Land (Agricultural Lease) Regulations 1992 (L.N. No. 100 of 1992)

Supplement No. 1 to Gazette No 55 of 29th M,aYt 1992 Land (Agricultural Lease) Regulations, 1992 Legal Notice No. 100 of 199~ LE:GhL NO'l']CE NO. 100 OF 1992 Land (Agricultural Lease) Regulations, 1992 In exercise of the powers conferred upon me by sections 18 and 89 :0£ the Land Act 1979, I, M,phJosi. Matete M1n:islor of the TnteIirQ'.f and Ohief:1)aim:,h1ip Mfia:iJfSmake the fol lowirng regulwt1oI1s: 1. These regulations m.ay cited asthe Land (AgriculltuTa~ Citiaitiloln Lease) Regulations 199'2 and shall come 'into operatson on 1Jhe and date IOf publioaeion din the Gazette. Oomm~ moot 2. In these regulations: "admmistrative fere"me:arns the he paid to tne Oommisslon er of Lands 'for' the preparation of any document If!eIJ.lating 'to ttUes; "agricultural Iease'vmeans a lease granted 101' dssued under the land Aut 1979 for the purpose of etn.gagiing 111 agrt cuhtural pursuits as defined in section 2 of lthe Land Act 1979; "development charge" means 'the pro-rata share of total construonon and the annual maintenance costs of com mon use fiacilWtJi,e,s whidh include, but may not be limited to, roads, dams. 1T'rigation mstallations whose costs are borne by persons directly benefitting therefrom; "m,iJniJster"meuns 'the minister responsible for Land; "land use plan" meansa detailed description, !iJnc1uding maps, of a land area which Identittes soil type, aN prominent physical features land recommended agrtcuttural land utH'is alfJi!O'll •, "district agraculturai off1icer" means 'the Qff1iceT designated by I1:!he Ministry IOf Agriculture to be in charge of agri cultura! matters iJnthe distriot. PART I Applications for issue of agricultural leases 3. (1) Every application to the Commissioner fur ,the issue of an agricultural lease, pursuant to Section 11 b(l) of I1he Act in respect of land held under 'an allocation 10£ land for agrucul tural purposes, shaN he made in the Form "AA" in the First ~3ehedule; ApplJioatJiOlO for issue Of a leese Form ••~ Fi'M Schedule DUty of Chairman Act No. 17 {)rf 1979 L.N. No. 15 10lf 1980 (2) Such application shall be prepared dn duplicate w:1th the original Form "AA" sent to the Chairman of rt:!he Allocating Authority having jurisdictson over the allocated land and the duplucate Iselfi1 Ito the District Secretary 'having jurisdiction; (3) Each appbication shall be submitted together wsth a coruif'icane of allocatdon or other evidence ascertaining that th e applicant ds qualified to hold land pursuant to Section 6 of the Act. 4. (1) The Chairman of the Allocating Authorilty shall wiltJbJin two months of the date of receipt of the appllcation Form "AA": (a) determine whether :tJhe applicant qualifies under Section 6 of 'the Land Aot 1979 to hold title toland; (b) determine whether theajlocataon of the land which is the subject of the application has been abused by the allottee Ithr.ough: (i) overgrazing, (Ii ) refusalor failure to combat soil erosion; or (c) determine whether the aUOCaHJOIl of 'arable land which is lthe 'Subject of the application has not been cultivated for any period in excess of 3 consecutive years; (d) 'adjudicate the boundaries 'Of (he land to the satisfaction of the other occupiers of land in the vicindJty. (2) If ei,tJh'erthe determination or vadjudication specified in subregulation (1) above reveals that the applicant is not or will not be entitledto hold land by allocation, then the Chairman shall notify the appldcant accordingly in writing accordingly. (3) If the saiddeterminaeion and adjudication reveal that the applicant 11s entitled to hold that land by allocation, but ifJhat no documentary evidence Ito support that allooation is held by >t!he applacant.. the Chairman of the Allocating AUithoIimy will theJ1e:upo:n dssue, for the benefit of the applicant.ta OertifiioaJte of Application an the Form 01 in the FUrst Schedule to the Act whdch shall then be attached to the appldcation Form ccAA". (4) On cQllnpHa~ce with the requirements of subregulattons (l ) and (3), ,the Chairman shall fOTL11With refer the applieaeion Fl?~ln "AA" to the .District Agricultural Officer having responsi hrh1:y for the area m which the land 'is situated. (5) Upon receipt of rtJhe recommendations of the District Agriculturai Officer pursuant to regulation 5, I1:ihe Ohalrman of the Allocating AUIthOl~i'ty shall make his decision 'and notify the applicant acoordlngly and shall send copies of such decision to the Distrcit Agr-icultural Officer and the District Secretary. (0) The Chairman of H1e Allocatmg Authority may request Duties of District Agricullbural Of'1licer thst the Distniot Secretary assist in the execution of any or all Ol't}lC) duties ascribed to the Chairman by these regulations. 5. (1) On receipt of the original Form H AA" from the Chairman 'of the Allocating Authority having jurisdiction over the. land, the Distriot Agricultural Officer shall reveiw the appll c~ltl!On provided 'the said Chairma.i has confirmed 'the appldoant's right to use and occupy 'the land for agricultural purposes. (2) Such review shall. (a ) take account :0£ applicab Ie r rior agricubtural land use Aot No. 22 practicesin the Land Husbandry Act 1969, and regula- of 1969 tions dncldental thereto; (b) confirm that the land use proposed by tthe appli-cant iIS consistent with existing agricultural Iand use plans and policy; and (c) r<1JUfy that the dand and the foil ,capahiHty thereof are economically of Ithe land use proposed. (3) If, in Ithe opinion of the District Agnlcultural Officer, requu-erncnts 10£ sub-regulation (2) hereof are not sartJisfied I1Jhen he shall forthwlth notify iUhie Chairman of ltbe A!llocal1Jton Awtho r1ty thiJt the appbioabion cannot be supported, speci!fyttng in writ ing hts reasons therefor and suggesting recommended alterna tive land use, if lany, (4) When such capplloation is supported by the District Standard" 1 Agnicultural OffiLcer he 'Shall recommend, to the Chadrman of the ~s~=i Allocating Authority, which orthe standard lease condittons con- ttons Form tamed iJll the 'I'hlrd Schedule here')! are to apply, and whether ('AA" special conditions are 'fJO be reserved, and these oonditdonsehall he inscribed tin Pant C on the Form "AA". G. (l) Whenever 'the Ohairman of the .M1ocaIt:1ng Autho- Riglht 0( l'vty '0'1' Lh'J applicant is aggrieved by I:.he recommendanions of the Appeal District Agricultural Officer, he may appeal 'm wrHJing wiJthin 30 days itlO the Principal Secretary of the Mil1llistry of A~icul turc, who may call flora review of such recommendaelons. , (2) When such application is not supported by the Ohair man of ,the Allocating Authorsty, or thp applicant does not agree to the standard and special conditions Iuscrihed lin the Form "AA", the appltcant mayappeal to the Land Tribunal, provided that such an appeal is made w~bhin 30 days from receipt of not! f'ioatdon from the Chairrnan of the Allocating AuthOO'1ity. 7. The applicant \V1Hl be responsible for !the cost of the land Payment of ~)~rvcy fees under the Land Survey Act 1980 and Tor admintstra- fees tive fees as set out in the Fifth Sf'}tedul~, 0.oiplsu!J.\tlalt!iiOOl and plan ruilIlg prior to: deelama tlil0l11 rolf a setLeaued atgricu]Lural area Recommen dattll:on df selected agniculltlLr1aJI area PART II Declaration of selected agricultural areas ,8. (1) Before the 3\fimJis~.er responsible for Agr.iJCu1Jture makes a recommendation pursuant to section 50 of ltJhe ,Act, !£or the declaration lof agrieul1:Jural land. as a selected. agracultural area, he' shall require that afeaslbilitv study, which will include a land use plan, be prepared by the Distrtct Agni'CU!ltural Officer in consultation wiJtJh the Allocating Authority having [unsdlction, and which will ident1tfy' (a) the current and proposed :agricultunal use of tthe land; (b) the extenr of the Iand to be declared a 'selected agri oultural area; 'and (c) the number JfaJI10ttees to ,be affected by such declara tion and general manner by whioh they will be la'Hected. (2) Land use plan required under sub ..regulation 8(1) shall, interalia: (a) 1denltify 1ntelllded agricultural use of the Iand; ('b) confirm the eCiOnomkviablliJty !O1 the intended agri culturalproductiJon or range management and lrve stock user and (i) recommend Ithe size of land parcels, if the intended use is flOr 'CfI0p producuon; 'or (tl) reoommend tUlle animal carrying oapaoity if !fJhe Iand ds to 'be used for attaindng improved range management praoticesand expanded Iivestock pro duotion; ,land (e) identify resettlement issues arising from recommended land use within the seleoted agricultural 'area; (d) 11denrtftfy environmental safeguards required in ltJh!e area, and where . necessary, environmental rehabihtation measures requited. 9. (1) Upon approval of the land use plan specified lin sub regulation 8 (2)aJhove by the Minister responsible 'f1otr Agricul ture, a recommendation to declare the 'land which is the subject ,of theplan, asa selected agriculturalarea W1Hl he forwarded to 'uheMiLniisrter 'along with a copy of the said plan and the TeSIUl!tS of the consultations carried out under section 8 (1) above. (2) Upon receipt of tbhe reoomruendatlon from the MiniSiter responsible 'for Agriculture, the Minister may, by notice lin 'the gazette declare :the land which is the subject of the land use plan (to be 'a selectedagricultural area. 10. Upon the declaration of a selected agricultural area, the Minister 'shall Instruct :tJhe Commlssioner of Lands ito cause to be prepared the demarcation and survey 'Of the indlvtdual parcels of 'land within Ithe declared area .as specified lin :the land use plan. Demarea tlilOn ood sunr.ey Mlt'hiJn a selected B'g:ricullturall area Ill. (1) Wlhilslt the survey of the land is being carried out, AppHCl3Itlioo the District Secretary shall post notices in at Ieast jthree pro- forr gralllt of minent locations in the Sesctho and English languages withtn Iease the boundaries of the selected agricultural area ~tnd!i:caJting: (a) (i) the number, size and Iocatlon of land parcels; (ii) ground rents applicabte; and (iii) dntended lagricuJJtur.'11 land use Ior each parcel; Cb) that any person interested in receiving thegrant IOf an~ "~BH agricultural Iease Should completean application ~ the sJedule Form "A" in the Fi:nst Schedule which should be return ed wlilthin 30 days of 1eceipt; and ' (2) A oopy of the nOltice referred to in subregulation 11 (l) above shall be forwarded to every person Ldenl1Jified es hav mg forrnely held an allocation of land within the selected agri cultural area 'and the Chairman of the Allocating Authority 0011 cerned. ..,1-. • d f th li~' f d' ,4." b Selectd.l()ID. of(3) When tne perro 10 e app cation re erre to m BU - intended regtrlanion 11 (1) has expired the District Secretary w.ill compile ~~ a list loif applicatlons by name and place of residence, indJ1O<libing on rthe list every person identif" ed as having forrnerly heldan allocaeion of Iand wrbhin Ithe declared selected agrdcultural area, forwarding Ithe list 'to the said Chairman and reqU'OOIViJng him together with diis Allocating Authority to interview \the applicants. (4) The Chairman IOf iVhe AlJoeating Authorety shall notify the .appiicants ofthe time, date and place of the hearing rof .the apphications land the applioants shall be entiitleo to 'appear' and make representations or submissions in support of his applica tion. (5) Af,teroonsultcutilons with the District Secretary and the Distmi:ot Agricultural Offdcer the A!1l\Y~at>ing Authority shall pre pave 'a liSit of successful applncants which shall be forwarded to the Dlstriot Secretary within 30 days. (G) Each applicant will be notified oftne Allocating' Autho rity's decision. The decision on any apphoations shaH be in wrst ing setting ourt: adequately !1:Jhe ground upon which ""litis given. 12. (1) rl1he selection Jist referred to in subregulation 11 ~~~tA(I1h' (3) ". above sU1all he prepared in the Form HAC" il11 the First Schedule Schedule and shall clearlyspecify» Siband;ard and speoi1all lease oondi oons T:i~t1es Form "AC" Fimlt Schedule Form "'An" Fimt Sdhedule Ground rem Second Sehedule Size ()( hdldAlllg (a) whether each intended grantee last held an allooatiQn of land EoI' agricultural purposes within the selected agricultural area concerned; (b) the residence oreach person on 'the list; (c) the parcel numberfs) assigned to each successful applicant; and (d) ground rental rates whion are to be reserved under the respeotive leases; (e) standard and special lease conditions which shall apply as determined 'i!n accordance with regulation 12(2). (2) The Ministor responsjble for Agriculture, based 'On the land use plan, shall determine which of the standard lease COIl ditions are to apply to each Iease and whether special Iease 00Il dstions are to be reserved In a such lease. 13. When completed, 'the District Secretary shall forward 1;0 the Commissloner of Lands, pursuant to section 51 of the A~t; (a) the list, prepared 'in form "AC", accompanied by an an notated map; (b) original of the application forms "AB" lodged by the applicants. PART III Standard conditions applying to agricultural fees 14. The term of an agrtcultural lease shall 'Om exceed ninety years In duration, 15. (1) Where-a person is required to pay ground rent for an agricujtural lease, the rent shall be calculated 'in accordance wiJth the Second Schedule (2) For the purposes of tho Second Schedule Ithe grading of land held under an agricultural lease shall be determined by the Minister responsible for Agriculture. (3) On the advice of the Minister responsible for Agricul ture, the Minister may, by order, amend, vary or increase the arnoune of all or any nf the ground rent amounts tabulated in the Second Schedule. (4) Unless the Minister, after oonsultatlons with the Min ister responsible £01' Agriculture, directs otherwise, no ground rent will be 'assessed and payable Ior the first five years of the term of the lease. 16. No person shall hold, within a selected agricultural area, either by lease or by sublease, cropland in excess 'Of twenty hectares unless exempted by the Minister upon receiving advice from the Minister responsible for Agrlcnlture. 17. (1) All agricultural leases shall be deemed to include tho statutory oonditaons laid down in the Third Schedule unless tho lease specifies otherwise. (2) A tease may mclude such other condtions as tthe Min ister rnay dir-ect afeer consultatdons with the Minister responsible for Agniculture. Statutory and other lease oondi t~ans Third Schedule Development 18. The development charges sotout in the FOU11th Schedule Oharges shall he payable by Lessees of agricultural land under lease, 19. Any person who makes an application or is in receipt of any !S0l'V1.lCe lor document specified in the Flifth Schedule shall pay the appropriate f'oe speciried in that Schedule in respect of the applioation, service or document as t11€ case may be. Admmlstra tive Fees Jlnherilbance 20. The Inheritance provislons as specified in regulations L N N 11':• • O..U 9, 10 and 11 in the Land Regulation 1980 shall apply mutatis otf 1980 mutandis to land held under a lease for agricultural purposes. 21. All leases rOlf agrdcultural purposes which were granted or issued prior to the commencement of these regulations shall continue In full force and effect on the terms 'and conditdon as specified in the respective lease's. Savings Subleases22. (l) Any lessee or allottee may sublease tile land held under lease or allocation. Provided that 'if the term of such sub lease lis fora period of more than three years Ministerlal consent w ill he required in terms of s ections 35 and 36 of :tJhe Land Act 1979, 'and such sublease wifl be registrable as provided lin :the Deeds Registry Act 1967. (2) Any sublease must contain, inter alia, the following terms and condib10rns: (a) commencement and termination dates; (b) rental rate; (c) obligartJiJon and rj'gMs of the sublessee; (d) ooligations and rights of the sublessor) (e) provlsion for a,rbiJt.rn;t~on in the case of any dispute; (f) provision {tor terminatlon in the case 'of a breach of any condjtion ., (g) the written approval of the terms of sublease by the Al1JocaitJirng Authority naving jurisdiction; 23. Subject to the provislons of sections 35 and 36 of !f1he Mo:rtgag~ Land Act 'a lessee 'or sublessee may encumber the land under lease by mortgage. Form "AA"FIRST SOHEnULE (Regulation J) Application for an agricultural lease outside a selected agricultural area To! The Oornrmssioner or Lands, through the office of the Chair I11Jan of ltJl]e , ~ .. A!HocatiJng Authority and office of the District Secretary. PART A ('I10 be completed by applicant.Is) ) Insert full name.is) 1. I/We , .. oeeupation . . . address (residential) of . . .. ;apply for the Issue IOf an agricultural lease pursuant to section 11 b ('1) IOf f1:lbe Land Act 1979 with respect to land des cribed as follows: , . Oorrespondenee Address 2. All communicataons and correspondence relating to this application should be addressed to: 3. This application Ismade because the land Is used for agricultural pUTIpOS'es and II We consider that thecondielonscontaln ed I~n the Land Husbandry Act 1969 for the Intended agricultural land use have been air can be attained. The following' information is supplied in support there or. fa) rtihe area 'OreXitJOOJt 'of rohe allocation is hectares. (b) the estimated value of Itheagnicul· tural improvements made already tlO 'the land Is M. .. (c) the level .)f development aJtJta!1nedas at the date of tJh:isarpplicaltJilon in cludes hectares 0'£ annual coops; hectares under peDen nial crops ('ineludtng trees) ; . hectares for pasture for .. (DeLe,te if no certificate . avatlable) (describe animals and state num bers) ; other purposes . .- .. . . (specify) trectares. (d) lthe proposed land use when the Iease Issues will be .. and thaproposed levels of develop merit planned 'for the leased land will be , , . ..................... ,.., ~.- , . 4. The boundaries of the land are desorib ed ras £ol1ows(pl'ov1de sketch/plan if av,aJ1LaJble) : .... '. ~ ,., , . and a .0eI1tificate ,of Allocatton lin my name evidencing my dgh1t Ito use and occupy the land. 5. *I/*W:e/anl*/al1e a *Le8utho citizen ts) and can supply evidence Ito ~thiseifedt 'as follows» Passport No.: dated .. OR *I/We/am */ane* entitled under seotion 6 (1) of the Land Act 1979 to bold a lease, of land the subject of Ith:is apphtoa ItilOOas fol! ow::;: .'•• ~' •• ~ •• ~}~ 1~:.;' , ....•..•• - ••• -.0 ..0. . OR Tll:e said . is ,enlUtled under section 6(1) of ,the ILand Act 1979 to hold a lease of Iand the sub ject of this appllcation because 6. The persons named below declare that between themselves they hold the land in the following shares. 7. To the best of *my/*our knowledge and belief, no other person has or claims any title, use right or interest m or affedtJing the said land other than las statedaad set out 'below that iiStu say:- (set out below paraieulars of mortgages, 'encumbrances" leases or other Interest to which rthe land is subject, including righlts of way, ser vitude, etc. which any person is entitled to or claims): .... ~ ••••••••• a •••;!.•• , , •• •••••• ••••~ •.••••. ••.•.••.•••... ••••• ! ........ • '.'-' , , •••.•••••• - ••• ••••• 8. No person is in possession or OCCUp8JtiOll of .the said land or 'any part thereof ad versely to 11my/our*/the said corpora tion's *right, We to and 'interest in the said land and that: (t) the said land *isj*is not fenced; eli) the said land is occupied by ..."" and ,the authority for such occupation is by ·sublease/tenaneyj*agreement/*ca sual arrangement. 9. *IjWe/Tbe Corporation *hereby apply (ies) to the Chief Surveyor to under-take or arrange all rlhe survey work necessary for Identlfication of the landfor which a lease is to he lssued and undertake to pay the cost of any such survey work a's certified by the Offie! Surveyor to the Lesotho Govemment or private surveyor named by the Ohief Surveyor who does 'the survey work on behalf of the Cbief Surveyor, Date: ,.'" , " " , Signature (s ) t()f applicant(s) or thumb prtnt(8) uf applicantrs) 10. This application is made in exercise of the power conferred on me by a power of attornev da ted " " " .. and made by ' " . CER~roATETO BE COMPLETED BY THE PERSON WlTNESSINGTHE AFl~XING OF THE A:~CANT'S THUMB PRINT This certificate is given by ." . ~.~~., -.. ---~. ~ - -- " "" .. ~ ~ ., ,' ~ "" ' t .. • ••• , -.- •••• "0"•.~ J. .. -. - ~ .. of .. ..' . ............ .,. , ~~ " ~.. - , - . who certifies that the applicant named 00 lthis Form "AA tl understands the contents ()!f thls form and that I have completed this form OJ... ~hiis/her behalf land wit nessed the affixing 'Of his/" jher*jright* thumb prin.t as required. Date: , , . Signature of person who witnessed theaffixing af the thumb print. PART B (To he completed by the Chairman of ~the Al10catling Auth.orlJty having jueisdiction) I hereby -certify that allocated land which Is the subject of this application is lawfully. held for agricultural purposes by the applicarrtts) as evidenced by the attached Certificate of Allocaeion Dated: . Chairman of the Alloeating Authority PART C (To be completed by the District Agricultural Officer An agricultural lease compri'sing standard conditions num bered ................................... .. ~.... ~ ~.~ ~ ~ . and with specialaondJiitJioo (s) :- . . ••••••• ~ ~., ~ ~ ~................... .. ~ OR·.. • .. •••• .. ~ . ................ ~. ~ ,. ~~ ~ , ~ ••••••••• 4 .................. ~.................................................... ••• • • ~ 6 t· ••••• t ,. is to issue to tJhe applicantfs) with respect to the land deli.. neated 0i11 the aJtrtached plan No.: . . . Date: . Dlstric; Agricultural Form "AlB" PART D Decision of the Allocating Authority 1. (a) I hereby determine that the apphcatson for Ithe granting .of an agricultu ral Lease which is ItJhe sub jeot 'of thts application has been approved and that the standard land special conditions as .reeommended by Ithe District Agricultural Off11cer and dnscnibed on Bart C of this form have/have not been accepted. Date: . . Chairman 'Of !the A:HocaJtJing Authorllty (b) dn theevent rtm~t the apphcation has beenapproved hut .the standard and/or·.speeial condlnons las re commended [by the District Agricultural QUIreI' have been changed, the Chairman shall state below the reason!'; for such changes and shall idootMy such new standard and specialconditions as shall apply: ...........................................- -- " . Date: . Chairman of Ithe Allocatlng '.' AU1tbJority FIRJST SCHEDULE (Reguiatlon il) Application for a grant of an agricultural lease in a selected agricultural area (Delete 'any paf1t of rthis Form which does not apply) . . 1. To: The Commissioner of Land through the off/ice of the District Secretary 2. Name of Applicant ....... . . R ~ • " Correspondence Address of'Applicant .................. •• • , ••• '. .. •• ', n . Occupation 'Of Applicant , . ......................... . • .. . o. . . • - ". Telepbone number . . 3. I aim /we are/citdzen Is) of Lesotho. OR (a) (b) gistered under Lesotho law and detaiUs enclosed are as f1ol1ows:· A certified copy IOf the Certificate of Incorporatsoa/re gi!stratLon and alsooer'tified copy of the Memorandum and Articles of Association; ather evidence \Q{ qualification to hold land 4. If the apphicant Is 'a body corporate or registered by company law, please provide the following tworm'aIt:ion: (a) Names, citizenshap 'and addresses of the 'officers of tne company empowered to affix the company's seal and execute documents/deeds on its behalf: ~~---- .. -- .. ~ .. ~........... -" ' 0/0 ··"' .. '!.••• (b) WheltheTaJllY share holding is held by Lesotho diJtizeIliS or companies whobly owned lor 'operated by Lesotho oitizens 'and the extent 'of this shar-e holding: - . ....~..~..~ '., .' .. (c) 1lhe name and address of the duly appol1nlted agent t() gether w1th a oeztifioate of Ibis registered power of attorney i'f the company's officers are not Lesotho citi zens 'Or do not hold permits of indefinite sojourn fu Lesotho: " ; . !5. Purposes fiolr which land lis required, 'and glve a desorip tion of Ithe plot 'H advertised wiJtJh reference to ttJhe ad verbisement notice 'as the ease may be: (oa) Land use proposed . ••••••••••••' , ,... .. ••••• - -. , 10•••• , (b) Plot INo Dtstrict 'Of . (c) Adventisement No . (d) Lease required : . 6. I hereby confirm that I had the following Lnlteres.t 'in the land whi:ch is the subject 'of the selected agricultnrat area to which this appldcatlcn refers : ~.""". , .. -~ ~ "~"~." , , ,.......... .. , " . ............. -~ •••••••• ••••••••••••••• ~ H.. • ••• ~ ••••••• h '''~.' •• ~ " ••••••".,. ' ,. •• •• 0 ••••••• " ~ •• - ~.~ ••• ~-~ ••• " ••••• " ~ •• ~.' "'.'.' ••• , ,. 0\•••••••••••• Date: INTENDED GRANTEE PREVIOUS ALLOCATION YESjNO FIRST SCHEDULE (Regulation 12) Selection list PLACE OF PARCEL GROUND RESIDENCE ~'U'MBER(S) RENTAL Form "AC" STANDARD LEASE CONDITIONS SPECIAL LEASE CO~1)ITIONS SECOND SCHEDULE (Regulatton 13J Rates of ground rents in respect of leases for agricultural purpose Land Use Classification " N I R/F 0 Grade :MalloVijihectJares A 20.00 100.00 5.00 100.00 I B 15.00 75.00 4.00 80.00 C 10.00 50.00 3.00 00.00 D 7.50 10.00 2.00 30.00 E 5.00 20.00 1.00 10.00 * N: Land used for non-lrrigated agniculrure * I: Land used for irrigated agriculture R/F': Land used £01' range grazing or forestry 0: Other THIRD SCHEDULE (Regulations 17) Statutory conditions for agricultural Ieases 1. Unless special wrdtten authority is given by the Minister responsible ]01' Agriculture, the lessee shall commence operation of the leased land consistent wI1th the land use purpose specifi:ed 1n this lease w:iJUhin twelve (12) months of the date of grant or issue of this lease and subject to the provisions of the Land Husbandry Act 1969 and subsequent regulations promulgated under that Act which apply to the agricultural land use purpose contairied Jn the lease. . 2. The lessee shall use the land under this lease only for the purpose specified in the lease or any variationas to the agri cultural land use which may be matte under section 41 'Of the Act. 3. The lessee shall permit entry on the land under this lease at any reasonable period of the day hy a duly empowered. (a) officer, employee, servant or agent of the Government of Lesotho; Act No. 22 of 1969 Land Use Entry EXlisting Public serviltude Overgrazing Land husbatndxy praculces CU11tiV1artllolll Good verpl<llilf etc. .Ministerial consent Payment of ground rent Ob ) employee, servam or agent of any statutoryoorporatdon or parastatal organisatlon esbablished to provide and maintain puolic u1:JHity services. 4. Save 'WiJththe wrdtten authority of the Minister no elee bnical power 101' telephone pale or line or water, drainage or se werpdpe being upon or passing through over or under Ithe Land under rthlis,lease,. and no replacement thereof, shall he moved or in any way he ri:ntJeref!ered· with and reasonable access thereto shall be preserved ,to allow for insp ection, maintenance, repair, renewal land replacement thereof'. ..... ' ~.. Full :right and liberty is reserved unto the G~v~rnment of Lesotho freely toexercise or have, or unto the Minister to grnnt'to-a statutory corporation or parastatal orgamsatton, the right ffleely rt:Jo exercise or have 'a pubjic servitude over the land for Ithcpurpose of providing and maintatning public util!ilty ser vices-and more.par-ticularlyfor the purpose of erecting telephone 'Or electric power poles, installing electric or telephone wares and cables, laying' down drains sewers or water pipes land maintain ing rbhe same. G) The lessee shalhriot cause or allow the 'land to be over graz~ .. 7) The lessee shall combat soil erosion and adopt sound land husbandry practioesto tne saltJisfaotJiJOn of the District Agnl cultural Offdcer, '""'>, \ 8. ) The lessee shall use and culttvatearable Iand,, . 9. The" dntenior and exterior of any building erected on the land andall building additions the reto and all other buildings at walls, drains and other 'appurtenances, shall he kept 'by the lessee In good repair and tenantable condition ttJo the sadsfaction of the Minister. '(~>' " . . . \. 1.0) ,N-P. lact,. matter nr thing, whatever, sha[[ (be done or per.ml~ted.tbo 'be done upon tile land or any pant IOf such land which may cause 'Or lead to pollution of the environment or result in tnecreatton of any hazard to the health IOf other per sons, .ur become ~ nuisance lor annoyance to or damage or in any wa~, 'llnterfer~ with the. peace and comfort of adjolning' lessees or Ithe IOCCUP1€'flS of adJo'JTImg Oil' other lands in the neighbour hood. the thirty first day of March .in each year provided that on exe cution of tne lease the lessee. shall paygrounn reDJt duefor the period ending Ithe thirty firslt day or l\iarch next whIi:ch shcrll be calculated as follows> (a) when the lease subsists on any day in the month of April, one whole year's rent; (b)in 'any other case, orne whole year's renrt Less one twelth thereof 'roreiach complete month of thalt year that has elapsed prior to the date of the grant or issue of the lease. 13. Annual ground rent revision reserved in this lease Ground rent f h 1 revisionshall he subject to revision eve1ry ten years 0 It 'e ease. 14. )Uponaipplica:honby the lessee madenot later than six Renewal monthsbefore expiry 0f the term of this lease, the lessee shall be entitled Ito the grant of a new lease of the land on terms set by the Minister followdng' oonsultation with the M!ill'islter respons ible for Agriculture, provided the land or part thereof is not requsred for 'a 'Public purpose. 15 The lessee shall forfeit his Iease in lthe event of any breach of any statutorv conditions in accordance w1th Ithe pro- Forfeilture visions 'Of section 42 of the Land Act 1979. or! lease FOURTH SCHEDULE (Regulation 18) Determination of development charges 2. Road cbm-ge (M'aJ:lnten amce) ~. Otitwr oharie5 Following consultation with 1'h0 Minister of Works the charges prescribed under section 69 is) of the Land Am 1979 1. R'Olld cbatrges are:- (Corsstrue tJion). 'I'otal cost ,o'f construction shared pro-rata as to the area of land leased, used or occupied by the nersons directlv bene'lii1ling therefrom which charge shall be paid Ito the appropraate autho rity by weekly, monthly, quarterly or annual 'instalmenrts as decided by that authority due account being taken when capttal costs f1or:o~d construction are by loan carrying 'interest pay merits or If Instalments payments are overdue. Annual cost 'of maintenance shared pro-rata as to the area o~ land leased...used or occupied by the persons directly 'Or in directly benefiting therefrom which charge shall be paid in 1Jd vance Ito th.e appropriate authoritv by weekly, monthly, quarterly or .rannual instalments as decided by thrut aufuor1ty, due account being taken 'of Interest sums when instalment payments are over due. Total costs of construction and annual costs of maintenance and use relaJUng to the prevision of Se-rvi'ceiS shared pro-rata as to:the area of the land leased, used or occupied by t!he persons directly or dnduectlybeneflting therefrom which charge shall be paid in advance to the appropriate authority by weekly, monthly, quarterly or annual Instalments as decided upon by that autho rity, due account being taken of interest when capital cost for construction are by loan carrying' interest payments are 'Overdue. FIFTH SCHEDULE (Regulation 19) Admdnistrauve Fees 1. F10r preparateon of a lease 2. F19f preparetton of: (a) any rotber document Involving title to land (Ib) any specific consent 3. ;F1or any publication I()T planning service, actual or ,estimate cost 4. A levy of 5% I()f amount of ground rent shall be payable eaeh ltime by each lessee who is in defaulJt of payment in advance of ground rent reserved under a lease, or MIO.OO or whichever is the greater. M40.00 M40.00 MIO.OO 1420.00 M. l\faltete, Minister of the Interior and Chieftainship Affairs.