Land Husbandry Act, 1969 (No. 22 of 1969)

THE LAND HUSBANDRY ACT 1969 No. 22 of 1969 [Date of Assent: 23rd April, 1969] [Date of Commencement.' 16th May . 1969] Gazette 23 ACT To control and improve, in respect of agricultural land, the use of land, soil conservation, water resources, irrigation and certain agricultural practices, and to provide for incidental or connec ted matters. Enacted by the Parliament of Lesotho. 1. This Act may be cited as the Land Husbandry Act 1969 . Citation 2. In this Act and in the regulations, unless the context I!'terprela. otherwise requires- lion "agriculture" means all activities relating to crop production, to the keeping, breeding or raising of livestock, and to the forestry; and the word "agricultural" shall be eon strued accordingly; "chief" has the same meaning as is ascribed thereto in sub section (1) of section 2 of the Chieftainship Act 1968; " livestock" means cattle, horses, donkeys, mules, sheep, goats, pigs, poultry, rodents and such other species of animals as the Minister may prescribe by Notice in the Gazette; and "Minister" means the Minister responsible for Agriculture. 3 . (l) The provisions of this Act and of the regulations Appli cation shall not apply to an area of land whenever and for so long as that of Act land is not agricultural land in terms of subsection (2) . . (2) An area of land is not agricultural land whenever and for so long as that land is not in fact being utilised for the purpose of the growing of crops or the grazing of livestock and (a) is being held in accordance with a mineral title granted in terms of the law governing mining rights; or (b) is being held in accordance with an allocation made in terms of section 93 of the Constitution foe one or more of the following purposes: (I) residential use (including stables, kraals and similar structures); (Ii) Government use (including roads, stock-paths and footpaths) , institutional use or commercial use (all exclusive of the growing of crops or the grazing of livestock); (iii) burial of the dead. Power to make regula tions in respect of agricultural land 4. (1) Subject to subsection (3), the Minister, in respect of agricultural land, may by Notice in the Gazette make regula tions which in his judgement ensure that land is employed in the most beneficial uses, promote soil conservation, proper manage ment of water resources and proper irrigation, and promote certain good and prevent certain bad agricultural practices. (2) 'In particular; but without prejudice to the generality of the foregoing, such regulations may in respect of agricultural land (a ) prescribe the use to which land may be put; that is, allow, prohibit, limit or control on designated land or upon th e occurrence of designated circumstances the 'growing 'of crops or species thereof, the grazing . of, livestock or species or breeds thereof, or the carrying. out of other uses; " (b) prescribe the precautions to be taken to prevent erosion' ',: that ' may-be caused by the cultivation "of land or by , roads, stockpaths or footpaths by the controlling drain age and by requiring the provision or construction and maintainance of contour farrows, storm drains or grass strips 'of such specification and nature as may ,be pre " scribed. " ", (c) prohibit or restrict the cultivation and grazing of designated land and the banks of streams and the draining and cultivation or grazing of :public streams including vleis, ' sponges, marshes, swamps and reed beds; " (d) provide for the preservation and protection of water , resources, incouding springs, vleis, sponges and marshes and the source, course and banks of streams, and in particular control the placing, design and useof .dams; (e) .prescribe th e type of lay-out, levelling and draining to be adopted on land to be cultivated under Irrigatlon and prescribe the circumstances in which such irI-igate1! , land shall be drained and the proper methods to be' 'employed in applying water to irrigated land; , , " (f)prescribe the principles to be adopted in the reduction of the number of livestock on designated land; ,- " (g) , r egulate, controland restrict- " " (i) the number of persons who may be permitted to graze livestock on designated land; and (ii) ' the number ' and species or breeds of livestock that a person may graze on designated land; (h) " 'prOlride;;for ,control of grazing and the introduction of veld or pasture management; (i) .r egulate and...control the manner of watering and the ':: -movement of livestock; (j)-",prohibit; :restrict or control the drawing of sledges, ploughs or logs alongany constructed road, stock-path or footpath; and (k) provide for proper management of trees and other natural flora . (3) The Minister shall, prior to making any regulations under this section, consult with th e Principal Chief or the Ward Chief having jurisdiction over any agricultura l land in respect of which the proposed regulations are to be made. (4) For th e avoidance of doubt it is declared that provisons of th e Declaration of Basotho Law and Custom Numb ers 7(1) and 7(3) of th e Declarations commonly known as Part 1 of the Laws of Lerotholi (Revised Editi on, 1959) are subject to the pro visions of any regulations made under thi s Act. 5. The Minister may consult , in respect of any matter regarding which he has th e power to make reg ulations, with such Government officials or other persons, and at such times and places as th e Minister deems appropriate. 6. (1 ) The regulations may confer a power or impose a duty upon a Chief, or subject to the law rel ating to the public service upon an Inspector appointed in terms of section 9, in order to carry out the provisions of this Act and the regulatio ns. (2) The regulations may empower a Chief or an Inspector, generally or in particular cases , to ente r without warrant upon land at any time for the purpose of (a) exercising a power confe r red, or performing a duty imposed, in accordance with th e provisions of sub sections (1 ) or (3) of this sect ion; or (b) ascertaining whether there is or has been a contraven tion of the provisions of the regulations. (3) The regulations may confer a power upon any society , co-opera tive or other association of persons and, subject to the agreement of that society, co-operative or other association, impose a duty upon such organisation in ord er to carry out the provisions of this Act and th e regulations. 7. (1) The regulations may constitute offences with regard to the contravention of, or failure to comply with, provisions of the regulations or with regard to obstructing or otherwise imped ing the carrying out of th ose provisions. (2) The regulations may prescribe a penalty to be imposed on a person who is found guilty by a court of law of an offence constituted under subsection (1 ) , which penalty, in relation to a first conviction for an offence, may be a fine not exceeding fifty rands or, in default of payment there of, imprisonment for a period not exceeding three months, and, in relation to a subsequent con viction for a similar offence, may be a fine not exceedi ng one hundred and fifty rands or , in default of paymen t thereof, im prisonment for a period not exceeding nine months. 8. (1) Different regulations may be made under this Act for different areas of land , for different types of soil, for different types of cultivation, for differen t species of crops or for different species or breeds of livestock. Consultation Powers and duties of chiefs and inspectors OfTences and penalties Appli cation of and exemption from regul a tions Appoint ment of inspectors Repeals (2) The Minister may pro vide by Notice in the Gazette that a person or class of persons is exempt, subject to such conditions as th e Minister may prescribe, from th e operation of a provision of a regulation made under this Act. 9. Subject to th e law relating to th e public service, the Minister may appoint any person in writ ing and by name or office as an Inspector for the purpose of th is Act and the regulations. 10. To the extent not previously repealed th e laws set forth below are hereby repealed with effect from a date to be fixed by the Ministe r by Notice in the Gazette. Different dates may be so fixed for the repeal of different provisions of th ese laws. By-Laws Numbers 4, 5 and 6 of the Rural Areas (Grazing Cont rol, Pounds and Trespasses) By-Laws, 1963 (Govern ment Notice No. 24 of 1963) . Paramount Chief's Rules Numbers 11, 28, 31 and 32 of the Rules commonly known as Part II of the Laws of Lerotholi (Revised Edition, 1959). Paramount Chief's Orders Numb ers 4, 5, 5(bis) 5(ter) and 13 of the Orders commonly known as Part III of the Laws of Lerotholi (Revised Edition, 1959)