Resolution of the Revolutionary Command Council promulgating the Law on the protection of agricultural land

ANNEX 0 B" LIBYAN" --ARAB REPUBL'IC A Resol utj.on of the Revol utionarv Cornman a Council ------·--------- ........, £!'9.~131:.9:..ating cL ~aw for the Protec tion of Aqriculturol In the name of the.people The Revolutionary Command Council Having seen the Constitutional Declaration No. 1 issued On 2 Shawal 1392 corresponding to 11 "December J.969, and The law for protection of afforested land issued On 7 D~.u El-1-Iijja 1386 corresponding to 18 March 1967, and Law No. 5 of 1969 for the planning and organisation.of tovms and v=11&ges, and Acting upon the submission of the Minister of Agriculture and Agrarian Reform, and approval of the Council of Ministe.rs Do hereby order as follows: Article (1) In applying the provisions of this law and the Regulaticns issued thereunder, unless otherwise provided for, agricultural lan~ ~ shall mean such lands as located outside the approved town and village plans, which are utilised or naturally useful for inves~:::E,nt :-, uricultural production, including no.tural forestry. pasture land, and afforested or tree-planted land. Article (2) 1. DisPo.,sal of ~gricultural land shall be prohibited for other purposes 2xcept agricultural utilisation or investment. 2. Agricultural land plot division for disposal to others shall be prohibited, unless a relevant license has been obtained from the Ministry of Agriculture and Agrarian Reform. Such a license shall only be issued in necessary cases, provided that the land plots shall be valid for agricultural production utilisation. 3. Any pertinent land disposal contravening the provisions of this Article shall be void and shall hot be registered. Ar.ticle (3) 1. Construction of buildings on agricultural land shall be prohibited.Land plot division for building purposes or diversion of agricu1t1:1ral land in any form for building purposes or any other purpose except for agricultural uti lisation shall be prohibited. 2o Building license on agricultural land shall not be given, unless a relevant decision for allocation of such land for building purposes be issued. Such a license shall only be issued in the f~llowing cases: a) Construction of mosques, restaurants, rest-houses, groceries or fuel stations on public roads. b) Construction of public utilities or agricultural o~ ind us trial fa-ci-1i-ties. c) Construction of buildings for the accommod.::.tion o!2 ::h-::: landlord and his employees. 3. A decision for the allocation of land for such buildings shall be issued by the Minister under a Regulation to be issued by the Council of Ministers upon the submission of the Minis-t.et of Agriculture and Agrarian Reform and the Minister cf f-Iov.sin.9 ana Utilities. 4. In applying this Article, any land £or which the relevant license for plot division or building has not oeen issued 1 shall be considered as agricultural land, even if interim land plot division or building works have been commencedo Article ( 4 ) 1. Any damage or harmful act to agricultural land and the relc .vant trees and plants shall be prohibited, whether by causi~9 damage t0 soil or spoiling its composition or reducing· its fertility or causing damage to trees and plants or c1:tting them down or harming them in any manner, or damaging water springs or sources or the. facilities of water carriage er pumping, or through. a.)1y o-U1er harmful act. Any negligence l&i..di-ng or which would lead tc damage tc, agricultural land, trees, pl2.:1ts and agricul tu:".'2.l f c1d.li t·.::s shall be considered a harmful act er offence. 3o Negligence of agricultural land 1Jli thout utilisation fer a period exceeding one agricultural. year ,vi thout a reaso~:-ble: exc.use shall also be considered a harmful actor offence. Article (5) 1. Any agricultural land shall not be included in a certain physical development ·planning prcject except after the approval cf the Minister of Agriculture and Agrarian Refc,rm. 2. Such a physical development planning project shall not be implemented with respect to the relevant agricultural areas except after seeking the advic~ cf the Minister of Agricul ture and Agrarian Refcrm. 3. Any trees existing in the lane located within the scope of the approved physical develcpment plans shall not be cut dv\lm, unless permission has been obtainEd from the Ministry of Agriculture and Agrarian Reform. ~ticle ( 6) Trees existing in the areas lccated outside the to\lm and village plans shall net be cut do\lm, as long as they serve the purpose of plantation unless·for the sake of substitution or agricultural utilisation or in necessary cases as d2termined.by a Regulation tc be issued by.the Minister. In all the above cases, a relevant permission must be cbtcinec befcre cutting down the trees. . .. /5 Article (7) Public notarie? and other persons legally authorised for the preparation of legdl documents shall not be allowed to prepare or l~galise any relevant disposal which does not comply with the provisions of this Lav. The Cadastral Registration and Docurr.entation Department shall not register such disposal. Article ( 8). Without prejudice to any other severer punishment as provide( for in the punishment Law or any other Law, any person violating or ccntravening the provisions of Article (2), Art~3 (1), Art 4, Art.5 (3), or Art 6, shall be punished by imprisc~. ment for a period not exceeding one year and not less than three months, and a penalty not exceeding three thousand pounds and not l~~s than five hundred pounds or either punishment. The Court of Law may a·ecide - together with the punishment for the removal cf the works constructed in contravention to the provisions of the above articles, tcgether with restoration of the location to the original form at the expense of the contravening person. . .. /6 Article (2.l The staff tc be designated by a decision of tb.e M:.nis·:::c't" 0£: A9ricul tui:-e and Agrarian Reforrn shall have the judic:i.ary capaci t.y respect to investigation of relevant of fences as contTaveni::g thE: ~>o7isions of this Law. In this capacity such persons shall be empor-ered to sus:--endct contravening acts through the administrative procedures, seeking the assistance of security authorities of the Govermnent. The Law fo~ the protection of afforested land~ issued on 7 Dhu El-Hijja 1486 corresponding to 18 March 1967, as well as f'.!'!:7 ether provisions contravening the provisions of this Law shall be Article ( 1,1) The Minister of Agriculture and Agrarian Reform shall imple ~1\e11t this Law which shall come into .force as from the date of its publication in the Official Gazette. ssued on 7 Muharran 1390 H o~responding to 15 March 1970 The Revolutionary Command Counci , (-Gol. Muammar El-Gaddhafi) Prime Minister (Dr. Juma Shuraiha) 1A:f:"ster- of Agriculture & Agrarian Reform y 1972