Land Authority Act of 2016

"AN ACT TO AMEND TITLE 12, EXECUTIVE LAW OF THE LIBERIAN CODES OF LAW REVISED AND TO ADD THERETO A NEW CHAPTER CREATING THE LIBERIA LAND AUTHORITY" APPROVED: OCTOBER 5, 2016 PUBLISHED BY AUTHORITY . MINISTRY OF FOREIGN AFFAIRS MONROVIA, LIBERIA PUBLISHED: OCTOBER.5, 2016 I I ... ,,..---- -- ...... ... ~"" An Act to Amend Tttle 12, Executiv•e Law . of. the Liberian Codes of Law Revised and to add thereto a . ~,n,,.~v Chapter creating the Liberia Land Authority 1 An Act to Amend Title 12, Executive Law of the Liberian. Codes of Law Revised and to add thereto a new Chapter . creating the Liberia Land Authority 2 l f ' ! ' l , , ~· J .... t! ·: ' ,;./ c.; · PARTJ ... PRELIMINARY PRO¥.ISIONS, 1,0 Pre1>mble WHEREAS, Chapter 10, Article 89 - "Autonomous Public Commission'' - of the Constitution ·of Liberia (1986) empowers the Legislature to enact statues for the creation of Agencies as ntay be necessary for the effective operation of Government; COGNIZANT THAT Chapter 3, Article 22(a) of the Constitution of the Republic of Liberia (1986) provides that every person shali have the right to ·own property alone as well as in association with others provided that only Liberian citizens shall have the right to own real property within the Republic; RECALLING THAT the issues of land rights, administration, management, sale, possession, occupancy, control and distribution of1and have posed major challenges for the peaceful post war Liberia; NOTING THAT a Land Commission with a mandate to propose refonns of land policies and land laws was created by the Act of the Legislature and approved August 11, 2009; RECOGNIZING THAT despite progress made by this Commission in fulfilling that mandate, there is fragmented governmental authority over land that po:;,es ·significant challenges at implementing reforms; REALIZING THAT it is important to create an- autonomous agency with a comprehensive mandate on land matters and broad authority to foimulate and implement laws, policies, regulations, and programs relating to land; NOTING ALSO THAT the responsibility for land matters is now removed from the various agencies and transferred to a one-stop center, named. and styled the Liberia Land Authority with. a comprehensive mandate and br~ad implementatian .autho:P,ty over land matters, NOW THEREFORE, it is enacted by the Senate and House of Representatives of the Republic of Liberia, in Legislature assembled. · 3 Z.0- Creafioo. m-d Short Title 2.1 2.2 3.0 Creation of Authority That from and immediately upon the passage of this Act, Title 12, Executive Law of the Liberian Code of Laws Revised,. is hereby amended and added thereto ·a new Chapter creating the Liberia Land Authority; Short Title: This Act shall also be cited as the ''Liberia Land Authority Act of20!6." Definitions and Interpretation For pwposes of .this Act, the following words or phrases shall have -the indicated meanings· set forth below: 3.1 Authority: The Liberia Land Authority created by this Act. 3.2 Chairperson: Means the Chairperson of the Commission of the Authority. 33 Board of. Commissioners (Hereinafter referred to as COMMISSION): The Governing· body of the Liberia Land Authority composed of five (5) members appointed by the President with the consent of the Senate: . 3,4 Commissioner: Membe~ of the Commission ?fthe Liberia Land Authority. 3.5 Concession: The grant of an interest in a public asset including Government Land and Public Land (and on Customary land, prior to the Eff,;ctive Date of the Land Rights Act) by the Government or its agencies to a private person: or entity for a specified period during which the asset may be operated, man:a.ged, used~ utilized or impro yed by the person or entity who pays defined consideratiop.(s) to the Government and under such ot..h.er conditions as provided in a wri~n .agreement. 3.6 Customary. Land: Land owned by a community aJJ,d used or :maf!.aged in accordance with customary practices and ·norms, which may include, but is not limited ·t(): wetlands, communal forestlands, and fallow lands. 3.7 Deed Registry: The office controlled by the Re.gistrar of Deeds as established by Sedion 81.10 of an Act.to Ainend the New Executive Law to Create an Autonomous Bureau to be knovvn as a Center for National Documents and Recnrds and to Repeal Other Laws in Relation thereto of 1977 o'r as modified by·subsequent legislation or regulation. 3.8 · E,minent Domain: 'The right of the Government to expropriate Customary Land or Private La:D.d in accordance with Article 24 ofthe Constitution and any laws enacted or policies adopted pursuant thereto. 4 I r J 3.9 Gazette:.· Publication of the -Gove~ent of Liberia tbfough which- -it communicates messages of national importance to the general public. It contains information of a legal, administrative and general nature. . . 3.10' Government:. The State as the sqvereign Republic of Liberia or govei:-nment entities acting as.the representative or agent of the State. 3.11 Government Entity: A legal· entity owned, managed, or controlled by th~ Government, including all branches of Government whether at the national, county, or district levelst such as any ministries~ hureaus, commissions, 'institutions, authorities, . organizations, enterprises, cities, townships, or parastatal bodies. 3.12 G1>vern~ent Land: Land owned by the Government, including but not limited to lands on which are 'located: the offices of ministri,es, agencies, and parastatal bodies; military bases; roads; ports; airports; public schools and public universities; public hospitals and public clinics; public libraries and public museums; public · utilities; .and ports. ·Government Land also includes Government Protected Areas arid Proposed Protected Areas as of the Effective pate of this Act, which are deemed owned by the Republic of Liberia and must be· conserved and managed for the benefit of all Liberians. 3.13 Immovable Property: An-object, item, or asset that cannot be moved without destroying . or altering the object, item, or asset, including, but not limited to, land or buildings. . '.3;14 Land: Means the unmovable portions of the. earth's surface -,,..-hlch generally consists· of the soil and any space above the soil that is needed for the constructi on and/or use of any building inclusive of attachment by the possessor or occupancy of the land. 3.15 Land Administration: Refers to the processes ·Of recording and disseminating information· about' the location, ownership, value, and use of land and its associated resources. Such processes incl:ude the determination (sometimes known as the· "adj~dication") -of rights and other ?J.ttributes of the land; the su·rvey, mapping, and description of these parcels of land; heir det~iled documentation; and -the provision of relevant information such as valuation and l and use in support of land ·markets: 3.16 Land · Commission: The Government Entity · established .- p':1I's uant to the L~d Commission Act of2009. 3.17 Land Governan~e: Concerns. the policies, laws and regulations, processes, and institutional structures through which-decisions are made about access to land and its use, · the manner in which the decisions· are implemented and enf~rced, and the way that competing interests in land are managed. 3.18 Land Informati~n System: A database containing ~ea-referenced land-related data for all of Liberia as well as the procedures for the systematic collection, maintenance, processing, and distribution of the data. s · 3.19 Land Management: The process of managing the use.and development (in both urban and rural settings) .of land· resources. It coVers all activities concerned 'With Lile nianagement of land as a resource both from an environmental and from an economic perspective. · It can include farming, mineral extraction, beach. w~ter.front, and ~etlands management, property and estate manageinent, and the physical planning of tovms and the countryside. · 3.20 Land Registry: The Land Register a.s established under Sectioµ· 8.71 of the Registered Land Law or as modified by subsequent legislation or regulation. 3.21 Lease, Means to grant to a person· or group of persons the right to possession and use of the land of another in return for rent or other consideration. 3.22 Moveable Property: An object, item, or asset that can be. mqved without destroying or altering the object, item, or. asset,· including, but not limited to, furniture, electronic equipment, and office supplies. · 3.23 National Cada:stre:· An up-to-date record of all land in Liberia containing a geo• reference;d desc.riptiOn of land parcelS and the nature of the interests in the parcels, as well as otb.er relevant information. 3.24 National Consultative Forum {NCF): A Forum established and composed of relevant stakeholders to discuss the affairs· of the Land Authority and make appropriat-e recommendations. 3.25 Park: An area of Public Land set aside for the preservation an d public enjoyment of features that ha"'.e outstanding natural I?eauty, or cultural or biological significance. 3.26 Private Land: Means the Land that is owned or otherwise held by private persons under the pro Visions of thi~ Act and other applicable laws of Liberia. •. I I f 3~27 . Protected Area: Means any area set aside under Chapter 9 of the National Forestry Refonn Law as a National Forest, Nature· Reserve, Natio.ti.al Park, Strict Nature Reserve, or oth~r ?PeciaJ, category for Conservation purposes. . · f · 3.28- Public Authority: Means anybody, agency, or authority established by or under any writt~n law to pe-rforrn. or discharge any public function. 3.29 F°ublic Land: Means the land which is not presently used by the. Government for its · facilities and operations and is also neither private land nor customary .land. 3.30 Reserve;. An area of Public Lfilld possessing outstanding or representative features, ecosystems, or species, set aside primarily for scientific research or en:vironmentaI monitoring, and requiring strict protections and minimum public access. 3.31 Stakeholder Entity: Means the government, employer, and ·an officer of the Author:i.ty. 6 ·,,,-f··, <iL 1'ARTII LIBERIA LAND AUTHORITY 4.0 EstabliBhment of the Liberia Land Authority 4.1 That fro;n and imme4iately upon the passage of this Act, there is hereby established the Liberia Land Authority; 4.2 A Commission shall pe the governing body of the Liberia Land Authority; 4.3 The Authority shall be a body corporate with perpetual existenoe and a common seal; 4.4 The Authority shall be capable of suing and being soed, enter into contracts, holding, purchasing or otherwise acquiring · and disposing of any moveable and immovable property for purposes of or in. the course of carrying out its functions; 4.5 The Authority .shall be capable of doing or performing all such acts as a body corporate · may by law do or perform; 4.6 · The Authority has the power and capacity ·of an individual of full legal capacity; 4.7 The Authority is not organized for and as such, must not be.operated for profit; 4.8 The Authority must have a common seal and such seal may from time to time be broken, change, altered or made anew as the Authority thinks fit. 4.9 All deeds and other documents requiring the seal of the Authority shall be sealed with the common seal of the Authority; · 4.10 All courts, judges and persons acting judicially shall take notice of the imprint of the · common seal of the Authority appearing on any -document and sha:11 presume that it was duly fixed; . 5.0 Independence of the Liberia Land Authoriiy 5.1 The Authority shall be an autonomous agency of the Government, operationally independent and generally free in pursuit of its mandate. 6.0 Ol'fices of the Liberia Land Authority 6.1 The Authority shall maintain its principal office at a convenient locatjon in or near the City of Monrovia, Republic of Liberia; . · 6.2 The Authority shall have a branch <>ffice in each county and in such other places as are necess.ary for the proper conduct ofbu.siness. 7.0 Mandate of the Liberia Land Autliority 7 7.1 The primary mandate of the Authority shall be to develoJ;> policies on a continuous basis, undertake actions .and implement programs in support of land governance, including.Jund admiJJistration and management. 8.0 Functions andPowers of the Liberia Land Authority· 8.1 Without prejudice to the generality of 7. I above, the land governance functions of the Authority shall be to.,. · a, Control and manage effectively, impartially, and in the interest of equitable development, access to and use of Public Land and· Government Land, except Reserves, Protected Areas, Proposed Protected Aress, and diplomatic missions, as of thi; Effecti¥e Date of this Act, and Reserves: · i, hold and manage all unallocated Public land on behalf of the Liberian people; ii. compile, and maintriin an up-to-date inventory of all Lands within the Republic; : iii. allocate such land to government entities. national and toe~. for their use in perforro~e .of.the}r. public. !esporµib$.ti{l.S:i. iv. in collaboration :with all relevant Government agencies, -ensure that such government entities use that land appropriately and effectively and, where the land-using government entity is informed of a sCJ:ious failure on its part in tlris regard and fails to remeQ.y that failure within a reasonable time, resume control of that land; v. with the prior written ~pro val of the President, sell -or otherwise alienate· such land, ·consistent with the provisions of the Land Rights Act; vi. ensure that all funds from the sale or alienation of such land is deposited directly by the buyer into. the general revenue account .of Government for appropriation by the National Legislature. vii. Ylll. allocate such lru;id to conservation purposes, in parks or reserves, ·and propose anynee.ded·adjustmen~jn existing.commitrn!!Ilts·ofl3Ild to those pmposes; ·. allocate such rublic Land for concessions, working in close coordination with the relevant and 3.ppropriate ministries, agencies or other Commissions; .ix. establish and revise frorn time to time, by publication in the Gazette, charges for the·use of public land wbicli charges or re;uts shall be collected by the Liberia Revenue Authority and deposited into the general revenue account of . Government for appropriation by the National Legislature. b. Pramote, support, and ensure the·development of land use plans and zoning schemes and their i;nplementation through municipalities, towns, and other· local government structi~es; 8 " ' . L c. Adjudicate disputes arising in the context of systematic land registration which have not been successfully mediatf:d in. accordance with the Administrative Procedures .. Act· ' . d. Implement programs to. support implementation of property rights .in land; and in particular, programs for the security of tenure of those holding land under customary rights; · e. Administer tho deed registry and land registry systems, implementing the reievant laws and registering all land transactions and successions required by law to be registered; ' f. Establish standards and regulate survey and mapping services in the Country; g. Administer public survey and mapping services, and the national cadastre; and promote and regulate the proper development of the private surveying-profession; and therefore under no condition shall a surveyor or other staff of the Authority engage in the survey of private· land or in the survey of communal land-in a private capacity; h. Value land snd buildings for the Authority's land registry systems, in collaboration with the relevant agencies of Government and which valuation may be u sed for taxation and other purpo ses; 1. Create and administer 1 or cause .to be created and admi:nistered, an accurate and complete database of all landholdings and rights in land' in Liberia and seek to ensure · their integration into broader databases such as a Lan4 Information System database; : j., ·Produqe and sell, on a colllll?-ercial basis, maps ofland and landholdings; k.· · Provide to the public on request information on land holdings and interests in land, which shall be public information under.the Freedom of Information Act of 2010, subject to sucl!, charges as niay be necessary to cover the cost of such provision; 1. Initiate research and implement programs for improvement ·of land governance· and . related matters; m. Is Sue and publish in the Gazette from. time to time notices prescribing the fees to be J?aid for the Authority7 S services; · · n. Advise the President on needed changes in the policies and laws governing land rights, and land governance, including land administration and management; . . o. Cooperate with other relevant stakeholders wit)l regard to all matters relating to. 1£nd governance, including land administration and management. 9 I I I PART DI THE N'AT[ONAL CONSULTATIVE FQRUIW (NG~) OF Tffi1 .. AUTHORITY . 9.0 Establishment of the Nation.al Consultativ~ Forum 9.1 There is hereby established a National Consultative Forum which shall constitute a fixed number of Ministcies, Agencies and the -Civil Society represent~d at the highest level 10.0 Functions of the· National Consultative Forum 11 10.1 The:NCF shall be responsible to discuss the.affairs of the Authority and make appropriate recommendatj ons to tile Commission of the Authority. 11.0 Appointment and Composition of the National Consultative Forum 11.1 Members of the NCF shall be appointed by the President on the 'basis of their integrity and relevant professional and practical experience in matters· involving and affecting land, and shall consist of: · a. The Ministers of Ministries or lieads of agencies responsible for agriculture, forestry, concessions~ mines and ·energy:, internal affairs, commerce and industry, transportation, revenue. authority, finance and development planru.ng, justice, ge·ndtr, children, and social protection, and environment; b. ·One representative -of each C~unty Land Board; which· representation shall re.fleet the needs of men arid women in the land sector; · c. Representatives of civil society bodies working in cadastral surveys, .J.and valuation, the legal profession, fanning, commer:ce and trade) banking, mining and energy interests and oth~r land sector civil society groups nominated by their organizations; d~l1 Two .representatives nominated by ·N~Os/CSOs plc!-ying ~ubl1c ad~ocacy and ·1 development facilitation roles in the land sector, and whose nominations are accepted by the Liberia Land Authority; . . e. The Chairperson of the Commission of the Authority, as a non-voting member. 11.2 T~e Executive Director of the Authority shall serve as the Secretary to the NCF." 12.0 Meetings of the National Consultative Forum ("NCF") 12.1 The NCF shall meet' at least once every six months at such places and time~ ·as the Chairperson may determine or as the result of a petition signed by at least om>-t.hird of -the ·statutory membership of the Commission; · 12.2 An ordinary meeting of the NCF may be convened after a written prior notice of at least seven. claY,s to the members; · 12.3 The Chairperson may cause an extraordinary meeting of the NCF to be convened at such place antj. time as may be reasonable, or upon ~ecial request of the Auth01i:t)'; provided 10 f .f I [ l r r . I I } J l . f · I ·1 . J i l l I . l l :rl '] I ill i s1 that ibis shall be done upon the written request of at least 5 II1embers, .in wbic;h case, the extraordinary meeting must l,e held within 5 aayiq.f receipt of such request; 12.4 The Ch,;.person, or in the absence of the. Chairperson, the Vice-Chairperson, shall . · preside at meetings of the NCF; 12.5 A quonnn ·of any meeting of the NCF shall be one half of the total membership, and decisions shall be by general consensus of at least.two-thirds of those members present; 12.6 12.7 12.8 13.0 13.1 14.0 14.1 14.2 15.0 . 15.1 16.0 16,1 16.2 In the absence of both the Chairperson and Vice-Chairperson, the members present and fomtlng a quorum shall elect one of the members to preside· over a meeting of tho NCF and the member so elected shall exercise all the ordinary powers and perform all the duties of the Chairperson during the meeting; · Subject to this Act, the NCF may set its own rules and guidelines for meetings; Minutes of each meeting of the NCF shall be kept by the Secretary, shall be subject to approval at the succeeding meeting, and shall be a public document. · Validity of Proceedings of the National Consultative Forum Subject to Section 14.1 below, the validity of any act, decision or proceedings of the NCF shall not be affected by any vacancy among the members or by any defect subsequently discov~red in the appOin:tment of a member or by reason that some pq:son who was not entitled to do so took part therein. · Invitees to National Con:sultative Forum Meeting The NCF may, in its discretion by majority vote, at any time and for any length of period, invite persons to attend any meeting of the NCF for the purpose of assisting or advising the NCF in respect of any matter under consideration by the NCF; A person invited pursuant to subsection 14.1 may take part in the deliberations of the NCF without the·right to vote. PART IV COMMISSION OF THE AUTHORITY Establishment of the Commission That from and immediately after the coming into force of this act, there shall be . established a COMMISSION fur the Authority, which shall be the governing body of the Authority. Composition and Appointmellt of Commissioners The COMMISSION shall be comprised of five (5) Commissioners, .including a Chairperson and Vice-Chairperson to be appointed by the President with the consent of the Senate. All . Com.missioners shall serve . the Authority on ·a full-time basis. Commissioners shall be appointed on a non-partisan basis and shall be selected for .their integrity and impartiality; their selection shall reflect regional and gender consideration, Wlth the provision that no two commissioners shall come from the sanie county. 11 1 I I I I I I i I I, ' t~.3 From end immediately after coming into force of this Act, the President shall.nominate, and subject to Senate Canfumation Hearing, appoint alI the five (5) Commissioners. HoweveJ:", the tenure of the Commissioners-shall be staggered in line with the provision .:s:no ez:t::t2'.'1\C()ntained in Section 17.l be~ow. · · 17.0 Term of Office Of Commissioners 17.1 The ChaiJ:person and the Commissioner with IIlf/lldate over Land Administration may first hold office for one term of 5 years each; the Vice°Chair, who shall have mandate over ·Administrative and Customer Servic~s, and· the· Co~ssioner .with mandate over Land Use aod Management, shall first be appointed for a term.of four (4) years each and the fifth Commissioner .with mandate over Land Policy and Planning, shall first be appointed for a term of three (3} years, 17 ~ All subsequent appointments of Commissioners shall be for terms of five (5) years each. 17.3 A Commissioner may be reappointed to .the Commission, but not for more than two (2) consecutive terms of five (5) )lears each. 18.0 Mandate of the Commission . 18.1 Tue mandate of the Commission shall be to formulate laod policies, laws and programs through broad consultations with relevant stakeholders, .and implement related programs and activities to ensure effective land governance, including land administration and management 19.0 Functions .and Duties of the Commission 19.1 The functions and duties of the Commissi~n shall be as prescribed under subsection 8; 1 of this Act. · 20.0 Powers and Authority of the· Commission :W.1 The Commission shall e xerciS:e such powers and authority as are necessary for the fulfillment of its mandated duties and functions as provided in this Act. 20.2 In addition, the Cominission may: a. Direct the Executive· Director to furnish it with any · infOrmation. reports or other f I documents which the· Cornmissi0ners consider necessary for the performance of its ; functions; . t b. Give instructions and directives to the Executive Director in connection with the management, performance or operational policies· and implemeutation of the functions of the Authority; c. For the efficient &1d effectiVe discharge C'f the functions of the Authority, and all the· recomme:tldation of the Executive Director, approve on such terms and conditio.o.s-·as i~ sees fit: 12 ti '. 21.ff 21.1 21.2 21.3 22.0 22.l 22.2 23:0 23.l i. iii. An organizational structqre ,for c.;,,,mg out the. functions of the Authority, taking into account provisions ofthis,Act on organization of the Authority; The appointment of employees of the Authority in categories specified by the commissiori; The salaries and benefits of the specified categories of employees~ iv; The strategic plan of the Authority; v." The setting of administrative measures as may be required to safeguard any . revenue obtained by the Authority, and vi. The setting of measures for disciplinary control over staff of the Authority in · line with the regulations of the Civil Service Agency. Financial Reporting of the Commission The Commission shall direct the Executive Director to Submit for its review and appropriate action; the quarterly financial reports ·on the total a.mount of revenue collected and expenditures incurred. Based on the report, the Authority shall, within three (3) months of the end of the Fiscal year- of the Government of ;Liberia submit to the P~sident a report setting out the totals from the quarterly reports and the President shall, with<n thirty (30) days from the date of submission1 cause It to be published in the Gazette. · The President shall, within sixty (60) days from the date of publication of the report in the Gazette, submit the report to the National Legislature. Qualifications of Commissioners All members of the Commission shall be citizens and residents of the Republic of Liberia. No p erson shall be appointed Commissioner unless he/she is of.unqueStioned integrity · and training and·experience.in a discipline and occupation related to one or more of the mandate areas of the Authority, · Resignation and Removal of Commissioners A Co:mrnissioner shall hold office for the tenn to which he or she is appointed during good behavior. A Commissioner may however be removed from office by the President for proven misconduct 1 gross breach of duty, violation of the code of conduct for Public Officials,.conViction of a felony.: incapacity and incompetence or.other acts incompatible with the office. Notwithstandin~ his or her appointment for a. specffic term, a commissioner may resign his oi her position upon giving thirty days' notice to the President. 13 24.0 24.1 25.0 25.1 26.0 26.1 Disqualification from. Office of Commissioners . A person shall be disqualified as a C~mmissioner if the person. a. is in a position. of material ·conflict .of interest between the intereSts of a Commissioner as a member of the Commission and the business interest of that Commissioner; • • b. l:+as been declired insolvent or bankrupt· under any law in any country and has' not beeD. discharged; c. knowingly fails to declare a conflict of interest relating to . any matter under c~nsideration. by the Commission ; ~. be¾.omes, by reaso0 of mental or physical infirmity, incapable of performing his/her duties as a member; e. becomes disqualified in terms of this Act; or f. is in the position of conflict with regard to county of origin and residence similar with · that of another Commissioner, such that no two Commissioners shall come from the same County~ and g. is determined to have viqlat ed the Code of Conduct for public officials. Appointment of Successor of a Commissioner If a Commissioner dies, resigo.s or is removed from office, ·the President shall appoint in keeping with the provision of subse.ction 16.1 pertaining to the corriposition arid appointment of commissioners, en other person in his QI her pla~e :withiri thirty days of the event giving rise to the vacancy. Each successor commissioner appciinted shall serve for · the term established in subsection 28, I of this Act. Duties of the Chairperson Of the Commission The Authority shall be beaded by a Chairperson appointed by the · President · with· the following duties and functions: a.· Shall exercise executive and general oversight of the Authority; · b. Shall be ultimately responsible for the administrative operations of the Authority; c. Shall serve as the chief spokesroan for the Authority; d. Shall preside over meetings of the Commissioners; and l'epresent the Authority at conferences, where and when necessary; 27.0 Duties of the Vice-Chairperson of the CommissiOn 27.1 Jhe ;lice-Chairperson of the Authority shall be the principal Deputy to the Chairperson ahd·perform such duties·as may be assigned by the Chairperson. In case of thf: abs~nce or incapacity of the Chairperson, the Vice-Ch.µrl)erson shall be the officer-in-charge and in consultation vrith the Chairperson shall p·erforrn all the responsibilities of the Chairperson. 14 r ' r 1 I t l J i :-f • 1· L. : -'. ' 28.0 Tenn of office of Commissioners . . . .. .. . ... 28.1 All Commissioners, including the Chairperson lllld Vice-Chairperson, may hold office for .one term of 5 years and shall be removed for reasons s1ipulated·under subsection 24.1 of thlsAcl · . 28.2 A Commissioner may be reappointed to the Commission, but not for more than two (2) consecutive tenns. · 29.0 Services,and Role of the Commissioners 29.1 All Commissioners shall devote full time service to the Authority snd shall each have oversight responsibility for at least one of the mandate areas of the Authority, as provided in subsection 35.0 of this Act. 30.0 Meetings, of the Commission 30.1 The Commission shall rrteet at least once ,wery month. 30.2 · An ordinary meeting of the Commission may be convened after at least seven (7) days' written notice to the members. 30.3 The Chairperson may cause an extraordinary meeting of the Commission to be convened at such place and time as may be reasonable; provided that this shall be done upon the written request of at least three (3) members, in which case the elC!raordinary meeting niustbe held within three (3) days of receipt of such request, · 30.4 The Chairperson, or in the absence of the Chairperson, the Vice-Chairperson, shall preside at meetings of the Commission and in case of a tie of votes the presiding member shall have a casting vote· in addition to a deliberative vote. 30.5 A quorum of any meeting of the Commission shall comprise three (3) Commissioners, and decisions shall be by majority vote. 30.6 In the absence of both the Chairperson and Vice-Chairperson, the members present arid forming a quorum shall elect one of the members: to preside over a meeting of the Commission and the member so elected shall exerpise all the ordinary powers and perform all the duties of the Chairperson at the meeting. 30.7 Subject to -µus Act, the Commission may develop its own procedure~ its meetings. . . Minutes of each meeting of the Commission shall be kept by the Executive Oirector, who shall serve as Secretary to the Commission. Such minutes shall be subject to approval at the succeeding meeting 31.0 Validity of Proceedings. of the Commission . . 31.1 Subject to Section JJ.l above, the validity of any act, decision or proceedings of the Commission shall not be affected by any vacancy among the members, granted that appropriate notice of the meeting was given, or·by any defect subsequently discovered in the appointment of a ~ember ot by reasoILthat some person who was not en-titled to ~a so · took part therein. 15 I i i ·-.! 32-.0· · · Disclosure of Interest by ~ommissioners , 32.1 A Commissioner with any pecuniary or other interest, direct or indirect, in any matter tinder consideration by the Coo:m;nission,, shall, as . soon as practicable after the commencement· "1'''R' riieeting or discussion on the subject matter-, disclo$e all matprial facts to the Commissi-on and shall not"take· any further part fu the meeting, discussioris, ·or decisions wi~ respeGt to that matter. 32.2 A Commissioner who contravenes subsection 32.1 above commits an offence and shall be liable upon conviction by a court of competent jurisdiction in accordance with the penal code of the Republic. 32.3 A decision of the Commission which directly or indirectly benefits a Commissioner who failed 1o disclose an interest shall be null and void; and in that case the matter shall be reconsidered by the Commission. 33.0 Invitees to-the Meetings of the Commissioners . 33~1 The Commission may, in .its di~cretion, at. any time and for any length of period, invite ·any perse.n tO attend any meeting of. the •Coin.mis Si on, for· :tlre:--)>titpose of .assisting or .advising the Commission in respect· of any mattei- under cOD.sideration t;iy the Commission. 33.2 34.0 34.1 A person invited pursuant to subsection 33 .1 may take part in the deliberations of the · Commission but ~ not be .entitled to vote on any matter of such meeting of the Commission. Committees of the Commission . . Toe Commission may establish committees to perform any such other functions.and such respor;t.sibilities as the Commission shall detennine to be appropriat~. 34.2 Decisions of a committee shall be in compliance with· any guldelines adopted by the Commission. · 34.3 · Committee members shall appoint from amongst themselves a chairpe:ison of fb.e committee. 34.4 The Executive Drrector shall serve as Secretary-to all ccimn'llttees, but ,shall de-sigr..;:1.te 11:ci.y other staff person to be Secretary to the Committee. 16 I f l ~ PARTV ADMINISTRATION OF THE AUTHORITY 35.0 Mandate Areas of the Authority j "I 1.l 35.1 Consistent with its mandate, the Authority shal\ be governed by a Commission and shall i ; , have the following Deparnnents, each headed by a Commissioner: · . 11 . 35.2 Land Policy and Planning; 1 l I: 35.3 Land Administration; 35.4 Land Use and Management; 35.5 Administrative and Customer Services; 35.6 The Commission.shall be the governing body of the Authority. 36.0 Functions of the Executive Director . Under the direct supervision and guidance of the Chairperson of the Commission, the Executive Director shall be responsible for: a. the day-to-day operations of the Authority; b. the management of the funds, property and business of the Authority; c. · the administratioD:,. organization and supervision of the staff of the Authority; · · d. assistihg the chairperson in the effective administration and implementation of the provisions of this Act; e. assisting the chairperson in the effective implementation of programs approved by the Commission and tasks of ~e Authority prescribed in this or other laws; f. assisting the chairpe!son in the effective performarice of such ftmctions as may be consistent with the general objectives ofthe Authority; • g. attendance of meetings of the Commission and of any committee of the Commission, and in bis absence shall appoint in writing such officer of the Authority to represent him;· h. citing Commissioners to meetin~s on the instruction of the Chairperson of the Commission; i. drafting of regular reports for the Authority. 17 37.0 Appointment of the E>cecutive Director.· 37.l-· ··There shall be an Executive Director of the Authority, who shall be tbe head of Administration of the Authority under the supervision of tbe .Chaiiperson of the Commissi0n of the Authority The Executive Director ,shall be appointed- by the Commission on such terms and canditions·as it may determine. 37.2 37.3 37.4 37.5 38.0 38.1 39.0 39.1 39.2 . ' The Chairperson of-the Commission shall provide to the Commission nominations of not less than three candidates for the position of Executive Director, and the Commission · shall 9on.sider within the scope of its terms -and -concMtions, any such nominations, but shall not be bound by them. The recruitment of the Executive Director shall be conducted through a competitive process. The Executive Director shall work full time for the Aufuority and shall not without the pribr approval of the Commission, hold any other office of trust or profit, nor engage in any other occupation for reward. · The Executive Director shall report directly to the Chairperson of the Gommission but shall liaise with the other CO:ttunfasioners in the discharge of his c;lutj.es .. The Chairpe!son of the Commission shall conduct or. cmise to be conducte~ &.n annual appraisal o-fthe performance·of the Executive Director and a report of the performance· appraisal shall, within 30 da;ys from the end of the finandal year of the Aufuority, be s'Ubmitted to the Commission. Qualifications of the Executive Director The Executive Director shall he a- citizen ancl resident of the Republic of Liberia with competence in managing the establishment and operation of large and compleX public sector agencies. The Executive Director shall have appropriate qualifications as determined by the Commission, with extensive experience working with stakeholders of the land sector, including ministries and agen~ies in government and ciYil society. Tenure of Office of the Executive Director The Executive Director shall, subject to 3.9 .. 2 beta~, hold office ·for ~; period of 5 ye~s, . · wifu option of re-appointment for no more than two additional periods of five (5) years each. The Chairpe:i;son of the Commission shall on the decision of the Commission a!ld in line with Civil Service regulations, terminate the appointment of the Executive Director for. the follo\Ving reasons: 1. misconduct or misbehavior in ~erms of the code of .conduct of the Authority; ii. an undisclosed conflict of interest in a matter before him as Executive Director of the Authority, or iii. Inability, i.o.ca.pacity o~ incompetence to perform the duties of his office. 18 I I ; I l ru I ·--, .• .,- . ' . . iJ ! ~i ~ l 40.0 Staffing . 40.l The Chairperson shall, on· the recommendation of the Executive Director, and on such terms and conditions as the .Commission may determine, appoint on inerit, such number and grades of Directors. and other seniqr level personnel ·of the Autb.Ority as may necessary .or desirable for the efficient and effective discharge 'Of the functions of the Authority. 40.2 The Executive Director may, on such terms and conditions as the Commission may determine, and with the approval of the Commission, appoint other officers and staff of · the A)lthority subordinate to the Executive Director as may be required for the performance of the functions of the Authority. PART VI . COUNTY LAND GOYERANCE 41.0 41.1 42.0 42.1 Establishment of County Land Governance Structures In support of Government's Policy on Decentralization and Local Governance, there shall be established in each county local land governance structures. · Establishment of County Land Board The Authority shall establish in each county a County Land Board, to provide a forum through which the residents of the county shall have an effective voice and participate in governance ofland in their county, · · 43.0 Membership of the County La11d Board 43.1 The members of the County Land Board shall be appointed by the Commission. 43.2 The County Land Board shall consist of a maximum of ten(! 0) members, who shall be residents of the county. The ten (10) members shall include: (i) the County Land Administrator or bis/her representative as an ex-officio, non-voting member; (ii) Commissioner with oversight responsibility for the Comity as a non- voting member (iii) seven· (7) members representing the diversity of the County includiog at least one(!) youth .and at least three (3) persons of each gender; and (iv) one representative of the county Civil Society Organizations(CSOs). The ten (!Q) members shall have among their numbers one (1) lawyer; one(!) accountsnt; and one (1) agriculturalist/natural re,,ources expert. 43;3 The Chalrperson and Vice-Chairperson of the County Land Board shall be elected by the members from among their number, through transparent and accountable processes as established by guidelines developed by the Commission. •• 19 l ' . 43.4 The Exceculi'/e Director sruul develop and publish..in the Gazette, i,ot later lh,m six (6) ..... -· months after the effective ~ of this Act, regulations governing the -operations and proceedings of the County Land Boards, following Teview and approval of the Commissfon. 44.0 Functions of th~ County Land Board . 44.1 the function of the County Land Board shall be to support the Authority in undertaking its land. governance responsibilities, as prescnoed in subsection 8.1 (a) ;,f this Act. 44.2 . the Couoty Land Board shall make recommendations to the Commission regarding . - . . general priorities for Government, Public, and Private Land in the county. 44.3 The County Land Board shall make annual recommendations to the Commission regarding the manageIIl.ent of public and government land 811.d rCgulation of private and conununity laud. .. · 44:4 · T)ie county Land Board shall .sapport the development of land. 1JSe plans through. local administrative structures. · 44.5 · County Land Board members shall provide advice and collaborate with County Land Offices -to promote public awareness on land rights literacy, including community land rights, land use and management, land· registration and other programs of the Authority .. 44.6 · Toe County Land Board, in consultation with the Commission, shall be responsible for hearing, and approving or denying, applicafjons for leases of public and government. land ~ :fue county. 45.0 County Land Offices and Responsibilities 45.1 Toe Authority shall establish County Land Offices (CLO) to administer the affairs of the Authority.in the Counties. 45.2 -·- The County Land Office shall,;in·the· intere~t ·.0f collal?-oratiori. betwee:n national fill~ local governments, coordinate its activities. with those of the Comrtr administration. 45.3 Each Commissioner shall be assigned specific county oversight responsibility to e,,:::, ,,-: th.at land issues ,vithin countie~ are being address.ed. 45.4 Toe County Land Office shall, include a county Land Administrator, who shall be the head of the County Land· Offu:e, a County Land Surveyor, a County Land Dispute Resolution Officer, and other staff as the Chairperson of the Authority shall determine from time to time with the consent of the Corpmission. 20 I ! . ·11: 111: , .. 45.5 The Commission shall issue, not-later than six (6) months after the effective date of.this • Jaw, regulations governing the appointment, operations and proceedings of the Connty Land Team and its members. PARTVII COMMUNITY LAND GOVERNANCE AND IMI'LEMENTATION OF LAND RIGHTS 46.0 EstabJishmeni of Community Land Management and Developmeµt Associations (CLDMAs) ·46,l There shall be established in each land owning community, Community Land Management and Deyelopment Association, to govern and manage the land of conununities in accordance with the Land Rights Act of Liberia. 46.2 · The Authority shall ensure that land owing communities are in compliance with the Land Rights Act and supporting regulations. . . . . PART VIII FINANCIAL PROVISIONS 47.0 Funds of the Authority 47.1 · The funds of the Authority shall consist of-· a. fees and other charges levied by the Authority for the provision of services and sale of products (excluding real property), to be placed into the Consolidated Account at the Central Bank of Liberia. b. appropriations for the Authority in the Government Budget; c. grants or donations to the Authority frotn any public sotirce in or outside Liberia, including i,nt~mational and bilat6ral development agencies; and · 47.2 Funds received and collected by the Authority pursuant to Article 47.l(b) above with. respect to any financial year, shall be used to pay the expenses incurred for the operations of the Authority. 48,0 Accounts and Audit 48.1 .Th• Authority shall cause to be kept proper books of accounts and other records relating to its accounts. 48.2 The accounts of the Authority shall be audited anoually by the General Auditing Commission. 49.0 Annual Report 49:J. The Chairperson· shall, as soon as practicable but not later tha!l .. 3 months after the end of eacli fiscal year, submit to the Commission and thereafter lo the President, a report on the activities of the Authority during the preceding fiscal year. · 49.2 The report referred to in 49.1 above shall include information on !lie financi"1 affairs of the Authority as well as operational and progrom activities. 49,3" ' There shall be appended to the report referred to in 49. I above the following: a. ·-an audited bal~ce sheet; ' b. an audited statement of income and expenditures; and c. such other inf.onnation as the Authority may consider appropriate or as 1:p.e President or Commission may direct PART IX TRANSITIONAL PROVISIONS 50.0 Establishment of a Transitional Cdn.imitt"ee 50.1 After the passage of the Liberia Land Authority Act, there shall be established a Transitional Committee of the Authority, which shall be comprised of the head of the Ministry of Mines and Energy, Mioistry of Internal Affairs, Ministry of Public Works, Cellter for National Documents and Records Agency, Lioeria Revenue Authority, and other agencies having responsibility for Land Administration. Other institutions include . the Governance· Commission, Civil service Ageuwy, a11d the Liberia Land Authority, represented by the Coromissione; responsible for Land Adntlnistratioll and the Chairperson, who shall head the Traosition Committee, if he has already been appointed in accordance with the provision of this Act, otherwise the Chair of the GovemanCe Commission shall Chair the Transitional Committee. 50 .2 The Committee shall be responsible for: a. Taking action on transitional issues and matters for the full. establishment of the Authority; and . b. Ensuring the uninterrupted implementation of ongoing· programs of the former Land Commission and of services provided by both CNDRA and MLME. 50.3 The head of the Transitional Committee shall hire, for the life of the Transitional Committee, a reasonable number of persons, selected from the staff of the former Land CQIIllD.l.ssion, CNDRA and rvfLM5 to carry oU.t responsibilitie:; as described utlder pr-OVision-"b" of sub-section 50.2· and /or to serve as staff of the Transitional Committee . under the supervision of the Cb.a.itperson. n I ' I ,-~-1' 8' 50;4 · •. The Transitional Committee shall have tenure of a·maximum period of one (!) year after which it shall be automatically deemed dissolved. 50.5 Specifically, upon the coming into force of this Act, 51.0 51;1 51.2 .51.3 a. Any employee of the former Land Commission may, within a period to be prescribed by the Authority, apply to the Authority for employment, and if successfully vetted by the Transitional Committee of the Authority, shall be employed by the Authority. b. Any civil servant from the Ministry of Lands, Mines and Energy, Ministry of Internal. Affairs, Ministry of Public Works, Center for National Documents, Records Agency, aria other agencies of government, whose functions have been taken over by the Authority, shall automatically be transferred to the Authority with his/her current salary .. c. Any civil servant whose functions and· or services are transferred frotn a Government ministry or agency to the Authority shall for .the purposes of pension or other retirement benefits, constitute a continuous service in the public service. d. The terms and conditions of service of a person transferred to the Authority shall not be less favourable'than those applicable to him/her immediately before the coming into force of this Act. · Vesting of.Assets, Liabilities, etc. · All' moveable property whicli immediately before the commencement~ of this Act was vested in the Government for use in the Department of Lands, Surveys, and Cartography .in the Ministry of Lands, Mines, and Energy, the Land Commission, the Deeds Registry at the Center for National Documents and Records/Archives . shall upon the commencement of this Act, vest in the Authority, subject to all interests, liabilities, charges, obligations and trusts affecting such property. Except as otherwise provided in 51. l above in relation to property, all contracts, debts1 obligations and liabilities of the Government attributable to the· existing agencies r~ponsible for land administration· functions before the commencement of this Act, but · now vested in this Authority, shall remain vested in the Government and may be enforced by or against the Government.· All legal proceedings and claims which before the commencement of this Act are pending• against bodies dealing with land administration and management· functions before the commencement of this Act, but by this Act vested in the Authority, may be continued or enforced by or against the Authority in ·the ~ame manner as they would have been continueJ or enforced before the commencement of this Act. 52.0 52.1 . References to Existing Land Administration Departments Upon coming into operation of this Act, alf the land administration, land ri:,gistration, · cadastre, mapping and surveying :functions carried -out by the existing departme nts within 23 f f t • the Ministry of Lands, Mmes and Energy, and matters incidental thereto·shall be taken . . over by the A~. 52.2 Upon coming into operation ofthls Act, the deed and·land registration.functions carried I out by CNill\A shall be taken over by the :Authority. ! 52.3 CNDRA shall however remain the repository of final versions of all land records, as weU as de~. and other landMrelatCd documents and maps, both hard and electronic·copies" and J sball: · a preserve those records; b. provide ready public access to those records; c. convert them as maybe practicable and funds permit, to electronic formats; d. facilitate the llltegration of the electronic data into larger databases; and e. protect such reGords and· data against loss or illegal modification. 52.4 Upon coming into operation of this Act, all the land administration functions currently assigned to Ministries of Internal Affarrs, Public Works, or ·any other government entity shall betaken over by the Authority. 52.5 Within sixty.(60) days of the coming into operation of this Act, the Ministry of L:mds, Mines and Energy, and any other government agencies holding deeds, other land title documents or related land da"cwnents shall surrender them to CNDRA in a state of organization which will enable them to be integrated intO the Liberia ·Land AuthOrity's registry and its electronic data bases. except those re:cords that are current or in active us~. PARTX MISCELLANEOUS 53.0 53.1 Laws and Regulations The Authority shall b:ave the power to promulg ~te.regulations .. The Executive Director shalt after c·ansultation vrith and approval of the Commission, make regulations with. regard to the following: a. procedures n:ecessary for ma.king applications to the Authority; b. the efficient operation of "the land administration system; . c. the process for the reversion ofland to the Authority under Article 8:t(a)(iv); d. rernutiei:ation of (NCF) committee members; e. the.amount of fees levied for different categories of applications; 24 f. cod<:S of conduct for the staff of the Authority; g. terms and conditions of service, including pensioris, gratuiti~~ and other retirement benefits of members of staff ofthe--Autlwrity consistent with the applicable Jaws of • , Liberia; h. form and style of annual reporting by the Authority to the President; i. the manner in which the Authority may .invest funds it does not immediately require for the performance of its functions; and j. the inclusion within its mandate of any additional matters related io land governance, land administration, and land management that can be effectively performed by the Authority or are necessary for the effective operation of the Authority. 53 .. 2 All regulations issued by the Authority shall become effective upon publication in the Gazette. 533 The Chaizperson of the Commission of the Authority ·,hall cause to be.prepared and, after review aod approval by the Commission, vetting. through the Lmv Reform Commission, submit to the President for review and submission to the Legislature, proposed land laws. 54.0 · Repeals and Amendments 54.1 By· the enactment of this Ac~ the following laws are hereby repealed, amended or Otherwise affect€ld as set out in this Section: ' a, Certain Portions of the Public Lands Law of 1973 are hereby repealed. b. Section 81.10 of An Act to Amend the New Executive Law to Create aoAutonomous Bureau to be Known as a Center for Nati.anal DOcuments and Records and to Repeal .Other Laws in Relation Thereto is repealed; c. To the extent any legislation, regulation, executive order, judicial dec~sion, or any other law vested, the Ministry of Foreign Affairs with authority over deeds, other land records, or with any land administration function within the contiguous boundary of the Republic of Liberia, these laws are repealed or overturned in their entirety; d. Any reference to the terin <'Land Commissfoner" in the Registered Lap.d Law is repealed. 54.2 The following laws are hereby amended as follow,: a. Section 27.2(d) of the Executive Law is amended. to read: "To carry out and administ er urban and--town planning and land use rezoning in cooperation with the Liberia Laod Authority consistent with Section 8.l(b) of the Liberia Land Authority Act of2016"· . . ' I I l I 1 b. Chapter 51 of the Executive Law granting the General Services Agency authority or power to acquire and sell, of.public land, government land,.or reafproperfy'is l!ereby modified to exclude such power from the functions of GSA. c. Section 28.2 of the Executive Law is amended to add Subsection (h) to read:. "Cooperate with the Liberia Land Authority in the performance of its statutory mandate consistent with the Liberia Land Authority Act of2016"; d. Section 32.3(i) of the Executive Law is hereby amended as follows: L Section 32.3(i) is amended to read: "Cooperate with the Liberia Land Authority in the performance of its statutory mandate consistent with the Liberia Land Authority Act cif2016"; ii. Section 32.3(j) is added to read: ''Perform such other functions as may be prescribed by the Pr~ident.~; e. Chapter 33 of the Executive Law is hereby amended as follows: i. All references to the Ministry of Lands, Mines, and Energy are amended to read: "Ministry of Mines and Energy"; ii. Section 33.2(m) is amended !<>read: "To promulgate all regulations affecting. mines, and energj in Liberia"; : " iii. Section 33.2(n) is amended ta read: "To monitor compliance wifu, as well as enforce, all laws and regulations affecting mines and energy" f. An Act to Amend the New Executive Law to. Create an Autonomous Bureau to be Known as a Center for National Documents and Records and to Repeal Other Laws in Relation Thereto is hereby amended as follows: i. The title of Sectipri.SL4 ls .amended to read: "Registrars of Marriage"; u. Secti.QU 81.4 is amended to read as follows: "The Director General shall .have the imm-ediate responsibility for overseeing the Registrar of Marriages in the - I performance. of their duties." l g. An Act Creating the Forestry Development Authority is hereby amended as follows: ·1 i. Section 4(a) is amended to read: "To take all-actions necessary to create and establish Government Forest ·Reserves, Native Authority Forest Reserves, Communal Forests, and national parks in cooperation with .the Liberia Land Authority consistent with its statutory mandate under the Liberia Land Authority Act of2016"; 26 I I r I I I i i I ii. iii. Section 4(6) is amended to read: "To administer all such reserve areas to fulfill the policies and.objectives set out in Se~tion 3 of this Act in cooperation with the Liberia Land Authority consistent with its statutory mandate under the Liberia Land Authority Act of 2016"; Section 4(eYis amended to read: "To carry out a program for the wise use and perpetuation Of the forest recreational, and wildlife resources of the oountry in cooperation with the Liberia Land Authority consistent with its statutory mandate under the Liberia Land Authority Act of 2016" · h. The National Forestry Reform Law of2006 is hereby amended as follows: i. Section 2.2(6) is amended to read: In carryout out its responsibilities urider this Section, the Authority shall cooperate with the. Liberia Land Authority consistent with its statutory mandate under the Liberia Land Authority Aot of 2016 and collaborate with other Government agencies and local communities· as necessary"; ii.•.,- Section 3.3 is amended to read: '~In granting Fores.t Management Contracts and Tim1ier Sale Contracts, the Authority.shall follow the requirements of the Public Procurement and Concessions Act, the Liberia Land Authority Act of 2016, and other applicable laws."; iii. Sec;tion 4.1 is amended to add the Subsection (d) !9 read .. as follows: "The Authority shall mar.age all Forest. ResoUices consistent with the Liberia Land Authority Act of20!6"; iv. Section 4.3 is amended t o read: "In cooperation with the Llberia Land· Authority . consistent with its statutory mandate under the Liberia Land . Authority Act, the Board of Directors shall adopt and from time to time revise a National Forest Policy that reflects sound Forestry principles and promotes the sustainable management of the forests of the Republic.''; v. Section 4.4(a) is amended to read: In cooperation with the Liberia Land Authority consistent with its statutory mandate under the Liberia Land Authority Act, the Authority shall prepare, and from time to time revise, a National Forest Management Strategy reflecting the Policy msndated under Section 4.3 of this Chapter aod any national land, economic, or development plall~ in effect."; vi. Section 4.4(e) is amended to read: The FDA management shall offer the ... public, Liberia Land Authority, and the Forestry Management Actvisory Committee mandated under Section 4.2 of this Law the opportunity to . comment oil a fµll draft of the Strategy and on any revision that the Board of Directors deems si'gnificant."; 27 l vii. Section 4.S(a) is amended to read: "Before-committing an .are a· identified in· the National Forestry Management Strategy to a proposed land use; the Authority shall validate 1he suitability of the area for the proposed land use in cooperation ,with the Liberia Land Authority -ponsistent with it~ statutory mandate under the Liberia Land Authority 1'ct of 2016; viii. Section 4.S(d) is amended to read: "The FDA management shall offer the public, the Liberia Land Authority, aod the F<>restry Management Advisory Committee the opportunity to comment on a full draft of the report before submitting it to the BoardofDirectors." i. An Act Creating the Environment Protection Agency of the Republic of Liberia is hereby amended as follows: i Section 6(1)(a) is amended to read: "Coordinate, integrate, harmonize and monitor the implementation of environmental policy and de cisiotis -of the Policy Council by the Line Ministries, including the Liberia Land.Authority"; ii. Section 6(1)(b) is amended to read: "Propose environmental· policies and strategies to the POlicy Council and ensure the integration of environmental concerns in overall national planning in cooperation with the Liberia Land Authority consistent with its statutory mandate under the Liberia Land Authority Actof20!6" iii. Section .6(I)(i) is amended to read: "Create categories of fiscal and economic instruments wifu line Ministries, including the Liberia Land Authority, in order to discourage pollution and encoll!age clean productiori ·and minimal generation of waste in industrial processes and at consumer level"; j., The Minerals and Mining Law of2000 is hereby amended as follows: i. Any reference to the Minister or Ministry of Lands, Mines, and Energy is amended to read: "Ministry of Mines and Energy"; k. Section 4(1) of An Act to Create the National Bureau of Co"ncession is amended to add Subsection (c) to read: "Cooperate with the Liberia Land Authority consistent with its statutory mandaie under the Liberia Land Authority Act of2016"; L The Public Procurement and Concessions Act of2010 is hereby amended as follows: i. Section (2) is amended to add the following: ~"Public Asset' with respect to any land or land-related-Concession means Public Land as that term is defined · in the Liberia Land Authority Act of2016." ii Section 81(1) is amended to read: "The Inter-Ministerial Concessions Committee for a particular Concession shall consist of nine (9). or ten (10) 28 l l I ·, I ··• ' ~d ~~4 ?;,'. i o: JL\ ·., I j. iii. persons constituted on an ad-• hoc basis as required ---in -accordance with subsection (3) of this Section. Any reference to "the Interal,1inisterial ConCCssion Committee''. • with respect to a specific Concession means the Inter.:Ministerial Concessions Committee as constitnt.t:d fi:?rjbat-Concession." Section 81(3) is amended to add Subsection (i) to read: "In the case of!and or land-:related Concessions, the Chairperson of Commission' of the Liberia Land Authority" .m. The Registered Land Law is hereby amended as follows: i. The term "Minister" in Section 8.3 is amended to read: "'Commission~ meaiis the Commission of the Liberia Land Authority''; ii. Any reference to the "Minister of Lands and Mines" or "the Minister .of Lands, Mines, and Energy" is amended to read "Commission of the Liberia Land Authority''; '" iii. Any reference to '"Minister" is amended to re,ad: 11Commission"; iv. Any reference to the Ministry of Lands and M"mes or Lands, Mines, and Energy is amended to read: ''Liberia Land Autho;rity"; · v. The tetm '"Registrar ofDe:eds" in Section 8.3 is amended to read: "'Registrar of-Deeds' means the-Deeds Registry as.defined in Section 4,7 o.fthe Liberia Land Authority Act of 20 I 6"; vi. Any reference to the 1'Director of National Archives and Record~ Service" or any variation thereof is amended to read: "Commission"; vii. Any reference to the ''National Archives artd· Records Service" ·.or any variation thereof is amended to read: "Liberia Land Authority"; viii. . Section 8.7(1) is amended to replace '~Minister of Foreign Affairs" with "Commission1'; ix. Section 8.44(1) i:s amended to read: "As.soOn as conveniently possible after an adjudication section has been designated1 the Demarcation and Recording Officer in charge of such section shall consult with the Commission and the appropriate County Land Authority Office and County Land Board, as established under the Liberia Land Authority Act of 2016. A schedule of any public lands shall be made by the Demarcation and Reoording Officer for inclusion in the Demarcation plan described in section 8.45(c). Neither. the Government nor the Liberia Land Authority shall be requited to file clanns to protect the Government's rights thereto. The Commission of the Liberia Land Authority, however, Shall attend on behalf of the Goverhment, whenever a 29 x. xi. xii. xiii. . xiv. .notice Df demarcation of land is issued which will affect public land. However, 1my person. aggrieved hy the designation of any parcel of land as public land niay challenge such determination by way of the appeal procedure provided in this chapter"; ·section 8.54(2) •is amended to read: "Each fomi when completed shall be signed by the Demarcation and Recording Officer and certified by him as containing a complete record and, where possible, each owner of a recorded interest in privately held land or bis duly authorized agent, and an authorized Commissioner of the Commission of the Liberia Land Authority, if public land is involved, shall be required to sign and acknowledge acceptance of the record"· • Section 8.59(2) is amended to read: "Any appeal may be taken from a final order of registration by any person aggri<,ved thereby, including the Republic, by ond through the Liberia Land Authority or any other authorized agent, in accordance with the provisions of section 123.1 of the Probate Court Procedure Code. A notation as to the filing of an appeal shall be included as part of the adjudication record of the parcel of land involved. Any disposition pertaining to any interest with regard to the land involved in the appeal shall be subject to such notice"; Section 8.91(4). is amended to read: "On the application of the Registrar, in consultation with relevant government entities, the Probate Court Judge may cause blocks and section to ·be combined or divided, or cause their boundaries to be varied"; Section 8.92 is amended, to read: 'The Probate Court Judge, on the application of the Registrar made after ·consultation with relevant government entities, may cause a survey tO be made -of any land for the purposes of the provisions of thls chapter and after notifying every person affected thereby and giving him an opportunity to be heard, may cause the Registry Map encompassing the area involved to be corrected as a result of such survey and direct :a: Registrar 10 make notations in the appropriate registers that the boundaries of 1he par.eels invoked have been so fixed. Similarly the Probate Court Judge may direct :the preparation of -a new Registry Map or any part thereof; and there may be omitted there from any matter which. the judge considers obsolete. Any survey required for the purposes of the provisiolls of this chapter shall be made by surveyors employed by the .Liberia Land Authority"; Section 8.93 is amended to read: ''On the application of the o-wner of registered land, and subject to the agreement of all persons affected thereby, ·· the Probate Court may direct the Registrar to cause the alteration of a Registry Map, but no such alteration shall be effected except upon the written directive · of the Probate Court Judge on a form to be prescnDed by the Commission of the Liberia Land Authority. to be kno'\,Vl'l as a mutation form, which mutatfon 3U . l r r t : '. l . .' ··: 'i '''! i-r ) r, J-4 J i ti form shall be filed in the appropriate parcel file after the particulars have been entered on the appropriate registers by ~e.Registrar"; xv. Section 8.94 is amended to replace "Bureau of. Lands and Survey$" with .·. "Liberiao Laod Authority"; xvi. Section 8.123 is amended to read: "The registration of land as pub1ic land, subject to any registered encumbraoces, · which ·shall include without limitation, interests in and rights over such land granted in :Concession and other agreements made under authority of law, shall enable such land to be , disposed of by the Commission of the Liberia Land Authority consistent with applicable law"; · xvii. Section 8.201 is amended to read: "Subject to the provisions ofparagraph 2, any person aggrieved by any decision, determination, order or directive made · by a Probate Court Judge pursuant to the provisions of this chapter, including the Republic by and through any govermuent entity concerned or any other duly authorized agent of the Republic, may appeal to the Supreme Court within the time and in the manner provided therefore· ia Section 123.1. of the Probate Court Procedure Code for like matters";. ,, : xviii. Section 8.214 is ameri.ded to read: "For ·a11 tnatlers subsequent to· initial registration, there shall be.payable in respect of copi-es of the regi-, maps, instruments, certificates of search, filing of instr:uments indexing and -a11 other matters connected with registration, including surveys required under the provisions of this chapter, such fees as shall from time to time prescribed by the Conunission of the Liberia Land Authority, based upon reasonable co St to the Government of ·the services rendered for deposit µlto the consqlidated revenue ac·count of the Government";· I ! "i , , 55.0 Effective Date ,, . rl :.., jj-l ii / L) i tLj ;J This Act shall take effect immediately upon publication in handbills. ANYLAWTOTHECONTRARYNOTWITHSTANDING. 31 I I I I ' : I I ' I I ' I I I I ' 2016 FIF.i'H SESSION OF THE FIFTY-THIRD LEGISLATURE OF THE REPUBLIC OF LIBERIA SENATE'S ENGROSSED BILL NO. 10 ENTITLTED: "AN ACT TO AMEND TITLE 12, EXECUTIVE LAW OF THE LIBERlAN CODES OF LAW REVISED AND TO ADD THERETO A NEW CHAPTER CREATING THE LIBERIA LAND AUTHORITY" On Motion, Bill read. On motion, the Bill was adopted on its first reading and sent to Committee Room on Tu~day, s~:ptember 22, 2015 ~t the hour Of 13:l4·G.M.T. On motion, Bill taken from the Committee Room for its second reading. On motion, under the sus,Pension Of·the rule, the s~cond ~ading of the Bill cons'tituted·•its third and fmal · reading and the Bill was adopted, passed into the full force of 'the law and ordered engrossed today, Tuesday, April 12, 2016 @ 13:05 G.M.T. ,/' : . ----,;,111 . / ,,,f , · I·- -• I" !,.,.., , fr, , ,;:~-'•t-nc~'V)L- ~:., , ,, i . ....1.~ ::,;vc, 1 $CRETARY, LIBERIAN SFfitA.TEi R. ·~· ·=···· 2016 ' TJIIRQ SESSION OF THE FIFTY-THIRD LEGISLATURE OF.THE REPUBJ:.IC OF LIB]i:R1A HOUSE'S. ENDORSEMENT TO SENATE'S ENGROSSED BILL NO. 10, ENTITLED: "AN ACT TO AMEND TITLE 12, trXECUTIVE LAW .OF T:EIE LIBERIAN CODES OF LAW REVISED AND TO ADD THERETO A NEW CHAPTER CREATING '.fHE LIBERIA LAND AUTHORITY" On motio~. Em ·read. On motion.' the Bill was ~dopt~~ j: its · first reading and sent to Committee Room on Tu~Ly 1 Tuesday, April 14, 2016 @12:56 G.M.T. j I ·• r . ()~ ·:~tion, Bill tak~~ from the Committee Ro·om for its se!md reading~· On motion, under the suspension of the rule,• the second reading ofthe Bill GOnstituted its third and final reading and the Bill was adopted, passed into the full for<e of the law and ordered engrossed today, Tuesday, September 20, 2016@ 13: 50 G.M.T. . CHIEF CL 'IJ,1.~- /) ,/ ~ l/~. tN°TATI . " RK, HOUSE OF REPRESI ,. ,. e=•-»----, - . ,.,,....,.....,. ~-- ,.....,,, ..., 2016 ATTESTATION 11 "AN ACT TO AMEND TITLE. 12, EXECUTIVE LAW OF THE LIBERIAN CODES OF . LAW 'j ! REVISED AND TO ADD '11lKRETO A NEW CHAPTER CREATING THE LIBERIA LAND ~-,-1· Il ' "' ; ; "· , AUTHORITY" ~i. 1j ' -,·1 ' ml i}•~1· •, , " · ' j' 'J-! t' C VICE PRESIDENT OFT RIA/PRESIDENT OF THE SENATE , r ?H "'ii-----------------------~ " THE SPEAKER, HOUSE OF REPRESENTATIVES 'OdJJ(o A([. · nrti . -~ THE CHIE¥LERK, HO£ OF REPSENATIVES, R.L.1 ( I . ,.. . . . .;,; ,. 1:;iswnt ~-r&u-y o/11,e Senate 'CE{re 1£.thertan ~.enate l I CAPITOL BUILD~G, CAPITOL H)LL, MONROVIA, LIBERIA WEST AFRICA . Email:fonchrist2002@yahoo.com · . . . I FIFTH SESSION OF THE l?IFTY:.. TIDRD. LEGISLATURE OF.THE REPUBLIC OF LIBERIA. · ·-····-:-:--:-: ~'"-·.,:·.--::-.::-~-~----·-. SCHEDVLE -61< S~A!E'S ENROLLEDii1.LiN0:- f(l. llNTI1LED: ·. . . . . . . . . . 0 • • H •• •• ••• -•~• • " ' . , "AN ACT TO AMEND TITLE 12, 'EXECUTIVE LAW OF THE LIBERIAN '; . CODES <?F J.;rKv(: ~'1}:SED Al'IJ) .To''Abn ~,:o A NEW. Cl:IAPTER CREATING THE LIBERJA LAND AUTHORITY" . ·' .. •.·. · ....... ·a;... . APP~&VE~TIIls'· ·s .· . DAY.OF .. t} t:. JJ(3,~,(IJ A.D. 2016 A'.f~ H9JUR OF ,:J.'p.S If JJ1· . . > ' -., . : . ' .. :·•,; . , - . . ENT OF THE R.o;PUBLIC Of LIBERIA