Land (Allocation Committees) Regulations, 2001 (L.N. No. 72 of 2001)

Land (Allocation ConunifteeS) ~ NOJ'N;'l! No. 12 PUblisbed on 4/5~001 THE LAND ACT (No. 4 o, 1999) TlfE LAND REGULATIONS 2001 (Made under sections 12 & 179) Ttili LANU 1.t\LLOCMION (.,'QMMlTIEES} Rt,'.{)'ULl(!'lON~ PART! PRELIMINARY 1. These Regulatlons may be cited ea the La.tm (A.U%ation Committees) Regulations 2001, 2. In these·llcgulations, llllless the context otherwise requirea "Act" rueans the Land Act, 1999; "authtirized officer" ha~ the meaning ascribed to this exvression hy the Land Act; "Chief :Executive Officer'' me.ins the Town Director, Municipal "Commissioner" nwam the Corumissioner for Lands; "District Authority" means a district authority established or deemed to tmvc been e,,tabll&hed under and governed by the Local Govcmmcnt (District Authorities) Act No. 7 of 1982; ''Ministry" n,cans tl,0 Mil.ti£lry respon.tibie for lands; "Urban am\. •1ity'' means an. i.u:ban authority \'-Stablished or deem~d to have been established under and governed by the Local Governme11t {Urban Authorities) Act No. 8 of 1982. 625 Citatioo Interpreta­ tion Land (Allocation Committees) ··~···-·-· ;,;,;...::.c:;:;,,: ====" fAl<.T II ,,, , .. ;Hl\!ENT OF LAND ALLOCATION COMMl'l'TEES .1, There is hereby established in every district authority, eivery urban autlwrity and at the Ministry's headquarters a Land Allocation Committee (hereinafter reffered to as "the (ommitree") 4. Tlt(;l !.:Qmpositiouofthe Committee shall be: A., A-.: the d'lstrkt Authudty h.inl (i) The District Executive Diwctor in charge of the district as Chuinnan; (ii) Authorized Officer as Secretary; (tit) Surveyor in charge; (iv) Town Planner in charge; (v) Two councilors 0110 of whom shall be a woman; (vi) Any two other officers representing other sectors which the district autlmrity deems appropriate. B At the urban authority level: (i) C'hief exe¢utive officer of the authority, as Chairman; (ii) "A.mhori7.ed Officer" as Secretary; (!ii) St11"1/eyor iri chargt?; ,iv) Town Planner in charge, { ¥) Two councilo,· 011e of whom shall bQ a woman; (vi) Any two other offk:f'rs representing other sec.tots which the urban authority deems appropriate. 626 Land (Allocation Committees) C At the Ministry's hHdqunrter$/or Central level: (i) The Commis,ioner, as Chainnan; (ii) One "tiuthorized officer'' and appointed by the Commissioner. who shall be the Sccretarv: but shall n01:vo1e; (iii) The Director of Surveys and Mapping; (iv) Th1:1 Di1'WtorofHumlt7) Sertle:mentt1 (DHS); (v) Director responsible for geo.der from the Ministry of Community Development, Women and Children AfTuiQ;; \v'I) rntet\\'.ll ot l,c,c<a\ Gove-tntne:nt ftl)m \he \'leSu\en\'s Office- Ilegkmal Administration attd Local Government; (vii)Director of Livestock from. the Mit1istry {1fLivcstock and: Water; (viii) Director for Tourism from the Mini1>try of Natural Reaources and Tourism; (J~\ Oi.te<:tot TCSQOWiible for Investment from the President's Office - Ptam'ling COOlYllission.; (X) One representative from the Min.istrY of Pefenoo, G.N, No. 72 (conktJ :!,, M()m\J~~b\:p ..:.f 1.h~ ~n\Mi.t.tA~ 'lha1t terttu'.tt"'-("" '11\ l'enw:e ccMing to hold the retevanr central/local government post (for whate'ler teason including revocation of the designation "ttuthorized ot11cet") or revocartort uf01~e rcgulaciona whioh wer occurs first 6. (a) The q'llorum at District and Urbl!ll authority Quorum level shall be half of the number of memben including Chairm8l) and'Secretary. (b) The quorum at Central )evel shall be half of the: nmnl>er of ntembers including the Chainnan. 627 Cl.N, No, 72 (contd.) Meeting Voting Functions Land (Allocation Committees) 7, The Committee shall meet at such times, intervals and places as the Chainnan may detennine. 8, Decision at any meeting of the Committee $hall be made primarily by oonoommo tmd whoro coruionouo iG not rooched the decision shall be by majority of members present and voting and in case of equality of votes the Chainnan shall have a casting vote in his deliberative vote, 9. The functions of the Committees shall be to allocate land at the following levels * A. At the district authority level (excluding land within boundaries of an urban authority) In respect to~ (i) Plots for central/1,;x:al government offices; (ii) Plots for resid~tial, commercial/trade and &crvicc rur1)o&cs; (iii) Plots for hotels, heavy and lilght/small industries; (iv) J'lot/j for n;Jigi1>U:i and ohnritabfo pu.tpO,W,\I; (v) Farms not exceeding five hundred (500) acres; (vi) Fam1s exceeding five hundred (500) acres subjecl to the,approval of the Minister. (vii) Land for other purposes not specified above. B At tbe urban authority level in respect to (i) Plots for central/local government offices; (ii) Plots for residential, commercial/trade and se.rvice purposes; (iii) Plots for hotels, heavy and light/small industries; (iv) Plots for relh•:ious nnd charitable ourooses: (v) Land for urban farming; (vi) Land for other purposes not specified above, 628 Land rAllocation Committees) C At the Ministry's beadqnarten or Ceatrtl level tn rtspect to• (i) Land for cttati()n ()fnew mban centers; (ii) Plots for forei~ missiOni; (iii) Beach are!lll il.Jld small islandl'I; (iv) Plots rot housing estates exceeding an area of (v) Land for allocation to the Tanzania Investment Centre for inve&tment purposes under tho TanZltllla lnve.nment Act, 1997 (vi) Land for use for activities which are of interest ofnational interest. 10.-(1) Where a Committee has allocated land, the Comnritt« thall give notice to the public in such a manner as may bring notice'\1) t'tte attention of the public indicating (a)..,... of succe,sful applicants; and (b) location of land. (c) Whore lho Millist<r bas direcled 1hat any porrioo of general hu:id be allocated by way of auction or tender, the Committee slulll at.I~ twenty one days before the meeting of the Committee give notic~ to the public ·in such a mllJlQ.el" as may bring notice to the attention of all inteyested persons to .jfllcb land in;!ioatmg; (a:.) precise-number of plots, and {b) the location ofl,inti t L Subject to the provisions of the Land .Aci, 1he commiUet, may appiove or disapprow an upplication for II right of occupancy. 629 Act No. 26 ofl997 ApJll'(Wal (It dit.app«Wal of an application G.N. No, 72 (contd.) Factors Accountability to the Committee Land (Allocation Committees) 12. Subject to the provisions of the Land Act, the Committee shall consider the following factnn:: ~ (a} the applicant's ability to develop t)1e land in accordance with development condition.a; (b) whether the upplicnnt hM llttaincd the asc of majority save where the minor's application is accompanied by the guardian's evidence 0'f intention and ability to develop the land; (c) whether the applicant has other land under a granted right of occupancy or customary right of occupancy; (d) basis of first in first out; (e) principles of equity1 reasonableness, fairness and gender balance; (.t) the needs of dfasdvantaged groups; 13. A Land Allocation Committ~ established at the level of district and urban authorily shall be answera'Mc to.,and be accountable to (11) "the lnca1 governmtmt authority having j11ri11i1.Hnf1m, in the area on all day to day operations; and (b) the Minister on all technical land matteni. (2) A Land Alloc,a.t:ion Committ(N) cotobUllhod Gt tho Central government shall be answerable to, and be. a<:c:ountable to the Minister. (3) 1ne roie or me R.eglonal Commts11lum:ir amt Dlsutcc Commissioner in relation to the Land Alt()(;ation Cqmmittecs established within their areas .of jurisidiction, shalt be to investigate the legality when questioned of aetiQUS .ind decision of. such committees, $hall inform the Minister acoordingly or t:akc such other appropriate action as may be required 630 l.nnd (Allnr.atirm C'nmmiffPPt) 14,-(1) An Applicant who is aggrieved by a decision o·· the Commlnee at any level may appeal to the District Land and Housing tribunal. (2) The appl,':llate authorities shall be guided by the following principles Dar es Salaam, 3" May, 2001 (a) that appeals arc lodgo"d timeously and infonnally; (b) that the appellant is afforded the right to be hea,~·; "'10 (c) that the appeal is hea.rd and determined ex;)00ious' '." and with.out undue delay G. CHl'Y'..'. Minister for Landt onJ H11man Settlement Dewfop,n,;,.,,r