are many problems that surround implementation of the Act. Chiefs
continued to illegally allocate land and used backdated allocation certificates after
1979 (Ntsane: 1987). This creates increased encroachment on agricultural land
and urban sprawl. Mosaase (1984) argues that illegal allocation also creates
36
Chapter Two
problems in the conversion of title of land, in most cases. Title to land proves to
be defective in one way or another. The procedures to be used to penalise those
who ignore the Act are not fully understood.
2.9 Planning issues
The Cape Colony took responsibility of Basotuland from 1871 to 1884. This
period was referred to as "Government by Proxy" (Machobane: 1990).
Basotuland was to be ruled directly from the resident magistrates in districts that
were created. These magistrates were responsible to the governor's agent based
in Maseru and through him to the governor in Cape Town (Bardill and Cobbe:
1985). Law making powers were vested in the governor. These regulations
challenged the powers of the chiefs since land allocation powers were transferred
to the Cape administration. As Machobane (1990) points out, the Cape wanted to
destroy the chieftaincy. There was opposition from chiefs, which led to a rebellion
in 1879.
Under colonial rule (Basotuland as High Commission territory), there existed what
Machobane (1990) refers to as 'parallel rule'. Administration for Basotho was
through chiefs while for the colonial settlers, there existed a Resident
Commissioner with assistant commissioners. Each assistant commissioner was
responsible for a district, and within which there were government reserves.
Therefore, within these reserves, land allocation was the responsibility of
assistant commissioners assisted by the principal chief of the area.
37
Chapter Two
In rural areas, chiefs allocated sites. Machobane (1990) argues that the Principal
chiefs and the Resident Commissioner governed as virtual equals. While Bardill
and Cobbe (1985) argue that within this system, the British intervened regularly to
reorganise the chieftainship to promote colonial objectives.
After independence, the Department of Lands, Survey and Physical Planning
(LSPP) initially administered planning. The department is located within the
Ministry of Local Government. The Commissioner of Lands is found within LSPP.
Thus, the issuing of title to land is within LSPP. In 1984, Maseru City Council
(MCC) was established. It is a local authority with jurisdiction within boundaries of
Maseru's urban area. LSPP delegated planning functions to MCC in July 1994. It
is argued that delegating these functions to a municipality would move services
closer to the people (Franklin: 1995). MCC has a physical planning department
with full responsibility for designing plans for Maseru. The fragmentation of
planning institutions creates confusion that surrounds planning issues in Maseru.
2.10 Conclusions
The historical pattern of urban development in Lesotho and Maseru has been
discussed. It has been shown that migration into Maseru played a big role in
influencing growth. Administration of land has been shown to differ under the
different rule within which the country has undergone since the 1800's.
38
ChapterTwD
In terms of land policy and methods within which land development occurs, it has
been shown that the land development process under communal tenure system
and under leasehold differed. This was shown through the different role players
that exist within the different systems and their relationship in land development
processes. It has also been discussed as to why there was a change in the land
tenure system from communal to leasehold, leading to formulation of the Land
Act 1979.
In the next chapter, processes of land development and land allocation will be
evaluated using two case study areas, namely Mapeleng and Sekamaneng.
39
CHAPTER THREE
ANALYSIS OF FINDINGS
3.1 The study area
The study assesses the pattern of land development and urban morphology in
Maseru. Maseru is Lesotho's capital. The town was established in 1869 as
police camp and administrative centre. Therefore, Maseru, unlike other
centres in Lesotho has concentration of services and facilities.
Maseru has always been regarded as the place where job opportunities are in
abundance. The government as the main employer dominates the formal
sector of the economy in Maseru. There exists a very small private sector
employment in the formal sector. Thus, formal employment is very limited
with the majority of the population absorbed by the informal sector of the
economy.
Increase in in-migration into the town and as development took place in the
town, centrally located areas were quickly filled up. This left the peri-urban
locations as the next suitable areas for residential development. These peri
urban areas were mainly rural in nature. Most of the land within these areas
was used for agriculture, with a few sports of residential sites in the area.
Pressure for residential led to encroachment of agricultural land in these peri
urban areas.
40
Chapter Three
With passing of the Land Act 1979 and the Town and Country Planning Act of
1980, the government increased its capacity to influence land development
within Maseru. This led to several areas within Maseru being declared SDA's
to help facilitate proper land use and management within the town (SDA's will
be discussed further later in the chapter).
Mapeleng and Sekamaneng are used as case study areas (see Map 3, page
42). Mapeleng was one of the areas declared an SDA in the 1980's. This
area was declared an SDA for town planning purposes. The boundary of
Maseru urban area was expanded to include the area of Ha-Mabote, which
includes Mapeleng. Also, some of the fields were bought from farmers, the
land was then surveyed and re-sold to the public with proper infrastructures
put in place (such as roads). Mapeleng is locate Northeast of Maseru's CBD.
The area is very old even though it was not possible to establish when it had
been founded. ~
According to the latest census statistics, the area of Mapeleng has
approximately 2,189 inhabitants. The area is densely populated, this is
because the land acquired by government was re-sold with smaller plot sizes,
leading to densification.
41
Chapter Three
The other area is Sekamaneng. Sekamaneng is located east of Mapeleng.
Sekamaneng has part of its area within Maseru urban boundaries and a
greater part of the area is located outside the boundaries. This makes the
area interesting because it is partly administered by the local municipality
(MCC) and by the District Council. Therefore, in terms of land allocation
procedures, the part that is included in the urban boundary is the
responsibility of urban land committees. The area outside the boundary is
considered rural land and is administered by the Village Development
Council.
Sekamaneng still has a lot of undeveloped land. There are many fields in the
area, even though most are left fallow. Some of the fields have already been
bought by individuals for residential sites and are awaiting development (refer
to aerial photo 3.1).
43
Photo 3.2Sekamaneng in the late 1980's
Source: Department of Lands, Survey and Physical Planning
44
Taken: 7/7/88Scale: 1: 11 ,000
Chapter Three
ANALVSIS OF FINDINGS
3.2 Introduction
In the study, several primary sources were used. The different sources were
classified into three categories. These three categories are made of: private
developers, Traditional Leaders located in the study areas and public officials.
Three classifications were made for several reasons. Firstly, it was necessary
to widen the scope of respondents in order to get opinions and information
from a diverse group of people. Secondly, these people in one way or another
influence land development processes.
Private developers form part of the study. It is necessary to find out how these
people influence land development processes. It should become clear as to
how people acquire land and how land is used in both Mapeleng and
Sekamaneng. It is also necessary to find out if people know about the 1979
Land Act, since it influences their initiatives. It should also be noted that in
Lesotho, the development of land is mainly the responsibility of private land
developers. The government and financial institutions only support these
initiatives.
Interviews with Traditional Leaders will help to provide information on how the
1979 Land Act was implemented in their areas of jurisdiction. In addition,
information will be provided on what the chiefs perceive as the Act's impact on
45
Chapter Three
land development processes. Other important aspects are the present duties
of traditional leaders, especially those duties that relate to land issues.
Public officials who participate in the study, consisted of officials within
Maseru City Council's planning department and the Department of Lands,
Survey and Physical Planning, Lands and Planning Divisions. The two (that is,
MCC and LSPP) were chosen because they are the major government
institutions in Maseru which deal with and intervene in land development
processes. LSPP's mandate is to 'develop human settlements and other land
related services' (Sixth National Development Plan: 1997). Thus, LSPP is
responsible for management of land within Maseru.
The Department of Housing and the former Urban Development Services
were brought under the umbrella of LSPP in 1995. Therefore, direct estate
development and purchasing of land is carried out through the Lesotho
Housing and Land Development Corporation (LHLDC). Through LHLDC,
serviced sites are provided as well as upgrading of 'informal' settlements (that
is, those settlements that have been spontaneous and unplanned.)
Maseru City Council through 'land-banking' is able to acquire land, have the
land surveyed and plots demarcated to be re-sold to the public with services
46
Chapter Three
in place. Land banking by MCC has been very restricted due to limited funds.
MCC is also responsible for issuing of building permits and planning
permission. Most developers do not apply for building permits or planning
permission because it results in delays (MCC planning office). This is because
it takes a very long time to have a building permit or planning permission
processed.
MCC and LSPP are the main government bodies that oversee land
development processes in Maseru. Therefore, It is necessary to include public
officials from these government bodies as part of the study. Information from
public officials in these agencies should be able to shed light on patterns of
development in Maseru. In addition, information on how and why government
intervenes in such processes will be provided. These public officials should
also be able to provide an evaluation of the implementation of the 1979 Land
Act thus far.
3.3 Private developers
In both Mapeleng and Sekamaneng, questionnaires were used to gather data
from private developers. First, results and analysis of data gathered in
Mapeleng will be presented. Then findings that pertain to Sekamaneng will
follow.
47
Chapter Three
3.3. 1 Findings in Mapeleng
This is an evaluation of findings found in Mapeleng. In the area, most people
live on their land instead of leasing or sub-leasing the land. Where rental
stock existed, it was found in minimal quantities. Only 16.67 % of respondents
were in rental accommodation. Table 3.1 can further illustrate this.
Table 3.1 Land ownership in Mapeleng
Do you own the land? Percentage
Yes 25 83.33
No 5 16.67
Source: Field survey: 1998
Table 3.1 shows that most people own the land they live on. People were
informally asked if they would sell their land if an opportunity arose. The
majority would not since the land they live on is the only land they own. When
asked if they own any arable land elsewhere, 3 respondents or 12% claimed
they did. Respondents who have arable land acquired it through an allocation.
This is a very small group of more elderly residents. Some pointed out that
they used to, but the land was given to their children and converted into
residential use. The remaining 88% argued that they did not have any arable
land, even in their places of origin.
48
Chapter Three
Table 3.2 Place of origin
Place of Origin
Maseru Berea Leribe ButhaButhe Mokhotlong ThabaTseka Qacha'snek Quthing Mohale'shoek Mafeteng
15 o 2 o o o o o 3
Source: Field survey: 1998
Table 3.2 shows more than half of respondents originating from the Maseru
district. Most respondents were already leaving in and renting accommodation
in Maseru before acquiring land in Mapeleng. It is clear that there is
substantial in-migration into Maseru, since most people were from outside the
district and had been renting.
The following table shows the ways in which people of Mapeleng acquired
their land.
Table 3.3 Process of land acquisition
Way land was acquired
Allocated by chief
Inherited from parents
Bought from individual
Source: Field survey: 1998
Number of respondents
7
8
10
49
Percentage (%)
28
32
40
Chapter three
Forty percent of respondents from Mapeleng bought land from an individual.
The 1979 Land Act provided rights for a lessee to 'dispose of his interests'
(Sect. 35), even though the disposal was to be made subject to consent of the
Minister. This seems to have led to some people selling their arable land for
residential purposes. In fact, public officials from MCC and LSPP identified
selling of arable land for residential purposes as the major impact that the
1979 Land Act has had on land development processes.
This impact can be assessed as negative for several reasons. Firstly, it has
led to emergence of unplanned and spontaneous settlements in and around
Maseru's urban boundaries. These unplanned settlements mainly lack basic
services and infrastructures. Secondly, people sold their arable land to be
used for residential purposes. People sold the land because due factors such
as drought, the land provided low yields. This also provided people with the
opportunity to make money.
It has already been mentioned that in Lesotho, approximately 9% of the land
is arable (see 2.6). Therefore, if this land is increasingly encroached on and
used for residential purposes, it leads to less land available for cultivation.
This results in lower yields and poverty (since most people cultivate for
subsistence). Thirdly, the 1979 Land Act took away land allocation powers
from chiefs, this has led to chiefs illegally allocating land (that is, they
50
Chapter Three
allocated land outside the Urban Land Committees) and this has led to
unplanned developments within Maseru.
It can be argued that some people have been allocated land illegally for
several reasons. The majority of people still posses 'Form C's' which were to
be phased out and replaced with leases. When the 1979 Land Act started to
operate in 1980, all residential land was to be converted to leasehold title.
The Commissioner of Lands (supposedly) sent out notices to people informing
them of the need to apply for conversion of documentation of title to land. If a
person did not apply within three months of receiving the notice, the person
lost title to that land. If a person did not apply for conversion of title, it means
either that the land was allocated illegally or as people claim, the notices were
not sent out. People maintain that they have not heard of the Land Act of
1979.
Table 3.4 shows proportion of people who possess a 'Form C' and those who
have leases. It also illustrates the percentage of people who do not possess
either a lease or a form C.
51
Chapter Three
Table 3.4 Forms of title to land
Form of documentation
Form C
Lease
None
Source: Field survey (1998)
Number of people
10
3
12
Percentage
40
12
48
There is a high percentage of people who still possess Form C's (40%). This
can be attributed to illegal allocations or ignorance of the 1979 Land Act. If
people are do not know about the Act, they will not apply for conversion of
their titles to land. In addition, LSPP is sometimes able to detect when a
Form C has been backdated; thus, this will discourage those who acquired
their land illegally.
Sometimes, people do not apply for leases because the process is lengthy
and can lead to delays when one wants to develop land. It takes
approximately two months to a year to process a lease (Sixth National
Development Plan: 1997). People only apply for leases to secure financing
from the commercial banks.
Those who do not possess a lease or a Form C own land acquired through an
allocation by a chief before 1967. The Land (Procedure) Act of 1967 is the
52
Chapter Three
Act that introduced a 'certificate of allocation' referred to as Form C. For
those who do not have a lease or Form C, the chief can verify ownership.
The Land (Procedure) Act 1967 required written application for land (Phororo
and Letuka: 1993).
Findings illustrated in Table 3.4 helps to question the implementation of the
Land Act 1979. It is obvious that it was not implemented adequately since the
majority of residents from Mapeleng were still in possession of Form C's
nineteen years after the Act was passed. It was shows that there is lack of
commitment from the government to ensure that the objectives of the Act are
realised.
Discussions on the implementation of the Act and evaluation of this will further
be presented in section 3.5. Table 3.5 shows the years when respondents of
Mapeleng acquired their land. This will help to show why the majority of
residents do not possess a lease or a Form C.
Table 3.5 Year of land acquisition
Year land acquiredBefore, to 1950's
1960's1970's1980's1990's
Lived here all my life
TotalSource: Field survey (1998)
Number of people246733
25
53
Percentage (%)81624281212
100
Chapter Three
Table 3.5 shows that 60% of respondents had acquired their land before
1980. This includes people who have lived on the land they reside on all their
lives, those who acquired the land before 1950's and those who acquired their
land from 1950 to 1980. This can explain why there is a large percentage of
people who do not possess a lease or Form C. Only 40% secured rights over
the land they own after 1980.
At this point, it should also be noted that in Lesotho, a person was not allowed
to privately see or buy land until in 1986. A Land Amendment Order 1986
was passed that made provisions for compensations and selling of land. This
contradicts the 1979 Land Act provisions, the Act had set out mechanisms for
compensation.
Table 3.6 shows land prices in Mapeleng. It should be noted that the pricing
of land has been ad hoc. Price of land does not necessarily correlate to size
of the site. A field owner usually sold based on how much he needed or felt a
buyer would be willing to pay. Thus, people have paid the same price for
different sized sites. Table 3.7 illustrates different site sizes.
54
Chapter Three
Table 3.6 Land prices in Mapeleng
Land price Number of people %
Less than R1,000
R1,000-R2,999
R3,000-R4,999
R5,000-R6,999
Above R7,000
Source: Field survey (1998)
4
4
1
o
40
40
10
10
o
Eighty percent of respondents had paid R2, 999 or less for their land. None
had paid more than R7, 000 for land. Table 3.7 shows the plot sizes in
Mapeleng.
Table 3.7 Plot sizes in Mapeleng
Plot size Number of people %
< 1,OOOm2
> 1,OOOm2
Do not know
Source: Field survey (1998)
4
o
21
16
o
84
An overwhelming number of people claimed not to know their plot sizes.
People in Lesotho are reluctant to provide information pertaining to their land.
People probably provided false information and claimed not to know their
plots sizes because they fear that if their plots are too large, they will be
forced to sub-divide the land.
55
Chapter Three
These people claim that part of their land has been taken over for public
servitude so many times that they no longer know what their plot sizes are. If
asked to provide the initial size, they claim that they are no longer sure and do
not want to make a wrong estimate. This shows that the people had not
forgotten the plot sizes, but provided excuses.
In the Land tenure report, it is argued that grants to land after 1979 have been
1,000m2 or less. In the Land Regulations 1980, it is stipulated that leases will
not be granted on residential sites that are more than 1,000m2. The impact of
this on land development and spatial form would be increased densities
because the plot sizes are smaller. This has been partially achieved in
Mapeleng due to its SDA status. Therefore, the Land Act of 1979 has helped
to densify those residential areas that have been planned and declared
Selected Development Areas.
3.3.2 Conclusions
The existence of the 1979 Land Act has had several impacts in Mapeleng.
These impacts have been both positive and negative in nature. The positive
impacts are change in land tenure from communal to leasehold and
declaration of areas as Selected Development Areas. Change from communal
tenure system to leasehold is regarded as a positive impact because it helped
to facilitate commercialisation of I and. It should be noted that
56
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commercialisation has had both positive and negative impacts (negative
impacts will be discussed later in the section). In section 2.7, it has been
discussed that it had been anticipated that change in land tenure system from
communal tenure to leasehold would help commercialise land.
Commercialisation of land in the context of Lesotho has been very important
because it has led to land being used for what its mostly needed for. Demand
for residential land is very high in Maseru's peri-urban areas. Land within the
urban boundaries has all been allocated and revocations are rarely made
(Chief of Mapeleng: 1998).
A revocation occurs when land is taken away from an allotee. The state then
takes over rights on that land and it can then be re-allocated. Since
revocations rarely occur, it is difficult for someone from outside the area to
acquire land through an allocation. Commercialisation has opened land that
had been tied up for agricultural use although most fields were left fallow (due
to lack of seeds, drought etc.)
In section 2.7, it has been discussed that change in land tenure to leasehold
would provide security of tenure for farmers. This would result in farmers
investing on the land. This has not happened. It is true that the change in
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land tenure system from communal to leasehold provided security of tenure.
Farmers have not invested more in the land through mechanisation and use
of fertilisers. The land is sold to people who want residential sites.
It should be noted that this commercialisation of land occurs at a very small
scale but still has a major impact because landless people are now able to
buy land they need. In has been discussed that people who had bought land
or were renting in Mapeleng argued that they did not have land elsewhere. As
Ambrogetti (1995) pointed out (see 2.7), there has been a decline in land
holdings in Lesotho.
Declaration of Mapeleng as a Selected Development Area (SDA) has resulted
in positive impacts. Mapeleng has been able to be planned due to this
declaration. The Spatial form is more orderly. Provisions for infrastructures
and services were made. Planning of the area also led to smaller plots and
higher densities. This has been useful because more people have been able
to be accommodated.
Where large plots exist, they are usually under-utilised. There is existence of
urban agriculture mainly for household consumption. As mentioned, it is for
subsistence and usually covers a small part of the site. In Mapeleng use of
land has been optimised (compare aerial photos 3.1 and 3.3).
58
Photo 3.3Mapeleng in the early 1980's
Source: Department of Lands, Survey and Physical Planning
59
Taken: 27/4/80Scale: 1:60,000
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Negative impacts of the Act are commercialisation of land, illegal sales by
Traditional Leaders and occupation of arable land for residential purposes.
The negative impact from commercialisation of land is mainly the unplanned
and spontaneous settlements that have mushroomed. Land was able to be
sold.
In addition, private field owners sold their fields. Thus, on an individual basis,
a person bought a land and made developments on it. Another field owner
would sell and the same would happen. This led to areas being developed
outside government initiative or surveying and servicing of the land.
It has already been discussed that, the Land Act took land allocation rights
from chiefs. Urban Land Committees were formed to oversee land
development initiatives. Therefore, a chief could no longer allocate a piece of
land without working with and consulting the Urban Land Committees.
Officials from the Maseru City Council's Planning Department and those from
the Lands Division of LSPP pointed out that they still come across backdated
Form C's. This creates problems for local authorities and land management
committees. It makes it difficult to manage land efficiently or assess extent of
land development for town planning purposes. Public officials from MCC
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pointed out that more than 80% or residential development in Maseru is
unplanned (see map 1, page 10.)
Any government controls and regulations that relate to land and development
are either not known or ignored. People develop without planning permission
and building permits. This makes it difficult to a system of records that can be
used to measure the extent of development in Maseru.
The 1979 Land Act influenced the spatial form of Maseru and land
developments within the town. The impact seems to have been more
negative in nature than positive, this is mainly due to lack of proper
implementation and enforcement of the Act. This will further be discussed in
section 3.5.
3.3.3 Findings in Sekamaneng
In this section, findings that pertain to the Sekamaneng area are going to be
discussed. In Sekamaneng, 83% of respondents owned the land they lived on
while the remaining 17% rented out the accommodation. This also illustrates
that there is very little rental stock in the area of Sekamaneng. Table 3.8
shows the number of households who own and rent.
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Table 3.8 Land ownership in Sekamaneng
Ownership of land Number of people
Yes 25
No 5
Source: Field survey (1998)
Percentage (%)
83
17
Table 3.9 shows the way in which respondents acquired their land.
Table 3.9 Process of land acquisition in Sekamaneng
Way land was acquired No. of respondents
Allocated by chief 13
Inherited from parents 6
Bought from an individual 6
Source: Field survey (1998)
%
52
24
24
In Sekamaneng, most people acquired their land through an allocation making
up 52% of respondents. The remaining 48% acquired land through
inheritance or the land was bought. Therefore in Sekamaneng, people have
tended to hold on to the land that they have been allocated, instead of selling
the land. Of the same sample, only 4% owned any other residential or arable
land.
This shows that people own very little land and there is an increase in the
number of landless people.
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The majority of respondents (60%) argued that they did not know their plot
sizes. Thirty-two percent claimed that their plot sizes were more than
1,000m2. Only 8% had plot sizes under 1,OOOm2
. Therefore, the highest
proportion claimed not to know their plot sizes. The people of Sekamaneng
seemed freer to disclose that their plot sizes were large and were thus less
concerned about sub-divisions. This does not mean that respondents would
agree to have their land sub-divided, it only means that a sizeable proportion
(32%) acknowledged that their sites were large. Table 3.10 further illustrates
this.
Table 3.10 Plot sizes in Sekamaneng
Plot Size Number of respondents Percentage (%)
-< 1,OOOm2
>- 1,OOOm2
Do not know
Source: Field survey (1998)
2
8
15
8
32
60
The proportion of respondents who claim not to know their plot sizes is very
large and thus tends to distort the findings. From observation, plot sizes in
Sekamaneng were relatively large. This could possibly be attributed to the fact
that over half (52%) of land in Sekamaneng was acquired through an
allocation. Therefore, the pieces of land allocated will be larger than sites
where individuals bought from a field owner. This is because a field owner will
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make as many sub-divisions as possible (within reason) of the field to get as
much money as possible.
The 1979 Land Act has not been able to impact on plot sizes in Sekamaneng
because a large proportion of the area is outside the urban boundaries and is
regarded as rural land. This will account for the high percentage of allocations
of land by the chief in the area (see Table 3.9,).
Within rural areas, the mode of land allocation is through what is referred to
as 'an allocation'. For an allocation, a Form C2 is issued. The Village District
Council has powers to allocate land. The chief acts as the ex officio chairman
of the council. Sekamaneng officially falls under the Berea district and thus is
the responsibility of the district council from the area.
For part of Sekamaneng that is within the Maseru urban boundary, Urban
Land Committees have been established to deal with land related matters.
Within the Land Committee, the chief of Sekamaneng chairs the committee as
ex officio member. Therefore, this part of Sekamaneng is under the
responsibility of MCC.
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It should be noted that leases do not apply for residential land in rural areas.
Within Sekamaneng, those who possessed leases were people who owned
land within Maseru urban boundaries. As it has already been pointed out, the
Land Regulations of 1980 stipulated maximum residential plot sizes
for residential land only when granting leases. It is in very rare cases that a
field owner applies for change of agricultural land title to lease hold. Table
3.11 shows form of title to land.
Table 3.11 Forms of title to land in Sekamaneng
Form of title to land Number of respondents Percentage
Form C2
Lease
None
Source: Field survey (1998)
11
1
13
44
4
52
Table 3.11 shows that the majority (52%) of respondents from Sekamaneng
did not have any form of documentation to show that they owned the land.
Table 3.12 will illustrate that respondents (68%) acquired their land after
1967. Then more people should be in possession of leases or Form C2's, but
this is not the case. Forty-four percent had Form C's and this included those
households found within Sekamaneng's part that falls within Maseru's urban
areas. Only 4% possessed a lease as title to land.
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Table 3.12 Year of land acquisition
Year land acquired Number of people
Before, to 1950 6
1960's 1
1970's 7
1980's 7
1990's 3
Lived here all my life 1
Percentage (%)
24
4
28
28
12
4
Total
Source: Field survey (1998)
25 100
In Sekamaneng, it seems as if the change in land tenure has had little impact
due to the rural nature of the area. The chieftainess of the areas still has
some vacant land that can be allocated (chief of Sekamaneng: 1998).
Therefore, it is safe to assume that number of people who acquire land
through allocations will increase. Also as already mentioned, the Act has been
unable to influence the plot sizes in the area.
Change in land tenure system from communal to lease hold has led to
personal possession of land and freedom to dispose. From the data, it is
obvious that in Sekamaneng, commercialisation of land has not been as
intense as in other areas (such as Mapeleng). Only 24% of respondents had
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bought land. Table 3.13 shows the range of prices that people claim to have
paid for their land.
Table 3.13 Land prices in Sekamaneng
Cost of land No. of respondents
Less than R1,000 5
R1,000-R2,999
R3,000-R4,999 0
R5,000-R6,999 0
Above R7,000 0
Source: Field survey (1998)
%
83
17
o
o
o
Table 3.13 shows that most people (83%) in Sekamaneng paid R1, 000 or
less for their land. As with Mapeleng as already discussed in the previous
section, the prices do not correlate with the plot size. Land prices are usually
set informally and in an ad hoc manner.
This system is slowly changing as field owners are now setting prices per size
of land. Presently in Sekamaneng, a 30m by 30m sized piece of land sells for
approximately R3, 500. Land that is more expensive is found in other areas in
Maseru. This is in areas that have mainly been formally planned such as at
Ha Thetsane. At Ha Thetsane, the same 30m by 30m piece of land can sell
for as much as R20, 000. This is because this land is fully serviced and
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comes with services and infrastructures. People opt for the 'cheaper' land and
put in services, as money becomes available.
It should be noted that land that has not been serviced is regarded more
desirable solely based on the price. The norm is to put in services in an
incremental manner. The existence of a top structure without services is in
most cases enough. A pit latrine can always be put on site cheaply and most
areas have communal taps due to the village water programme that has been
implemented in most areas.
The above is attitude is precisely what has led to unplanned settlements in
Maseru. It is recognised that the government agencies most of the times are
unable to provide residential land at required rates. It should also be noted
that when such land is provided, the selling agency has difficulties selling the
land especially if the target group is low-income (if other factors such as lack
of housing finance are not considered).
3.3.4 Conclusions
In Sekamaneng, it is more difficult to assess the impact of the 1979 Land Act.
This is mainly due to the rural status of Sekamaneng. As Franklin (1995)
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pointed out, the Act has not been intensely applied in rural areas due to lack
of capital and manpower in LSPP.
The Act seems to have not had any major spatial impacts in Sekamaneng.
The area is developing and growing as it has always been. Land 'allocations'
are still granted and there has been minimal commercial activity (in relation to
land) in the past. This in now on an increase, developments are occurring
rapidly and land is being sold at higher rates. This increase in developments
is probably due to increased demand for that land.
Selling of land was made possible by the Act, but selling has only recently
occurred because there is now demand for land for residential use in
Sekamaneng. People from outside the area have started to buy land for
residential purposes. Therefore, as already mentioned, change in land tenure
system from communal to leasehold has facilitated commercialisation of land
even though at a very low scale.
In Sekamaneng, there has not been any major change in the spatial form pre
and post 1979. The spatial form has remained relatively the same (refer to
aerial photos 3.3 and 3.4 on pages 59 and 70 respectively). Thus, with or
without the existence of the Land Act 1979, Sekamaneng would have still
developed in the same manner.
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3.4 Traditional Leaders
Traditional leaders of both Mapeleng and Sekamaneng were interviewed.
These are Chief Makoena Majara and Chief Manapo Majara.
Discussions with Chief of Mapeleng will be presented followed by interview
results with the chieftainess of Sekamaneng.
3.4. 1 Mapeleng
Chief of Mapeleng is acting on behalf of her husband who is away. She
argues that her main duties are conflict resolution between people of
Mapeleng since she no longer allocates land. The Chief of Mapeleng did
however point out that there is no longer any available land in Mapeleng.
Therefore, allocations are no longer made.
Only re-allocations can occur but the need to revoke land rarely occurs. This
is because procedures for revoking land are unclear. The 1979 Land Act
made provisions for revocation of land, but it was pointed out that the Act is
very difficult and best not to be dealt with. Generally, a revocation can occur if
a person holds land for speculation. Bruce (1984) also pointed out that
69
Photo 3.4Sekamaneng in the early 1980's
Source: Department of Lands, Survey and Physical Planning
70
Taken: 27/4/80Scale: 1:60,000
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grounds for revocation also include overgrazing and refusal or inability to fight
soil erosion.
When a person wants land in Mapeleng (when land is available), the person
has to consult the Traditional Leader. According to Chief of Mapeleng, a letter
from the chief's office is then sent to LSPP. At LSPP, an application is then
lodged. She also works with Urban Land Committees in land development
matters that pertain to her area of jurisdiction.
From the discussion above, it is clear that Land Committees have been
established and the chief now only acts as ex officio member of the
committee. Chief of Mapeleng argues that the role and respect given to chiefs
has declined. It is argues that this is a pity because, the Traditional Leader is
closer to the people. Thus, a Traditional Leader would be able to administer
land matters better than officials at the City Council or LSPP.
Nevertheless, she asserted that the existed of the local authority has proved
beneficial for area because Mapeleng was declared an SDA and
consequently, development within the area is more orderly.
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When asked about the 1979 Land Act and ways that it has made an impact
on her areas, she argued that it has had a very positive effect on her area. It
has led to provisions for roads thus making the area accessible.
In terms of implementation of the 1979 Land Act, It is argued that the Land
Act was implemented adequately in Mapeleng. This can easily be seen in how
well the area has developed. It should be noted that respondents from the
area claimed that they had never heard of the Act. Some people vaguely
remembered but did not know that events that had occurred were related to
the 1979 Land Act. This partly shows inadequate implementation of the Act.
People of Mapeleng should know about the Act.
Public officials from MCC and LSPP also claimed that the Act has not been
implemented adequately. It should also be noted that it would be to the
advantage of respondents to claim that they do not know about the Act so
they can be exempted from not adhering to the Act.
3.4.2 Sekamaneng
Chief of Sekamaneng is acting for he son who was removed from the position.
Her duties are mainly conflict resolution among residents and land allocation.
She makes allocations only for residential sites. There is no longer suitable
arable land available for allocations.
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The 1979 Land Act has had minimal impact on Sekamaneng and thus it is not
surprising that people have not heard of the Act. Chief of Sekamaneng argued
that the Act has led to some commercialisation of land within her jurisdiction,
but selling of land can still be controlled. Meaning that land in the area is still
easily managed.
Most of the land in Sekamaneng is still undeveloped, therefore in the future,
there will probably be increases in allocations but also selling of land by field
owners, as there is more demand for residential land.
3.5 Public Officials
The government of Lesotho, through MCC and LSPP is able to influence land
developments. Mechanisms put in place to facilitate this includes physical
planning and development control. MCC designs plans, which when
implemented influence how people can and how they will eventually carry out
development. Development control helps to ensure that conflicting land uses
do not occur. Through land banking, land is taken and managed , leading to
formal developments. This helps to curb development of unplanned and
spontaneous settlements.
There are several pieces of legislation that govern land management efforts
by government . Appropriate legislation includes: The Town and Country
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Planning Act of 1980, The Land Act of 1979 and the Land Regulations Act of
1980. There are also several other land amendment orders. The Town and
Country Planning Act 1980 among other things gave provisions for
preparation of development plans and guides planning initiatives.
The Land Regulations Act set regulations relating to land committees,
inheritance, and development rents, fees and charges.
Obstacles to proper intervention
The public officials identified several obstacles to proper intervention in land
development processes. Firstly, the planning authorities, (MCC and LSPP)
have shortages of manpower and capital. This makes it difficult to ensure that
proper intervention is carried out. This also relates to enforcement of the 1979
Land Act. Secondly, there is lack of adequate enforcement of laws. The courts
hesitate to deal with land matters. This is because issues that relate to land
have always been regarded as sensitive.
It should be noted that it was mainly respondents form LSPP that argued that
intervention in land related issues rarely achieves objectives. They argued
that objectives are not met due to several aspects. The elements that hinder
achievement of objectives include lack of adequate manpower and capital and
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In terms of manpower and capital. There is understaffing at both MCC and
LSPP. Therefore, this makes it difficult for the public officials to attend to
everyday duties and deal with problems that arise from outside effectively.
Maseru City council gets a very small budget (R4 Million/annum) from the
central government. The money is used for administrative purposes and
salaries. Thus, the City Council mainly generates revenue through collection
of rates. There is a problem of people not paying rates. This is because
people feel that the municipality does not provide services adequately, and
thus, they refuse to pay tax levied on their properties (MCC public officials).
MCC is therefore unable to generate enough revenue to be able to attend to
all its responsibilities. The weak institutional capacity and lack of capital leads
to difficulties in dealing with land related matters.
Lack of political commitment is evident because there is no enforcement to
make sure that objectives are met, and if any obstacles arise, they are not
dealt with effectively to remedy the problem.
Trend in land development
Pattern of land development in Maseru has been characterised by high levels
of unplanned settlements. The public officials asserted that there has been an
increase in arable land being used for residential purposes. This conversion
75
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occurs outside planning controls and regulations. There has also been an
increase in illegal allocations.
Unplanned settlement mainly emerged due to several reasons. Firstly, there
has been high rural-urban migration mainly focused on Maseru. Lack of land
in the city centre led to arable land being converted to residential land use.
The peri-urban areas of Maseru were mostly affected because they were the
areas that were closest to town and had available land.
Secondly, after the Land Act 1979 was passed in 1980, traditional leaders
could no longer allocate land. Land allocation powers were vested in land
committees that were established. Traditional leaders continued to allocate
land outside the land committees. This led to improper management of land,
the land committees were unable to keep record of the land transactions. This
led to unplanned settlements.
The above trend of land development is very different from the pre-1979
years. In the past, there were no 'illegal allocations'. This is because the chief
had the power to allocate land within his jurisdiction. In the early 1970's (refer
to aerial photo 3.5 page 78), Mapeleng and Sekamaneng were both rural
settlements. As the city expands from the city centre, these peri-urban areas
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were converted to residential land. Mapeleng under went the change first
since it is closer to the city centre than Sekamaneng.
Every Mosotho male citizen was eligible for land and could be allocated a
piece of land after consulting with the chief of the area. Therefore, it is argued
that settlements were 'planned' because the chief managed the land and
through allocations was able to record land transactions. Development could
then be managed and settlements planned. Therefore, the argument that
chiefs lack expertise to administer land (Tsepe: 1984) is questionable. This is
because under the chiefs administration, land could still easily be managed.
It should be noted that it is realised that present mismanagement of land is
partially due to chiefs not co-operating with land management authorities.
The pre-1979 areas were mainly rural in nature with most of the land used for
agricultural purposes. This is different from today's settlements that are
dominated by residential land uses and less agricultural land use. In aerial
photo 3.2, it is shown that in the early 1980's, Mapeleng was already highly
populated. There existed a small amount of arable land. The surrounding
areas are still highly undeveloped. Therefore, there is mainly agricultural land
Southeast of Mapeleng.
77
Photo 3.5Study areas in the 1970's
Source: Department of Lands, Survey and Physical Planning
78
Taken: 14/4/75Scale: 1;60,000
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The change in the pattern of land development in the pre and post 1979 years
can be attributed to several factors. Firstly, the change in land tenure system
from communal to leasehold influenced pattern of land development in
Maseru. The change in land tenure system commercialised land and gave
people provisions to dispose of their land holdings at will.
In addition, the change provided people with title to land in the form of leases.
These leases could be used for acquiring housing finance from financial
institutions. Thus, facilitating an increase in the number of developments that
could occur. This is because people would now have necessary funds to
develop their sites. Although as it has already been shown, very few people
possess leases and it can be assumed that most people acquired housing
finance through less formal means (such as group savings schemes).
Secondly, the change has been due to illegal allocations as it has already
been discussed.
Factors that influenced land development in Maseru
Several factors influence the pattern of land development in Maseru. These
are socio-economic factors (such as poverty and lack of housing finance),
there is very low production of formally serviced residential land, there are
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illegal land allocations by chiefs, and Lesotho does not have a National
Housing Policy to guide housing development.
Socio-economic factors will inevitably influence patterns of land development.
According to the Sixth National Development Plan (1997), nearly 50% of
households in Lesotho are poor (the majority are found in rural areas). Poor
households are defined as 'those who spend 50% of their total household
budget to obtain their daily adult diet of 2,500 calories'. Although Lesotho's
per capita GNP of R2206 (1995 statistics) places the country among the
higher income countries in Sub-Saharan Africa.
The problem is that income in Lesotho is highly skewed. Ten percent of
households in higher income groups receive 44% of gross national income
while the bottom 40% receive only 8% of the income (Sixth National
Development Plan: 1997).
The above has several implications in terms of land development. Since most
households are defined as poor, they will not be able to afford land that is
serviced. This is because even when serviced sites are targeted towards low
income households, the prices for sites are set too high. The prices are
usually above what a poor household is willing and able to afford to spend on
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housing. Therefore, most households opt for land sold informally. This then
led to establishment of unplanned settlements within Maseru and its peri
urban areas. It helps to perpetuate selling of land illegally.
Low production of formally serviced sites has resulted in several factors. The
supply of serviced land greatly lags behind the demand for such land. Formal
agencies that provide such land (e.g. MCC and LHLDC) mainly lack the
capacity to provide land at rates that are required.
The weak institutional capacity has already been discussed. There are also
delays in acquisition of land from private landholders. This delay is mainly
caused by conflicts over compensations for land.
Low production of formally serviced lands leads to people acquiring land on
their own. The land acquired is usually from private field owners. The land is
provided without any infrastructure, but due to the demand for land, the
unserviced sites are purchased. This is because the government does not
adequately provide serviced land at required rates. Introduction of the 1979
Land Act introduced mechanism that government could employ to increase
control of land and production of serviced land. This has rarely occurred
leading to settlements that are unplanned.
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Discussions on illegal land allocation by chiefs have already been presented.
It will be added that there seems to be some sort of antagonism between
chiefs and civil servants. As Chieftainess of Mapeleng pointed out,
capabilities of traditional leaders are undermined by government. She argued
that traditional leaders should be incorporated into the civil service. One of
the public officials from Maseru City Council also suggested that traditional
leaders be incorporated into the civil service. The public official argued that it
is the only way to curb and ultimately stop illegal land allocations by traditional
leaders.
It is argued that incorporation of traditional leaders will curb illegal allocations
in the following way. If they become part of the civil service, they will be made
part of the body that influenced and manages land development. Traditional
leaders feel that their role has diminished and is greatly undermined.
Incorporation of traditional leaders into the civil service would make traditional
leaders part of local government administration. The most important element
is that it will make the traditional leaders feel as part of decision making and
not merely as ex officio members.
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National Housing Policy
Lack of National Housing Policy results in several problems. There are no
formal procedures and mechanisms put in place to help guide, control and
target specific areas and income groups in matters relating to housing.
Existence of a housing policy would provide a way in which government could
influence development of land by identifying areas where residential
developments or housing will occur.
It is realised that this also happens when structure plans are formulated and
specific locations are identified as residential land. However, that does not
necessarily facilitate actual development of that land into the desired land use.
Development controls and regulations ensure that specifications of structure
plans and planning are adhered to. When enforcement is very weak (such as
in the case of Lesotho), specifications of plans are not adhered to. This would
lead to more planned residential areas within Maseru.
The lack of housing policy also means that there are no mechanisms put in
place that address housing finance. Housing finance is a very important
component of any housing policy. Without housing finance, it becomes
impossible to develop ones land.
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Chapter Three
It has already been discussed that Lesotho has a high number of poor
households. A housing policy would be able to address this problem and
facilitate mechanisms in which these groups could access housing finance.
This could be either money coming directly from the government or coming to
a certain agreement with financial institutions.
Lack of a national policy to address housing finance issues has thus led to
people not affording serviced land and buying land privately from field owners
or resorting to acquiring illegally allocated sites from chiefs. This is carried out
to minimise costs and acquire land as cheaply as possible, so that there will
still be funds available to build the house.
A housing policy would also address land issues. Thus, lack of such a policy
greatly hinders proper land management and land development in the country
especially in Maseru.
Spatial impact of the 1979 Land Act
The Land Act 1979 has had several spatial impacts. The most notable are
the result of places being declared Selected Development Areas (SDA's). As
a result, these areas were able to enjoy service that could not be found in
other areas. In addition, there are now basic infrastructures in place, such as
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roads which have been constructed. Thus, the major impact has been
'formalisation' of residential areas. It has also led to residential areas having
higher densities.
The impact has certainly been positive because it has led to better planned
areas with services and infrastructures. It has also led to densification to make
(the already scarce) land available to more people.
Administration of the 1979 Land Act
Administration of the 1979 Land Act is the responsibility of the Minister of
Local Government through the Commissioner of Lands. Other bodies are
involved in the administration of the 1979 Land Act. These include the MCC
Town Clerk's Office, the Urban Land Committees and law enforcement
officers.
The Commissioner of Lands participates in all land allocation procedures. The
Urban Land Committees are responsible to the Maseru City Council, the
Maseru City Council has a Lands Officer who works with the Land
Committees.
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Obstacles to proper implementation of the Act
Most of the public officials argued that objectives of the Act have not been
adequately met. Reasons cited were: Chiefs allocating land illegally, field
owners allocating agricultural land for residential purposes, inadequate
institutional capacities in MCC and LSPP, lack of proper enforcement of the
law, lack of public awareness of the Act and lack of co-operation by
Traditional Leaders.
Illegal allocations by chiefs have hampered achievement of the objectives of
the Land Act 1979. Under the Act, chiefs are supposed to work with Urban
Land Committees when allocating land. These Land Committees are
composed of the Principal Chief of the jurisdiction as chairman, the District co
ordinator or Town Clerk, the Commissioner of Lands and three other
members appointed by the Minister of Local Government. Therefore, when an
allocation is made through the land committee, it helps because those
government agencies that will ultimately deals with management of the land
are directly involved.
When a chief makes an allocation without this committee, it means that an
allocation is made without land management authorities knowing about it or
approving the allocation. This leads to settlements that have not been
86
Chapter Three
planned. It also makes it difficult for the municipality to manage such land
because its development was anticipated. Ultimately pressure is put on any
existing infrastructures and services that exist in the area. This is because
the infrastructures and services were not made to carry the increased
capacity. It should also be noted that existing infrastructures and services are
usually not adequate for existing developments, let alone accommodate new
developments.
Private allocations by field owners have the same consequences as illegal
allocations from chiefs. Therefore, it is not necessary to go into the discussion
of the impact of these transactions of land development and spatial form. It
can only be added that there is a slight different in the allocations by chiefs
and those made by field farmers.
Chiefs allocate state land. The field owners sell arable land. Therefore, field
owners sell arable land, which is then used for residential purposes. This
leads to a decrease in the amount of arable land. Encroachment on
agricultural land is a great problem. Agricultural land is increasingly
diminishing and there is need to protect this land.
87
Chapter Three
Declaration of Selected Agricultural Areas (SAA's) was supposed to curb the
above problem. Data collected from public officials does not clarify issues that
surround establishment of SAA's or identify such areas. Therefore, it is
difficult to discuss the extent to which such a declaration has had an impact
on land development. It is also difficult to assess if declaration area as an
SAA helps to curb encroachment on that land.
Mechanism to penalise those who ignore the Act
Mechanisms have been put in place to penalise those who ignore the Act.
The Land Amendment Order of 1989 set mechanisms to penalise those who
ignore the Act. A person can be taken to court. If found quilty, the person can
be fined R5, 000 or five year imprisonment.
Public officials argued that the above mechanism has not proved effective
because it is never enforced. They assert that there is lack of law enforcement
especially on land related matters.
Land Tribunal
It also became apparent the Land Tribunal court has not been established.
The 1979 Land Act gave provisions for a land tribunal to be established. This
tribunal was to consist of three members. It would have a chair and two
88
Chapter Three
two assessors appointed by the Minister of Local Government. The chair has
to be a judge of high court or resident magistrate. One of the assessors had to
be a person with a degree in law or land economics. The tribunal was to be
established because it was argued that there was need for a formal body that
would be responsible for hearing all disputes that relate to land.
Since a Land Ttribunal was not established, land disputes have to go through
the normal courts. This results in delays in hearings because of the large
number of cases that are usually waiting to be heard. It is in very rare cases
that a person is taken to court, by the time the case is heard, the person has
developed the land and it becomes more difficult to enforce the law then.
An example of the above is a case in Ha-Thetsane. The Maseru City Council
bought land from field owners to be converted into a planned residential area.
The plan was not yet complete on the drafting board yet the very same sites
are being developed. Field owners were compensated by MCC for their field;
the field owners then resold the land to private individuals who are now
developing the land. Parties involved know that they will not be penalised and
there are small possibilities of MCC getting its compensation money back
because these people will not be penalised. It is amazing to think that this
happens even though MCC has limited funds and capital to carry out its
responsibilities.
89
Chapter Three
3.5.1 Conclusions
The 1979 Land Act has had both negative and positive impacts on land
development in Maseru. The main positive impact is that SDA's can be
established and these lead to planned settlements with basic infrastructures
and services.
The negative outweighs the positive. Implementation of the Act has led to
illegal allocations by both field owners and traditional leaders.
The change in land tenure system (and other factor already mentioned) has
led to spontaneous and unplanned settlements. The unplanned and
spontaneous settlements are cited by public officials as the most significant
change in the trend of land development in Maseru between the pre and post
1979 years.
It was also pointed out that there is need for formulation and implementation
of a National Housing Policy. The Housing Policy will also help to address
problems of access to housing finance. Access to housing finance will help to
lead to more choice and people will be able to buy serviced land.
The inadequate institutional capacity needs to be addressed in order for the
Act to be adequately enforced. Above all, there is need to establish a Land
90
Chapter Three
Tribunal to oversee land disputes and to ensure that the Act is enforced
before objectives can be realised.
91
CHAPTER FOUR
DISCUSSIONS AND CONCLUSION
4.1 Conclusions
Conclusions draw on findings that have already been presented in chapter
three. This section will also address research questions. The central issue of
the study was to assess the extent to which the 1979 Land Act had made an
impact on urban morphology and patterns of land development in Maseru and
the peri-urban areas.
Evaluation of the impact of the Act on land development
In assessing implementation of the Land Act 1979, several issues need to be
discussed. It can be argued that the implementation of the 1979 Land Act has
been partially successful. Success can be attributed to formalisation of areas,
hence providing service and infrastructures in these areas. This has been
achieved when areas are declared SDA's.
The Land Act 1979 seems to not have been implemented inadequately.
People from Mapeleng and Sekamaneng did not know about the 1979 Land
Act. As Tsepe (1984) points out, inadequate implementation has led to
confusion that surrounds the Act. Those who remember activities that relate
to the Act did not know that the Land Act 1979 made provisions for such
activities. The people who did not know about the Act were the majority. It is
recognised that some respondents might find it to their advantage to claim to
92
Chapter Four
There is lack of enforcement of the Act as indicated above. There seems to
be lack of interest or commitment to ensure that the Act is not ignored. Public
officials did argue that there is lack of political commitment. People are never
taken to court for ignoring the Act. Thus, people do not waste efforts in trying
to make sure that they have adhered to the principles of the Land Act of 1979.
Inadequate enforcement of the law relating to land matters is perpetuated by
non existence of a Land Tribunal. A Land Tribunal was never established to
deal with land conflicts and other land related matters. The tribunal should
have been established to deal with people that ignore the Act. In addition, the
mechanism that is set to deal with those who ignore the Act should be used
and not only exist on paper.
In section 2.8.1, it was argued that there is no clear procedure to penalise
those who ignore the Act. Therefore, there is need for public officials to be
educated and the courts and government to be committed. This will ensure
that those mechanisms set out in the Land Amendment Order 1986 are used
to facilitate enforcement of the law.
Another inadequacy in the implementation of the Act is evident in the large
number of people who still possess Form G's. With passing of the Act, all title
to residential land within urban areas was to be converted into leasehold. The
94
Chapter Four
Commissioner of Lands sent a notice to a landowner, if a person did not apply
within 3 months, the person lost their title to land. People in Mapeleng claim
that they never received any notices and LSPP office was not ready to
confirm that notices has indeed been sent to residents of Mapeleng.
The public officials from both MCC and LSPP argue that it has been very
difficult to adequately implement the Act because there are manpower
shortages and limited capital.
Problems due to inadequate implementation of the Act
Inadequate implementation of the Act has led to several problems. It has led
to illegal allocations by chiefs. This makes it difficult for LSPP to effectively
monitor and manage land development. These illegal allocations also
resulted in emergence of unplanned settlements within Maseru.
It conclusion it can be asserted that the 1979 Land Act has led to unplanned
settlements in Maseru. It should be noted that it is realised that there are other
factors that have led to development of unplanned settlements (such as in
migration into Maseru and people's incomes) and these have been discussed
in section 3.5.
95
Chapter Four
Another problem experienced is rapid conversion of land from agricultural to
residential land use. This is problematic because it decreases the already
limited arable land. Most field owners would argue that the arable land is put
to better use when converted to residential use. This is because the land is
mainly left fallow year after year due to drought and lack of money to plough
the fields. There is high demand for residential land and low production of
serviced land from government agencies, thus agricultural land is taken up for
residential development.
Impact of change in land tenure system
Change in land tenure system from communal to leasehold has led to a few
notable changes in patterns of land development in Maseru and the peri
urban areas. Change in land tenure has led to commercialisation of land,
which in turn resulted in spontaneous and unplanned settlements.
The spatial form of Maseru and patterns of land development have changed
when comparing the pre and post 1979 years.
It should be noted that it is recognised that there are other factors that have
led to this change beside the Land Act 1979. These factors include increased
demand for residential land as central areas are developed and there are
increases in migration into Maseru. Also decrease in agricultural productivity
96
Chapter Four
has led to abandonment of agricultural activities for paid labour and the land is
mainly left fallow, hence when the chance emerged to sell the land, the
chance was seized. Other factors include the natural change of an area from
its rural nature to urban form as pressure is put on the area to become
urbanised.
The spatial form and land development patterns of pre and post 1979 years
have changed in several ways. It can generally be asserted that change in
land tenure from communal to leasehold has lead to increases in emergence
of unplanned settlements. Another change has been conversion of arable
land to residential use (due to commerciaisation of land).
Concluding remarks
It had been hypothesized that the 1979 Land Act has not been able to curb
urban sprawl. This is true. This is evident in that land is being sold without the
consent of the government ( that is, not through land committees) and thus
developments have been occurring and leading to urban sprawl. Most land in
Mapeleng was bought from individuals, in Sekamaneng selling of land in the
past was low. Recently, field owners are selling their land at increased rates
(this became apparent while doing the field survey). Thus, urban sprawl has
not been curbed or managed.
97
Chapter Four
The second part of the hypothesis is false. I had hypothesized that the Land
Act 1979 had not led to any changes in patterns of land development and
patterns of urban morphology in Lesotho. The hypothesis is false because it
has been discussed that there has been change in patterns of land
development and urban morphology in Maseru and peri-urban areas partly
due to the existence of the Land Act of 1979.
Recommendations
Several recommendations can be made. Firstly, there is need to declare more
areas as SDA's that are outside Maseru's urban boundaries. The City
Council focuses on areas within its jurisdiction and district councils do not
have the capacity to make such declarations in their areas of jurisdiction.
There is need to decentralise planning functions so that areas outside
Maseru's urban boundaries can also be adequately planned. Therefore, if
there is a local council within each major town in each district, it will become
easier to plan at a local level. This will ensure that the area in question can
be planned more sufficiently. It is realised that the above can only happen if
external funding can be secured to carry out the activity. Nevertheless, it is
argued that it is very important for planning functions to be decentralised.
98
Chapter Four
It is also recommended that a land tribunal should be established. Those who
ignore the Act should be penalised. The existing law should be enforced.
There is also need to ensure that chiefs cooperate with the local authority.
Incorporating chiefs into the civil service would not necessarily result in
cooperation. Cooperation can be achieved through making traditional leaders
essential decision-makers in certain matters.
Cooperation could be achieved through the following way. A chief could be
allowed to initially make an allocation without consulting Land Committees.
The Urban Land Committee, local authority or LSPP would be consulted after
the decision to allocate has been made, but before the applicant is allocated
the site. The allocation would only be approved when all parties agree on the
allocation. This would give the Traditional Leaders the power they crave whilst
ensuring that land allocations occur with involvement of land management
agencies.
In conclusion, it is asserted that most problems that the government of
Lesotho has experienced with the implementation of the Land Act 1979 is a
result of the weak institutional capacity and lack of adequate capital. This has
led to problems which have had negative consequences on land development
in Maseru.
99
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101
Appendix 1Questionnaire for public officials
This study is carried out for academic purposes onlyYour help is highly appreciatedPlease place an x on the appropriate answer
Questionnaire #
Name:, _Gender: _Occupation: _Company: _Duration at present job: _
1. Are you involved in any land development related work?yes .No .
If yes, in what way?
If no, go to question 3.
2. What legislation governs the above actions?
3. In what ways does the government intervene in land developmentprocesses?
4. Why is intervention considered necessary?
5. When intervention occurs, are objectives met?yes .No .I do not know .
102
If no, what obstacles and problems are encountered? _
6. What has been the trend for land development in Maseru (within cityboundaries and peri-urban areas) in the past ten years? _
7. Has the trend been significantly different from the early pre-1978 years?yes .No .I do not know ..
If yes, in what ways? _
If no, go to question 9.
8. Would you attribute this change to the change in land tenure from communalto leasehold system?
yes .No .
If yes, to what extend and in what ways did the change in land tenure systeminfluence land development? _
9. What are the main factors that tend to influence pattern of land development inMaseru?-------------------------
10. What do you know about the 1979 Land Act? _
11. Who oversees implementation and workings of the Act? _
12. How does this agency carry out its coordination function? _
11. Would you say that the Acts objectives have been adequately met?yes .No .I do not know ..
If no, what shortcomings have been encountered? _
13. Has the 1979 Land Act had any impacts spatially?yes .No ..Do not know .
If yes, what are they? _
14. Has any Selected Development Areas and Selected Agricultural Areas beendeclared in Maseru?
yes .No .I do not know .
If yes, where? _
Why were these specific areas chosen? _
15. The 1979 Land Act gave provisions for government to acquire land for publicpurposes, do you know what the procedure for this had been before the Act?
yes .No .
If yes, elaborate _
Which places in Maseru were declared for public purpose as per provisions of theAct? _
16. What are mechanisms that have been put in place to penalise those whoignore the Act? _
Have the above mechanisms proved effective?yes .No .
If no, what would you recommend? _
Please feel free to provide any additional information that might further help this study.Thank You.
Appendix 2Questionnaire for private developers
This survey is for academic purposes onlyYour cooperation is highly appreciatedPlease place an x on the appropriate answer
Name of VillageQuestionnaire #
Name: _Gender: _Occupation _
1. Do you own the land the house you live in is on?yes .No .
If no, is the house:rented out to you 0Are you using it while the owner is away 0It belongs to family/ friend/ relative 0Other _
If possible, please further elaborate on circumstances that have led to the abovesituation. _
If no, go to question 11.
2. How large is the site? _
3.How did you get this land?a. Allocated by the chief 0b. Inherited from parents 0c. Bought from individual 0d. Other__-:-- _e. Given to me by _
4. When did you acquire the land? _
5. Where did you live before moving here? _
6. Did you have to pay for the land?Yes ..No .
If no, go to question 8.
7. How much did you pay for the siteLess than R1 ,000 DR1 ,000 - R2,999 DR3,000 - R4,999 DR5,000 - R6,999 DAbove R7,000 D
8. Did you possess a lease or 'Form C' for the site?yes .No .
If no, what documentation do you have to show that the land belongs to you?
9. In what ways to do you use the land? _
10. Did you own this land before it was developed?yes ..No .
If yes, what was it used for before it became a residential site? _
11. Do you have any other land some where elseyes .No .
If yes, where is this piece of land located and how is the land used? _
12. Have you ever heard about the 1979 Land Act?yes .No .
If yes, how do you understand the Act? _
13. Has the existence of the Act had any bearing on how you have developedyour land?
yes .No ..
If yes, please elaborate _
Thank you.
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---
II
---
-----
---
---
---
---
----
---
---
---
---
-----
-I
12---
I
13--
-I
14---
I
15I
---1
---1~~1-~-
I-~-
I-~-
I-~-
I-~-l-
~-i-~-
1-;-1-
~-1-~-i~
IIo
trt4
trt1
Su
b-
114
I0
To
tal
Se
ka
ma
ne
ng
Que
sN
o.1
4I
5
2...
_.__
._._
-_
·_
•••
M·••••••
_••••••
16I
------
---I
-----
-I
-----
----
------
------
---
-----
-I
-----
----
---
---I
17I
---
---
---
---
I---
---
I---
---
I--
---
---
---
---
----
---
---I
---
------
I
181
------
-----
-I
I--
----
---
---
------
------
------
---
I--
---
----
-----
-I
19I
------
-----
-I
I--
----
-----
---
---
---
---
---
---
-I
---
------
---
------
I
20I
-----
----
I--
-I
------
---
---
---
---
---
-----
-I
---
---
---
------
---
---I
21I
---
---
---.1
---
I--
----
---
---
---
------
------
I---
-----
---
----
-----
-I
22I
-----
----
---
II
---
---
---
---
---
---
---
---
---
------
I---
---
------
---
I
23I
---
---
I--
----
---
---
J--
---
-I
---
---
------
-----
---
-I
------
-----
-I
24I
---..
------
---
II
---
------
---
---
---
---
------
-----
---
-I
..~)'
I---
---
---I
---I
26I
---
---
------
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----
I--
----
I---
------
---
------
---I
---
---I
27I
------
-----
-I
---
---
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---
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---
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---
---
---I
------
---
I
28I
------
-----
-I
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----
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-I
29I
------
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---
---
-I
------
------
---
I-------
--
-----
30---
I
Tot
al25
5I
011
2I
81
15~
131
61
6I
0I
01
51
11
01
01
01
13
11
I6
16
I3
17
~1
I1
115
I1
11
Appendix 4
Coding system
• Do you own the land your house is built on?
No: Rented 1
Using for free 2
• How large is your site?Less than 1,000 m2
More than 1,000 m2
Do not know
• How did you acquire this site?Allocated by chiefInheritedBought from individualGiven to meOther
123
12345
• If the land was bought, how much did it cost?
Less than R1,000 1
R1,OOO-R2,999 2
R3,OOO-R4,999 3
R5,OOO-R6,999 4
Over R7,OOO 5
• What year did you acquire the land?Before- to 1950's 1
1960's 2
1970's 3
1980's 4
1990's 5
Lived here all my life 6
• Where did you live before moving here?(Area by district)Leribe 1
Thaba-Tseka 2
Maseru 3
Mafeteng 4
Butha-Buthe 5
.'
r-----I
J
1
!f
Appendix 5Land Act 1979
Supplement No.1
to Gazette No. 41 of 14th December, 1979
The Land Act 1979
Act No. 17 of 1979
Published by Authority of the Prime Minister
Price: M2.80
~~.. ~..
..
I'.)iIIi
,
;1
IiIII
,I,I
~I~i
/1,
.J, I
~I
..
THE LAND ACT 1979
ACT NO. 17 OF 1979
Arr3lIlgement of Sections
1. Short 1tiJtle <l:~d commencemenrt
2. Interpretation ';,
Part I
In.alienability of land and power to grant titles to land
3. IJand vested in Baso·tho Nation
4. Power to gI1aalJt ,titles to land vested in tJhe King
5. Application for grants under parts Il and III
6. Persons capable of holding title to land
partn
Land held under allocation
7. AppUcation of Piart IT
8. Cevtain titles·non-reg.istrable
9. CeI1tain tirtfiJes-reglistrable
10. Oonversion of ali1ocartlio:ns
11. Other rural land held under a lease or licence
12, A1100aoog autihoniiy
13. Revoca!f;il()n of allocation
14. RevooaHon on grounds of public interesi
15. Oompensation in case <Yf revocation under section 1416. Appeals
17, Certirf1iOOltJe of aI1Ilocation and register
18. Regu1a1Jioos
Part m1. Grant of title in urban areas
19. Application of Part III
20. Lease or licence
21. Advertising of plots
22. Invti1JaJtion to tender
23. Adve·nse cladms
24. Au'11h.QI"iJty to grant title
. ~ .
j
_v
.~
.LV
""\.
.'V
'\1
U.L
ll.l
!OJ
.\.4
la..
lV
J.J.I1l.UI~L.lll"t'1J:1W]!lJt)~
;:>;5
.U
lmp
eWaJ
UlJ
OJl
34.
Ap
pli
cati
on
·f!
.____
l35.
Rli:g
tlWs
0[
1ess
ee\.
36.
Con
senr
t:
37.
Cre
atio
n0
[se
rvit
ud
es
38.
Rig
hts
of
lice
nse
e
39.
Ter
ms
ofle
ases
40.
Sta
tuto
ryco
nd
itio
ns
Fi-
tst
Sch
edul
e
41.
Var
iati
on
of
leas
es'.
42.
Ter
min
atio
no
fle
ase~
..
.~
43.
Ten
nIin
.ati
onof
Uce
noos '..
'Par
tV
Sel
ecte
dd
evel
op
men
tan
dse
lect
edag
ricu
ltu
ral
area
s,
\
_/\
<4
4.
Se1
00te
dde
veL
opm
ent
area
45.
Dev
elo
pm
ent
of
lan
dfo
rmer
lyu
sed
for
agri
cult
ure
46.
Dev
elop
an.e
nt0
[ia
rnd
form
erly
use
df.
orp
urp
ose
sot
!h.e
rt.h
ian
agri
cult
ure
.
~/"47.
Dev
eio
pm
ent
by
pri
vat
ed
evel
op
er
,48
.P
aym
ent
by
less
eegi
rven
subs
tJit
ute
rig
hts
49.
Tit
les
tob
eb
yle
ase
or
lice
nce
50.
Sel
ecte
dag
rJ.c
ultu
raJ.
,are
a
51.
'Dit
les
wiJt
Jhin
ase
O.e
oted
agri
cult
ura
lar
ea
52.
Oer
ta:i'
llse
ctn.
ons
of
Par
tII
Ito
appi
y
69.
Gro
un
dre
nt
and
deve
l"op
men
tl:dh
arge
s
70.
Fee
sfo
rli
cen
res
71.
Ten
der
pil'e
mliu
ms
Par
tIX
Pu
bli
cse
rvit
ud
esan
dco
mp
ensa
tio
nth
eref
or
72.
Pub
llic
se:rV
1itu
des
73.
Oom
peru
sati
oo
Pa·
rtX
Du
ties
<>fC
om
mis
sio
ner
ofL
and
s
74.
App
lica
tion
ofP
art
X
64.
Est
aibO
Jisl
hmen
tan
doo
mpo
oi'1
. 'ion
OlfT
I1~bunal
65.
Cle
rkof
Tri
bu
nal
66.
Pro
ced
ure
or!T
rib
un
al
67.
App
eals
68.
Hli.
g.h
CQ
urt
tore
tJal
inju
risd
ticU
on
Part
VII
I
Lan
dre
ven
ue
Par
tV
I
Lan
dre
qu
ired
for
publ
icp
urp
ose
s
54.
Set
tin
gas
ide
ofla
nd
for
use
for
publ
icp
urp
ose
s
55.
Po
stin
gan
dse
rv1i
.ce
ofIW
tJio
e
.56.
Ola
imfo
roo
mpe
IWaJ
tiJon
57.
Oflf
ell'
mad
ed
eem
edto
be
aoce
pted
58.
Oon
fllio
tJi.l
ngu
rns
59.
Wh
ere
lan
dp
art
ofg
reat
erla
nd,
who
lem
ayb-
e&
etas
ide
60.
Pre
fere
nce
tod
epri
ved
less
ee
61.
Gra
nti
ng
ofle
ases
ov
erla
nd
set
asid
eu
nd
erth
isP
art
62.
Lan
du
sed
byS
tate
dee
med
toh
ave
bee
nse
tas
ide
for
pubU
.cpu
rpos
'etS
63.
Ter
min
atio
nof
use
ofla
nd
for
publ
icp
urp
ose
s
Par
tV
II
Lan
dT
ribl
Ula
l
> I
26.
Com
peti1
1ion
betw
een
appl
ican
ts
27.
NoU
oeOl
fdec
isi.o
ms
2.C
onve
rsio
no
fce
rtai
nti
tles
tola
nd
inu
rban
and
rura
lar
eas
28.
Con
vers
iJon
of
eXlis
'tJin
gti
ltle
sI
~
29:
Issu
eo
fle
ase
do
cum
entb
efo
retr
ansa
ctio
n
30.
Issu
eo
fle
ase
do
cum
enti
nan
yar
ea
31.
!.iss
ue.o
fle
ase
do
cum
entin
par
ticu
lar
oase
s"f
32.
OoD
sequ
ence
of
fail
ure
toap
ply
33.
Pub
Hoa
tion
of
appl
icat
ions
and
adve
rse
clai
ms
Pa
rtrv
Lea
sean
dli
cenc
es
'f;
I
-<
!1 !.] . I
Par
tXI
Gra
nts
ofti
tles
tola
nd
,
•.;
)"'
"-'V
VV
Vlo
v..
76.Endorsem~mt
orf
Gov
ennm
ent
tJitl
es
77.
Rev
ersi
on
toS
tate
ofri
gh
tsto
par
asta
tall
and
78.
ASSJ
ist'C
\lI1c
eto
dhal
irm
en
,,'79
.G
ran
tsof
titl
eto
com
mit
tee
mem
ber
s
Par
tX
II
.Mis
cell
aneo
uspr
ovis
ions
80.
Ap
pli
cati
on
olf
oUle
rla
ws
81.
No
reg
istr
atio
nex
cept
atin
stan
cf'o
fC
omm
issi
oner
82.
Pri
ori
tyof
du
alal
loca
tion
s
83.
Subs
idJj
'ary
rig
hts
inS
tate
land
84.
Tr:a
rusi
,tJio
nal
prov
i'silo
nsfo
rcl
if)qu
alif
ird
hold
ers
ofl<
'lnd
rig
hts
85.
V()l
idH
Ues
86.
SefY
'ice
ofno
ti,c
es
87.
Urn
awfu
loc
cupa
tion
ofla
nd
88.
Oth
erof
feno
es
89.
Reg
ulat
Jion
s,.r
.
90.
Am
end
men
to
fSo
hedU
iles Par
tX
III
Am
end
men
ts,
Rep
eals
and
Sav
ings
'..91
.A
men
dm
ent
of
sect
Jion
2or
fAct
12of
1967
92.
Am
end
men
to
fse
ctio
n9
ofA
ct12
of
1967
93.
Am
end
men
to
fse
ctio
n15
ofA
ct12
of19
67••
94.
Am
end
men
tO!
fseo
tion
24o
fA
ct12
of
1967
95.
Am
end
men
tof
seot
ion
2o
fP
rocl
amat
Lon
51,o
f19
57
90.
Am
,end
rnen
to
fse
ctio
n2
ofP
rocl
ama:
tion
19o
f19
35
97.
Co
nst
rual
of
exis
ting
By-
Law
san
dR
egul
atio
ns
98.
Rep
eals
99.
Sav
ings
I
[Dat
eo
fA
ssen
t:].
[Dat
eo
fC
om
men
cem
ent:
See
Sec.
1].
AC
T
To
coll1
soH
date
iand
aII1
1'end
bhe
l,aw
rel'C
lltin
gto
land
.tJh
tus
pro-
vidi
ngfo
r- ('a)
Ithe
gm
nt
of
tJiJtJ
leIto
Lan
d;(b
)th
eoo
nv,e
flSi'o
nlo
fbL
tles
rto1
and;
(c)
11he
decl
araU
onof
seL
ecte
dde~elopmeIllt
area
lSa
nd
sele
cted
agri
Jcul
tura
lar
eas
and
tJi111
,ooto
ian
d1J
here
tin
;(d
)<t
hes,e
1JtJi
ngcw
ide
,of.1
Jand
for
use
fur
pu'b
1ic
pu
rpo
ses;
(e)
I1Jhe
esta
lb1J
ishm
ent
ofa
Lan
dT~iJbunal;
(f)
tJhe
gran
Jto
fpu
bl1c
S'ef
Y'it
udes
,an
dfo
rcO
llIlJ
ecte
dpU
l1po
ses.
En
acte
dby
tJhe
A:s
sem
Jbly
-
1.T
his
Aat
may
be
cite
das
the
Lan
dA
ct19
79an
dslh
:a:1
lSh
ort
titl
eco
me
into
oper
art:J
iJO
l1o
na
dJat
eto
be
app
oin
ted
bytJh
eM
inli
ster
by
and
no
tice
inth
eG
azet
te.
com
men
ce-
men
t
2.In
thi,
sA
ct-
Inte
rpra
ta-
"agI
1icu
lttuT
e"m
ean
sth
eus
eo
flla
md
exal
USi
ivel
yo
rm
a:in
lyfo
rti
onag
rku'
1Jtu
re,
wh
eth
eras
aI1a
1b1e
,p
astu
re,
gVa1
)ing,
orC
hard
or
:see
dg
row
ing
,O
fffo
rfo
ishfa
lIm
Jing
,fo
rest
ry(i
nclU
ding
aflf
oroo
'talt
ion)
,·or
for
1Jhe
bree
ddng
or
kee
pin
go
fl!
ives
tock
incl
udiiJ
ngan
ycr
eatu
relo
opt
for
tfrle
prod
uotli
Jon
of
food
,w
ool,
sillk
,sk
Ji.ns
()If
fur;
",al
lJO
lttee
"m
ean
sa
pevS
lOll
OItIh
CJr
than
the
ho
lder
of
ale
ase
or
Lic
ence
toW
hom
anail
loca
J1Jii
On
ofla
nd
ism
ade
un
der
rtJhd
sA
et;
"Oh'
ief"
1h:as
the
mea
nin
gas
sig
ned
toit
inth
eC
hief
t:aJi
nshl
ipA
.22
of19
68A
ct19
68;
"Com
mi\S
'Slio
ner"
mea
ns
the
Oom
mJi
Jss.
1oue
rO!f
Lan
ds;
"Jur
isdJ
iotJ
ion"
mea
ll1lS
juI1
isdio
t1ilO
lIlo
ver
the
are
ain
wih
ii.ctl
the
lland
,1J
hesU
!bje
cto
fa
gra
nt
of
trlJt1
lem
ade
un
der
tJhJ.is
Act
,is
situ
ated
;"L
and
Co
mm
itte
e"m
ean
sa
lan
dco
mm
itte
ein
aru
ral
area
esta
bliS
hed
by
reg
ula
tio
ns
un
der
seot
Jion
18an
dUI
1ItiJ
lsu
dh
regu
latil
:oru
sa,
rem
ade
mea
ns
aD
eV'c
lOip
Ille
ntC
om
mJi
ttee
oota
blii
shed
for
aO
hii'e
fo
rP
rin
oip
alO
hJie
fu
nd
erth
eL
and
Reg
uJla
ltion
s19
74;
L.N
.9
of19
7'.
I: 1, t'
..,t I
'
.TH
t"
~~"'r,I~
•.[
3,~,
,
,ljT
t'l'lI
fr..I'
.;.
~".,
("
.,It
;~
.
I\l '..
-
-.--
--_
....-----'
--- ...
--th
ein
stru
men
tev
.iden
cing
the
:sal
me;
"lio
once
"m
ean
sa
lioo
nce
gran
Jted
or
issu
ed.
un
der
this
Act
an
dtih
ei.n
stru
meI
llt
eVlid
oo.'c
ing
tJhe
SaJIl
1'e;
'1'aJ
ras1
Jalta
JoI
1g1a
Illis
altio
n"m
eans
aily
stClit
UJto
ryoo
11pQ
ra1J
iDn
Wh<
illy
or
par
tly
fUI1
ded
bytJh
eS
tate
or
w1h
ere
oont
rol
and
mal
llJaJ
gem
eIllt
issu
bje
ctto
gen
eral
dir
ecti
on
so
fpo~icy
froa
notJ
heSt
J<lJt
eo
ra
Miln
Jist
er;
· ..t
."P
rmci
Jpal
l.O
hiLe
f"in
clud
esa
WaJ
rd~j,ef;
"prJ
per
auto
oI1i
Jty"
inre
1atlJ
i'On
w;,a
!l'lo
catJ
ions
of
lan
dm
ade
priJ
Or
to1J
heoo
mm
enoe
meI
llt
6If t
JhJ1
sA
ctm
ean
san
yau
tho
riJty
emp
ow
ered
un
der
any
law
plli
orto
this
Act
tom
ake
alilo
aaltJ
ions
or
coru
seIll
t to
the
tI'la
ns.fe
r1J
here
of;
. "pu
blic
punp
oses
"in
rel1
a:tl.
onto
land
,in
clud
esiJt
sus
:eby
the
gove
rnlI'
llien
Jt,
aQo
oaJ1
.aU
JtJho
I1ity
or
asb
<lJtu
tQry
c011
pOra
tion
,fo
rtJh
epU
l'J?O
Seof
-, .\
:(a
)pr
ovtid
ling
road
s,ae
rod:
rom~
~~,
rail
way
s,ca
nals
,w
ate
rsw
ppJ.
,y,
draJ
1nJa
ge,s'ewel'l~;
(ob)
proV
Tid
ing
soaiJ
ause
rviJ
ces
suC
has
sdho
o1>s
,O
Osp
iilta
ls,
host
els,
cem
eter
ies,
play
ing
neld
s,p
ark
s,sw
imm
ing
baJtJ
hs,
IlIart
:UI1
ere
serv
es,
low
in0O
ll11'e
'hou
sing
;(c
)w
aite
rO
OllJ
Serv
.atJi-
onby
mea
nsof
wat
erS
heds
,w
ater
o<lJ
tdhm
ent
a'rea
lS,
rese
rvod
:rs;
(d)
Land
oons
erva
ifJi
onbh
roug
1haf
fore
sta1
!lon
and
ero
sio
npr
eveI
lltiO
lIl;
(e)
prov
tidi
ngod
:lfiic
es:
off1
ciJa
lho
usin
g,st
ore
s,re
sear
Ch
and
agm
CU
ilttu
ral
sta;
tion
s,de
feno
ean
dse
curi
tyre
-qU
Jire
men
ts;
.r.(f
)fu
rtlhe
I1iIl
Jgsp
ort
,cu
,ltur
e,in
dust
ryan
dto
uri
sm(1
ndl
udin
gtJh
epr
ovis
ion
ofho
tel's
);
. ..
(g)
"'P'ro
vidd
ng'a
nypU
blic
utJiJ
l1ity
serv
ice;
(Ih
)'pr
oVTi
dJin
gan
yse
rVTw
ew
lhJid
his
inth
ep
ub
lic
inte
rest
or
WrO
II..lld
e.IlJ
h,an
ce'q
OlI'
pro
mo
tena
tiOIl
lal
reso
urc
esan
dpr
ospe
riJt
y;,
."p
ub
lic
.ser
viJt
ude"
mea
ns
ase
rvit
uct€
gl1a
nted
byth
eM
inis
ter
un
der
sect
ion
72;
"pu
bli
cut
iHty
serv
U:c
es"
incl
udes
serV
T10e
lSfo
rtlh
ep
urp
ose
oftr
ansp
ort
and
com
muI
lliO
ClJ
tions
,fo
rtJh
esu
prp[
yof
elec
tT'i
city
,ga
s,w
aite
ran
dtJh
epr
ovis
ion
O!f s
ewer
age;
"reg
istr
aibl
eti
tle"
mea
ns
tirtil
retJo
lan
din
aru
ral
area
whi
ohh
asb
een
aJ.lo
catte
dflo
rUS
le-
(a)
for
com
mer
oi'aJ
1.o
ri1
ndus
tl1ia
lpu
rpos
es;
(b)
for
pu
rpo
ses
of'a
nac
oles
i:asb
ical
,be
nevo
lent
,dh
arit
-<l
iMe
or
eiduC
<li1
:Jk>n
alin
stitu
ltJio
nof
ap
ub
lic
char
acte
r;(c
)fu
rp
urp
ose
so
fa
hosp
1tai
l,dU
nko
rd
isp
ensa
ry;
(d)
fel'
Fesi
dent
Ji:a
lPUf'I36S€S~
(e)
for
such
oth
erp
urp
ose
astJh
eM
iIll
iste
rm
ay,
byo
rder
,de
clar
e.
-"'-
-0
-"---
"'-_
-.J
vO
..-.J-~
-..
.,-
_..,
-----
"reg
istr
atL
on"
mea
n"
reg
istr
atio
nin
Vhe
Dee
dsR
egis
try;
"rev
oca
tio
n"
mea
nsb
he
revo
ccL
tion
of,
or
dero
gaM
onfr
om,
anal
loca
tion
mad
eu
nd
erP
art
II;
"ru
ral
area
"m
ean
san
area
whi
chis
no
tan
urb
anar
ea,
ase
leo
ted
dev
elo
pm
ent
area
or
ase
lect
edag
r,ic
ultu
ral
·are
a;"s
dlea
ted
cugl
icuJ
l,tur
aJar
ea"
moa
nsan
area
set
asid
eu
nd
erse
ctJ1
0n50
for
the
deve
,lop
mon
tof
agri
cuL
ture
bym
od
ern
fCl)r
min
gte
dhni
ques
;.
"sel
ecte
d.d
evet
op
men
tar
ea"
mea
nsan
area
set
WSl
ide
un
der
sect
ion
44
for
-.
(a)
dev
elo
pm
ent
or
reco
nstr
ul.'i
i'on
ofex
.isti
ngly
uilt
-up
area
s;(b
)o
on
stru
dio
no
rde
velo
pnl,C
ntof
new
resi
dent
ial,
com
mer
dia
lo
rll
ldus
tria
J.ar
eas;
(c)
read
just
mel
.1lt
ofb
ou
nd
arie
sfo
rth
ep
urp
ose
sof
tow
np.
l!anI
lJin
g;"s
orvi
tude
"m
ean
sa
rig:
htal
ladh
c-d
toa
par
ccl
O'f
l,and
wh
ich
isth
esu
bje
ctof
ale
ase
eiU
hcr
tou
seob
her
Lan
din
ap
arti
cula
rm
a:Im
ero
rto
rest
r10t
its
use
toa
part
icuN
u:ex
ten
t;"s
tatu
tory
cond
iJU
ons"
inre
laL
ion
toa
leas
em
ean
sth
est
atu
·to
ryco
ndit
ions
list
edin
the
Fir
stS
ched
ule;
"tiJ
tle"
mea
ns
ana1
Jloo
abio
nof
,land
oo
dert
his
Act
or,
Whe
rea
leaJ
Seo
rli
cenc
eis
gra
nte
do
ris
sued
un
der
this
Act
,su
chl,e
ase
or
lrice
nce
,an
din
reLa
rtTho
nto
rig!tu
tsin
lan
deX
listin
gat
tJhe
com
men
cem
eIll
tof
tJhIi:
sA
ct,
mea
ns
ana1
10
oatJ
k>n
mad
eb
yth
ep
rop
erau
tlhio
rity
or
the
tran
sfer
ofan
a1Jlo
ca1:
'ion
oons
ente
dto
byth
ep
rop
erau
tfuo
rLty
;"T
dbun
aJl"
mea
ns
1:Jhe
Lan
dT
r.ib
unal
esta
blis
hed
un
der
sec
tio
n64
;"u
rban
area
"m
ean
san
area
spec
ifie
din
the
Sec
ond
Soh
edul
eas
def
ined
byth
eM
iI1l
iste
ru
nd
erse
ctio
n19
;"U
rban
Lan
dC
om
mit
tee"
inre
1a1!
ion
tola
nd
inan
urb
anar
eam
ean
sth
eco
mm
ttte
ees
tabL
ishe
dfo
rth
atu
rban
area
inac
cord
ance
wit
hse
ctio
n24
.n
_'JD
C-
-Vl\'~
dE?\I~r\I\J.tLJ-"-O~(
PA
RT
IIn
alie
nab
ilit
yo
fla
nd.
and.
po
wer
tog
ran
tti
tles
tola
nd.
3.(l)
IJan
din
Les
otho
isve
s-te
dab
solu
tely
and
irre
voca
bly
inth
eB
aiSO
tfuo
Nat
ion
a...d
ish
eld
byth
e~,
asre
pre
sen
tati
ve
of
the
Nat
ion.
11CCil
-a-(2
)A
sa
coro
llar
yto
the
pri
nci
ple
staJ
ted
insr
uose
etio
n(1
)no
per
son
,o
ther
thanth~Shall
ho
ldan
yti
tle
tola
nd
exce
pt
asp
rov
ided
for
un
der
cust
om
alla
wo
ru
nd
erth
isA
ct.
1_
,....
,,.
I.J~,
Fir
stS
ched
ule
>.
Sec
on
dS
ohed
ule
. "
Lan
dve
sted
inB
asat
hoN
atio
n
(b)
inre
spec
tof
l'and
tow
hich
Par
tII
Iap
plie
s,be
mad
e·to
the
Sec
reta
ryof
the
Urb
anL
andComm~t
tee
haV
iing
]'ufl
isdi
dbio
n.in
Fo
rm"B
"in
tJhe
Th
ird
~"
~.S
ched
ule.
vpc-
(2)
Th
edh
aJil'
ll1'an
of
the
Lan
dC
omm
itte
eor
,as
the
case
.m
ayhe
,1!
hese
cret
ary
ofth
eU
rban
Lan
dC
omm
itte
esh
alH
noti
fy.t
he
app
lica
nt
ofth
eda
te,
tim
ean
dpl
ace
ofhe
,ari
ngof
his
app1
i:ca
. tio
nan
dth
eap
plli
cant
si\1,
allb
een
ti1Jl
edto
app
ear
and
mak
ere
pre
sen
tati
on
so
rS
Ubm
issi
ons
insu
pp
ort
o£hi
sap
plic
atio
n.(3
).T
he
deci
sion
on
any
appl
i.cat
1ion
shal
lbe
inw
riti
ng
set
; i':!
tin
gfo
rth
adeq
uat
ely
the
gro
un
ds
upon
whi
chlit
isgi
ven.
''"''~
..~
,.-
,(4
)W
iher
ea
deci
sion
inre
spec
t'Ofla
nd
-;.
(a)
whi
dhi,s
lihe
sub
ject
ofa
regL
stl'a
ible
titl
e;o
r'.
Cb)
<toW
lh1iC
hB
art
III
appJ
i,es,
v.D
C-
, is
favo
urab
le,
tlhG
"'dh
airm
anof
the
Lan
dG
Siff
imitt
ee,
wh
ere
para
'g
rap
h(a
)ap
ph
es,
or
the
secr
etar
yoi
fth
eU
rban
Lan
dC
omm
itte
ehJ
aViin
gjU
J1is
diot
ion,
inth
eca
seof
·~aTagraph
(b),
shal
lfo
rwar
d2"
.to
tJhe
Com
:mis
Slw
ner
ace
rti!
fiic
ate
inF
orm
"C2"
or
"C3
"in
the
Th
ird
Sdh
ed.u
leas
aJP
Pl'o
pria
te.
;';i
;~
·...2
,f6.
(1)
itle
ex
cep
t-
(a)
(b)
966
~67
Cc)
..~~:
Hi
iy~
(d)
App
lica
tion
Par
t11
Cer
tain
titl
esno
n-re
gist
rab
le
;0 tIes n g non
Its 'art
s[I \0
"
(3)
Whe
lre
the
cust
omar
yla
wis
inco
nsis
tent
wilt
Jhth
isA
ct,
this
Act
shaU
preV
iaJiJl
.
I,1'
::.T
he
po
wer
tog
ran
tti
tles
tola
nd,
tog
ran
to
rcr
eate
ser-
vitu
des,
tore
voke
or
der
og
ate
from
anal
loca
tion
mad
eu
nd
erI
Par
tH
,to
term
inat
eo
rre
voke
ale
ase,
lice
nce
or
serv
itu
de
is.t.
ves<
ted
inth
e,K
ing,
ash
ead
ofSt
aJte
,in
tru
stfo
rth
eB
asot
hoN
atio
nan
d~l
be
exer
cise
das
prov
ided
fo:!'
un
der
this
Act
.5.
(1)
App
liic
atio
nfo
rg
ran
tso
fti
tle
slh
aill
-(a
)in
l1es
peot
of 1
and
tow
hicJ
hP
art
ITap
plie
s,b
em
ade
toth
ech
airm
ano
ftJh
eL
and%
lt1l
ILit
ttee
havi
ngl"
jUJ:1
iS<u
.ctio
nin
Fo
rm"A
"in
the
Thi
rdS
ched
ule.
No
per
son
Sh!a
Jllbe
capa
hle
of h
oldi
nga
tLtl1
eto
~and
aci
tize
nof
Les
otJh
o;1f
ueh(
JIld
erof
'ap
erm
itfo
rin
de.t:
1ini
teso
jou
rngr
an
ted
un
der
sect
ion
6of
tihe
Ali
ens
OoI
1tro
llA
ct19
66;
aoo
mpa
nyin
corp
ora
ted
or
I1eg
iste
red
un
der
the
Com
pani
esA
ct19
67an
d.ca
rryi
ngon
busi
ness
inLe
sO!tJ
hoan
dof
whJ
iah
am
ajor
1ty
Siha
re.;h
oldi
ngof
atle
ast
51'1
0'is
,an
dre
mai
ns,
atCl!
llti
mes
inth
e·h
ands
ofci
tize
nsof
Les
otih
o;a
com
pany
inco
rpQ
J:1a
ted
or
reg
iste
red
un
der
tJhe
Com
Dan
ri.es
AM
'1
0R
7<
l ....
. r1
n<
l,..",,;~
n~~
...,,~;-
---
:-
Les
otho
ofw
hich
am
ajo
rity
shar
cho
ldin
gis
held
byno
n-ci
tize
nsoJ
:L
esot
Jho,
bu
ton
lyin
rela
tio
nto
land
held
bysu
chcQ
mpa
nyat
~he
com
men
cem
ent
oftih
itsA
ct;
(e)
aco
rpor
atio
nes
tahH
shed
un
der
Les
ouho
law
;(f
)a
par
tner
ship
ofw
hidh
the
maj
ori
tyof
tJhe
par
tncr
sar
eci
tize
ns0'£
Les
otho
;(g
)c(
)ope
l~ab
ive
soci
etie
s,fr
iend
lyso
det
ies
and
any
soci
ety
or
body
ofpe
rson
s,o
ther
Ura
na
com
pany
or
A20
of
1966
part
ller
Sih
ip,
reg
iste
red
un
der
the
Soc
ieti
esA
ct.
1966
;('h
)su
bje
ctto
tJhc
appr
oval
oftJh
eM
inll
iter
,co
mm
on
wea
lth
or
fore
ign
gOV
CrIU
11en
Go
rpu
hLic
inte
rna
tion
alor
galll
lsat
Jion
sfo
rj}
urpo
sc,s
re,L
evan
tto
aeti
vi
ties
appr
oved
byth
eG
over
nmen
t0.£
Les
otho
or
toth
eir
mis
sion
sin
Les
otho
.(2
)S
ubse
oLio
n(1
)sh
all
nOlt
be
con
stru
edas
pr(J
Ihib
itin
gan
ype
rson
c1i.s
qual
iHed
un
der
,itfr
om
holc
Lin
gan
yri
gh
tsu
bsid
iary
toa
leas
e,in
clud
ing
asu
bJ1c
ase
or
mo,
rtga
ge,
sub
ject
toth
eco
nsen
tof
the
Min
iste
rbe
ing
ob
tain
ed\v
lher
eso
req
uir
edu
nd
erth
isA
ct.
PA
RT
IIL
and
hel
du
nd
eral
loca
tion
7.T
his
Par
tap
ph
esor
illy
tola
ndin
rura
lar
c'as
.8.
(1)
Sub
ject
tsu
bsec
ti'o
n(2
)an
dse
ctio
n11
,a
gra
nt
ofti
tle
un
der
this
Par
t,if
mad
ein
resp
ect
ofla
nd
whi
chis
no,t
the
sub
ject
0.£a
reg
istr
able
titJl
e,~haU
no
tbe
tran
sfer
able
and
shal
l,su
bje
ctto
the
cond
iUor
..sla
iddo
wn
inth
eal
loca
tion
and
toth
ep
ow
ero
fre
voca
tion
,en
titl
eth
eal
lott
eeto
use
or
tous
ean
doc
cupy~e
lan
dfo
rti
lepu
rpos
est
ated
inth
eal
looa
tion
for
ape
riod
wh
im~OIG-
'70
~£.L
Oc..
-=>
ArJ
o7
'7I'a
C-
r'.£
r..:
5<;y
v'7
0c.
./Se
:-(a
)in
the
case
ofa
body
corp
ora
te0'
1'u
nin
corp
ora
tem
aybe
ali
mit
edo
rin
def
init
epe
riod
;(b
)in
the
case
ofan
indi
vidu
crl,
may
bea
lim
ited
pe
riod
or
his
life
tim
eb
ut
shal
ln
ot
end
ure
beyo
ndhi
sli
feti
me.
(2)
No
ith
stan
din
gsu
bsec
tion
(1)~erean
allo
ttee
ofla
nd
refe
rred
Lhe
rein
.es,
the
chai
rman
ofth
eL
'C
omm
itte
eha
ving
jur~
ict.
ion
shal
lre
din
his
reg
rste
rth
epa
s.
e:of
the
intr
est
inth
ei-a
.nd
ofth
ede
ceas
allo
ttee
to-
the
firs
tm
wle
'ue
ofth
ede
ceas
edaH~e
(who
.11
shar
ew
H,h
hIS
'un
ior
bro
ther
sin
acc6
:Nl<
!..nc
ew
itI
ead
vice
of
the
ily)
unle
ssth
ede
cea
allo
ttee
dd
esig
nat
edot
heis
e;tb
)w
her
ep
ara
)!h(a
)do
esn
ot
1y,
the
per
son
no
min
ated
ast
eir
of
the
dece
asa:
llot
tee
byth
esu
rviv
ing
mem
'Sof
the
dece
aser
'lott
ee's
(
.',"', jf
~l"~
:1~1
erta
in,
titl
es19
istr
able
,:.".,
I
ii'
;qr'
"
~J
.
llve
rsio
nof
()C
atio
ns
f':iJ
Ji
'W~
'11'
.t-r;;
-C··
l
ler
rura
ld
hel
dle
ra
leor
nee .,
''-1
,I lw'"
~,~-·U'i
~\,-i.
!!A
' 1r'
eati
ngol
'ity
J
(c),
'ep
arag
rap
hs(~
~r1
(b)
dono
t'ly
wit1
1in
twel
vent
hsfr
o~1t~te~he
deal
.th
e"
allo
ttee
,th
ete
,'
".'
(3)
No
twit
hst
and
ing
sub
sed
ion
(2)"F."'!lMr'AYifl~"'S~'6l"e@'
81"
a!T
Iino
rch
l'l,d
ofth
edecease~,ottee
shal
lbe
ej'lt
iDle
dto
rem
ain
ill
occu
patI
On
ofth
ela
ndal
la,
ted
toth
edc
c~..
a.s2
clal
lott
eeu
nti
lh
isow
n~eceas~~
NJc
L.
,-I/
Rte
IS~rs-hf;:l.ee.
no
C-r
9.,(
1)
Wh
ere
ag
ran
tof
titl
eu
nd
erth
isP
art
rela
ted
tola
nd
whi
chis
the
sub
ject
ofa
reg
istr
able
titl
e,th
eal
lott
eesh
all,
wit
hin
six
mo
nth
saf
ter
the
dat
eof
the
::l!l
ocat
ioll,
appl
yto
the
Com
mis
sion
e,r
for
ale
ase
and
suah
leas
esi
lali
,in
all
resp
ects
have
effe
ctas
ifit
had
bee
ng
ran
ted
un
der
Par
tH
I.(2
)W
her
eth
eal
lott
eefa
ils
toap
ply
toth
eC
omm
iss'
ione
rin
acco
rdan
cew
ith
subs
ecti
on(1
),th
eC
omm
issi
oner
shal
lse
rve
noti
ceup
onh
imso
toap
jJly
and
ifhe
fail
sto
doso
wit
hin
thre
em
on
ths
ofth
eC
omm
issi
oner
'sno
tice
,th
eg
ran
tsh
all
beo
fno
effe
ctan
dth
ech
airm
an,o
fbh
eIJ
and
Com
mit
tee
havi
ngju
risc1
Jic
tion
,on
bei
ng
advi
sed
by1;
heC
omm
issi
oner
ofth
eal
lott
ee's
de
faul
t,sh
all
eras
efr
om
the
reg
iste
rsp
ecif
ied
inse
ct'io
n17
(2)
the
entr
yre
lati
ng
toth
eg
ran
t.
10.
(1)
All
ocat
ions
0:£la
nd
mad
ep
rio
rto
tr.e
com
men
ce
men
to
fth
isA
dsh
all
bede
emed
toha
vebe
enm
ade
un
der
t!J1Ji
sP
art,
(2)
Are
gL')
tmbl
eti
tle
held
atth
eco
mm
ence
men
tof
this
Act
shal
lb
eco
nv
erte
din
toa
leas
ean
dse
cti o
ns29
and
31sh
all
app
lyto
the
ho
lder
ofsu
ohti
tle
,,1iS
they
appl
yto
ap
erso
nho
ldin
gti
tle
un
der
sect
ion
28(1
).
11.
(l)"
"Wh
enev
eran
allo
ttee
ofla
nd
used
for
agri
cU'lt
ural
pu
rpo
ses
is,d
esir
ous
of
hold
ing
,;his
lan
du
nd
era
leas
e0'
1'l'i
cenc
eu
nd
erth
eco
ndit
ions
rela
tin
gto
lan
dhe
ldu
nd
era
leas
eo
rli
cenc
e,h
e'm
ayap
ply
totih
eC
omm
issi
<m
erfo
rth
eis
sue
ofa
leas
eo
rH
ce
nce
inre
spec
tof
that
lan
d.
(2)
Th
eC
om
mis
sio
ner
shal
lln
ot
issu
ea
leas
eo
rli
cenc
eon
the
appl
ica1
:ion
of
ancr
llot
tee
unle
ssbh
eal
lott
ee's
lan
dsa
tisf
ies
the
conc
htio
nsw
hic
hth
eM
inis
ter
may
byno
tice
inth
eG
azet
tede
te
rmin
ein
res,
pect
ofth
eus
eto
whi
chth
ela
ndis
pu
tan
dth
ele
vel
ofd
evel
op
men
tW
hich
the
Joan
dha
sat
tain
edo
ris
inte
nd
edto
attJ
ain.
(3)'
An
yal
lott
eeag
grie
ved
byth
ede
cisi
oll
ofth
eC
omm
is
sio
ner
un
der
t1110
sse
ctli
onm
ayap
pe'a
lw
ithi
nth
ree
mo
nth
so
fth
ed
ate
oL
the
deci
sion
toth
eT
rib
un
alw
hose
deci
s.io
nsh
all
befi
na'l.
12.
(1)
Subj
e.cj
;to
subs
eoti
on(
hep
ow
erto
gra
nt
titl
eto
dsh
all
be
exer
C1:
sb
ym
ajo
rity
deo·
'n
ofth
eL
and
Oom
m
Ltt
eeta
blis
lhed
for
the
ao
fju
risd
icti
on,
whi
chth
eC
hief
hav
h,g
ju
r'c
tion
slhai
Hb
ech
a''a
n"e
xof
fici
o"0'
'Sud
ho
ther
Lan
dC
om
mit
t'S
the
Min
iste
rm
ata
bili
shu
nd
erse
.n
18,
,(2
)<N
otw
ith
std
ing
subs
'edi
on(1
).,
enev
er,i
np
ursce
9£'r'~gulations
mad
eun
d€n'-
.seC
±i'ol
J11R
rlin
,,,t
lC
'.,
ro
<YiUA~
..~
..a;
;
co
rd,
ew
ith
the
dire
ctio
ns(3
)L
and
Co
mm
itte
esi
. In
ot
exer
ci:s
eit
sPOW~Of
gran
t-in
gti
tle
toc'
dfo
rco
mnr
erda
il-
indu
stri
al1
purp
oses
unle
ssit
shaH
hav
ef,
irst
e.fe
rred
tlhe
appl
ica
'ill
toth
eM
ini.s
ter
0sl
h,al
l''O
rthw
:it!h
seek
1Jh
adv
ke
ofth
eM
ini,
rfo
rC
omm
erce
cfiM
itry. (
'I1he
Min
iste
rf
.C
omm
erce
and
Inhi
sad
vi
toth
eM
inis
ter
ith
tile
min
imL
Ul1
'ayan
d,ID
any
oase
,n
ot
la:
rtJ
han
six
wee
kste
rth
ed
ate
on
w'
11hJ
isad
vice
was
sou
gh
tby
1eM
inis
ter.
(5)
Ag
ran
t,a
do'in
cOlltrav~'Oill
ofsu
hsed
ioo.(2~r
(3)
shal
lb
eoJ
no81
ffec
t,
13.
(1)
Th
epo
,wer
tore
vol{
ean
a:ll
ocat
ion
8'ha1
1ap
ply
only
inre
spec
to
fl'a
ndw
UIic
his
no
tU
hesUbj~:
'clre
gist
ra:h
leti
tle
arnd
shal
lb
eex
erci
iSed
bytID
eL
aud
Gon
tee
fO["
the
-are
aof
juri
sdic
tion
,u
nd
erV
iledh
airm
ansl
1l1]
p0'
£tlh
e01
111e
£h
avin
gju
pi:s
dic
tiOIl1
or
such
ol1:
JherL~d
Com
m:h
Kee~
the
MiI
liis
ter
may
esta
b1:j
shu
nd
erse
etL
on18
.A
LL
CX
Y=
J//
A4
-AU
T1i
az@
(2)
Bef
ore
exer
oLsi
ngit
spo
,we,
ru
nd
ersu
bsec
tJiO
ll1(1
)th
eC
omm
iJt't
ee51
hall,
thro
ug
hit
sch
aljt
'man
,gi
ve'ai
t 'le
ast
30da
ys'
wri
llte
nn
oti
ceto
tlhe
pers
olIl
affe
oted
ther
eby
of
its
inte
ntio
lIl
todo
so.
(3)
'I1he
noti
cere
ferr
edto
un
der
sub
sect
ion
(2)
shaW
l set
ou
tde
al!'l
ytlh
eg
rou
nd
sup
onw
hioh
tJhe
aill
ocat
ion
isto
he
revo
ked.
(4)
Th
eno
tice
shal
lbe
dee
med
toh
ave
bee
ngi
ven
1fse
rved
ina'
ccor
daill
cew
ith
sect
ion
86,
14,
(1)
Wh
ere
iJtis
nec
essa
ry'in
bhe
publ
:iciJ
Ilte
rest
tose
tas
ide
for
publ
icpu
rp'o
ses
,am
oca1
Jed
Ilan
dw
hich
isn
ot
the
sub
ject
of
are
glst
r3lb
leti
tle,
the
Min
Iste
r,,R
Ifte
rco
nsll
'ltat
ron
wit
hth
'eP1
1iJn
cipa
lO
hief
haV
ing
jUl~lsdictionall1d
up
on
orbt
aiilI
ing
tJhe
Kin
g's
asse
nt,
sih'3J
llby
n<Y
tice
inth
eG
azet
te,
deol
are
the
[an
dto
be
SI<>
1'8
qUir
ed.
(2)
11he
Oom
mis
siol
Iler
slha
ll,U
!pon
puih
licat
iJOIl1
(}If
ade
clar
ati
on
nortJ
ice
issu
edU
IlJde
rsu
bse
ctio
n(1
),fo
r.L
hwith
sen
da
copy
tihe
reof
to1J
hech
aJ1r
man
oftJh
eL
land
Oom
m'it
tee
lhav
,ing
juri
sdk
H
ion,
and
the
chai
rmar
ns~all
Vhe
peru
pon
oarn
ceJ
the
allJ
.oca
tJro
nm
ade
IDre
spec
to
ftJh
el!a
rnd
sub
ject
totlb
en
oti
cean
dsh
aUs'
erve
are
vo
oab
on
not1
ceup
on'tih
Jea:
llOltt
eeim
.th
em
aJ11
ll1:er
pl'e
scrj
'bed
inse
c1J
Lon
86re
qu
esti
ng
him
tov:
acat
eth
e~and
by
ad
ate
nat
J:at
erth
an
s'ix
mo
nth
sfr
om
the
dat
eo
fpu
bUJic
atiO
ll1ol
fth
ede
clar
atio
lIl
noti
ce.
(3)
No
twit
hst
and
ing
,any
def
ault
00
.th
epa
ll,t ,
oft!h
e,c
ha'i'
rman
inoo
mpl
ying
wit
hsu
bse
ctio
n(2
)0'
1'an
yir
regu
Lar
ity
inth
ese
rvi
ceof
tJhe
revo
caIt'
io(l1
noti
cean
y31
110C
Cliti
oo. m
ade
'inr8
'Sip
e'ot
of
the
lan
dsu
bje
ctto
the
deda
raJt
ion
no
tice
issu
edu
nd
ersu
bse
ctio
n(1
)sih
ailll
be
dee
med
toh
ave
bee
nre
vo
ked
asif,
mm
tihe
date
(}If
the
de
clar
aJtiQ
nno
tice
,an
dth
eal
llot
tee
s:b:a
lllv
acat
eIth
JelM
db
ya
dat
e...
......
....
1....
4.....
_"-1
-_
_~
."..
"-
-
Rev
ocat
icof al
loca
tioI
l
Rev
ocat
io.
ongr
ount
of
pu
bli
cin
tere
st
(a)
pre
scri
bin
gth
eaU
C{)
atlo
llw
hicl
1m
ayb
em
ade
and
ilie
pers
ons
toW
hom
they
may
bem
a.de
,t'h
eg
rou
nd
so
nwhi~h
and
the
circ
um
stan
ces
inw
hic
hth
eym
ay
or
shal
lb
em
ade
or
rev
ok
edan
dg
ener
ally
regu
la1.
lng
the
pri
nci
ple
sac
cord
ing
tow
hic
han
dt.
hcm~Ulner
inw
hic
hth~Lan~mittee
shal
lex
erci
seC
..,.it
spo
wer
su
nd
erth
isP
art;
a.t
'{o~~~
(b)
spec
ifyi
ngth
eg
rou
nd
sO
llw
hich
and
the
circ
um
stan
ces
inw
hich
the
Min
iste
rsh
all
give
dir
ecti
on
un
der
sect
ion
12(~c~~-~
(cj
esta
bli
shin
gb
an
d~t~esill1d'
pro
vid
ing
fo~"
"c:::
.)L
heir
com
posi
tion
,se
nio
rity
,m
eeti
ng
s,p
rore
du
real
lCl
qu
oru
m;
(cl)
regu
lati
ngth
eco
nduc
tof
mee
tin
gs
inU
1eev
ent
<Yf
ach
ief
asch
airm
ane
xof
iici
ofa
ilin
g,fo
rno
good
caus.e,~to
atte
nd
apr
op0r
lYco
nven
edm
eeti
ng
of-&~,./,
"'b
.i't
dC
Oll
llil
lHec;a
na..L't-ccCL~..;t
5~LD~
le)
gen
eral
lyca
rry
ing
into
effe
ctth
epU
:PpO
Se.5
of
this
Par
t.
22.
(1)
N()
1'w
ith.
"t;1
nnin
cY~pM-inrn
')1
",h
"""
fhA
~~_.J
~._-"
PA
RT
III
1.G
rant
ofti
tle
tola
ndIn
urb
anar
eas
21.
(1)
Su
bje
ctto
sect
ion
22,\VIhel~
lan
dis
avai
la'b
J:e
for
aA
dv
erti
sig
ran
tof
titl
e,ti
leC
omm
ilS
sion
ersh
a11
publ
iciz
eilh
efa
ctby
no
tice
ofpl
ots
inth
eG
azet
tean
din
an
atio
naJ
new
spap
er.
(2)
Th
ead
ver
tise
men
tn
oti
cesh
all
-
(a)
stat
ew
heth
e:r
the
lan
d:is
'avat
illaJ
ble
for
leas
eo
rli
ce
nce;
(b)
con
tain
asu
ffk
ien
td
escr
ipti
on
of
tihe
lan
dto
.en
ab
leit
sid
entif
Jica
Jbio
n;(c
)g
ive
part
icU
llar
sOt
fth
ep
erm
itte
dla
nd
use,
the
gro
un
dre
nt
or
fee
pay
able
,W
lher
eap
pro
pri
ate,
and
of
the
amo
un
tto
be
patid
for
tJhe
imp
rov
emen
ts(i
fan
y)
mad
eto
the
lan
d;
(d)
inv
ite
mem
ber
so
f11
h.ep
ub
lic
tolo
dg
eap
pli
cati
on
sw
ith
the
secr
etar
yo
fth
eU
rban
Lan
dO
omm
itte
eb
ya
spec
ifie
dd
ate.
20.
Ag
ran
tO!
fL
ttie
tola
nd
un
der
fuis
Part
sha1
l1en
titl
eth
eL
ease
org.
mnt
eeto
ho
lda
leas
e0.
1'U
oenc
e.lic
ence
19
,(l
)T
Ills
Pal
1ap
pl'i'
esto
the
gra
nt
oft11
:U:e
tola
nd
inan
Ap
pli
cati
lu'b
anil
l'ea.
ofP
art
1
(2)
Th
eM
inis
tel'
shal
l,by
no
tice
inth
eG
azet
te,
defi
netID
eb
ou
nd
arie
sof
each
of
the
urb
an'a
re'a
sli
sted
inth
eS
econ
d:::
lche
-du
le.
(a)
'any
caJll
JceH
attiJ
onre
suJt
Jing
fro
mth
eap
pllic
aNo'
l1o
fs'
ecti
on9
(2)
;
(:b)
any
rev:
o·oa
ttion
mad
eu
nd
erse
ctJi
on
13o
rm
ade
pu
rsU
Jant
toa
ded
:ara
tio
nno
ibio
eis
sued
un
der
sect
ion
14
(1)
Olf
resu
ltin
gfr
om
the
lo&
so
ftJ
itle
by
vir
tue
ofse
ctio
n44
Olf
50.
(c)
any
del'o
g,a:
1:io
nre
sult
ing
fro
mth
eg
ran
tb
ybh
eM
inis
ter
<Xfa
publ
,icse
rvit
ud
eu
nd
erse
ctio
n72
.18
.T
hf'
M'in
li:s
tpr
m':
:l"
m::
l:T
r"r"r,.t1l.'l+,iA~"
"...
.rl"
..<
,l..
;_1
>_
_<
",,-
a/LO(
l(J;/;1
'!!5~~
(2)
Ev
ery
ChC
liiJr
manSh~p
or
caus
eto
be
kep
ta
regi
ste
rO
!faM
alllo
Cla
ltlio
nsm
ade
by
tl*
,La
BEl:
OSf
fim::i
ttee
wh
iah
reg
iste
rSI
ha:ll
be
inF
orm
"E"
inth
e'D
hkd
Soh
edul
ean
d'Sl
h:a1l.
end
ors
etn
ere
on
-'
rrl,.
.i.I·
J
'.App
eals
qom
I;>en
sa-
15.
Wih
ere
an'aM
ocar
tJion
has
bee
nre
vo
ked
purs
uanJ
tto
ade
t~
onillear
clar
atio
nno
tice
issu
edu
nd
erse
ctio
n14
(1)
and
wh
ere
the
allo
ttee
~nJ;~~~~~.
'has
mad
ela
wfu
llim
pro
vem
ents
on
t1he
l'Mld
subj
'ect
toth
el'e
voca
14
.'1;io
o,ilJ
he'a
Uot
tee
shal
,lb
een
ti1J
~ed
toco
mpe
ns.a
Jtio
niJn
fue
amo
un
tof
the
val
ue
of
1Jhe
imp
rov
emen
tsa
nd
such
com
peru
s.at
ion
shal
lb
e,
a'8'Sess:~
inC
lJCoo
roan
oew
ith
secl
Ji.o
n56
.(;
Ir)
arfo
c:n-
b~;t)
16
/'(1
)A
per
son
agg,
r,ie
ved
by
ade
ohs:
10no
dL
aB
dO
gm
mllt
tee
petfH
Bia:l
gto
gra
ntl
atJ
itle
to~a!REl
Sa"F
evs1
2isH
gan
aliL
89at
.iloo
o,tfu
er
wis
eth
anu
nd
erlS
:ect
iWt
14,
may
aWea
Jto
the
nSK
tss
moF
Ltm
QC
(:M'l'l
lfflft
tc6:~
<q'J
,CbU
...l"'/a
.fI.(2
)~o
app
eals
hal
lH
eun
.der
tlhd'S
sect
ion
wh
ere
-C
a)rth
el'e
fus1
aJl
tog
ron
t'is
:inac
cord
ance
wit
hth
edi
rec
tiJol
nsis
sued
by1J
heM
inlh
ster
un
der
sect
ion
12(2
);
or
(ob)
t:h:e
gro
un
dof
appe
la!l
does
nOlt
invo
llve
.aqu
est1
0n0
ofla
w.
tdJt..~tL
0/~
IkbG
u<-tL
I(3
)N
OIti
ceof
an'ap
pea1
lsi
haH
h<~{iven
liJn
Fo
rm"D
"in
tih.e
Th
ird
So'
hwul
ean
dID
atll
belodg~httg!ft
1lfte
ooa!
irfft
an,
wit
htn:
J;sLa
a:l.d
CG,R
uIld
Jtteeag~t
wt}:1
4oh
QsO
O;'io
o~he
appo
ad.
15m
adQ
,w
ithi
n30
days
of
the
dedi
:siQ
no
r,in
1fu.e
case
ofa
revo
oatl
ion,
of
the
noti
!ce
tJhe
reo[
'iss
ued
un
der
slec
tJio
n13
(2).
W~thin
sev-
:cn
Otl
'ece
1ipt
of
the"
.oe
of
appe
ail,
tlhe
dhal
irnl
aJli
cau:
sea
reoo
he
proc
eedi
ngs,
tog
eth
erw
l1Jh
ast
Jarte
mol
fth
eg
rou
nd
s0
ere
fusa
J.to
gra
n'e
to[·
and
011'
fur
tihe
rev
o"0
0to
befi
orw
arde
1Jhe~iTInan
of
Lan
dC
om
EE
mi
reto
whl
i'
eap
pe,a
llie
s.(5
)ehe
al'i
ng~a
ppeC
lil,
the~ant\SI~
en-
tttl
edto
app
ear
arg
ue
-hiis
apP
eal.
••--
-....
...
atJo
e.cr.-
S~~
17.
(do-
)'r
he
dhaJ
irm
an'of
the
Lan
d~i
tt:e
ew~
gra
nts
at'i
lble
toIl:
and
Slha
J1l
ilSSu
e01
1'0a
use
tob
eis
sued
toth
eal
'lott
eea
cert
ific
ate
wh
ich
shal
lb
eei
ther
inF
orm
"Cl"
or
"C2
"in
the
'Ilhl
lird
Sch
'edu
le'as
.aJPp:ropIiiate~·
\.oirC
Cd.
.-.It
'
\,.." I';,'·
,
li'o
nn,"
D"
Th
ird
Sch
edu
le
\'l
':;
,I
.eQ
'tll
"Hn
n<
:
"l
Fon
D"E
"rh
ird
:;C
hedu
le
dert
ific
ate
'lifJ
allA
catio
Dan
drr
egis
ter
Form:~'C1"
"C2"
'c':o
IT
hir
dS
ched
ule
(t~1't
'~it
'1' .
..
,,"k
:'. ;Y
'\'
Adv
erse
clA
ims'
l!"rr
!nj ..
:l!'~:,,:.
;:'~i
~lt
ri,<
~uthority
togo
rant
titl
e
r'tl
'l')
•
i{M
:,::
'"
pu.r
pose
so
rw
here
land
whi
ahha
sb
een
'hel
du
nd
erti
tle
or
wh
ere
Land
wlh
idh
has
bee
n!h
eld
un
der
Htl
eo
ris
no:l
onge
rre
qUli
red
for
, ,Pu
blic
purp
oses
b-ec
omes
ava:
ilaih
lefo
ra
new
gra
nt,
the
Oom
milS
·'s
ion-
erm
ayis
sue
anim
l1iiJ
ati.lQ
nto
ten
der
no-t
ire
inth
eG
azet
tean
din
ana
tiona
il.ne
wsp
aper
Whi
dhnO
ltioe
shal
l,o
ontc
cin
the
part
icu1
ars
spec
if1i
edin
sect
ion
21(2
)1W
Ilid,
whe
reap
prop
r.i!
a!te
,tJhe
amo
un
to
ftih
ei}
ow
em
pre
miu
mac
cept
able
asco
nsid
erat
ion
for
1ihe
gran
t.'r'-
(2)
Wh
ere
tJhe
Com
mi!
ssio
ner
acts
jnac
cord
ance
wH
Jhsu
b-se
ctio
n(1
)su
bsec
tion
s(3
)(4
)an
d(5
)of
sect
ion
26sh
all
appl
y.
23,
(1)
Any
'Per
son
clai
min
gti
tle
tola
ndaf
fect
edby
ano
tice
issU
Jed
un
der
sect
ion
21(1
)o
r22
(1)
may
,w
iJt!h
ino
ne
mo
nth
from
1Jhe
dat
e<J
.fpu
bl1i
.mtio
nof
the
noti
ceID
the
Gaz
ette
,lo
dge
acl
aim
tosu
ahla
ndbe
fore
bIle
Tri
buna
il.
(2)
11he
cler
kof
the
Tri
ibun
aJsh
aJl
noti
fyth
eC
omm
hssi
oner
fortJ
hwitJ
hof
any
olCl
Jimlo
dged
un
der
subs
ecti
on(.
1).
(3)
Unt
ilde
te.r
min
3Jti
onol
fth
ecl
a'im
by(J1
eT
ribU
Jlai
l.o
rby
Lh:e
Hlg
thC
ourt
ona:
ppea
J.fr
omth
eT
ribu
nal,
appl
icat
ions
anre
spe
cto
fth
ela
nd
sub
ject
toth
ecl
aim
s!ha
llre
mai
nin
abey
ance
,(4
)W
her
eno
clai
mha
sb
een
:lod
ged
wit
hin
the
peri
odsp
eci
fioo
ill
subs
ecti
on(1
),an
yg
ran
tm
ade
un
der
this
Par
tco
nvey
sth
ele
gal
rig
ht
tous
ean
doc
eupy
vhe
1and
subj
ect
toan
yri
giht
sa
nad
vers
edl
laJ.
man
tm
ayha
veto
paym
ent
ofco
mpe
nsat
ion
for~awful
imp
rov
emen
tsm
ade
byh
imto
the
land
.24
,(1
)ll
he
pow
erto
gl~t
titl
eto
land
un
der
this
Pa
rtsh
ailil
be
exer
cise
dby
majority"~dsion
ofth
eU
rhan
.La
m.d
Com
m
itte
eh
avin
gju
nis:
clili
ctio
nun
til
such
tim
eas
any
oth
erlM
dau
tJho
-r1
tym
ayb
e,B
Stab
l:is!
hed.
: ..
(2)
Th
ere
shaM
bean
Urb
anL
,md
Com
mit
tee
for
C'<lJc
hu
rban
aroa
whi
!ch
Com
mit
tee
shaJ
llco~J.sto
f-
(a)
the
Prtin
cip-
alC
hie
Jhav
ing
juri
<;d
icti
on, a
s0l
131i
:rman
;(b
)th
eO
omm
issi
oner
or
his
auth
oris
edre
pre
sen
tati
ve;
(c)
the
Dis
tric
tA
dmin
istr
ator
,o
rwl1~re
aT
o,w
nC
lerk
has
bee
nap
poin
ted,
the
To'
wn
Cle
rkfo
rth
ere
lev
ant
UJ1b
anar
ea,
wlh
oSlh
all
be
the
secr
etar
yo
fth
eC
om
mit
tee;
(d)
thre
eot
iher
pers
oaliS
appo
inte
dby
the
Min
L'5:
ter.
(3)
Tlh:
cC
omm
issi
oner
shal
lcaus(~
tohe
pUbl
ishe
din
the
Gaz~tte
noti
fica
tion
Oif
the
com
posi
tion
of
Urb
anL
and
Oom
mit
te
e,.c
;.
(4)
Am
eeti
ng
ofan
Urb
anL
and
Com
mit
tee
Cvn
cern
euw
Hil
any:
appl
icat
ion
rela
tin
gto
la:u
dw
itlhi
nit
sju
riS<.
l.i0t
ioll,
sha.I
:J.b
e00
11
ven.
edby
the
secr
etar
yClJ
Sso
onas
prac
tica
ble
afte
rth
esp
eoif
iied
dat
efa
rth
elo
dgin
gof
appl
icaL
ions
,re
ferr
edto
inth
ead
vert
'ise
men
tno
tice
is,<;
uco
lIn
cl"
r~,
(\.(
'jj,
~1T"
l')
1",.
;nfh~
;n,,;+~""···
<-.--~-_.
trysh~
forw
ard
:yan
d,1J
na
ny
hiis
advi
ce
toth
eap
plic
atio
n,th
ete
lid.
er,b
efol~o:wed.
26,
(1)
Whe
re,
inre
spon
seto
anad
ver
tise
men
tno
tice
is
sued
unde
,rse
ctio
n21
,th
ere
iJsm
ore
than
on
eap
plic
atio
nin
:res
pect
O!f
any
ava:
ilab,
lela
nd
'and
ther
ear
en
og
rou
nd
so
rcO
Th9i
dera
li
ons
for
deci
ding
infa
vour
01[
any
on
eap
rpl1
i.can
t,tJh
eU
rlbM
Lan
dC
omm
itte
esh
aJIl
call
for
tend
ers,
(2)
Th
ese
cret
ary
of1l
h.eC
omm
ittJ
eesh
.all
oaU
JSe
ten
der
noti
ce
sto
be
pUbl
,islh
edin
tihe
Gaz
ette
ill1d
ina
nati
onal
ne,w
spap
erin
vi
ting
ten
der
sto
helo
dg,e
:cl w
itlh
him
.
(3)
As
soon
aspr
acti
cabl
eaf
ter
the
spec
ifie
dd
ate
refe
rred
to!i
nan
invi
tati
onto
ten
der
nob.
uce,
tlhe
Urb
anL
and
Com
mir
ttee
Shai
1lco
nsid
erth
ete
nder
s,
(4)
Wh.
ere
tend
el's
re~ate
toth
egr
anrt
00tH
iLe
tola
nd
for
com
mer
cial
or
ind
ust
rial
purp
oses
node
cisi
onsh
all
beta
ken
exce
ptaf
ter
refe
rral
ofth
eap
plic
atio
nto
the
Min
iste
rin
ac
cord
ance
wit
hse
ctio
n25
.
(5)
SU
bjec
tto
any
reg
ula
tio
nre
lati
ng1:
Jler
erto
the
Urb
anL
and
Com
mit
tee
shaJ
Jn
ot
bebo
und
toac
cept
1Jlre
high
est
or
any
tend
er.
27.
(1)
Wh
enev
era
deci
sion
tog
ran
tti
tle
tola
nd
un
der
this
Pa
rth
asb
een
take
n,th
ese
cret
a'ry
of~he
Urb
anL
and
Cor
nID
!i.tte
esh
iall
forw
ard
toth
eC
omm
is's
ione
ra
cert
inca
teto
that
ef
fect
inF
orm
"C3"
inti
le'1
'h:1
rdS
clle
dwle
and
shal
lat
the
sam
eti
me
issu
ea
copy
of
the
cert
ifka
t>e
toth
e'awli~ant.
(2)
Th
eC
omm
issi
one.
rsh
alll
ca'll
:Se
noti
ce00
'all
gra
nts
mad
eby
anU
rhan
Lan
dC
om
mit
tee
tob
ep
ub
lish
edin
l1he
Gaz
ette
and
ina
naU
onal
new
spap
'er,
and
sudh
noti
cesl
haH
,w
'het
Jher
by
refe
ren
ceto
the
'ad
ver
tise
men
tno
tice
,ilSl
Sued
un
der
sect
ion
21o
rto
fue
invi
1J
atio
nto
ten
der
no
tice
issu
edu
nd
erse
ctio
n22
or
othe
rwis
e,oo
nte
'lin
ad
escr
ipti
on
of
111e
:Lan
din
resp
ect
of
wru
dht'I
reg
ran
tsw
ere
mad
e, (3)
'I1he
Com
miS
lSio
ne,r
shaJ
1l.
uPon
rP'(
'P,i
viI
lHT
tlh
o""
,l.f
;.f!
; ""f~
20
lAn
dfo
rcommer<.'i~
or
ind
ustm
purp
oses
Com
pet1
t1on
betw
een
appl
ican
tB
Not
ice
ofde
ciS
ions
Fo
rm"C
3"T
hir
dS
ched
ule
A.
20o
f19
78
A.
12of
1967
, wu
e,o
fle
a'se
do
cum
ent
be
fore
tran
sact
ion
Rig
hts
(le
ssee
l'u
bll
.of ap
plic
and
acl
aim
s
Con
of
f:ap
pl
IS51
do<:
par
cas\
(1)
Ale
ssee
shal
lbe
en
titl
ed
-(a
)su
bje
ctto
any
st?'
uto
ryco
ndit
ions
or
oth
erco
ndi
tion
sat
tach
ing
toth
elle
ase,
toth
eex
clus
ive
pos
sess
ion
oft'h
ela
nd
leas
ed;
(b)
subj
ect
toob
ta'in
ing
the
cons
ent
ofth
eM
inis
ter
(i
)to
disp
ose
ofhi
sin
tere
st;
(iil
toen
cum
ber
the
lan
dle
aspr
lh
v",,,r+~~~~'
35.
PA
RT
IVL
ease
san
dli
cenc
es
32.
(1)
Whe
rea
per
son
tow
hom
secb
ions
30o
r31
appl
ies,
fail
sw
itho
utre
aJSo
nabl
eca
use
toco
mpl
yw
ith
the
sect
ion
wit
hin
the
tim
eal
low
edth
erei
n,
hes:h
:a1'l
forf
eit
his
titl
eto
the
land
.(2
)F
or
the
purp
oses
ofsu
bsec
tion
(ll
abse
nce
from
Les
otho
du
rin
gth
epe
riod
ofti
me
allo
wed
for
ali
appl
icat
ion
shal
lbe
dee
med
tob
ere
ason
able
caus
e,(3
)A
pers
onto
who
mse
cbio
n28
(1)
appl
ies
who
seti
tle
isfo
rfei
ted
pu
rsu
ant
tosu
bsec
tion
(1)
shaH
been
titl
edto
rece
ive
the
valu
e,as
asse
ssed
bya
Gov
ernm
ent
valu
er,
ofim
pro,
vem
ents
iaw
full
ym
ade
'by
him
onth
ela
nd
subj
ect
tofo
rfei
ture
.33
.(1
)T
heC
omm
issi
oner
shaM
caus
eto
bepU
blis
hedi
na
nati
onal
new
spap
erno
tice
ofap
plic
atio
nsfo
rle
ases
and
lice
nces
un
der
sect
ions
29,
30an
d31
whi
chno
tice
shal
lgi
veth
ena
mes
ofth
eap
plic
ants
and
anad
equa
tede
scri
ptio
nO'
fth
ela
ndto
whi
chth
eap
plic
atio
nsre
late
.(2
)S
ecti
on23
shaM
appl
yto
anad
vers
eol
-aim
ofti
tle
tola
ndaf
fect
edby
noti
ceun
de-r
subs
ecti
on(1
),
34.
Sav
eas
othe
rwis
epT
ovid
ed,
this
Par
tap
plie
sto
all
Ap
pll
cale
ases
and
lice
nces
,
(3)
Le,
ases
issu
edu
nd
erV
his
sect
ion
shal
lta
keef
fect
from
the
date
ofis
sue
exce
ptas
reg
ard
Uh
epe
rio,
dof
dura
tion
ofth
ele
ase
whi
chsh
all
bede
emed
toha
veco
mm
ence
don
the
com
-m
ence
men
tof
this
Act
.30
.(1
)W
hen
ever
faci
ilitie
sex
ist
inan
yar
e,a
for
the
issu
eIs
ofle
ases
or
lice
nces
crea
ted
un
der
sect
ion
28,
the
Com
mis
sion
erle
shal
lca
use
ano
tice
totJ
hat
effe
ctto
bepu
1}lis
hed
inth
eG
azet
ted
(
and
ther
eup
on
eve'
rype
l'son
inth
atar
eato
who
mse
ctio
n28
ap-
~~.pl
ies
Shal
l,w
ithi
nsi
xm
onth
sfr
omth
eda
teof
publ
icaH
ono
fth
eno
tice
, app
lyfo
rtJh
eis
sue
0,£
a.le
ase
or
lice
nce.
(2)
The
Com
mis
sion
e,r
may
,of
hiJS
own
mot
ion,
or
for
good
caus
esh
own
byan
a;pp
lica
nt,
exte
nd,tJ
hepe
riod
ofti
me
duri
ngw
hidh
anap
plic
atio
nis
tobe
mad
eu
nd
ersu
bsec
tLon
(1),
31.
Th
eC
omm
issi
oner
may
,by
noti
cein
wri
ting
,in
vite
any
pers
onto
who
mse
ctio
n28
appl
ies
toap
ply
for
the
issu
eof
ale
ase
or
lice
nce
wit
hin
ati
me
spec
ifie
din
the
noti
ce.
"
.....
r::
l':"
~ I •1 , ~:'t
,:!!t
__
_•~A.L.u~~
IVL
AN
DIN
un
nA
NA
ND
RU
RA
LA
RE
AS
, Co~v.er~~n
of28
.T
,itl
esto
rand
inu
rban
arel
as,
oth
er1t
han
land
pred
omi-
exIS
ting
titl
esna
ntly
used
for
agrk
UJ1
tura
ilpu
rpos
es,
l'aw
full
yh>
eld
byan
yp
ers
on
00
the
dat
eo
foo
mm
ence
men
to
fth
isA
ctsh
all
bed
eem
edto
be
conv
erte
d!in
tole
ases
.(2
)T
itle
sto
()jan
d.in
urb
anM
'eas
pl~d()lmina1lly
used
for
agri
cu
ltu
ral
purp
oses
,1aw
fully
held
byan
ype
rson
atth
ed
ate
of
oom
m
enoe
men
tQI
ft!h
:isA
ct
SIll'a
J1l
bed~'emed
tob
eco
nver
ted
into
hi
9€nc
es.
(3)
TJtlJ
e.sto
lan
din
rllI1
alar
eas
used
sole
lyfo
rre
slid
entru
all
purp
oses
laiw
fulil
yIh
eld
byan
ype
rson
atth
eda
teof
oom
men
ce
men
to
f th
isA
ctsh
alil
be
deem
edto
beco
nver
ted
inrto
leas
,es.
29
.(1
)W
hene
ver
ape
rson
tow
hom
sect
ivn
28
(1)
OJ'
(3)
appl
ies
isde
siro
uso
fg
ran
tin
go
rcr
eatt
ing
any
inte
rest
inth
ela
ndh
eld
byh
imo
rw
hene
ver
sect
ion
30o
r31
appl
lies
toth
atpe
rson
,h
esh
iali
lapp
lyto
the
Com
rniiS
s'lv'
ller
fVJ'
tlhe
issu
eof
ale
ase
and
Siha
lJlpr
oduc
ew
titih
his
app
lica
tio
n:-
(la)
evid
ence
1Jh!
ath
eis
qua:
l'if,i
edto
\hol
dla
nd
un
der
sec
tion
6;(b
)'a
deSc
rU.p
tion
of
t1l:e
ibou
nda;
ries
of
the
land
,inqu
es
tion
(by
mfe
ren.
ceto
apl
ano
rot
herw
\i.se
); a
nd
(c)
any
on
eor
f th
efo
lilow
ing
do
cum
ents
:-(t
)'a
reg
iste
red
oert
iflio
atte
ofti
tle
issu
edby
tlhe
Reg
istr
arof
Dee
dsu
nd
erth
eD
eeds
Reg
ilst
ryA
ct19
67;
(li.i)
are
gist
ered
deed
'Of t
ran
sfer
or
ace
rtif
,ied
oopy
ther
eofj
i :tJh
ere
gist
el'le
dde
edis
~ost;
('ili.
i)th
eO
I1ig
in.
or
,ace
rtJi.f
ied.
,y1J
hIeT
oolf
!ift1
he..
,al
is10
's-a
val!i
dce
.at
eo
fal
loca
-ti
on
''a
ndo
ran
ym
ent
Un
ola
.'a
cert
i.-fi
edco
pa
Oll'
ief's
.te
rk
ept
U1l
!th
e:(,
.and
Mt
19eV
liden
oing
,'
Ya1
1'oc
atio
nla
:
fun
ym
a;de
;(i
v)an
afif
idav
.itb
ytlh
eO
hief
or
otih
erp
rop
erau
tho
rity
that
the
appl
ican
t law
fUlli
yus
eso
roc
cupJ
esth
el1
and;
(v)
an,a
!ffi
dcw
itby
thr.
eepe
rSlO
llSre
sid
ent
for
over
30ye
a;rs
intih
elo
oaJ1
ityin
wh!
LCh
the
ian
dis
si
tuat
edto
tihe
effe
ctth
atiot
isto
thei
rpe
rson
alkn
owle
dge
th!a
;ith
eap
p'lk
ant
and
his
pred
eces
S
Ol'S
hJai
veb
een
occu
pyin
gan
dus
ing
the
lan
dfo
ra
per
ivd
afat
le-a
st30
year
s.(v
i)an
yot
'ller
off,
icia
ldo
cum
ent
eVlid
enci
ngth
atth
eap
plio
ant '
isin
'ra'Wif~oo
cupa
tion
orf t
he
lan
d.
(2)
Whe
re,
up
on
eX!a
min
atio
nof
the
docu
men
tspr
oduc
edun
ders
u:bs
ecti
on(1
),th
eC
omm
issl
iolll
eris
sati
sfie
do
fth
ebo
nati
des
of
tJhe
,ap
pl'
icn
,h
esh
al!l·
'So
iLnI
fiorm
Vhe
Min
iste
ran
d,sh
alJ
caus
ea
leas
eto
be
pre
par
edfo
ris
sue
totih
eap
plic
ant.
~\
Rig
hts
CYf
lice
nsee
, ~r"
.:1t7
•.;.
t..
nO
,nl'
r·lili
:!t·1·
_~';
~~t~,.,.-;>;
t,"I
t;'·
i~
-"1
~.
reat
ion
of!r
vitu
des
r1\!'
;:';P
~ ,I
~~
(2)
Not
witJ
hsta
ncl!
ing
lSub
sect
ion
(l)
(Ib)
nooo
ruse
ntsh
all
bere
qu
ired
toth
ele
ss-e
e's
disp
os'aJ
I.of
his
inte
I"es
tby
v.al
idw
ill
or
surr
end
erif
the
['eas
eis
inre
spec
t0
[lla
ndhe
ldfo
rre
slid
enti
alo
rcq
mm
erci
alo
rin
dust
r1al
l pur
pos-
eson
ly.
"""
(3)
Intlh
eev
ent
ofa
less
eedy
ing
inte
stat
e-
(la)
wih
ere
the
less
eequ
aIH
fies
,tlhe
.reun
der
tlhe
disp
osi
tion
ofhd
.ses
tate
shal
lbe
gove
rned
byth
ew
ritt
en.r"
fla
wre
lati
ngto
succ
essi
on.;
or(b
)w
here
the
'less
'ee
does
not
qual
ify
U!I1
der
para
grap
h(ia
) ,se
ctio
n8
(2)
and
(3)
sih!
aJH
appl
yas
if'h
ew
ere
anal
lott
eean
dth
eC
omm
issi
oner
shal
lth
ereu
pon
requ
est
uhe
Reg
istr
arof
Dee
dsto
endo
rse
'any
re
gist
ered
leas
e0,
1'o1
fu:e
rre
l51i
ster
eddo
cum
ent
ofti
tle
acco
rdin
glly
.(4
)N
OltJ
hing
inth
iss'o
otio
nsh
all
beco
nstr
ued
asaf
fect
ing
sect
ion
42o
rth
eco
mpu
lsor
ysa
leun
der
any
law
or
bya
mor
tgag
eeof
land
. hei
ld. u
nd
er<l.
le·a
se.
36.
(1)
Wlh
ere
1:Jhe
cons
ent
O'f t
heM
inis
ter
isre
quir
edun
der
sect
ion
35,
suah
cons
ent S
hail
l not
beun
reas
onab
lyw
ithlh
e'ld
.(2
)C
ons.
ent
may
begi
ven
spec
ifio
aUy
inw
riti
ngo
rge
nera
Ji-
ly.
(3)
Whe
reco
nsen
.tis
giv
en
-(a
)sp
ecif
icaJ
1ly,
itm
aybe
give
nsu
bjeo
tto
term
san
dco
ndit
ions
i!fin
the
Min
iste
r's
opin
ion
undu
esp
ecu
llClit
ion
inan
ytJ
ians
acti
ooin
land
Wi~l
occu
r;an
d.(b
)ge
ne,m
lly,
the
OQ
l!llm
i'Ss'i
oner
shaa
l,by
noti
oein
the
Gaz
ette
,pU
ibH
SIh
the
term
san
dco
ndi1
:Ji.o
nsun
der
Whi
choh
ege
ner;a
Jlco
nsen
t is
give
n.(4
)N
o'C
ons-
ent
shal
[be
give
nto
any
tI"aJ
IlS,a
ctio
nby
apa
ra
stat
alor~a.riisation
upon
whi
ch"a
noti
cern
wri
ting
has
been
ser
ved
byth
eC
omm
issi
oner
unde
r_se
ctio
n77
inre
spec
tof
tlhe
lJan
din
volv
edin
that
tran
sact
ion.
/
(5)
Any
tr-an
sact
!i.on
cond
ucte
dby
ale
ssee
wit
hout
the
con
sen
tot
fth
eM
inis
ter
or
cont
mry
totJh
ete
nn
san
dco
ndit
ions
ofa
gene
:ral
cons
ent
shal
lbe
of
noef
f:ect
.37
.(1
)W
her
ea
l!ess
eeW
ishe
sto
enjo
yth
ebe
nefi
tof
ase
l"V
lirtu
de- ('a
)o
ver
lan
dw
1hid
his
nort
the
subj
ect
O'f a
leas
e;(b
)oI
Ver
land
subj
ect t
oa
l€1a
s'e;
the
less
ee,
intih
efi
rst
case
and.
tJhe
less
ees
intJh
es'e
cond
case
,sh
aH. a
pply
toth
eM
inis
ter
for
the
crea
tion
ofa
serv
itud
e.(2
)W
her
eth
eM
ini'S
ter
aHo-
ws
t!he
crea
tion
of
as-
erv-
itude
,an
dh
esh
alltl
not
refu
seun
reas
onah
ly,
hem
ayat
tach
suoh
cond
iti
ons
toit
ash
em
ay.t
hink
fit.
(3)
Ase
rvit
ude
crea
ted
un
der
this
sect
ion
Siha
ll.aJ
1:.ta
ahto
tihe
lan
dile
aS'ed
for
the
dura
tion
ofth
ein
tere
stof
the
less
eein
w(h
ose
favo
urth
ese
.rvi
tude
iscr
eate
d,un
Jess
earl
ier
term
inat
edby
the
Minisf:1f',r~th
i"r'l·i<,,,.,.n.+;~~
(4)
'J1he
,iIlJ
stru
men
tcr
eaJt
ing
the
serv
itud
esh
all
bepr
epa'
Ted
atth
ein
stan
ceof
the
iless
eein
who
sefa
vour
the
serv
itud
eis
crea
te
db
ut
slhJa
llb
eex
ecut
edby
the
Com
mis
sion
eron
belh
ali
offu
eM
inIi
ster
and
aco
pyth
ereo
fsh
aHbe
reta
ined
byth
eC
omm
is-
sion
er.
38.
(1)
AH
cenc
esh
iaJll
enti
tle
tlhe
lice
nsee
toUS
ieor
tous
ean
doo
oupy
land
for
the
purp
olse
and
unde
r_c
ondi
tions
spec
ifie
din
the
lJic
ence
and
s,h.a
llbe
subj
:ect
tote
rmin
atio
non
thre
em
onth
s'no
tice
. (2)
Ali
cens
eesth
aJ1l
not
been
titl
edto
(a
)di
spos
eof
his
inte
rest
;(b
)cr
e<l.t
ele
sser
inte
rest
sin
orov
er,
or
burd
en,
the
land
subj
ect
to1J
hehc
ence
;(c
)m
ake
alte
rart
ions
and
impr
ovem
ents
onth
ela
ndsu
bje
ctto
the
lice
nce
exce
ptw
here
othe
rwis
eex
pres
sly
spec
if'i'
edin
U1e
Lic
ence
;(d
)dl
aim
any
com
pens
atio
nfo
ran
yal
tem
bion
san
dim
pr
oVle
men
tsm
ade
or
for
any
expe
nses
incu
rred
byhi
mon
the
land
.(3
)L
icen
oes
s'h:
a~l
not
requ
ire
regi
stra
tion
unde
rth
eD
eeds
A.
12.
196
Reg
istr
yA
ct19
67.
39.
(1)
Ale
ase
slha
llno
tbe
gran
ted
for
ate
rmex
ceed
!ing
-T
erm
sof
.le
ases
(a)
90ye
ars,
whe
reth
ele
aseIS
-
(i)
Iv,.'
resi
dent
ial
purp
oses
;(,t
i)fo
rpu
rpos
eso
fex
erci
sing
,apr
o:fe
i5Si
onor
caill
1:in
g;(iH
)fo
ran
yde
votio
lllaJ
.,re
ligi
ous,
bene
vole
nt,
edu
cati
onal
,re
'cre
atio
nal,
ohar
itab
lean
dm
edio
a:l
purp
oses
;(b
)60
year
s,w
here
tfuc
leas
e,is
-('i
)fu
rhe
avy
indU
Istri
all p
Ul"P
O'S
es;
(ll)
for
com
mer
diaa
or
ligh
tin
dust
riai
lpu
rpos
es(o
ther
than
the
salle
o'fpe
trol
eum
byre
tail
);(U
i)£0
0'ho
tel p
urpo
ses;
(c)
30ye
ars,
whe
retih
ele
ase
is(1
)fo
rpu
rpos
esof
sale
sof
petr
dleu
rno
roi
ll;(1
)fo
rpu
rpos
esof
who
lesC
lile
stor
age
ofpe
trol
eum
or
oil;
(2)
No
leas
esh
all
begr
ante
dfo
ra
term
ofle
ssth
an10
year
s. 40.
(1)
Sub
ject
tosu
bsec
tion
(2)
ever
y:le
ase
otJh
ertJh
Jan
anS
tatu
tory
~g.r
.iCU
J1~u
raJ.
leas
~an
da
leas
eis
sued
un
der
sect
ion
61(1
)S!h
!al!1.
be
con
dit
ion
s
Dev
elop
men
1of
land
form
erly
used
for'
purp
oses
oth
erth
anag
rieu
ltur
e
, r , I I\~
r.1.II
...I
:i·
f....h.·~/;
jvar
iati
onof
Ileas
es!-
.
.~h!'s'~.~
t~~l
f::'
ferm
inat
ion
Ifle
ases
~(,
ltt:.l
,·,
~~•.. '
11 I,'
,I
I,
.I
j I.
_if~l:t~t
.fc.?d~,.
I i ''('~tAi~,
';~~'*'f:1~'
tdJj"~
a~';'"
(2)
Wh
ere
the
less
eeis
aC
omm
onw
ealt
hor
For
eign
Gov
ern
men
to
ran
inte
rnat
ion
alor
gani
sati
onan
da
stat
uto
ryco
ndit
ion
isin
cons
iste
nto
rin
copa
tibl
ew
ith
any
agre
emen
tw
ith
such
Gov
ern
men
to
ror
gani
sati
on,
that
cond
itio
nsh
all
not
appl
y...'
: ..
(3)
Ale
ase
may
incl
ude
such
oth
erco
ndit
ions
asth
.eM
ini
ster
may
dire
ct.
41
..(1
)W
her
ea
leas
eha
sbe
engr
ante
do
ris
sued
for
asp
eci
fic
pu
rpo
sean
dth
ele
ssee
wis
hes
toco
nver
tth
epu
rpos
eto
anot
/hel
rw
hiia
his
cons
'iste
ntw
ith
phys
iccd
or
tow
nan
dco
untr
ypl
anni
ngin
rel:
atio
nto
the
area
inw
hich
the
land
subj
ect
toth
ele
ase
issi
tuat
ed,
hem
ayap
ply
toth
eM
ints
ter
for
ava
:ria
tion
ofth
ele
ase
acco
rdin
gly.
(2)
Th
eM
inis
ter
may
.agr
e·e
toth
eva
riat
ion
onsu
mte
rms
and
cond
itio
nsas
heth
inks
fit,
bu
tno
leas
eso
vari
edsh
ail~
exte
ndfa
ra
term
exce
edin
gin
aggr
egat
eth
atap
prop
riat
eto
the
purp
ose
toW
hich
itis
conv
erte
d.
(3)
Any
v.ar
iati
onof
ale
ase
un
der
this
sect
ion
shal
lbe
evi
denc
edby
ado
cum
ent
whi
dhm
aybe
anan
nexu
reto
the
orig
inal
leas
eo
ra
new
leas
eas
the
Com
ni.is
sion
erm
ayde
emap
pro
pri
ate
and
sh.a
libe
sub
ject
tosu
chst
-am
pdu
tyas
may
bepa
yab[
eon
the
leas
eas
vaI1
ied
and
tore
gis
trat
ion
inth
eD
eeds
Reg
istr
y.42
.(1
)A
leas
em
aybe
term
inat
edby
the
Min
iste
rby
giv
ing
atle
ast
one
mo
nth
'sw
ritt
enno
tice
toth
ele
ssee
w\h('.~
the
les
see
isin
bre
aoh
ofan
yco
ndit
ions
ofth
ele
ase
and
has
fail
edto
com
ply
witJ
h,a
wri
tten
noti
cefr
omth
eC
omm
issi
oner
call1
ing
upon
him
tore
med
yth
ebr
e-ac
hw
i1Jh
ina
reas
ona'
bIe
spec
ifie
dpe
riod
oftim
e.'
• ,"(2
)N
otic
eof
term
inat
ion
ofth
ele
ase
shal
lbe
serv
edby
the
Commlssioner~pon
the
less
eE!,.
the
sub-
less
ee(w
here
the
who
leof
the
less
eeJ,
g:' i
nte
rest
has
been
suba
etto
one
suM
.ess
ee)
and
toan
ym
ortg
agee
.(3
)T
hem
ort
gag
eeof
ale
e-se
subj
ect
tote
rmin
atio
nu
nd
ertlh
isse
ctio
nsh
all
have
the
rig
ht
tode
man
dbh
esa
ileof
the
less
ee's
inte
rest
and,
ifh
ew
ishe
sto
ex-e
rcis
eth
isri
giht
shal
ll,up
onre
ceip
to
fth
eno
tice
ofte
rmin
atio
n,so
info
rmth
eM
inis
ter
inw
riti
ngb
efo
reth
ete
rmin
atio
nd
ate
spec
ifie
din
the
noti
ce.
(4)
Sub
ject
toan
ym
ortg
agee
exer
cisi
nghi
sri
gh
tof
sale
un
der
sub-
sect
ion
(3),
the
sub-
less
ee,
who
has
no
tco
ndon
edo
rb
een
ap
arty
toth
ebr
el(w
ho
fco
ndit
ions
refe
rred
toin
subs
ecti
on(1
)an
dw
hois
wil
Hng
toac
quir
eth
ele
ssee
'sin
tere
stat
t1he
valu
eas
sess
edu
nd
ersu
bsec
tion
(7)
shal
t,be
fore
tJhe
dat
esp
eioi
fied
for
;ter
min
atio
no
ltlh
ele
ase
appl
yto
the
Min
1ist
erfo
rth
etr
ansf
ero
fth
ele
ssee
'sin
tere
stto
him
.(5
)W
her
ea
leas
eis
sold
pu
rsu
ant
to.
subs
ecti
on(3
)o
rw
he:r
ea
sub-
Iess
ee's
appl
icat
ion
for
t'he
tran
sfer
ofa
leas
eu
nd
ersu
bsec
tion
(4)
has
bee
nap
prov
edby
1Jhe
Min
iste
r,tJh
ep
urc
has
ero
rsu
b-le
ssee
,as
the
case
may
be,
shal
lil.
fort
Jhw
ith
succ
eed
totJh
ele
ase
wit
ho
ut
any
conv
eyan
ce,
assi
gnm
ent
or
tran
sfer
save
that
the
Com
mis
sion
ersh
all
pre
par
ean
dex
ecut
ea
deed
evid
enci
ngth
etr
ansm
issi
on
ofth
ele
ase
toth
epu
rcha
ser
or
sub-
lp.s
spp
:ln
rl
shai
lloa
use
the
sam
eto
bere
gis
tere
dan
d.t
heon
igin
ail
leas
eto
be
endo
rsed
as"t
ran
smit
ted
byop
erat
ion
ofla
w"
byth
eR
egis
trar
.(6
)W
here
nop
nrd
has
ero
rsu
bles
see
succ
eeds
toth
ele
ase
and
_th.e
'lte,
ase
isac
cord
ingl
yte
rmin
ated
,1J
hele
ss'e
e's
inte
rest
inth
ela
ndsh
ailil
rev,
ert
totJh
eS
tate
.(7
)S
ubje
ctto
any
clai
mby
am
ortg
agee
,th
el1
.ess
eeW
hose
leas
eis
term
inat
edu
nd
erth
isse
ctio
nsh
all
been
t1tl
edto
rece
ive
the
vcrl.
ue,
asas
sess
edby
aG
over
nmen
tw
ll1ue
r,of
impr
ovem
en.t
sIla
wfU
'Hy
mad
eby
him
ontJh
ella
ndle
a'se
d.(8
)W
here
1Jhe
reis
adi
sput
ere
gar
din
gtlh
eva
lue
ofim
prov
em
ents
mad
e,su
ahdi
sput
esh
laJH
bede
te-r
min
edby
the
Tri
bu
nal
who
sede
cisi
ons1
h!a!l
l be
fina
tl.43
.A
[1ce
nce
may
bete
rmIi
nate
dby
the
Com
mis
sion
erse
rv-
Ter
min
atio
:in
gup
onth
elk
ense
eat
leas
tth
ree
mon
th's
noti
ceo
fte
rmin
atio
n.of
lice
nces
PA
RT
VS
elec
ted
deve
lopm
ent
and
sele
cted
agri
cult
ural
area
s
44.
Whe
tl'e
itap
pea'
rsto
the"
Mill
'15t
erin
1Jhe
puM
I 1cin
tere
stS
elec
ted
soto
dofo
rpU
Jpos
esol
fse
lect
edde
velo
pmen
t,th
eM
inis
ter
maY
l\de
velo
pmen
bynO
it1ce
intJh
eG
azet
ted
edar
e,a
nyar
eaof
land
tobe
ase
lect
edar
eas
deve
lopm
ent
area
and
,1J
he-:r
eupo
Il,ail
llti
tles
tola
nd
wit
hin
the
a·re
as·h
JailJ
beex
tJing
uisJ
he'C
lb
ut
sub
stit
ute
righ
tsm
aybe
graI
llte
das
PI'?.
.v_
//__
vide
du
nd
ertlh
isP
art.+~~t:e6'b1-
i.d
iLr-e/B.V~~
ex....
45.
(1)
Wlh
ere
the
sele
cted
de~o
pmen
tam
aco
nsis
tsw
hol-
Dev
elop
men
iy0·.
1'p
artl
yod
' agr
iOU
llJtu
raJ
l,and
o,1J
her
th'a
nla
ndw
i1Jh
ina
sele
cted
ofla
ndag
lric
ultu
I"al
area
,li
cens
ees
or
aJlo
ttee
sof
such
agrt
cwtu
ral
lan
dfOd~rlY
shal
Ia.
bede
emed
toha
vere
ceiv
edth
ree
mon
ths'
noti
ceof
term
ina-
~:~i
cuf~
reti
onod
' tih
ei.r
[Iic
enae
so
rof
revo
cati
onof
fuei
ral
iloc·
atio
ns,
asth
eca
sem
aybe
,be
ginn
ing
fro
mth
ed
ate
ofpu
blic
atio
nin
the
Gaz
ette
ofth
eno
tice
refe
rred
toin
sect
ion
44.
(2)
Wlh
ere
th-e
sele
cted
der
elo
pm
ent
area
cons
ists
Who
l!ly
or
par:t
Jly
ofag
riJc
ultu
raJ.
lan
dw
itJhi
na
seile
·ate
dag
J.1i
ooltu
:ml
a:re
a,le
sse
eso
fsu
ahla
nds'
hail
~be
deem
€dto
have
reoe
ived
thre
em
ont:h
.s'
noti
ceo
fte
I1m
inaJ
1Jio
nof
tJhe
irle
ases
asin
suhs
e'C1!
ion
(1)
and
Siha
:l!lbe
entl:
:itle
dt'O
com
pens
atio
nfO
lrm
ylo
ssin
curr
edth
r:ou
ghb
ein
gde
prti
ved
offu
'eir
l'and
.46
.(1
)S
ubje
ctto
subr
e·ot
ioo
(2)
and
tose
.ctJ
ion
47,
Whe
r:etlh
ese
lect
edde
velo
pmen
tar
eaco
nsis
tsW
\lroi
llyo
rpa
rtil
yOi
f:L
and
used
foc
pu.r:
pos'e
Sot
lher
than
aglr
icul
ture
,le
ssee
san
dai
lilot
tees
· Olf
suah
lan
dSh
'aill
been
titl
edto
be
offe
,red
inex
chan
geby
the
Min
ist
er~OOiSes
wiJ
thIin
the
sele
cted
deve
lopm
eIll
tar
ea,
fur
tJhe
sam
epu
rpos
esas
tJ11o
s'8fo
,rwI
hJiJa
llth
eypr
evio
usly
hel
dtJh
ela
nd,
Olf
tJhe
sam
ep
lot
wJt1
ho
rw
itho
utam
end
men
tof
the
orig
inal
boun
dari
esth
ereo
tf,if
thii.s
isco
nsis
tent
witl
htih
ede
ve1l
opm
eIlit
sah~me,
or
of
any
oth
erp
lot.
(2)
Wlh
e,re
tJh:e
deve
Qop
men
tsa
hem
eis
such
asn
ot
top
erm
itth
eg
mn
to
fa
leas
efo
rt1
hepu
rpos
efo
rw
hicl
1th
ele
ssee
or
allo
ttee
form
emy
he[d
tlhe
rand
,t1
hele
ssee
or
aUot
tee
Sha
llha
veth
'eop
tion
eith
erod
:ac
cenN
IJ1P
':l
nl,,1
!-fA
T"
'>n
u~n~
~£
-.,,-----
~..
-•
Set
tJas
ldt
fon
publ
purj
:
Cor
nti
on
Cer
tse
cti
Pa11
appl
V'-
J.'
-"...
....V
.l..
l.J.
...J..~
...."'J
.v....
J,."
-'.L
...v
......
....n
.'-'
.....u
....
J..V
.1.L
J.a.
.L....
.lJ.'t
;"..
....
.\04
..1..
....
....
_..
.
Lan
dre
qu
ired
for
publ
icpu
rpos
es
54.
(1)
Whe
neve
rit
isne
cess
ary
inth
epu
blic
inte
rest
tose
tas
ide
for
publ
icpu
rpos
esla
ndhe
ldu
nd
era
lera
se,
the
Min
iste
r,af
ter
cons
UJ1
taJt
ion
wit
hth
eP
rinc
ipal
Chi
efha
ving
juri
sdic
tion
and
upon
obta
inin
gth
eK
ing'
sas
sent
,s'h
a[l
decl
are
the
land
tobe
sore
quir
ed.
(2)
Not
ice
o!f
ade
clar
atio
nby
the
Min
iste
ru
nd
ersu
bsec
tion
(1)
(in
this
Bar
tre
ferr
edto
asa
decl
arat
ion
noti
ce)
shal
lbe
give
nby
tJhe
Min
ist'e
rin
the
Gaz
ette
and
shal
lco
ntai
nth
efo
now
ing
par
ticu
lars
-(a
)th
cn
ame
ofth
ele
ssee
or
less
ees,
inw
hose
nam
eth
ele
ase
ofth
ere
qu
ired
land
isre
gist
ered
;(b
)a
desc
ript
ion
ofth
ela
ndan
dit
slo
cati
onsp
ecif
ying
(by
refe
ren
ccto
apl
,an
or
othe
rwis
e)it
sbo
unda
ries
and
exte
nt;
(c)
the
gen
eral
nat
ure
ofth
epu
rpos
efo
rw
hich
the
land
isre
quir
ed;
PA
RT
VI
"'....
.J:
"....
....l:"~
....-
JJJ
·pre~cribed.
(2)
Inco
nsid
erin
gap
plic
atio
nsfo
rle
ases
ofla
ndw
ithi
na
sffi
ecte
dag
ricu
ltur
alar
ea,
the
Min
iste
rsh
aill
pay
the
fore
mos
tco
nsid
erat
ion
toap
plic
atio
nsby
prev
ious
allo
ttee
so
rli
cens
ees
ofL
and
wit
hin
the
area
and
whe
rean
ysu
c;h
appl
icat
ion
isre
fuse
d,sh
alll
stat
ehi
sre
ason
sfo
rre
fuS'
al.
52.
(1)
Sec
tion
s21
and
22sh
all
appl
yto
land
(oth
erth
an}a
ndto
wlh
idh
1:!it
leis
gra
nte
din
subs
titu
tion
ofex
isti
ngrig
1hts
)av
aillJ
able
for
gra
nts
ofti
tle
wiH
lin
ase
lect
edde
velo
pmen
tar
eao
ra
sele
cted
agri
cult
uraJ
.ar
ea,
unle
ss,
inth
ela
tter
case
,th
eM
ini
ster
deoi
des
'obh
el'w
ise.
(2)
Sub
ject
tosu
bsec
tion
(3),
sect
ion
26,
Whi
chre
late
dto
the
ten
der
proc
edur
e,sh
al[
also
appl
ym
uta
tis
mut
andi
s,th
ede
ci
sion
toca
tllfo
r,an
dth
eco
nsid
erat
ion
of,
tend
ers
bein
gm
ade
byth
eM
inis
ter
inth
eca
seof
land
wit
hin
ase
lect
edde
velo
pmen
tar
eao
rby
the
Min
iste
raf
ter
cons
ulLC
litio
nw
ith
the
Min
iste
rre
spo
nsiJ
jle
for
Agr
icul
ture
inth
eca
seof
land
witb
Jin
ase
lect
edag
ricu
ltur
alar
ea,
and
the
invi
tati
onfo
r,an
dth
elo
dgin
gof
tend
ers,
bein
gby
and
wi:b
htJh
eC
omm
issi
oner
.(3
)N
otw
iths
tand
ing
subs
ecti
on(2
),th
eM
inis
ter
orth
eM
ini5
ier
afte
rco
nsul
tati
onw
ith
the
Min
iste
rre
spon
sibl
efo
rA
gri
cult
ure,
asth
eca
sem
aybe
,~nay
gra
nt
leas
esto
any
pers
onw
ith
out
adop
ting
tlhe
ten
der
proc
edur
e.
53.
(1)
No
compens~tion
for
loss
ofti
tle
tola
nd
shal
lbe
paya
ble
un
der
this
Par
tex
cept
whe
reso
expr
essl
ypr
ovid
ed.
(2)
Com
pens
'ati
on,
whe
repa
yabl
e,sh
all
beca
lcul
ated
inac
co
rdan
cew
ith
sed
ion
56.
....
..,
.._.
......
....,"
'"...
,.4~v""'\.£,V..l
....
47.
Wih
ere
ade
vclo
pmen
tsa
hem
ew
ithi
na
sele
cted
deve
lop
men
tar
eade
sCIi
tbed
inse
ctio
n46
(1)
isto
hesp
onso
red
and
oper
ate
dw
lhoa
lyo
rp
artl
yby
ape
rson
otlh
erth
anth
eS
tate
or
apa
ra
stab
aloo
gani
Slat
ion,
the
Min
iste
rm
ayg
ran
tto
tlhat
pers
ona
leas
eOl
ftlh
ew
oo}e
or
par
tof
tJhe
area
,as
the
case
may
be,
subj
ect
toth~
cond
iJtio
nth
Jat-
(a)
the
deve
lope
rsh
alll,
whe
respecifica~ly
dire
cted
byth
eM
linis
rter,
mak
epr
ovis
ion
un
der
tih:e
sche
me
fo
r-
(i)
\Sub
divi
sion
of
the
land
;(i
i)th
etr
ansf
erto
afo
rmer
less
e,e
or
alJlo
1Jte
,e,on
term
sto
beap
prov
edby
bhe
Min
iste
r,of
his
Qnt
eres
tin
any
SiUb~clivision
prev
ious
lyhe
ldby
such
form
erle
ssee
or
al1l
ort1
'ee;
and
(iIH
)su
bje
ctto
Ithe
pri
or
righ
tsof
form
erle
ssee
san
dal
lott
ees,
subl
eaB
eso
rtra
n:.s
d'er
sof
his
inte
rest
inO
/ther
subd
ivis
ions
too,
tiher
pers
ons;
(rh)
Iifth
ede
velo
per
fail
sto
prov
,ide
surb
stiJ
tute
righ
tsto
·afo
rmer
less
'ee
or
a!lil
otte
e,he
shal
lpa
yco
mpe
nsa
tion
tosu
chfo
rmer
less
eeo
ral
lott
ee.
48.
(1)
Wlh
ere
the
Vla
lue
ofth
ede
velo
pmen
tpl
otO
lff'er
edin
ex:d
hang
eto
afo
rune
-rle
stSe
eo
rfo
rmer
allo
ttee
ishl
igJ1
ertJh
lan
the
'va:
lue
oftlh
epl
otpr
evio
J1l!s
lyh
eld
by
him
,h
esh
all
been
titl
edto
are
duct
1ion
inp
aym
ent
for
the
p!lo
rtof
fere
din
excl
1ang
e,o:
fa
sum
equ
ival
ent
toth
eW
llue
ofth
epl
otw
ih!ic
nhe
had
held
.(2
)A
less
eeo
rai
lJI9;
ttee
sihJa
Jllna
tbe
boun
dto
acce
ptin
ex
c;ha
nge
ap
lot
the
devr
eloP
ooV
Ialu
eo
fw
rhi:a
his
less
tlhan
the
vaJl
ueo
fth
ep
lot
form
'el1
lyhe
Jld
byhi
m,
and
may
olai
mco
mpe
nsat
ion
inH
eu~t
wh
ereh~
does
'so
CliC
Cept,
hesh
all
been
bitl
edto
rece
ive
pay
men
tof
the
diff
eren
cein
vallu
ebe
twee
nth
epl
lQlts
.
'11
Dev
elop
men
tby
priv
ate
deve
lope
l'
Pay
men
tby
less
ee-g
ive
nsu
bst
itu
teri
ghts
Ft·..
:,.-
i~: I I It ". i.
·1.
·,.
Tit
les
tob
e49
.Titl~s
to1a
ndw,
iJt:Jh
ina
s'ele
ct'e
dde
velo
pmen
tar
easl
hall
b.yle
ase
or
beg
ran
ted
by1J
heM
inis
ter.
and
SihJa:
lJlb
eev
iden
ced
bya
leas
e()
II'
hee.
nee
~iioonce
whi
chslh
Ja:l1
hepr
ep~'
~dby
bhe
com
m.i
ssio
nera~execut~
III
the
man
ner
p,:r:
escr
l.i!b
ed.--'b~
eo,..r-~('l..v
w.-c
Ie¥i
=I,
',.,
I"
tu--
toad
?~U-~YI;
.~~
~j!~
'ral
50.
.Wh
ere
itap
pe(!
JI'sn~eJSSary
for
the
evel
opm
ent
ofag
n-
area
1;'~
"·cu
ltu
re~o.
todo
,tih
e~nistJer,
aGti;
agY
flOR
tHe
F8oomn:eR~8lt16H
/'_
""1
,t/
ofth
eM
HllI
:Stc
rpe
spon
sibl
eFo
rl..
.gFlB
l:Il}
;tHre
,m
ay,
byno
tIce
Inth
e~
UV
j"f3
1.f1
,''j
poG
azet
ted
ecla
rean
yar
eaof
agri
cult
ura
lla
ndto
bea
sele
cted
wTf
r--f!:!
Icag
ricu
ltu
ral
area
and,
ther
eupo
n,an
yal
loca
tion
or
lice
nce
inre
sU).e~~+~
pec
tof
such
agri
cult
ura
lla
ndsh
all
bede
f;m
edto
have
bee
nre
vo
~::"
yt',r
h.ke
do
rte
rmin
ated
onth
ree
mon
ths'
noti
ceb
egin
nin
gfr
omth
e~'''"nu",\j~
caS
dat
eof
pUblicati~n
inth
eG
azet
teof
the
decl
arat
ion
noti
ce.
'1~c
.T
itle
('w
i€h
in51
.(1
)T
Itle
to~a
ndw
itilii
na
sele
cted
agri
cult
ural
area
Ia
s~lected
Shi
al[
be
gra
nte
dby
the
Min
iste
ral
fter
cons
ulta
tion
wit
hth
eAi.
,,~culturacl
MiH
i'ste
.FFe6flons~'1e
fOF
l\g
rieu
ltm
ean
dsh
aHbe
ev.id
ence
dby
a,
leas
ew
ru.C
hslh
aIN
bes'U
bjec
tto
suah
cond
liti
ons
and
for
such
pe-
r_~
~S~_
~:;:~_~~O--L!odI-o~~
Whe
rela
lpa
rtCY
fgr
eate
rla
who
lem
aJse
tas
ide
Pre
fere
nce
depr
ived
less
ee
Lan
dus
ed1
Sta
tede
emE
toha
vebe
e:se
tas
ide
for
publ
icpu
rpos
es
Ten
nina
tion
ofus
eof
land
for
publ
icpU
l'pO
Ses
vv.
tl)
Whe
reth
ela
ndre
qUir
edto
bese
tas
ide
for
publ
icpu
rpos
esis
par
tof
gre
ater
land
held
bytJh
ele
ssee
and
the
par
tre
mai
ning
toth
ele
ssee
isle
ssth
an50
0sq
uare
met
res,
hem
ay,
witJ
hin
am
onth
from
the
date
ofpu
blic
atio
nin
the
Gaz
ette
ofth
ede
clar
atio
nno
tice
serv
eno
tice
upon
the
Min
iste
rre
quir
ing
the
Min
iste
rto
set
asid
etJh
ew
hole
ofth
e1'
and
leas
edby
him
and
upon
sobe
ing
serv
ed,
the
Min
iste
rsh
all
set
asid
eth
ew
hole
ofth
ela
ndan
dsl
hall
amen
dth
ede
clar
atio
nno
tice
acco
rdin
gly.
(2)
Not
wit
hsta
ndin
gan
yam
endm
ent
un
der
subs
ecti
on(1
)th
eno
tice
ofde
clar
atio
nsh
all
have
effe
ctas
from
the
date
ofit
sor
igin
all
publ
lca'
tion
.
60.
1~he
form
erle
ssee
ofla
ndse
tas
!ide
for
publ
icpu
rpos
ess'
hall
been
titl
edto
fore
mos
tco
nsid
erat
ion
upon
any
appl
icat
ion
hem
aym
ake
for
ag
ran
tof
titl
ein
repl
acem
ent
ofbh
atfo
rmer
lyhe
ld.
PA
RT
VII
Lan
d.T
rib
un
al
61.
(1)
Whe
reth
epu
rpos
esfo
rw
hich
land
isse
tas
ide
Gra
ntin
g0
un
der
bhis
Par
tar
eth
ose
ofa
10cC
Llau
thor
ity
or
ofa
stat
utor
yco
r-le
ases
ovez
pora
tion
the
Min
iste
rm
ayis
sue
ale
ase
or
lice
nce
toth
atau
thoI
'ity
[laz:.
ddse
td
t·d
1.
dh
111b
as)
eun
eo
rco
rpor
aIO
nan
aea
seso
ISsu
es
a 'e
-th
isP
art
(a)
for
ate
rmno
tex
ceed
ing
90ye
ars;
(b)
subj
ect
tosu
chte
rms
and
cond
itio
nsas
the
Min
iste
rm
ayth
ink
fit
whi
chco
ndit
ions
shal
lno
tin
clud
est
atu
tory
cond
itio
nsun
less
thes
ear
eex
pres
sly
incl
ude
din
the
leas
e.(2
)W
here
land
is,
atth
eco
mm
ence
men
t0'£
this
Act
,be
ing
used
for
publ
icpu
rpos
esby
ast
atut
ory
corp
orat
ion,
subs
ecti
on(1
)St
hall
appl
y.
62.
All
land
,O'
1IDe
rth
anla
ndto
w'h
idh
titl
eis
helld
bya
per
son
obhe
rth
anbh
eS
tate
,us
edan
doc
cupi
edby
the
Sta
teon
tJhe
com
men
cem
ent
o,f
this
Act
shaH
bede
emed
toha
vebe
ense
tas
ide
fOIl'
puJ)
licpu
rpos
esun
de.r
1Jhi
sA
ct,
and
anen
dors
emen
tto
th3i
tef
fect
s:ha
llbe
mad
eby
the
Reg
istm
ron
any
deed
rell
atin
gto
such
lan
dw
'hid
hm
ayha
vebe
enre
gist
ered
inth
ena
me
ofth
ego
vern
m
ent,
or
ofa
Min
istr
y,d
epar
tmen
to
rag
ency
ofth
ego
vern
men
t,o
r0I
fan
ype
rson
acti
ngfo
ran
don
beha
lfof
the
gove
rnm
ent.
63.
Whe
rela
ndw
hich
has
been
decl
ared
tobe
req
uir
edfo
rpu
blic
purp
oses
un
der
this
Par
tce
ases
tobe
sore
qUiir
ed,
tlhe
Min
iste
r,m
ay,
byno
tice
inth
eG
azet
te,
revo
keth
ede
clar
atio
nan
d,up
onsu
chre
vooa
tion
,an
yle
ase
or
lioe
nce
gra
nte
du
nd
erse
cN
on61
shal
lce
ase
tosu
bsis
tan
dth
eR
egis
trar
shal
l,in
the
case
ofa
reas
'e,
canc
elit
sre
gist
rati
on.
64.
(1)
Th
ere
i:she
reby
esta
blis
hed
for
the
purp
oses
refe
r-E
stab
lish
red
toin
this
Act
aL
and
Tri
buna
lcO
!llsi
stin
gof
ach
aJi.r
man
and
:~~~
ts~~
ontw
oas
sess
ors.
CYf
Trib
Ulli
l:l.
57.
Wh
ere
upon
sulb
mis
sion
O[
aol
aJim
un
der
seot
ion
56
(1).
the
Min
iste
rh
asm
ade
anof
fer,
and
noap
pea:
lis
mad
eby
the
claJ
iJrn
ant
toth
eTr~bunal
witJ
hin
thre
em
on
kfr
omth
eda
teo
fth
e<A
ffer,
the
affe
rS
hall
be
deem
ed.t
oha
'V€
been
acce
pted
.
58.
Wlh
ere
coru
fJ.'i
otin
gcL
aim
saT
esu
bmit
ted
toth
eM
inis
ter
pu
rsu
ant
tose
ctio
n56
(1)
tJhe
Min
iste
rSh
a.lll.
,w
ithi
non
em
on
thfr
om
tJhe
last
day
of1J
hepe
rlod
pres
cr.i
hed
inse
ctio
n56
(1)
refe
rtih
eca
seto
tJhe
Tni
buna
J..
r~,1~'(
'."11 if
,'.,
Pos
ting
and
serv
ice
ofno
tice
.J<llie
rmad
e~deemed
tob
eac
cept
ed;,1
111
"
"I#:J
',
i:S!~1J:'~;
.\;~I'I'
.;~_.t~
:,J
c.Q
.nfl
ictin
gc1
a1m
s~~;,;
;~,f":'.~
__
__
__
..,_
_••
....
....
....
....
..,&
,..
....
....
J.\
,A.
,::)
I!,1
,QU
...l
J,JC
::~\.A:J.'"
C.l
J.U
C1
1.tU
uy
the
pel's
onin
occu
pati
on;
(e)
anas
sess
men
tO
lftJh
eam
ount
ofco
mpe
nsat
ion
of-
fere
dan
dbh
em
etho
dus
edfo
ras
sess
ing
such
'H•
aano
unrt,
.and
shal
lin
vite
any
pers
onha
ving
any
clai
min
the
land
tosu
lb
mit
his
claJ
imto
the
Min
iste
r.(3
)O
npu
blic
atio
nin
the
Gaz
ette
oftJh
ede
dlar
atio
nno
tice
,,~
,l.i
inte
rest
s'in
OT
affe
ctin
gth
e~and
tow
hiid
ll1!
heno
tice
rela
tes
Slhia
H~.
T.
ceas
eto
subs
ist,
the
less
e'e'
sin
tere
stin
the
land
s:ha
lllre
ver
tto
tbe
Sta
te,
and
the
Reg
istr
arsh
all
can,
cel
tJh·e
regi
stI1
at'io
nof
atHde
eds
evid
enci
ngth
ose
inte
rest
s.(4
)l'J
'otw
1ths
tand
ing
subs
eoti
on(3
)th
ele
ssee
,or
law
:fuJ
oc
cupi
er,
ofth
ela
ndsu
bjec
tto
ade
ola:
rntio
nno
tice
may
rem
ain
inoc
cupa
tion
of
tihe
lan
dfO
Ta
per
Jod
no
tex
ceed
ing
six
mon
ths
from
the
date
of
publ
ioaJ
tion
intJh
eG
azet
teod
'bh!
ede
clar
atio
nno
tice
.
55,
Pri
or
totJh
epu
blio
atio
nin
tbe
Gaz
ette
ofth
ede
.cla
ratJ
ion
noti
ceth
eM
inis
ter
shal
lilca
use
aco
pyof
tJhe
noti
ceto
bese
rved
upon
any
pers
onkn
own
tobe
inoc
oupa
Jt:Jio
nof
,O
Tto
,;h
ave
anin
te
rest
in,
the
land
,in
the
man
ner
indi
cate
din
sect
ion
86.
56.
(1)
Any
pers
onW
hocl
aim
sto
have
anin
tere
SttW.h~ch,
byre
ason
ofse
ctio
n54
(3)
ceas
esto
subs
ist
may
,w
itJhi
nth
ree
mon
ths
fro
mth
ed
ate
of
pltb
lica
tion
otf
the
decl
<a·r3
Jtio
nno
tice
,cl
aim
com
pens
atio
nfr
omth
eM
ini,s
te.r.
(2)
Inas
sess
ing
com
pens
atio
nre
gard
shal
llbe
had
on
ily
-
:(a
0th
eV
'aJ.u
ew
hioh
the
prop
erty
mig
ht
have
been
~,.~li
eXip
ea1J
edto
rea~fse
ifit
had
bee
nso
ld·o
nth
eop
en~
-jtA
e-m
ark
etby
aw
illi
ngsr
olle
rat
tJhe
tim
eo
fpu
lbli
cati
ont.-
l?ti't
Ja:b
O-L
-r/O
~,,~
Olf
tlhe
deal
aI1a
td.o
nno
tiee
;
otftJ
I.evv
et )(ib
)to
tlhe
expe
nses
'inci
dent
alto
any
nece
ssar
ych
ange
W~
(.1•
0If
resi
denc
eor
9 4£pL
aoe
od'b
usin
e'Ss
.
),.!
':t
;l1.
.(3
)W
her
eth
eM
ini,s
ter
and
the
olai
man
t.fla
ilto
agre
eon
the
,~'.'b
;:r.~~
J;·,.'
".
WIl
ount
ofc'Oa?p~ns~tion,o
rw
here
theMiniste~h~
asf.a
jj}ed
tom~ke
·l.l
~~~J
.l")
;,,·
an
ya,
":aT
dw
llthl
i.nS
IXmo
~1Jh
s~er
the
SUbn
tlS~
lOn
of
the
claI
m,
I,(r
.....
,.,~
;.:'
::th
ecl
a:Im
ant
may
pu
rsu
ehI
Sola
J1JIl
lbef
oTe
tfue
Trl
lbun
:al.
I!...
~-
,l(~'
.'(4
)'I1
heMin~ster
may
e:i..
tend
the
tim
ew
ithi
nw
hJid
ha
oLai
m"'i1
.is
tobe
mad
eu
nd
ersu
!bse
otio
n(1
).tW
.;r,;
I
t,t;
)li
nelV
lilllS
ter
shal
lby
noti
cein
the
Gaz
ette
app
oin
t-
PA
RT
VII
I
Lan
dre
ven
ue
69.
(1)
'I1he
resih
alJl
be
paya
ible
inre
spec
tof
leas
es,
unle
ssth
ele
ssee
ise~empt'ed
un
der
subs
ecti
on(2
),su
chg
rou
nd
ren
tas
the
Miin
Jist
erm
ayp
resc
rib
e.·
(2)
Aci
tize
no
fIJ
esot
iho
Wlh
ois
aM
osot
ho(a
nd
the
deci
sion
on
Dac
1a[
quaJ
lMiL
caltJ
ion
slha
lil,su
bje
ctto
any
reg
ula
tio
ns
unde
Tse
cti
on
89,
rest
wit
hth
eM
inis
ter)
and
who
has
atta
ined
the
age
ofm
ajo
rJty
,Sl
haJll
be
en1J
iU,e
dto
the
leas
efr
eeof
gro
un
dre
nt
ofth
eL
and
wth
idhh~
leas
esan
doo
cupi
esfo
rhi
sow
nre
,sid
enti
alus
e.(3
)T
he
Min
Jist
er,
inco
nsuG
.'tab
ion
wit
hth
eM
inis
teT
resp
ons
ible
for
WO
IPks
,m
aypr
escr
,iibe
dev
elo
pm
ent
ohar
ges
(bei
ng
char
ge
sfo
rth
eco
nst
ruct
ion
and
the
pTov
isao
nof
sel'V
'ioes
incl
ud
ing
roai
ds,
root
-pat
hs,
mai
nd
rain
age,
stre
etli
gh
tin
gan
dan
yol
ther
ooaJ
r.ges
Wlh
idh
are
no
tpr
eSlc
ri:b
edu
nd
eran
yo
ther
'law
)W
hJic
hsh
all
be
calc
ula
ted
inre
lati
on
toth
ear
eaof
lan
dh
eld
byth
ele
ssee
.
Com
pens
ati'
on
Pub
lic
serv
itud
e
Ten
der
prem
ium
s
Fee
sfo
rli
cenc
es
l'1:)
'ln
e.lV
J.mis
ter
inco
nsu
ltat
icn
wit
hth
eM
inis
ter
ofF
ina
nce
may
wai
veo
rre
du
cean
yp
resc
rib
edde
velo
pmen
tch
arg
esw
her
ehe
cons
ider
sit
tob
ein
the
publ
icin
tere
stto
doso
.
70.
Any
pe'r
son
ho
ldin
ga
lice
nce
fro
mV
hest
ate
shaN
pay
ap
resc
rib
edan
nua'
1fe
ein
resp
ect
ofth
eH
c€nc
e.
71.
(1)
'Dhc
resh
all
be
paya
!ble
inre
spec
tof
ag
ran
to
fti
tle
mad
eth
rou
gh
the
ten
der
pro
ced
ure
ap
rem
ium
bein
gth
esu
mof
fe
red
byth
ete
nd
erer
inco
nsi
der
atio
nof
the
gra
nt
and
inco
nsi
der
atio
nof
the
valu
eo
fth
ep
rop
erty
the
sub
ject
of
the
gran
t.
(2)
'fh
ep
rem
ium
shaH
bepayabl~
inon
elu
mp
sum
up
on
exec
utio
n0
{th
ele
ase
or
lice
nce
tow
hioh
the
gra
nt
rela
tes
un
less
the
Min
iste
rse
esfi
tto
aHow
pay
men
tby
inst
alm
ents
onsu
chin
te
rest
term
sas
the
Min
iste
rm
ayde
cide
.
PA
RT
IX
Pu
bli
csc
rvit
ud
esal
ldco
mpe
nsat
i(ln
ther
efo
r
72.
(1)
Wh
enev
erth
eg
ov
emm
ent,
alo
oal
auth
orit
y,a
sta
tuto
ryco
rpo
rati
on
or
un
der
tak
erre
quiT
esa
way
leav
'eo
rri
gh
tin
the
nat
ure
of
aw
ayle
ave
oV'e·
ran
yla
nd
the
subj
eot
ofa
1!i1J
leu
nd
erth
isA
ctfo
rth
eco
nst
ruct
ion
ofpu
blic
util
ity
wo
rks
or
the
sup
ply
ofpu
blic
uti
lity
serv
ices
,th
eM
inis
ter
may
gra
nt
toth
ebo
dyso
req
uir
ing
Clpu
blic
serv
itu
de
ov
erth
ela
nd
and
the
body
tow
ho
mth
ese
rvit
ud
eis
gra
nte
dsh
all,
sub
ject
tose
ctio
n73
,be
liab
leto
com
pen
sate
the
gra
nte
eo
fth
eti
tle
for
any
dam
age
toth
ela
nd
inth
eex
erci
seof
the
serv
itu
de.
(2)
Wh
ere
the
Min
iste
rh'
asg
ran
red
apU
blic
serv
itu
de
ov
erla
nd
allo
cate
du
nd
erP
art
IIw
hioh
isn
ot
the
sub
ject
ofa
regi
srtr
ab
leti
tle,
the
Com
mis
s'io
ner
shal
lso
info
rmth
eoh
airr
naill
ofth
eL
and
Co
mm
itte
eha
ving
juri
sdic
tio
nw
.ho
shal
lm
ake
the
appr
opri
at
ed
ero
gat
ion
en
by
inth
ere
gis
ter
bu
tfa
ilu
reo
nth
ep
art
ofth
ech
Jair
man
tom
ake
the
entr
ysh
aHn
ot
affe
ctth
eva
1idi
tyof
the
gra
nt
ofth
ese
rvit
ude.
73.
(l)
No
com
pens
'aU
onS1
ha[l
be
pay.
able
un
der
sect
ion
72(1
)w
here
-
(a)
the
lan
dw
hilc
hsu
ffel
'Sd
amag
eha
sb
een
eith
erre
p
lace
do
rre
sto
red
;(b
)m
ov
able
prop
e'li
:yd
amag
edha
sb
een
eibh
erre
pla
ced
or
rest
oTed
;
(c)
the
wo
rks
con
stru
cted
don
ot
inte
rfer
esu
bSJt
anti'
ailly
wit
hth
een
joy
men
to
fth
ela
nd;
(d)
the
loss
aris
eso
ut
ofth
eco
nstr
ucti
onof
aro
adw
hic
hdo
esn
ot
dep
riv
eth
eal
lott
eeor
!m
or·e
than
on
e-te
nth
o£th
ear
e,a
of
the
l,and
and
the
rt:m
aJin
der
cont
inup
sto
be
suit
able
for
use
for
the
pu
rpo
sefo
rw
hich
tue
lan
dw
asg
ran
ted
.(2
)N
oth
ing
insu
:bse
otio
on(1
)s'
hall
be
dee
med
top
red
lud
eth
ep
aym
ent
0'£co
mp
ensa
tio
nfo
,rd
amag
eto
crop
so
ntlh
e~and
af
fect
edby
the
exer
cise
ofbh
ese
nnit
ude.
(b)
(c)
('Cl)
-I'.'
afte
rco
nsur
ltaH
onw
1tlh
the
Ohi
e!Ju
:sti
cea
chai
rm
anw
hoslh
Ja!1
lbe
aju
dge
of
the
Hig
hc'
ou
rto
ra
resi
den
tm
agis
traJ
te;
anas
sess
or,
who
slha
llb
ea
Pri
nci
pal
Chi
efo
ran
al
tern
ate
Pri
ncip
a:l
Chi
efn
om
inat
edby
the
Min
iste
Tso
that
whe
nth
eP
rinc
ipal
lO
hief
has
anin
tere
stin
the
maI
tter
bef
ore
the
Tri
buna
:l,
the
a.It
erna
teslh
a!H
aoti
nh
ispl
ace;
an
asse
ssor
who
sham
.be
ap
erso
nh
old
ing
ade
gre,
eo
rpp
of,e
ssio
nal
qua'
lifi
oati
onin
law
or
lan
dec
ono-
mks
.r
65.
'rh,
ere
slha
llb
ea
derk
or!th~
Tpi
buna
lw
hoSl
hall
be
the
Reg
istm
r,o,
rA
s,su.
s1Ja
ntR
egis
trar
,o[
tlhe
Hig
thO
ourt
who
ord
inar
ily
assi
sts
the
jud
ge
wpp
odnt
edas
dhra
Jirm
an,
Oil'
wh
ere
the
oh
airm
anis
are
sid
ent
mag
i<st
mt.€
the
clel
,kto
that
mag
istm
te.
66.
Th
eC
hie
fJu
stic
em
aym
ake
rule
sg
ov
ern
ing
the
pro
ced
ure
ofth
eT
rdJb
urra
L
67.
(1)
Ex
cep
tW
lher
eol
lher
wis
eex
:pre
ssly
pl'o
v.id
edan
yp
arty
agg
riev
edb
ya
deci
sion
ofth
eT
rib
un
alm
ayap
pea
lto
the
Hig
ihC
ourt
.(2
)T
he
rule
sg
ov
ern
ing
appe
a([s
toth
eH
ligh
Co
urt
fro
ma
SUlb
ordi
na:te
Co
urt
appl
yto
appe
als
fro
mtlh
eTp~bunaL
(3)
No
thin
gin
subs
eoti
on(1
)sh
aLl
pre
clu
de
ap
arty
fro
mC
lIppl
lyin
gto
the
Hig
lhC
ou
rtfO
Tre
lief
wh
ere
ade
cisi
on0I
fth
eT
ri
bUIli
a:l,
thO
lUgi
hex
pres
s'ed
asf1
mal
,ha
sb
een
reao
hed
inb
reac
hof
the
pr.in
Joip
les
of
natu
raU
jusr
t{ce
.
68.
NO
I1:Jh
ing
inth
isA
otsh
aIll
beco
nst
rued
aso
ust
ing
the
ju11
i.sdl
ict.i
6ho
fth
eH
i1gh
Co
urt
w.it
hre
gar
dto
any
mat
ter
or
dis
pu
tew
frlia
hdo
esn
ot
f1al[
ww
hin
the
com
pete
nce
ofth
eT
rib
un
aL
I',t
j~'t J
(:
N
4~·:""Ci.i.
I~C
"(,!-
~u
~.
I(
!','1l~~.
"-I"
Pro
cedu
re;~
offj
Tri
buna
l!
App
eals
P:»':)··.~i l,
.'C
lerk
ofT
rib
un
al
,.
Gro
un
dre
nt:
and
1('
I
dev
elo
pm
ent
char
ges
'.,J
b>i
,ib~.
Cou
rt1
'-"'
C'.
r:to~retam
~.,
juri
sdid
tio
n
I'. .,
(.~'
"•
tri:
',iu
:·
l;;)
Whe
reth
eex
erci
seof
apu
blic
serv
itud
eov
erla
ndsu
bje
ctto
ale
ase
inte
rfer
essu
bsta
ntia
Hy
wit
hth
een
joym
ent
ofth
ela
nd,
the
less
eesh
all
have
the
righ
t,in
lieu
od:
any
com
pens
atio
n.
whi
chh
em
aycl
aim
un
der
subs
ecti
on(1
),to
req
ues
tth
eM
inis
ter
'!.!·
·that
the
who
leof
the
land
leas
edbe
set
asid
efo
rpu
blic
purp
oses
pu
rsu
ant
tose
ctio
n54
.
74.
Sav
eas
othe
rwis
epr
ovid
ed,
this
Par
tap
plie
sto
l'and
un
der
P,a
rtIT
whi
chis
the
subj
ect
ofa
regi
stra
ble
titl
ean
dto
all
Lan
dw
ith
inu
rban
area
,se
lect
edde
velo
pmen
tar
eas
and
sele
cted
agri
cult
um
lar
eas.
75.
(1)
The
Com
mis
sion
ersh
all
keep
com
preh
ensi
vere
co
rds
orfC
lillla
ndto
whi
chth
isP
art
appl
ies.
(2)
Th
eC
omm
issi
oner
s'hal
:lca
use
tobe
pre
pare
d
(a)
all
leas
esan
dli
cenc
es;
(b)
wri
tten
cons
ents
req
uir
edof
the
Min
iste
ru
nd
erse
ctio
n36
;(c
)de
eds
oftr
ansm
issi
onw
here
asu
b-le
ssee
or
mor
t~agee
succ
eeds
toa
leas
ein
acco
rdan
cew
ith
sect
ion
42;
(d)
ann
exu
res
or
deed
sof
vari
atio
nof
leas
esp
urs
uan
tto
sect
ion
41;
(e)
publ
icse
rvit
udes
,an
dsh
aHre
tain
inbi
scu
st0t
l.yco
pies
ofth
edo
cum
ents
list
edin
patr
agra
pihs
(a)
to(e
)an
dof
serv
itud
esex
ecut
edby
him
un
der
sect
ion3~4).
::(3
).A
lldo
cum
ents
pre
par
edby
the
Com
mis
Sli
oner
un
der
SU
b
sect
ion
(2)
shal
lll,
unle
ssoJ
jjher
wis
epr
escr
ibed
,be
exec
uted
byhi
m.
(4)
'J1he
Co:
rnm
issi
oner
'-sih
lall
caus
eal
ldo
cum
ents
refe
.r>re
dto
inp
arag
mp
hs
(a)
to(e
)of
subs
ecti
on(2
)an
dre
qu
irin
gre
gist
ra
mon
tobe
reg
iste
red
.
(5)
Upo
nex
ecut
ion
ofan
ydo
cum
ent
refe
rred
toin
para
gr
ap1h
s(a
)to
(e)
ofsu
bsec
tion
(2)
the
Com
mis
sion
ersh
all
coU
ect
fro
mth
eg
ran
tee
or
tran
sfer
eea:
!ldu
ties
whi
chm
.ay
bepa
y:ab
leu
nd
erth
eS
bam
pD
utie
sO
rder
1972
,bh
eT
ran
sfer
Dut
yA
ct19
66(i
nth
eca
seof
ade
edo
ftr
ansm
issi
onre
f'er
red
toin
subs
ecti
onC
l)(c
)),
and
any
reg
istr
atio
nfe
es.
(6)
Not
wit
hsta
ndin
gse
ctio
ns13
and
48o
ftJh
eD
eeds
Reg
is
try
Act
1967
,aM
docu
men
tsp
rep
ared
byth
eC
omm
issi
oner
and
inre
spec
tof
whi
chal
ldu
t1es
and
fees
have
bee
nco
Uec
ted
byh
impu
rsUlC
l'!Ilt
to.
subs
ecti
on(5
)s 'h
atl'l
,up
onbe
ing
sub
mit
ted
byth
eC
omm
iSS
ionr
rfo
rre~istrntion,be
reg
iste
red
byth
eR
egis
tDar
.(7
)As
I~de
alin
gsin
inte
rest
sin
land
byo
ron
belh
alf
od:
the
Sta
tesh
al l1
betr
ansa
cted
thro
ug
hth
eC
omm
issi
oner
,an
dal
ldo
cu
men
tsre
laJt
ing
tosu
Ch
deal
ings
shaH
,su
bjec
tto
any
dire
ctio
nsfm
mth
eM
iIl!
iste
r,be
exec
uted
byhi
m.
App
lica
tion
ofP
art
X
Dut
ies
ofC
omm
is
sio
ner
~..~.
·~f
p'~'
J:.-
(!
i,'f ""'
::,.,
t'1
-".
•f
_.t,
'~t
0.5
:O
F19
72A
.7
of19
66!
, 'A.
12of
1967
:),
,'I 'I ,! ,.
.if"
PA
RT
X
Dut
ies
ofC
omm
issi
oner
ofL
ands
76.
(1)
Inco
nfor
mit
yw
itJh
sect
ion
62,
tJhe
Com
mis
sion
ersh
alll
requ
€st
the
Reg
istr
arto
endor~
e311
1de
eds
ofti
tle
tola
ndh
eld
by,
Olf
inth
en
ame
of,
or
intr
ust
for,
gove
rnm
ent
tobe
en
dors
edw
ith
the
men
tion
"set
as'id
efo
rpu
bli{
:pur
pose
s."
(2)
Su
bse
dio
n(1
)sh
JwH
no
tap
p1y
tola
nd
inw
hiic
hat
the
com
men
cem
ent
of
this
Act
ape
rson
hold
sa
subs
id}a
ryri
gh
tO
Tin
te
rest
deri
ved
fro
mth
ego
vern
men
tno
,I'sh
all
itap
ply
tola
ndin
Whi
chgo
vern
men
tho
lds
asu
bsid
iary
rig
ht
O'l'
inte
rest
.
77.
(1)
The
Com
mis
sion
erm
ay,
byno
tice
inw
riti
ng,
caM
upon
the
exec
utiv
eau
thor
ity
od'
any
para
stat
a'l
orga
nisa
tion
hold
in
gti
tle
toun
utiH
sed
or
unde
velo
ped
land
tosh
owca
use
why
suah
titl
esh
aJa
no
tre
ver
tto
the
Sta
te,
(2)
Upo
nfa
JHur
eof
the
par
asta
tal
orga
nisa
tion
tosh
owoa
use
wit
hill
six
wee
ksof
bein
gca
lled
upon
todo
so,
titl
eto
the
~and
shat
Hre
ver
tto
the
Sta
tean
d,if
ade
edof
titl
eto
such
land
has
bee
nre
gist
ered
,th
ere
gis
trat
ion
shal
!lbe
canc
elle
dby
the
Re~istrar
atth
ere
qu
est
ofth
eC
omm
issi
oner
.(3
)O
ause
shaJ
J.be
dee
med
tobe
show
nu
nd
ersu
bsec
tion
(1)
wh
ere
the
para
stat
a:l
orga
nisa
tion
prod
uces
siC
lJtis
fact
ory
ev
iden
ce-
(a)
ofit
sin
tent
ion
toit
self
use
and
deve
lop
the
lan
dw
ithi
na
peIl
iod
ofon
eye
ar;
and
(b)
tlhat
the
use
and
deve
lopm
ent
inte
nded
isn
ot
in
com
iste
nt
wit
han
ypl
'ann
ing
inre
spec
tof
the
area
wh
ere
the
land
issi
tuat
ed.
(4)
Fo
rth
epU
q>O
seof
t1hds
sect
io!I
l,la
ndis
deem
edto
beun
ut
illi
sed
or
unde
velo
ped
notw
ista
ndin
gth
atit
has
been
hedg
ed,
fenc
ed,
clea
red
or
leve
Hed
or
that
1tis
used
asa
plac
eof
depo
sit
for
refu
se,
was
teo
rsc
rap
or
asa
stan
ding
or
park
ing
plac
efo
rvc
l1Ji
dles
.
78.
Th
eC
omm
issi
oner
shat
ll,w
hene
ver
prac
tica
ble
-(a
)gi
vesu
chad
vice
and
assi
stan
ceto
Cha
irm
enof
land
Com
mit
tees
per
form
ing
thel
irdu
ties
un
der
Par
tII
asw
ill
ensu
red
ue
com
p'l1
:anc
ew
}th
the
proc
edur
esla
iddo
wn
inth
atP
art;
(b)
asce
rtai
nth
atth
ere
gist
ers
refe
rred
toin
sect
ion
17(2
)ar
epr
oper
lyke
pt.
PA
RT
XI
Gra
nts
of
titl
esto
land
79.
(1)
Ifa
mem
ber
ofth
eL
and
Com
mit
tee
or
Urb
anL
and
Oom
mit
tee,
or
his
spou
sedi
rect
lyo
rin
dire
ctJI
yha
san
ype
rson
alin
tere
stin
a..TJ.y
mat
ter
cons
ider
edo
rto
beco
nsid
ered
byth
eco
rn
rrui
ttee,
he
Slha
llim
med
iate
lydi
sclo
setJ
hat
inte
rest
and
shal
ln
ot
bep
rese
nt
atth
em
eeti
ng
whi
lleth
atm
atte
ris
bein
gdi
scus
sed
and
shaH
no
t1J
akep
a:rt
inan
ydi
scus
sion
or
vote
onan
yqu
esti
onar
is
ing
ther
e-fr
om.
(2)
Wh
enev
erth
eaf
fect
edm
emb
eru
nd
ersu
bsec
tion
Cl)
isth
eoh
airm
an,
the
mem
ber
sp
rese
nt
tJhe
reat
shal
lel
ect
one
ofth
eir
num
be:r
tobe
chir
man
.
End
orS
eIof
Gov
erm
ent
tit!
Rev
ersi
Xll
Sta
teof
rig
hts
top
aras
tata
!Jan
d
Ass
ista
ncE
toch
airm
Gran~
of
titl
esto
com
mit
tee
me
mb
ers
,Ii.
'
App
lica
tion
oto
the
rla
ws
No
regi
stra
.tio
nex
oopt
Y.a
rtin
:st:a
.nce
cA.
C0m
mis
si
oner
Pri
ori
tyo
fd
ual
allo
cati
ons
I "
Su
bsi
dia
ryri
gh
tsin
Sta
tela
nd
'I'ra
nsit
iOD
laI
prov
iSio
nsfu
rd
isq
ual
i.fle
d'h
old
ers
:>f"'
larid
' "'.•
igh
t,g
'.' /.~{l
~.:
.,
l'"
H·'
;'('
l',,
':.-
oid
titl
es
J:'A
1tT
Xli
Mfs
,cel
lane
ous
Pro
visi
ons
80.
Not
Wlit
Jhst
andi
ngth
epr
ovis
ions
ofan
yo
ther
l<lJ
Wan
dfo
r"t
he
avoi
denc
eof
doub
tse
ctio
ns14
and
15an
dP
arts
VI
and
IXsh
all
appl
yto
the
excl
usio
nof
any
othe
rla
w.
81.
Not
wit
hsta
ndin
gan
yot
Jher
law
the
Reg
istr
arsha.l~
not
regis~
any
tiJtle
gra
nte
dun
der
this
Act
exce
ptup
ontlh
eap
pl'io
ati
on
ofth
eC
omm
issi
oner
.
:'"
82.
Wlli
.ere
atth
eoo
mm
ence
men
tof
this
Act
any
land
00"
par
ttlh
ere:
of'h8
.!S,
whe
tlhe
rby
erro
ro
rot
herw
ise,
been
tihe
SUbj
ect
of
two
or
mo
reail
iloca
tion
s,th
eal
lott
eew
hoha
sus
edtih
elJ
and
an
dm
<lJd
eim
prov
emen
tsth
ereo
nsh
all
horrd
titL
eto
the
land
inpr
efe
renc
eto
any
ailil
otte
ew
hole
ftth
el<
and
unus
edan
dun
deve
lope
d.83
.(1
)W
here
,at
bhe
com
men
cem
ent
of
this
Act
,a
per
son
:hol
dsth
eri
gh
tto
use
or
occu
pyS
tate
lan
din
any
area
and
this
rig
ht
isde
rive
dfr
om
the
Sta
teot
herw
ise
than
byti
tle,
such
rig
ht
may
be
conv
erte
din
toa
le8.!S
eo
r1i
cenc
eat
t!he
disc
reti
onof
the
Min
iste
r.(2
)In
e~rci'sing
his
d1S'
Cre
tion
unde
rSU
bsec
tion
(1)
the
Min
iste
rsh
8.!lJ
have
reg
ard
toth
ere
mai
ning
dura
tion
00bh
epe
rso
n's
righ
t,tfr
lepr
edom
inan
tus
eol
ftih
ela
ndan
dth
eIli
aItu
xeo
fth
atus
e.
84.
(1)
Any
pers
onwho:~
(a)
rat
the
com
men
,cem
ent
ofth
isA
cth
eld
ati
tle
to~
~and
bu
tis
byre
ason
ofse
ctio
n6
dtsqualif~ed
from
sodo
ing;
(b)
byre
ason
olflos~
ofci
tize
nshi
po
rot
Jher
wJ,s
ece
as,e
sto
bequ
:aJl
.ifie
dto
norr
dti1
Jleto
land
,sh
all
cont
inue
toho
ldth
esa
me
for
ape
riod
of1
2m
onth
s,an
dm
ayd
uri
ng
thJa
tpe
I1io
dan
dw
ith
the
cons
ent
of
Min
Jist
erce
dehi
sri
ghts
toa
peIlS
'on
qua!
l.ifi
edu
nd
erse
ctio
n6.
(2)
Ape
rs'o
nw
hof1
ai[s
tobe
oom
equ
a1iJ
iied
CAr
toce
dehi
sI1i~hts
W1i
tfrlin
the
per
iod
of12
mon
ths
men
tion
edin
subs
eotli
on(1
)so
ol,l,
unle
sshi
sti
tle
has
been
ear-
Her
terr
nint
ated
,be
enti
tled
tore
ceiv
eth
eva
[ue
ofaJ
liim
prov
emen
tslla
wfu
llym
ade
ontJh
ela
ndup
ontlh
eex
piry
ofth
e12
mon
ths'
peI'1
iod
and
the
then
cons
eque
l?-t
reve
rsio
nof
his
inte
rest
inbh
elia
ndto
bhe
Sta
te.
85.
(1)
Any
gran
rt:of
titl
eo
fla
nd
unde
rP8
.!rt
ITm
ade
con
trar
yto
the
prov
isio
nsof
that
Ba.
rtsh
all b
eo
fno
effe
ct.
(2)
Any
ddsp
osi<
lJ.of
prop
erty
cont
rary
toth
epr
ovis
ions
of
thlis
Act
s!ha
lllb
eo
fno
e[fe
ct.
(3)
Any
tran
Sla
ctio
nre
quin
ing
1Jhe
cons
ent
oftih
eM
inis
ter
shal
l!l,
whe
resu
dhco
nsen
tha
sbe
engi
ven
cont
rary
toth
epT
Ovi
Sl
i.ons
00tJh
!.isA
ct.
be
ofno
effe
ct.
(4)
Sav
eas
unde
rse
dio
n41
,w
here
land
gran
ted
for
asp
eci
fic
purp
ose
isco
nver
ted
by
the
allo
ttee
01'
gran
tee
toan
othe
rpu
r-po
se,
bhe
allo
'ttee
orgr
ante
esh
all
forf
eit
his
titl
eto
the
land
.86
.(1
)N
otJi
ceu
nd
erse
ctio
n9
(2),
13(4
),14
(2),
or
55,
shal
lbe
serv
edei
thel
fpe
rson
aHy
onth
epe
rson
sto
bese
rved
or
byle
avin
git
atth
eir
last
usua
lpl
ace
ofre
side
nce
orbu
sine
ss;
but
ifan
ysu
chpe
rson
is8.
!bse
ntfr
omL
esot
hoth
eno
tice
shal
lbe
left
wi<
thU1
!eoc
cupi
erof
the
land
the
subj
ect
ofth
eno
tice
or,if
ther
eis
nooc
oupi
er,
sha
llbe
affi
xed
upon
som
eco
nspi
cuou
spa
rtoi
the
prop
erty
.(2
)If
tihe
pers
onup
onw
hom
noti
ceis
tobe
serv
edin
pur
suan
ceof
subs
ecti
on(1
)is
abo
dyco
rpor
ate,
the
noti
cesh
all
bede
emed
toha
vebe
endu
lyse
rved
ifle
ftat
,or
addr
esse
dby
post
to,
its
regi
ster
edor
prin
cipa
lof
fice
sin
Les
otho
.87
.(1
)A
nype
rson
who
occu
pies
land
and
any
pers
onw
hoca
uses
,ai
dsor
abet
san
ype
rson
tooc
cupy
land
wit
hout
prop
erau
thor
ity
shal
'lbe
guil
tyof
anof
fenc
ean
dli
able
toa
fine
of50
0ra
nd
and
tosi
xm
onth
s'im
pris
onm
ent,
and
the
cour
tco
nvic
ting
tihe
offe
nder
may
ord
erth
epe
rson
tovc
.:.ca
teth
elW
ldfo
rth
wit
hO
ifw
itihi
na
spec
ifie
dpe
riod
01
tim
e.(2
)A
nype
rson
who
1~'111a
ins
inoc
cupa
tion
ofla
ndin
defi
an
oeo
fa
oour
tor
der
unde
rsu
bsec
tion
(1)
isgu
Uty
ofan
offe
nce
and
Hab
leto
bhe
pena
ltie
sjJ
rcsc
ribc
du
nd
ersu
bsec
tion
(1)
anti,
inad
diti
on,
toa
fine
ofE
vera
nd
ada
yfo
rev
ery
day
duri
ngw
hich
the
unJl
awfu
loc
cupa
tion
cont
inue
s.(3
)W
here
ape
rson
has
been
conv
icte
dun
der
subs
ecti
on(1
)an
dno
ord
erh
asbe
enm
ade
fo,r
vaca
ting
the
land
or
whe
resu
cho
rder
has
bea
nm
ade
and
the
peri
odsp
ecif
ied
has
expi
red,
the
pro
per
autJ
hori
tyor
the
pers
onho
ldin
gri
ghts
inor
over
the
land
may
seek
the
8.!S
sist
ance
ofth
eP
olic
ein
evic
ting
the
oonv
icte
dtr
es
pass
erfr
omth
ela
nd,
(4)
Fo
rth
epu
rpos
eof
this
sect
ion
occu
pyin
gla
ndw
itho
utp
rop
erau
thor
ity
incl
udes
rem
win
ing
inoc
cupa
tion
ther
eof
afte
rth
eda
teon
Whi
ohth
ela
ndsh
ould
have
been
vaca
ted
asa
cons
equ
ence
ofa
term
inat
ion
noti
ce,
are
voca
tion
noti
ceo
ran
yo
ther
nntll
ceto
vaca
tegi
ven
unde
rth
isA
ct.
88,
(1)
Any
pers
onw
hoco
rrup
tly
acce
pts
orob
tain
so
rag
rees
toac
cept
or
atte
mpt
sto
obta
infr
oman
ype
rson
,ei
ther
for
him
self
or
any
oth
erpe
rson
,an
ygi
fto
rco
nsid
erat
ion
asan
in-·
duce
men
rto
rre
war
dfo
rdo
ing
orom
itti
ngto
doo
rfo
rha
ving
done
or
omit
ted
todo
any
act
whi
chit
iso
rw
ashi
sdu
tyto
door
refr
-ain
from
dolin
gu
nd
erth
isA
cto
rfo
rsh
owin
go
rre
frai
ning
from
show
ing
favo
ur0
1'di
sfav
our
toan
ype
rson
inre
lati
onto
any
mat
ter
refe
rred
toin
this
Act
isgu
ilty
01
anof
fenc
ean
dlri
able
toa
fine
of
500
ran
dan
dto
one
year
'sim
pris
onm
ent.
(2)
Any
pe'l'S
onw
hoco
rrup
tly
give
so
rag
rees
togi
veo
roJ
fe'1\
5an
ygi
fto
rco
nsi
dcn
tio
nto
any
pers
onas
anin
duoe
men
to
rre
war
dfo
rdo
ing
or
forb
e:1r
ing
todo
or
for
havi
ngdo
ne£0
1'-
hlf'\
.,..,.
.,nf.
,...
..-1,
...:-
_._
1.'
•~.,
Ser
vice
ofno
tice
s
Un
law
ful
occu
pati
ono
fla
nd
Oth
erof
fenc
es
Reg
ulat
ions
"A
men
dmen
to
f'
Sch
edul
es
r !'~.
," ir1
4~t
~~~~1:~
Am
endm
e;of
sect
ion
ofA
ct12
(19
67
Am
endm
ent
ofse
etio
n24
ofA
ct12
of19
67
94.
Sect
iJ<m
24of
the
Dee
dsR
egis
try
Act
1967
ish
ereb
yam
end
edby
--
(a)
del
etin
gil
lsu
bsec
tion
(1)
the
wor
d"E
ver
y"
and
sub
stit
uti
ng
ther
eio,
rth
ev/
ords
"Sav
eas
isot
her
wis
epr
ovid
edin
the
Lan
dA
ct19
79o
ran
yo
ther
Law
,ev
ery"
;(b
)d
elet
ing
insu
bsec
tion
(3)
the
wo
rd"E
ver
y"
and
sub
stit
uti
ng
ther
efoi
l'th
ew
orrd
s"S
ave
asis
othe
rw
ise
proV
1ide
din
the
Lan
dA
ct19
79o
ran
yo
ther
l'aw
,ev
ery"
;(c
)de
ll.'e
ting
insu
bsec
tion
(4)
the
wor
d"E
ver
y"
and
sub
stit
uti
ng
ther
efo
rth
ew
ords
"Sav
eas
isot
her
wis
epr
ovid
edin
the
Lan
dA
ct19
79o
ran
yo
ther
law
.ev
ery
;"an
dPA
RT
XII
IA
men
dmen
ts,
Rep
eals
and
Sav
ings
93.
Sub
sedi
oiIl
(2)
ofse
ctio
n15
ofth
eD
eeds
Reg
istr
yA
ctA
men
d!U
ent
1967
ish
ereb
yam
,end
edby
dele
ting
the
wor
d"E
ver
y"
and
bysu
b-of
sect
ion
stit
utiJ
ngth
erei
nr
the
WO
'l'ds
"Sav
eas
isot
herw
ise
prov
ided
inth
e~~
f~~c
t12
Lan
dA
ot19
79o
ran
yo
ther
llaw
,ev
ery
"
91.
(1)
Sub
sect
ion
(1)
ofse
ctio
n2
ofth
eD
eeds
Reg
istr
yA
ct19
67is
her
eby
amen
ded
by
-(a
)-d
elet
iling
par
agra
ph
(c)
ofth
ede
fini
tion
of"i
m
mov
able
pro
per
ty"
and
SU
bsti
tuti
ngth
efo
llow
ing
ther
efo
r-
"(c
)an
yle
ase
graJ
llt.e
du
nd
erth
eL
and
Act
1979
;o
r(d
)an
yri
gh
tto
min
eral
s(i
nclu
ding
any
rig
ht
tom
ine
for
min
eral
s)an
da
leas
eo
rsu
blea
seof
such
rig
ht;
"(b
)de
1let
ing
fro
mth
ede
fini
tion
of"p
rop
erau
tho
rity
"th
ew
ords
"th
eC
onst
itut
ion
ofL
esot
hoan
dan
yo
ther
"an
dsu
bst
itu
tin
gth
eref
or
the
wor
d"a
ny
".(2
)S
ubse
ctio
n(3
)of
sect
ion
2of
the
Dee
dsR
egis
try
Aot
1967
ish
ereb
yam
end
edby
-(:a
)in
sert
ing
the
wor
d"b
enev
ole
nt"
imm
edia
tely
bef
ore
tJhe
wor
d"c
har
itab
le"
inpa
ragr
arph
(b);
(b)
sub
stit
uti
ng
1!he
wor
ds"h
ospi
tal,
clin
ico
rdi
spen
sa
ry"
fo,r
the
wor
ds"p
ubli
cho
spita
!l."
inp
arag
rap
h(c
),an
d(c
)ad
ding
the
foll
owin
gne
wp
arag
rap
h--
"(d
)an
ypu
rpos
essp
e.ciJf
',j,ed
inle
ases
gra
nte
do
ris
su~d
un
der
the
Lan
dA
ct19
79."
92.
Sec
tion
9of
the
Dee
dsR
egis
try
Act
1967
ish
ereb
yAmen~ent
amoo
.ded
byde
letr
ing
the
wor
d"m
ay"
inth
efi
rst
line
ther
eof
and
.of
sect
IOn
9su
bst
itu
tin
gtJ
here
fiOr
:th
ew
o'rd
s"m
ay,
sub
ject
toth
epr
ovis
ions
~~t~
l2o
fan
yo
ther
law
,".
~--
01
-~~.
VH
cu
Ct
dn
Q!l
aDle
toth
epe
nalt
ies
pres
-cr
ibed
un
der
subs
ecti
on(1
)
89.
Th
eM
inis
ter
may
mal
<ere
gula
tion
sfo
ran
yo
ne
or
mo
reo
fth
efo
llow
ing
purp
oses
-,",,
- --(a
)pr
escr
ibin
gth
em
ann
erin
wh
kh
lea~es
and
licel
H.:c
;;ar
eto
beex
ecut
edby
or
onb<
!hal
fof
the
Sta
te;
(b)
prov
idin
gfo
rth
eco
ndit
ions
un
der
whi
chag
ricu
ltu-
:i,i
rall
oeas
esm
aybe
gran
ted;
(c)
pre
scri
bin
gth
esi
zeof
plot
sw
hich
may
behe
ldby
any
pers
ono
rfo
ran
ysp
ecif
icpu
rpos
e,th
en
um
ber
ofpl
ots
whi
chm
aybe
held
byan
yo
ne
pefs
on;
(d)
pre
scri
bin
gth
eci
rcum
stan
ces
and
cond
itio
nsu
nd
er.
whi
ohth
eMini~ter
may
wit
hhol
dco
nsen
tto
tran
sac
tion
sre
qu
irin
ghi
sco
nsen
tu
nd
erse
ctio
n36
;(e
)pr
ovid
ing
for
the
cond
itio
nsu
nd
erw
hich
tile
Min
ist
erfo
rC
omm
erce
and
Indu
stry
shal
lm
ake
reco
m
men
dati
ons
whe
nso
req
uir
edu
nd
erth
isA
ct;
(f)
pre
scri
bin
gth
eco
ndit
ions
and
circ
umst
ance
su
nd
erw
hich
the
disq
uali
fica
tion
sim
pose
dup
onco
mpa
nies
and
par
tner
ship
su
nd
erse
ctio
n6
may
bew
aive
d;(g
)de
fini
ngth
eus
epu
rpos
e.:
Ala
nd;
(h)
prov
idin
gfo
rth
epr
oced
ure
and
qu
oru
mat
mee
tin
gsof
Urb
anL
and
Com
mit
tees
and
expe
nses
and
allo
wan
ces
paya
ble
toit
sm
embe
rs;
(i)
d.nre
spec
tof
grou
ndre
nts
and
lice
nce
fees
and
the
call
cula
tion
t!he
reo'
f,an
dti
leci
rcum
stan
ces
un
der
whi
chpe
rson
al.,
levi
esm
aybe
atta
ched
tog
rou
nd
ren
tspa
yabl
eby
par
ticu
lar
less
ees;
(j)
tJhe
term
san
dI
cond
itio
nsu
nd
erw
hiah
ren
t-fr
ee•
leas
esu
nd
erse
c,ti
on69
(2)
shal
lbe
enjo
yed;
(k)
pre
scri
bin
gth
em
etho
dof
asse
ssin
gth
eva
lue
ofim
p
rov
emen
tsni
a:de
for
purp
oses
ofp
aym
ent
ofco
m
pens
atio
n;(,1
)la
ying
dow
nth
eco
nsid
erat
ions
whi
chw
ou/ld
just
ify
wai
ving
the
ten
der
proc
edur
ein
the
case
ofm
ulti
p
leap
plic
atio
ns;
(m)
layi
ngdo
wn
~the
circ
umst
ance
sa...
...dco
ndit
ions
un
der
whi
chte
nder
s,w
het
her
the
hig
hes
tO
'rot
her
wis
e,m
ayb
ere
ject
ed;
(n)
the
pre
ven
tio
no,
fsp
ecul
ativ
ede
cilli
ngs
inla
nd
;·(0
)g
ener
ally
for
the
bet
ter
carr
ying
into
effe
ctof
this
Act
.90
.T
he
Min
iste
rm
ay,
byor
der,
amen
dth
eS
ched
ules
.
.~~~
.,
,or~l
;
f';:'·
;'!.
"\
, .
1 'FI'
,.
.\ '., ~.'.
l',~
".
Am
endm
eDt.
of
sect
ion
2o
fP
rocl
ama·
tio
n51
of19
57
Am
end
men
tof
sect
ion
2o
fP
rocl
ama·
tio
n19
of19
35
Con
stru
alof
Exi
stin
gB
yL
aws
and
Reg
ulat
ions
Rep
eals
A.
20of
1973
A.
16of
1973
Sav
ings
.....}
-:d
.-'
.... .
~,
L.
N.
9of
74
:;1'
., !.~ Fen
cin
g
•CS
ite
pla
n
---0
--~_~uv~o~vu
~U)
l,ue
wo
rn"a
nyan
dsu
bst
itut
ing
ther
efor
the
wor
ds"S
ave
asis
()I1:!herwis~
prov
ided
inth
eL
and
Act
1979
oran
yo
ther
law
,ev
ery"
;
95.
Sec
tion
2of
the
InsO
l1ve
ncy
Pro
clan
mti
on19
57is
here
byam
ende
d.by
de'le
ting
the
defi
niti
onof
"im
mo·
v'ab
a.e
prop
etrt
y"an
dsu
bsti
tuti
ngth
efo
How
ing
ther
efor
-"i
mm
ovab
lepr
oper
ty"
shal
lha
veth
em
eani
ngas
-q
f'cr
ibed
ther
eto
inth
eD
eeds
Reg
istr
yA
ct· 1
967.
96.
Sec
tion
2of
the
Acl
irni
nist
ratio
nof
Est
ates
P:ro
cl,a
mat
ion
1935
ishe
l'eby
amen
ded
byde
leti
ngth
ede
fini
tion
of
":im
mov
able
prop
erty
".an
dsu
bsti
tuti
ngth
efo
How
ing
tlhe
refo
r-
"r
"im
mov
able
prop
erty
"sh
all
have
the
mea
ning
as
crib
edth
eret
oin
the
Dee
dsR
egis
try
Act
19u7
,97
.A
nyex
isti
ngre
gula
tion
orby
-law
shal 1
1,fr
omth
eco
min
gin
toop
erat
ion
ofth
isA
ct,
beco
nstr
ued
wH
ihsu
ohm
odif
icat
ions
,<a
dapt
atio
ns,
qual
ific
atio
nsan
dex
cept
ions
asm
aybe
nece
s'sra
ryto
brin
git
into
conf
orm
Hy
wit
hth
epr
ovis
ions
of
this
Ad
and
any
regu
lati
onm
ade
here
unde
r.
98.
'Dhe
Lan
dA
ct19
73an
dth
eA
dmin
istr
atio
nof
Lan
dsA
c.119
73ar
ere
peal
ed.
"
99,
(1)
'Dhe
Lan
dR
egul
atJi
ons
1974
,ex
cept
ing
regU
lati
on4
whi
ohis
repe
aled
,slh
a!l'l
cont
inue
toha
veef
fect
unti
lre
voke
do
r's
uper
sede
dby
regu
lati
ons
unde
rth
isA
ct.
(2)
Dev
elop
men
tO
onfm
litte
eses
tabl
ishe
du
nd
erth
eL
and
Reg
ulat
ions
1974
shaH
,no
tw1t
hsta
ndin
gth
atth
epe
I'iod
for
whi
Clh
the
mem
ber
sth
ereo
fha
ve,b
een
appo
inte
dm
ayha
veex
pire
d,oo
nti
nue
Wfu
nct
ion
.un
tWl
suah
tim
eas
the
Min
iste
rre
voke
sth
em
emb
ers'
appo
:int
men
ts.
'.'
-'.,
FIR
ST
SCH
ED
UL
E(S
EC
TIO
N2
)
Sta
tuto
ryC
ondi
tions
for
Lea
ses
othe
rth
anA
gric
ultu
ral
Lea
ses
1U
nO.e
ssth
eM
inis
ter
dire
cts
othe
rwis
-e,
the
less
eesh
all,
wit
hin
six
mon
ths
'OIf
'the
date
offu
egr
ant,
fenc
eth
ebo
unda
ries
01th
e!l:
and
land
1Jhe
J<es
S'ee
shal
lm
aint
ain
the
fenc
eto
the
sati
s£a
otio
no
fth
eM
inis
ter.
2U
nJtil
enac
tmeJ
:lJt
of
'Cl
tow
nan
dco
untr
ypl
anni
ngla
wan
d.it
sap
IYlic
aJtio
nto
1Jhe
l'and
un
der
leas
-e,
the
less
eepr
ioT
toth
ede
velo
pmen
tol
f-1J
helo
od,
shal
lsu
bmdi
tto
the
Min
iste
rfo
rbl
s-a
ppro
V'a
J!a
site
p~la
nto
geth
erw
ilth
tJhe
plan
sol
fan
ypr
opos
edbu
illdi
!n:g
s,S
ttru
ctur
esan
do
ther
fio'I1
lllsof
Land
deve
lopm
ent.
3U
nles
ssp
ecia
lw
ritt
enau
thor
ity
:"sg~ven
byth
eIM
inis
ter,
the
Dev
elop
meI
d·tJ
h·t
'1to
bele
ssee
shal
lco
mm
ence
deve
lopm
e:lt
ofth
e1a
n-w
t'II
we,
veco
mpl
eted
mon
ths
ofth
eda
teof
the
gra
nt
and
shal
lc0
.I?p
~ete
tile
.dev
e~lo
pmen
tto
the
sati
sfac
tion
ofth
eM
inis
ter
wlt
hin
ap
eno
dof
twen
ty-f
our
mon
ths
ofth
eda
teof
the
gl'a
nt.
4C
ondi
tion
No
2sh
all
appl
vw
here
appl
icab
leto
furt
lhe,
rde
ve-
Fu
rth
er_
•J
"h
f<,
I-,n
deve
lopm
en10
pmen
tof
the
land
unde
rle
ase
du
nn
gt
ete
rm0'
t:ue
!Lea
se.
5W
,ithi
na
peri
odof
tim
eto
be:rix~d
byt~e
Mi~ister,
the
le:s
-D
l'ain
age
see
shal
lat
his
own
expe
nse
prO
VId
em
all
dram
age
or
mam
and
sev:
e.r
sew
erag
eco
nnec
tion
sfr
omth
ebu
ildi
nger
eote
don
1Jhe
~and
conn
ectI
Ons
asth
eM
inis
Ler
may
requ
ire.
6In
the
even
tof
any
mai
nbu
ildi
nge'
rect
edon
the
Land
bein
gD
emol
itio
ndi
smal
ltle
d,de
stro
yed,
dem
olis
hed
or
rem
oved
,th
ele
ssee
shal
'll'e
pJac
evh
ebu
ildi
ngw
itJhi
na
peri
odsp
ecif
ied
byth
eM
inis
tel'
and
Con
diti
ons
Nos
.2
and
3sh
aHap
ply
wlh
ere
ap-
plic
able
.7
The
'less
eesh
all
use
the
land
com
pris
ed,in
the
leas
eon
lyfo
rL
and
use
the
purp
ose
spec
ifie
din
the
gra
nt
or
in'a
nyva
l11a
tion
mad
eto
the
orig
inal
gra
nt
ofle
ase.
8T
hele
ssee
shal
lp
erm
it'e
ntry
onth
e!.!
Jand
atan
yre
ason
able
En
try
perr
iod
of
bhe
day
by'a
llydU
ilyem
po
wer
ed:-
(i)
offi
'cer
,em
ploy
ee,
serv
ant
orla
gent
ofth
eG
over
nm
ento
fL
esot
ho.
(ii)
empl
oyee
,se
-rva
nto
rag
ent
ofan
yst
atut
ory
corp
ora
tion
ro,r
par
asta
tal
org,
anis
atio
nes
tabl
ishe
dto
prov~de
and
mai
ntai
npu
blic
util
ity
serV
lices
.9
Sav
ew
iith
Vhe
wI1
1tte
nau
thor
ity
of
the
Mi.n
iste
r,no
elec
trio
al.
Exi
stin
gpo
wer
0'1'
tele
phon
epo
leai
rlin
eo
rw
a1e-
r,dl
'ain
age
Olf
sew
erse
rvic
espi
pebe
ing
upon
or
pass
ing
thro
ugh,
over
or
un
der
the
land
and
no
repl
acem
entb
here
of,
shaH
bem
oved
Olf i
nan
yw
aybe
inte
lfif
e-re
d\vt
i..tJh
iClnd
reas
onah
leac
cess
ther
eto
slh!aJ
!ilbe
pres
oer·
ved
,toal
low
for
_ins
peot
ion,
mai
nten
anoe
,re
pair
,re
new
alan
dre
pla
cem
ent
tlhe
reoi
.'
10F
ull
rig
ht
'and
Ube
rty
lisre
serv
edun
toth
eG
over
nmen
t0I
fPUb~ic
Leso~ho
free
lyto
'exe
rcis
eo
rha
ve,
or
un
totJh
eM
inis
ter
tose
rvlt
ude
gI1a
ntto
,ast
atu
tory
corp
ol'a
iion
0'1'
para
star
t:aJl
.or
gani
sati
on,
the
nigh
tfr
eely
toex
erci
seo
rha
vea
pUbl
icse
rvit
ude
over
the
lan
dfo
,rth
epu
rpos
eo
fpr
ovid
ing
,and
mJa
'inta
inin
gpU
blic
util
ity
serv
ices
'and
mor
epa
rtic
ular
lyfo
rth
epu
rpos
eo
fer
ect-
ing
tei1
epho
neo
rel
ectr
icpo
wer
po'le
s,ins
t1JaJ
l.'1'in
gel
ectrt
i.co
rte
leph
one
wir
esan
dca
bles
,la
ying
dow
ndr
ains
,se
wer
so
rw
ater
pipe
sla
ndm
aint
ajni
ngth
esa
me.
11T
hein
teri
or
aIfd
, 9~eriorof
any
bUil
ding
erec
ted
OIIl
the
land
Goo
dre
pa!i.
ran
dal
lbu
ildin
g"aC
lditi
ons
ther
eto
and
all
oth
erbu
ildi
ngs
atet
c.an
yti
me
,ere
cted
0'1'
slta
ndin
gon
tJhe
ilian
dla
ndw
alls
idra
ins
an
do
ther
lapp
urte
n:an
ces,
shaH
be
kep
tby
1!he
less
ee'{n
gOQ
dre
pai
r'a
ndte
nant
ablc
cond
itio
nto
the
sati
sfac
tion
olf
the
Min
iste
r.
,'" ..-t.
,.;,
FO
RM
"A"
Nam
eof
'app
l:ioa
nt:
.
Des
crib
eth
purp
ose
or
use
ofla
nd
nee
ded
Des
crib
eth
epl
ace
whe
real
loca
tion
ire
qu
ired
......
......
...
,.
Giv
ere
ason
why
you
thin
kth
e...
......
......
..al
loca
Uon
shou
ldb
eg
ran
ted
3'"fo
rm
yli
feti
me/
for
.ye
ars
onily
.2
My
reas
ons
for
mak
ing
this
appl
icat
ion
I(lJr
e..
Se
x...
.A
ge.
_.
1IIC
lJptp
lyfo
ran
allo
ca.ti
Dn
ofl!a
ndsi
tuat
edat
4for
the
purp
ose
of
..
TH
um
SC
HE
DU
LE
(Sec
tion
5)
App
lica
tion
for
anal
loea
tion
ofL
and
ina
Itur
alA
rea
('"
dele
te\'t
here
nece
ssar
y)
TO
:T
Iill
CH
AIR
MA
NO
F
Add
ress
:
.l.l
lV!U
Jnale
',sli
oek
12Q
uth'
ing
13Q
acha
'sN
ek14
Mok
lhot
long
15'I1
hJah
a-T
seka
16M
apot
eng
SEC
ON
DS
CH
ED
UL
E(S
ecti
on
2)
The
urb
an'a
reas
of
1M
aser
u2
Mas
eru
Inte
rnat
ion
alA
irpo
rt3
But
ha-B
uthe
4L
erib
e(H
lots
e)5
Map
utso
e6
Pek
a7
Tey
atey
anen
g8
Roi
ma
9M
orij
a10
Maf
eten
g
__
...
....
...
V.4
J:' .
...·...~
... 44
''''' .
..-c
;;U
LV
ut:
uone
upon
the
land
oran
yp
art
ofsu
chla
nd
whi
chm
ayca
use
or
lead
topo
Hut
ion
ofth
een
V'ir
onm
ent
0'1'
reS'
Ult
inth
ecr
eati
on
ofan
yha
z'ai
fdto
tJhe
heal
thof
o,th
erpe
rson
s,o
rbe
co
me
anu
iS'a
ll'ce
or
anno
yanc
eto
or
dam
age
or
inan
yw
ayin
terf
ere
witi
hth
epe
a.ce
and
com
fort
of
:adj
oini
ngle
ssee
sO
Tth
eoc
cupi
ers
ofad
join
ing
orot
her
land
sin
the
neig
hbou
rho
od.
13.l1
hele
ssee
shaH
not
subd
ivid
e,su
blea
seo
rot
herw
ise
part
'wit
h,th
epo
ss'e
ssio
no
fth
e'la
ndco
mpr
ised
inth
el€
aSe
or
any
.par
t il!
here
ofw
itho
utth
ew
ritt
en,a
ppro
val
of
the
Min
iste
rfi
rst
irad
'and
oibt
atin
ed.
14A
less
eesh
all
unle
ssex
empt
edth
eref
rom
un
der
sect
ion
69(2
)';'
pay
apr
escr
ibed
,ann
ual
grou
ndre
nt
:inad
V'aI
l.ce
not
late
rth
antJh
eth
iLrty
firs
tda
yof
Mar
chin
each
yea
rpr
ovid
edth
aton
exec
utio
nof
the
[lea
se,
the
less
eesh
aHpa
yan
yg
rou
nd
ren
td
ue
for
the
peri
oden
ding
thir
tyfi
rst
day
of
Mar
dhw
h1ch
shaH
beoa
loul
'ate
d·as
foll
ows
-(i
)w
her
eth
ele
ase
begi
nsto
subs
ist
on,a
nyda
yin
the
mo
nth
ofA
pf'ii
lin
any
oale
nder
yeaa
:,o
ne
who
leye
a,r'g
rent
;(i
i)!in
any
oth
erca
se,
one
who
leye
ar's
ren
tle
sson
etw
elft
hth
el1€
offo
re'
ach
com
plet
em
on
tho
ftJh
Jat r
en
tal
yea
rth
atha
sel
apse
dp
rio
rto
the
daJt
eof
the
gran
t.15
Ann
ual
gro
un
dre
nt
rese
rved
inth
eile
ase
shal
lb
eSU
bjec
tto
revi
sion
ever
yte
nye
ars
of
the
term
of1f
uele
ase
Wld
cons
eq
uen
tup
onan
yre
visi
on,
the
'am
ount
shaM
befia
:iran
dre
ason
·ab
leha
ving
reg
ard
toge
nera
lva
lues
and
noac
coun
tSl
halll
be
tak
enol
f:a
nyim
prov
emen
tsm
ade
byth
ele
ssee
to0'
1'on
the
lan
dsu
bse
qu
ent
toth
ed
ate
ofsu
chl'e
visi
on.
",
16U
pon
appH
cati
onby
fue
less
eem
ade
no
t lat
erth
ansi
xm
on
ths
bef
ore
expi
ryot
f,th
ete
rmof
the
leas
e,th
ele
ssee
shal
lbe
en
titl
edto
the
gra
nt
of
ane
wile
as,e
ofth
ela
nd
onte
rms
set
byth
eM
inJi
ster
prov
ided
the
'llan
do
rp
art
ther
eof
-isn<
Ytre
qu
ired
for
any
pubU
cpu
rpos
e.
Ren
t.
Ren
ewal
Ren
tre
visi
on
11
.·' .
· sU
bdiv
ide
Dat
e:,.,
,,.. ,
"..,
'"..
,,
,.,'.""
,' ..
Ih
ereb
yce
rtif
ytlh
rut t
he
appl
ioan
<tap
pea
rsto
*u
nd
erst
and
the
cont
ents
oif
Fo
nn
Aoo
dIh
e/S
heas
nam
edon
tlhi
s* a
ppU
cati
onh
asaf
fixe
dh
is/h
erle
ft/r
igJh
t th
um
bpr
in<t
<IS
reqU
Jire
d.
Sig
natu
reof
lapp
J.:to
anrt
or
Thu
mb
pri
nt
ofap
pllt
oant
No
te:-
If1t
ihe
appl
lio.m
tca
nnot
wri
tehi
sna
me
or
fill
intJ
hds
form
,so
me
oth
erpe
rson
may
doso
mak
ing
sure
that
the
ap
plic
ant'
sri
gh
to
r'le
fttih
umb
pri
nt
is'ar
rfix
edto
tlhis
ap
plic
atio
n.
~.J'
•
"'i
'
"
5 6
Ifu
rth
eru
nd
erst
and
Ioa~rans~
or
sell
this
allo
cati
onto
.my
per
son
and
that
thGommi~Ge
who
gra
nte
d1J
h!is
allo
oatiJ
o:n
,ret
aJns
tlhe
trad
itio
nal
rig1
ht
tore
voke
a!ll
or
par
tod
' th
isal
1ooa
tion
incl
udin
gilh
eri
glht
tode
roga
teo
rle
ssen
my
ri.~hts
olf
use
and
occu
p.at
ion.
Dat
e,...
.....",.
.....
,....
...""
,""
..'.. ,
I,
Cer
tifi
cate
1T
O:-
2N
ame
ofap
plic
ant
",..
,,""
"..
..'
..
addr
ess
od' a
;p.p
Uca
nt:
.,.
,...
....
....
...
..
Tel
epho
neN
o:-
....
.."..
....3
I 1(11
111
a/w
eare/ci>ti~en/sof
LeSQ
itho.
OR
I/W
eho
lda
per
mit
for
inde
fint
teso
jou
rn/r
esid
ence
gran
ted
un
der
sect
ion
6of
the
Ali
ens
Con
trol
Act
1966
asfo
llo
ws:
-Pe
rmi<
tN
o'
Dat
ed,
,'.',
.",'
..P
erm
itN
o.,
,,"".
Dat
ed".
....
,,
..O
R11
he'a
ppli
cant
com
pany
jco
rpo
rati
on
is'in
corp
orat
ed/
regi
ste
red
un
der
Leso
rtJho
law
and
deta
ils
end
ose
dar
eas
foll
low
s-(Ii
)a
cert
ifie
dco
;py
of
the
Cer
ti!fi
ioat
eof
Inco
rpor
atio
n/R
egis
tmti
onan
dal
soa
celt
ifie
dco
pyoJ
tJhe
Mem
ol'a
ndum
and
Art1
01es
ofA
ssoo
i'aU
on;
See
note
abov
e
Com
plet
ede
tail
s
App
lica
tion
for
ag
ran
t of
ale
ase
or
lice
nce
4U
the
appl
ican
tis
,abo
dyco
rpor
ate
esta
bili
shed
0'1'
regi
ster
edin
Les
otJh
o,pl
ease
pl'oV
1kle
the
foll
owin
gin
form
atio
n...:
.-(Ii
)N
ames
,ci
tizer
us1h
ipan
dadd
ress
e..s
Oif
the
offi
cers
olf
the
com
pany
empo
wer
edto
affi
xth
eco
mpa
ny's
seal
and
exec
ute
docu
men
ts/d
eeds
onit
s'be
half
.
, !';'1
J:J'
}.;'l
t,t:
~ .
~~H
I,.
'l(
I"
b;'.'
.l,
.t,'
!I"W;'.~I'"
.... "
Sig
llai
ture
of
pers
onw
how
itnes
S'ed
the
,"af
:fix!
ing
ofth
etih
umfb
pri
nt.
,,
THIR
DS
CH
ED
UL
E
(Sec
tion
5)
. '..
FO
RM
"B"
(ii)
. ..•
....
.•.
..
......
......
....
...
Add
ali
st(
cert
ifie
dco
pies
ofdo
cum
ents
evid
enci
ngth
eap
plic
ant's
rig
ht
toho
lla
nd
inL
esot
hoif
(i)
does
no
t'ap
ply
(iii
)'I1
hen
ame
'and
addr
ess
oft!h
edu
lyap
poin
ted
agen
tto
get
her
wit
ha
cert
ifie
dC
OD
Vo
f'h
ii~
rp.D'i,~h'rMl
I•
~
(Del
ete
any
pa
rto
f 1Jh
iisfo
rmw
hidh
does
not
appl
y)
No
te:-
If:t!
his
apP
lica
,tion
ref'e
rsto
land
in:-
(i)
anu
rban
area
,.iJt
shou
ldbe
addr
esse
dto
the
Sec
re
tary
,U
rban
Lan
dC
omm
itte
e,c/
o-
11he
Tow
nO
lerk
/Th
eD
istr
ict:
Adm
lini
stm
tor
ofth
euI
iban
area
oif t
own
conc
erne
d;(i
i)a
sele
cted
deve
lopm
ent
area
,it
shou
ldbe
ladd
ress
edto
the
Oom
mis
sion
erof
Lan
ds,
P.O
.Bi
Oix
876,
Mra
seru
100.
(Iiilli
)a
sele
cted
agri
cult
ural
area
,it
s'hoU
!l.d
bead
dre·
ssed
totJ
heM
inis
ter
of
Inte
rior
,p.
a.B
ox17
4M
asp>
rll1nn
(1i)
Wh
eth
eran
ysh
are
hOlld
ing
lisIh
eld
byLe
stO
tho
citi
zens
or
com
pani
esw
:hoU
yow
ned
or
oper
ated
byLe
so1J
hoci
tize
ns'a
ndth
eex
tent
0,[
this
shar
eh
old
ing
:-
u
pV
VY
C;.
LV
ildL
wH
ley
'11w
e{X
lmpa
ny's
offi
cers
are
not
Les
otho
citi
zens
'or
don
ot
hold
perm
its
ofin
defi
nite
sojo
urn
inL
esot
ho-
(Ui)
Par
ticu
lars
of
appr
opri
ate
pen
nit
s(c
opie
sto
been
clo
sed)
if}a
ndis
requ
ired
for
ape
tr<Jl
stati
on
:-
5If
,th
eap
plic
ant
isa
Com
mon
we,
allth
or
For
eign
Gov
ernm
ent,
or
isan
inte
mat
Ji'o
nail.
Org
ani\s
'atio
nem
pow
e.re
dto
hOrld
lran
d,ki
ndly
lSup
ply
the
nam
e,ad
dres
s'a
ndti
tle
or
offi
ceof
the
pers
onor
·re
pres
enta
tive
empo
wer
edto
exec
uJte
deed
s00
do
oum
ents:-
('iv)
......
...
Pro
pose
din
vest
men
tam
ount
and
deta
ils
ifex
pend
itur
e01
'th
isam
ount
isto
bepl
hase
dw
ith
info
,rmat
bion
abo
ut
nom
inai
l.ca
pita
lan
dpa
id-u
poa
pita
lto
be
'inve
sted
:in
Leso
tho
:-
(v)
Are
,em
ploy
men
top
port
unit
1es
tobe
mad
eav
aila
ble
toL
esot
Jho
cit'i
zens
and
'ifso
deta
ils
of
tJhe
sew
ith
're·g
ard
toan
yco
mm
erci
alo
rin
dust
rial
unde
rtak
ing:
HH
H...
......
...
(vii
).I
fth
eanl
Sw
erto
(v-i)
isin
the
IGllf
firm
ativ
eW
I.'1e
ther
the
orpe
-rat
Lons
0'£th
eun
dert
akin
gha
vece
ased
and,
Mso
,
Pur
pose
tow
hic
hth
eap
plic
ant
will
pu
tth
ela
nd
6P
urpo
sef,o
rw
hidh
Iland
isre
qu
ired
and
~ive
ade
scrt
i.ptio
o.o
tth
epl
otas
adve
rtis
edw
ith
refe
renc
eto
tJhe
Adv
erti
sem
ent
Not
iJC
e:-
(i)
Lan
dus
epr
opos
ed:
...
(rii.
)P
lot
No:
HH
Tow
nof
:..
(iii
)A
dver
tise
men
tN
otic
eN
o:..
(iv)
Lea
seo
rli
cenc
ere
quL
red:
.. H.
7W
het
her
the
appi
liica
ntw
read
yIh
olds
righ
tsto
oth
eru
rban
land
!inL
eso1
iho
prov
idin
g'de
tJai
llsto
iden
tify
the
land
alIld
the
1and
use
purp
oses
alre
ady.
g;ra
nted
:;
,
(vi)
Wih
ethe
: th
eap
pli:o
ant o
ro
ther
oom
pani
esas
soci
ated
wit
hth
eap
plio
ant
has
/hav
ehe
lldf'i~hJts
tola
ndat
any
tim
eto
r-s
imH
ar'la
ndus
epu
rpos
esin
Les
otho
or
else
wlh
ere
pro
vidi
ngde
'taiJ
sw
here
neo
essa
ry:-
b~
'.
8(i
)B
an'k
e-r's
refe
ren
cei..s
tohe
prov
ided
tLfth
epr
opos
edde
ve
lOlp
men
to
f1:J
hela
ndUs
for
c()I
ffim
erci
aJI,
indu
stri<
aJl
or
hous
ing
esta
tepu
rpos
'es
and
the
nram
eso
fth
eap
plic
ant's
ban
ker
sbo
tJh
rinan
dou
ts'id
eLe
sortJ
hoa'
reto
be
give
n:
wh
y:-
,P
,H
'..
Dat
e:S
ign
atu
reo
rS
eal
ofA
ppli
cant
TH
IRD
SC
HE
DU
LE
(Sec
tion
17)
FOR
M"C
l"(i
i)P
arti
cula
rsof
.any
reco
mm
enda
tion
wh
ich
may
have
bee
nob
ta:i'
lled
fro
man
yG
over
nmen
tM
inis
try
drf<t
he!:a
nd'r
e-
qu
ired
Usfo
rcomme~cial
or
indu
stri
alpu
rpos
es:
..
Cer
tifi
cate
ofal
loca
tion
(Non-re-~istrableti
tle-
Rur
alA
rea)
*de
lete
whe
reap
prop
riat
e1
Thi
sis
toce
rtif
yth
at.
.··
···
...P
..N
ame
0al
l-ot
tee
Dai
teS
tam
p
witJ
han
. are
?of
abou
t..
..H
....
....
...
HH.
for
the
purp
ooe
of
.2
Ask
etch
pLan
or
map
ofbh
ebo
unda
ries
of
tJhi
s*
lan
dis
/is
no
tat
tach
edan
dth
el1
a1lld
"sdi
men
sio!
Ils
mea
sure
asfo
Jlo
ws:
-....
..
Ad
dre
ssof
allo
ttee
ED
ter
per
iod
of:y
ears
ifap
plic
able
t Des
crib
eth
ela
nd
En
ter
situ
ati
ono
fli
and
App
roxi
mat
ear
ea
En
ter
pur
pose
Le.
the
appr
oved
use
Att
empt
;to
mea
sure
the
b<>u
ndal
"ies
1I .;
I
Inse
rtna
me
ofw
itne
ss
"
olf
.hr
ashe
em.
gI1a
nrt:e
dan
allo
cati
onof
land
whi
ohal
low
s:th
eal
lo
ttee
witJ
hef
fect
fro
mtJh
ed
ate
of
tJhJis
cert
ific
ate
tour
seo
rto
ure
an
doc
cupy
for
year
s.T
he
land
know
nas
anu
sttu
aJte
d.a
tH..
....
....
....
...H .
. H...
.H
..
3'Ilh
JiJs
allo
cati
onof
lan
d.c
anno
tb
etr
ansf
erI"
ed,
sold
,gi
ven
away
or
Ilea
sed
toan
y'O
ther
pers
onan
don
the
dea
thof
the
aJl.l
o:tte
e,*
his
/her
Jlaw
ful
spou
sem
ayc(
)Il1J
tinue
tous
e,a
ndo'
Ccu
pyth
isla
nd
un
til* !
his/
her
ow
nde
artlh
.
Sig
natu
rea
fO
hair
man
•r:
~~~~'~~.~~
..~~::
::::::
::::; .
'Si~m;Ii:;;be~
TH
IRD
SC
HE
DU
LE
'8(S
ecti
ons5~
4)&
17(1
))
FO
RM
"C2"
£01'
the
pu
rpo
seod
'.
2A
s'k.e
tdh
ptLa
no
rm
apor
[th
e'b
oen.
dari
eso
fth
isla
nd'"
is/i
sn
ot
atta
ohed
and
the
Ilan
d's
dim
enSl
ions
mea
sure
asfo
illo
'ws:
-
3B
yo
per
atio
nod
' 'la
w,
th'h'
3'a
lloc
atio
nof
lan
dsh
ail.l
conv
ert
toa
leas
eo
f 'la
ndup
onth
eal
lott
e,e
,app
lyin
gw
ithi
nla
peri
od0J
f six
mon
ths
ofth
ed
ate
ofal
loca
tion
Le.
the
date
ofth
isce
rtif
icat
e,to
the
Com
mis
sion
erof
Lan
dsfo
ra
leas
ean
dup
onfu
ilur
eto
appl
yfo
rth
ele
,as'e
wit
hin
this
per
iod
of
siix
mon
1ilis
or
any
exte
nd
edp
erio
dth
is'al
liloc
atiQ
nof
lan
dsh
all h
eof
no
effe
ct.
4C
onV
'er,s
ion
ofrtl
his
lrul
loca
tion
toa
1eas
eo-
ecur
sw
her
eth
ela
nd
use
O'f t
he
allo
caH
onof
'1Jan
dlis-
(a)
for
com
mer
da!l
or
ind
ust
rial
p1lr
pos'
es;
(b)
fO<l:
purp
oses
of
,an
'a:c
cles
iast
ical
,be
nevo
lent
,ch
arit
able
or
educ
atio
nal i
nst
itu
tio
nof
publ
icch
arac
ter;
(c)
for
pu
rpo
ses
of
aIh
ospi
tal,
clin
ico
rdi
spen
sary
;-(
cl-)
fer
rcol
iaem
iJal
l P'lu'1?~.
(e)
f.or
sud
ho
ther
pu
rpo
ses
,as
,1Jhe
Min
iste
ro
fIn
teri
o,r
may
,by
ord
er,
deol
'are
.5
'Db-
is;a
Hoc
atio
nof
lan
d'c
anno
tb
etr
ansf
'err
ed, s
o,ld
,gi
ven
away
orII~sed
to'a
nyo
ther
per
son
unle
ssa
'Sub
stit
ute
l,eas
eof
the
lalll
db
asb
een
l'eg
iste
red
'and
on1J
hed
eath
of
the
allo
ttee
bef
ore
the
leas
eis
sues
,tih
isg
ran
t det
erm
ines
.6
Ao
op
yo
f 1Jh
JisF1
0rm
"C2"
has
bee
nse
nt
toth
eC
Oil:
nrni
ss-io
'l1er
ofL
ands
.
Dat
eS
tam
p
Sig
nat
ure
of
Oha
irm
anW
itne
ssed
by
. .'H
....
...H
.·.
Inse
rtI
ofw
itn
Sig
nat
ure
of
am
emb
€r
QI!
cxvb
n1-
~.f!!
'LU
ll]
('A.
i'il
lii+
_+.~
A/1
0CS
TH
IRD
SC
HE
DU
LE
(Sec
tion
s5
(4)
&(2
7)
)
~
"1am
ecif
lllo
ttee
\.dd
ress
of
tlLot
tee
. ),
?'iQ
'j:r
..,
Cer
tifi
cate
ofal
loca
tion
(Reg
tstr
able
,tit
le-R
ural
Are
a)* d
elet
ew
(her
eap
prop
riJa
te1
'llhi
s:is
toce
rtif
yth
at.
H...
......
....H
....
of
has
bee
ng
ran
ted
anaU
ocat
ion
ofla
ndw
hich
aJ1.
low
sth
e'<1
1101
;te
efo
ra
pe:rt
i.od
only
<Xf
six
mo
nth
sfr
om
the
dat
eo
fth
isce
rtif
ioat
eto
use
and
tous
ean
doc
cupy
the
lan
dkn
own
as
and
situ
:art:
edart
: ..
wi.rt
fu. W
l'a
rea
ofab
ou
t'H
".
1
FOR
M"C
3"C
erti
fica
tere
lati
ngto
agr
ant o
fti
tle
inan
Urb
anA
rea
>I<de
fl.et
ew
fher
eap
pro
pri
ate
Th!i.
sis
to'c
erti
fyfu
at..
H..
....
. ....
......
...H
......
...
H.
'1\T
...._
_-~
*
6....clUL.~
,.J
,../; 2
*3
has
b€eI
lg
ran
ted
*ale
ase/
ali
cenc
ean
dev
iden
ceof
this
titl
ew
HI
be
issu
edb
y1:J
heC
omm
issi
oner
od:
Lan
dsin
the
nea
rfu
ture
.
* 'D
his
leas
e/lk
ence
wiH
be
ofla
ndkn
own
'asp
l6t
No.
.si
tuat
edin
bhe
Reg
istr
ruti
onD
iStr
ict
Off
.in
tJhe
Tow
no
rU
r.ba
nA
rea
..
(1)
Th
ele
ase
wil
lb
esu
bje
ctto
the
Sta
tuto
ryC
ondi
tion
spr
ovi
ded
in1:J
heL
and
Act
1979
tas
weN
astJ
heo
ther
cond
iiti
on
ssp
eaii
ied
inei
ther
tJhe
Not
ice
adve
rtd.s
Ung
tJhe
plot
or
tJhe
Not
ice
ofIn
vita
tion
tote
n<ie
rand
befo
lfe
exec
utio
no
fth
ele
ase
docu
men
tth
ein
tend
edle
ssee
wiH
be
requ
ire
dto
pay
the
Com
m.i
ssio
ner
of
Lan
dsth
efi
rnt
yea
r's
g.ro
und
ren
t(i
fan
y),
any
pre
miu
mas
·ses
sed,
stam
pdu
tyan
dre
gist
l'aib
ion
fees
.(2
)T
he
pu
rpo
seof
tJhe
leas
ew
Nl
be
.
*(a
)in
refu
sin
gm
eth
eg
ran
to
fti
tle
bei
ng
anal
lloo
atio
nof
lan
dfo
rW
'hid
hI
laip
pliie
din
wri
ting
ri:nre
spec
to
fla
ndk
no
wn
as..
....
....
....
....
....
..si
tuat
edat
...
OR
(b)
tore
voik
Je*
par
to
rIw
illof
,any
laJl
looo
tiolfi
of
land
hel
db
ym
eeit
lher
un<
ier
Oer
tlii
ioat
eo.
fA
lloiO
atio
nN
o.d
ated
...
or
law
fuli
lyb
ut
wl.i
:thou
tev
iden
ceor
i aw
ritt
enC
erti.
ifio
ate
of .
Mlo
ooti
on.
2M
yre
aso
ns
for
1:JhJ
isar
ppe'a
!ar
eas
foU
ows:
-
Dat
ed:-
-
.'. ("":
';'
I
.)
~:~!;
f~~~
;flt
.
and
tJhe
term
of ,
tJhe
1res
ew
illb
e..
....
year
s.O
R*3
'l1he
lice
n:ce
wil
lb
esu
bjec
tto
the
unde
rmen
tJio
ned
cond
itio
nsan
dis
dete
rmin
abU
Jeo
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