Terms and Conditions of Lease of State Lands for Agricultural Purposes

8/8/1919 TERtVlS AND CONDITIONS OF LEASE OF STATE LANDS FOR AGRICULTURAL PURPOSES SPECIAL TERMS AND CONDITIONS ON WHICH STATE LANDS IN GUYANA CAN BE OBTAINED FOR THE CULTIVATION ON A LARGE SCALE OF RUBBER, LIMES OR OTHER CITRUS FRUIT, CACAO, COFFEE, FIBRES, COCONUTS, AND OTHER PERMANENT AGRICULTURAL PRODUCTS, UNDER THE STATE LANDS ACT 1. The President will in ordinary cases grant leases of area of land of such acreage, as he may think fit, for the purpose of cultivating thereon all or any of the following products, viz., rubber, limes or other citrus fruit , cacao, coffee, fibres, coconuts and other permanent agricultural products thereon for a term of ninety-nine years subject to the following terms and conditions: (a) No rent shall be payable during the first five years of the lease, but the lessee shall pay an annual rent of ten cents per acre during the remainder of the lease, and in default of payment of such rent within one month of the same becoming due, the lessee shall in addition pay interest thereon at the rate of six per cent per annum for each day of such default. (b) The lessee shall each year plant not less than one twenty-fifth part of the land leased until he has so planted not less than the seven twenty-fifths part of the said land and shall maintain such cuitivation in good order to the satisfac tion of the Minister or of such officer as may be from time to time deputed by the Minister to inspect the cultivation, the minimum number of trees to be planted to the acre as above provided shall in every case be that stated in the schedule of requirements as to cultivation hereto appended, or such lesser number as the Minister may, having regard to the nature of the land comprised in the lease, or for other reason, determine: Provided that where the Commissioner is satisfied from the situation of the land or the composition of the soil or from other cause that the cultivation of any portion of the land leased is im practicable or would be out of proportion to the probable returns, such portion may with the approval of the Commissioner badeducted in calculating the area which the lessee is required to cultivate. (c) During the continuance of the lease the lessee shall pay royalty at the rate fixed by the State Lands Regulations for the time being in force, on all balata won from any indigenous trees, and all rubber or other products exported shall be subject to any export tax for the time being in force. LAWS OF GUYANA State Lands Cap. 62:01 17 Terms and Conditions ofLease of State Lands for Agricultural Purposes (d) In clearing the said lands for cultivation no rubber or balata tree shall be destroyed without the permission in writing of the Commissioner of Lands. (e) The lessee shall not transfer his interest in the land leased, or any part thereof, save with the permission of the President but such permission shall not be unreasonably withheld. (f) The lessee shall place and keep on the facade of the land leased on or near to each boundary paal, a board or tablet on which shall be printed in plain legible letters and figures the name of the lessee, and the number and date of the lease under which he holds it; and the lessee shall keep such board or tablet with such inscription in good repair during the continuance of the lease, and he shall also keep the boundary lines of the land so far as he has cultivated or beneficially occupied it, clear and open at all times to the inspection and reasonable satisfaction ofany officerof the Lands Department. (g) It shall be lawful for any officer of the Government authorised in that behalf by the Commissioner to enter upon the land held under any lease or permission at such times as may be reasonable, to inspect the cultivation and the boundary lines, notice boards and paals placed thereon and to do all things necessary to ascertain whether the conditions under which such lease or permission is held are being complied with. (h) The President shall have full power and authority at all times during the term of the lease, to resume and enter upon possession of any part or parts of the land leased which he may deem necessary to resume for any town site, village, railway, tramway, canals, telegraph line, roads, wireless or radio stations, or power transmission, or for any other public work or purpose of public use, utility or convenience; or to sell, lease, license, or otherwise dispose of to any person or persons any part or parts of the said land for any purpose as aforesaid, without making to the lessee any compensation in respect of any part so resumed or sold, leased, licensed or otherwise disposed of as herein provided: Provided, however, that the lands to be so resumed or disposed of under this regulation shall not exceed one-twentieth part of the whole of the land leased and that no such resumption or disposition be made without compensation of any part of the said lands upon which any building has been erected or which may be enclosed and in use for the more convenient occupation of such buildings: [Subsidiary) L.R.O.1/1973 78 Cap. 62:01 LAWS OF GUYANA State Lands [Subsidiary] Terms and Conditions ofLease of State Lands for Agricultural Purposes And provided further that where any part or parts of the lands comprised in the lease is or are disposed of as herein provided the lease shall immediately determine over such part or parts and the rental reserved by the lease shall be proportionately reduced. (i) The agents, servants, or workmen of the Government thereto authorised shall have the right at all times to enter upon the land leased for the purpose of felling or removing any timber or of digging and quarrying and carrying away any rock, soil, sand, clay or other material required for any public purpose without payment of compensation to the lessee. (j) A lease shall not confer on the holder the right to any gold, silver or other metals, minerals, ores, bauxite, rock, gems or precious stones, coal or mineral oil in or under the land leased which shall be saved and reserved to the lessor with the right to enter upon any part or parts of the land leased to search and mine therefor subject, however, to the right to the lessee to receive compensation for any loss or damage to growing crops occasioned by such mining, the amount of any such compensation to be assessed by the Commissioner. 2. If any of the said terms and conditions are not complied with, or the rent is not paid within three months of the same becoming due, the Commissioner shall have the right to re-enter the land leased and take possession of the same, without paying compensation for buildings or machinery erected by the lessee on the said land. 3. If all the terms and conditions of the lease have been complied with, the lessee shall have the right, at any time after the expiration of five years from the date of the lease, to give up and surrender any part of the land comprised in the lease not being more than one-half thereof when the Commissioner of Lands is satisfied that from the composition of the soil or from other cause the cultivation of such part is impracticable or would be out of proportion to the probable returns and thereupon the said lease shall cease and determine as to such land so surrendered and given up, but shall remain valid and effectual as to all the land comprised in it not so given up and surrendered, and if the lessee exercises the right hereby given he shall pay the cost of re-surveying the reduced area and shall submit his lease to be annotated accordingly. 4. If the lessee pays the rent reserved and observes and performs all the covenants and conditions contained in the lease he shall and LAWS OF GUYANA State Lands Cap. 62:01 79 Terms and Conditions ofLease of State Lands for Agricultural Purposes may peaceably and quietly possess and enjoy the land leased without any interruption by the State or any other person lawfully or equitably claiming from or under the State. 5. The fees payable for obtaining a lease, which must be deposited with the application are as follows: [Subsidiary] Filing of application $ c. 500 SURVEY FEES For making any survey up to 10 acres, including diagram 7 50 For surveying each acre over 10 acres and up to 40 acres 50 For surveying each acre over 40 acres and up to 500 acres 30 For the survey of any area over 500 acres the applicant shall deposit additional fees at the following rates (a) For each acre above 500 acres and up to 1,000 acres 20 (b) For each acre above 1,000 acres... 10 Provided that where the actual cost of surveying any tract above 500 acres exceeds the amount deposited, the applicant shall pay the excess cost after survey, and similarly, where the actual cost is less than the amount deposited, the applicant shall be entitled to a refund of the difference. Fur surveying a strip of State land for canal or other purposes including diagram, or for cutting any boundary line between tracts, no diagram being required, per yard of length surveyed or cut ... 02 For surveying and running line of levels, per yard of length 03 SCHEDULE OF REQUIREMENTS AS TO CULTIVATION• Rubber Limes and other citrus fruits Coconuts Cacao Coffee Sisal African Oil Palm ... not less than 40 trees to one acre. do. 100 do. do. 30 do. do. 120 do. do. 150 do. do. 300plants to one acre. do. 30trees to one acre. Notc.-In case of interplanting, such interplanting must be carried out to the satis faction of the Officer who may from time to time be deputed to inspect the land. L.R.D.11/973