Ce décret modifie les dispositions des articles R 371-3, R 371-4, R 371-7,-8,-9 et -10 du Code de la construction et de l'habitation, relatives aux conseils départementaux de l'habitat dans les départements d'outre-mer.
These Regulations provide for the establishment of Land Allocation Committees in every district authority, every urban authority and at the Ministry responsible for lands. The functions of these Committees shall be to allocate land at various administration levels in accordance with specifications given in regulation 9. The Regulations further provides for the composition of committees, meetings, accountability, etc. An applicant for land allocation aggrieved by a decision of a Committee may lodge an appeal with the District Land and Housing Appeal Tribunal. (14 regulations)
These Regulations make provision with respect to the allocation of land through auctions and tenders. Prime residential, commercial and industrial land shall be allocated in transparent manner such as and open tender or auction. Local governments shall advise the Commissioner for Lands on the areas that may be made available for tender or auction. In addition the Minister responsible for lands may direct that land shall be made available for allocation in such manner. Regulations 5 to 12 regulate procedures of auctions. Regulations 13 to 21 regulate procedures for tenders.
Dispositions, in the meaning as described to it by the Land Act, 1999, and specified in regulation 3 (including assignment of a right of occupancy, partition of lands, creation of an easement, and sale) shall require the approval under the Act. Regulation 4specifies dispositions that do not require approval. A holder of a right of occupancy or the intended assignee of a mortgage shall apply for approval of a disposition in accordance with regulation 4. (4 regulations)
Implements: Land Act, 1999 (No. 4 of 1999). (1999-05-15)
These Regulations specify delegated functions, being the function of the Commissioner of Lands, of specified officers, in the sense of section 2 of the Land Act in First Schedule and in addition to those functions the authorized officer shall perform functions as set out in the Second Schedule. Other provisions concern motivation of decisions, conflict of interests, and hold authorized officers answerable to the Commissioner. Functions include approval of dispositions.
Implements: Land Act, 1999 (No. 4 of 1999). (1999-05-15)
These Regulation provide for claims of compensation of land or "unexhausted improvement" to be paid by the Government. The assessment basis shall be the market value of the land and certain allowances may be granted: Compensation for loss in any interest in land shall include the value of unexhausted improvement, disturbance allowance, transport allowance, accommodation allowance, and loss of profits.
Implements: Land Act, 1999 (No. 4 of 1999). (1999-05-15)
In the process of setting ceilings on land regard shall be had to land use, location, feasibility study, proven ability of the applicant to the develop the land. Every local authority shall submit to the Minister responsible for lands proposals for land ceilings for its area in accordance with regulation 4. Before submitting the land ceilings, the local authority shall invite interested persons to submit proposals on land ceilings and commission a feasibility study. Procedures for decision making on land ceilings are outlined in regulation 4.
These Regulations provide for various aspects relating to claims of compensation. They shall apply to all applications or claims for compensation against the Government or local government authority or any public body or institution under the Act. Regulation 4 specifies who may claim compensation. The Land (assessment of Value for Compensation) Regulation shall apply to any claim or application for compensation by any person occupying land. The Commissioner of land shall cause a notice to be served on any occupier requiring that occupier to submit claims.
These Regulations provide for the composition of the National Land Advisory Council, the election of a Vice-Chairman (the Chairman is appointed by the President), tenure of appointment and exercise of functions of members, meetings of the Council, annual estimate of expenditure and other financial matters of the Council.
Implements: Land Act, 1999 (No. 4 of 1999). (1999-05-15)
These Regulations provide for conditions, to which the right of occupancy as defined in the Land Act, 1991 is subject. The Commissioner of Lands may impose those conditions pursuant to regulation 3, but they shall not be inconsistent with the Act. Other conditions are specified by these Regulations, such as demarcation of boundaries, protection of beacons, application for building permits on urban or "peri-urban" land, etc. Regulation 7 specified conditions of use of agricultural land held in occupancy, regarding cultivation. Regulation 8 concerns the right of occupancy for pastoral uses.
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