Grazing Reserves Law, Chapter 56

Grazing Reserves CHAPTER 56 GRAZING RESERVES ARRANGEMENT OF SECTIONS I [CAP. '56 SECTION - - r ~ PART !.-PRELIMINARY· I. Short title. 2. Interpretation. PART IL-GOVERNMENT GRAZING RESERVES 3. Land which may be constituted reserves. 4. Notification of intention to create reserves and appointmen of 5. 6. 7. 8. 9. 10. I I. 12. I 3. 14. I 5. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. reserve settlement officers. Duties of re,serve settlement officer. Inquiries. Reserve selllement officer to have judicial powers. Reserve selllement officer may sever or join claims. Publication of judgment on completion of inquiry. Appeals from judgment of reserve settlement ol1icer. Rights may be extinguished or modified by Commissioner. Order constituting the grazing reserve. Reserve may be made to exclude areas over which claims are aqmilled. Commissioner may close rights of way and watercourse. Extinguishment of rights. ExLinguishmenl of rights by non-use. Rights in reserves may not be alienated without consent of Commissioner. No new rights to be acquired in land 10 be con~tituted a reserve except with approval. Restriction of entry 10 reserve. Powers of person to grant land absolutely to Government. Power to de-reserve. Regulations. PART lll.-LoCAL GOVERNMENT GRAZING RESERVES j Constitution of Local Authority grazing reserve. Action precedent to constitution of local government reserv . Order co'nstituting local government reserve. I Approval of Commissioner. I 799 800 ,, .. ... ,. .- ,. CAP. 56] Grazing Reserves 27. 28. 29. 30. 31. 32. 33. Power of local government to revise or modify order. Extinguishing of right in local government reserve. Control oflJienation of rights in local government reserve. Restriction of entry to local government reserve. Power 10 d -reserve. Manageme t of local government grazing reserves. Rules. • \ '• ··A LAW FO GRAZIN( I. This 2. ln 11 "Com being resour ' 1encl~ rescrv with I "grazi under "land ... ~ whicl land and i sionc "corr land~ 3. Th subject 1 ,- • Govern 11 (a) la1 (b) ar Grazing Reserves [CAP. 56 CHAPTER 56. GRAZING RESERVES I A LAW FOR THE CONSTITUTION, PRESERVATION AND CON'fllOL OF GRAZING RESERVES AND FOR PURPOSES CONNECTED THEREWITH 801 NN 4 of 1965. SS 2 of 1982. SSLN I of 1982. SS I of 1993. [29 March 1965) Date of PART I-PRELIMINARY l. This Law may be cited as the Grazing Reserves Law. 2. In this Law:- "Commissioner" means the State Commissioner for the time being assigned with rcsponsjbility for ·animal and forest resources; "enclave" means an area completely surrounded by a grazing reserve and excluded from that grazing reserve in accordance with this Law; . "grazing reserve" means any area constituted a grazing reserve under this Law; I "lands at the disposal of the Government" mean1 any lands which, the Government or the Commissioner resppnsible for land has acquired or may acquire by agreement or otherwise and includes lands leased to the Government or the Commis­ sioner responsible for land; "community" means any group of persons occupying any lands in accordance with and subject to customary law. PART ll-GOVERNMENT GRAZING RESERVES 3. The following lands may in accordance with section 12 and subject to sections 4, S, 6, 8, 9 and l O be cons tit utcd as a Government grazing reserve:- (a) lands at the disposal of Government; (b) any lands in respect ofwbich it appears to the Commissioner commence­ ment. . Shon title. ln1crprcta- 1ion. SSLN I of 1982. SS I of 1993. Land which may be con­ s1i1u1cd rcser11cs. SSLN I of 1982. SS I of 1993. , ... .,. 802 Notification of intention to create res­ erves and appointment of reserve settlement officers. SSLN I of 1982. SS I of 1993. Duties of reserve settlement ofllcer.' • SSLN I of 1982. SS I of • '1993. CAP. 56] Grazing Reserves that grazing on such lands should be protected or reserved or grJ.' ing management should be practised. , 4. Bcfor any lands are constituted a Government grazing reserve a n tice shall be published by the Commissioner in the State Gazette:- • . (a) specifying as nearly as may be tl,Je situation and limits of the lands; (b) declaring whether the lands are at the disposal of the Government or are lands .coming within paragraph (b) of section 3; • (c) declaring that it is intended to constitute such lands a Government grazing reserve, either for the general purposes of Government or for the particular use and benefit, wholly or in part, of any class of persons or for the benefit of any community or local government; •, (cl) appointing an officer (hereinafter referred to as the reserve settlement officer) to inquire into and determine the exis­ tence, nature and extent of any rights claimed by or alleged to exist in favour of any persons or communities or brought to the knowledge of the said officer affecting the lands or any other rights in or over the lands. 5. Upoi publication of the notice referred to in section 4, the . reserve sett ement officer shall:- (a) caus the particulars of the lands which it is proposed to cons ·tute a Government grazing reserve to be made known in ·the district or districts in which the lands are situated by causjng a notice tl1ereof to be re~d and interpreted in the local language in every area court in the said district or districts and also by, as far as he considers essential, informing in writing the chiefs of the (:.ommunities dwelling on, and the local governments having jurisdiction over, such lands; (b) fix and, in the manner aforesaid, make known a period within which and a place to or at which any perSOI) or community claiming any right or rights in or over or affecting the lands which it is proposed to constitute a Government grazing reserve shall either send in a \.\"l'jtten statement of claims to him or appear before him and state · orally the nature and extend of their alleged rights. ... J ~ j 6.­ referre (a) (b) (2) of:- (a) (b) (c) 7. settlc1 Distri 8. 1 nqui, any c may. form< 9.- sectic (a) (b ..... 804 Appeals from judg­ ment of reserve settlement officer. Rights may be extingu­ ished or modified by Commis­ sioner. SSLN I of 1982. CAP. 56) Grazing Reser)les ' (2) The notice referred to in subsection (I) shall be made known as far as mf y be practicable to every person who, and the head of any comm nity which, preferred any claim or in respect of which any claim , as brought to the knowledge of the reserve settlement officer. , 10.-( 1) Any person who has mad'e a claim on his own behalf, or where a claim has been made on behalf of a community that person or the representative of that community may, within three months of the date of delivery of the judgment, appeal to a District Judge against that portion of the reserve settlement officer's judgment which affects his claim or the claim made on behalf of the community which he represents. (2) An appeal shall lie to the High Court from a decisi9n of a District Judge on appeal against the judgment of the reserve settlement officer within thirty days of the date of the decision appeal against. 11.-(1) Where the reserve settlement officer has admitted wholly or in part any right or claim and in the opinion of the Commissioner the exercise of such right or claim or any part thereof:- 1 , (a) woLld stultify the objects of any grazing reserve; (b) wJuld seriously hinder the efficient working of any grazing relrve; or (c) ·would do scrioµs damage to any grazing reserve, the Com- missioner may:- • . . . . h an such rights or claims, other than nghts (1) extmg ms . Y eel of hnd with appropriate monetary or claims It\ 1csp • • compensation; or~ . • . .gh r claims to certain areas (ii) confine or restrict any n ts O • reserve or the · h' without the grazmg either wit m or . • t"mes of they.ear; or • e of such nghts to certam I . . exerc1s . rt an one or any combmat1on of (iii) adopt wholly ohr tdn paf dcafing with the matter; and the above met o so ,. h ,. . for lands may cx.tingu1s any the Commissioner resp?ns1ble 'f land with appropriate such rights or claim~ m respect o monetary compensat1on. -· w r (2 subs appl 11 land a Ge less publ P1 the rCSCI , beer (2 subs (a (b (c (3 righ1 but pro, beer bOUI (4 pub as v (: sccl gra. ( mo tio own 1d of hich nent 1alf, that hree trict :er's lfof of a !l'VC ;ion ttcd the )art :ing :hts ary cas the or I Of 1ny ate .. Grazing Reserves [CAP. 56 805 (2) Any person claiming compensaton under the provisions of subsection ( l) may, if dissatisfied with the compensation awarldeo, apply to the High Court for the determination of the matter. 12.-(l) The Governor may make an order constitutin& the Orde~ con­ 'lands in respect 6f which an inquiry under section 6 has been iheld s111u.ung the grazing a Government grazing reserve at the expiration of a period of not reserve. less than three months from the date of publication of the notice f~}f I of published in accordance with section 9: Provided that no such order shall be made until the expiration of the time within which an appeal against the judgment of the reserve settlement officer may be filed or, if such an appeal has been filed, until such appeal has been determined. (2) An ~rc:ler under this section shall, subject to the provisions of subsection (3), set forth:- (a) the limits of the lands which constitute the reserve; (b) all rights affecting the same as set forth in the judgment of the reserve settlement officer or established by the court upon appeal from such judgment'; and (c) such additional rights as the Governor shall consider it just and equitable to allow notwiJhstanding that such rights have not been allowed in the judgment of the reserve settlement officer. • (3) An order under this section shall not include thcreiJ such rights as may have been allowed by the reserve settlement ,9fficer but which have been subsequently modified or extinguis~d as provided by this Law and where the boundaries of the reserve have been modified as provided by this Law the order shall set forth the boundaries as subsequently determined. (4) An order under this section shall in addition to being published in the State Gazette be made known in the same manner as was the judgment of the reserve settlement officer. (5) From the date of the publication of an order under this section in .the State Gazette such lands shall be a Government grazing reserve. (6) Any order made under this section may be revised or modified by the Governor by order and such revision or modifica­ tion may be given retrospective cffec1. p . ~ ·,:.. ',': . ' . • ~ • • • • . • - ' . .... .. r . .. . ~ ,,. '•, j" I ' 806 Reserve may be made 10 exclude areas over which claims are admitted. Commis­ sioner may. close rights or way and watercourse. CAP. 56] Grazing Reserves (7) In any revision or m'odification made by the Governor under subsection (6) the Governor may, after such inquiry, if any, as he shall think fit:­ (a) exercise the powers conferred upon the Commissioner or the Commissioner ~esponsible''for lands by section I I; and (b) add such additional rights as he shall consider it just and equitable to allow notwithstanding that such rights had not been allowed in the judgment of the reserve settlement - officer. • 13. If the reserve settlement officer has admitted wholly or in part any rights on any area which in the opinion of the Commis­ sioner· could be excised from the reserve without materially altering or stultifying the objects of the reserve the Governor may by order so amend the boundaries of the reserve that such areas are excluded from the reserve or he may .create such excluded areas or enclaves within the boundaries of the reserve: ' Provided tha~ in altering the external boundaries of the reserve the. Governor ±all not include any area which lies outside the original. bound ries set out in the notice of the proposed reserve published in ~c ordance :,vith the provisions of section 4. 14. In any Government grazing reserve the Commissioner may '· dose any .right of way or watercourse where in his opinion another right of way or watercourse equally convenient already exists or is provided. ' Extinguish- 15. Subject tq any right to compensation, every right in or over ~;~~~~r • land in respect of which no claim shall have been made to th,e reserve settlement officer, or of which no knowledge shall have·· been acquired by that officer before delivery of his judgment, shall Extinguish­ ment of rights by llOIJ·USe. be extinguished. 16. If any right within a Government grazing reserve shall not have been exercised for a period of ten years it shall be deemed to have been extirtguished. I • ·1· :r 17. Nop, in a Goverr before the rei I 0, by sale, Commission or transfer el 1~. Durit <:;;om mission mcnt grazing of the Gover (a) no rig witfiin grant c . the Cc (b) no ne, (c) no ne, 19. Nop enter any G, do do under ~·j 20. Any behalf of SU< the contrary and convey: in and over: to constitute of this Law. 2'1. The 1 .,,. therein any grazing rese grazing resc date suchJar part of such have been e such ·cessa ti, 22. The following rn .. . I ssioner ,n 11; t just ts ha ;ettle herese utside ~d rese 4. 111 or ov tde to t ;hall ha 1ent, sri~ Grazing Reserves [CAP. 56 No person shall alienate any right affecting land included ~overnment grazing reserve, which has been established the reserve settlement officer or before a court under section ~ale, mortgage or transfer without the consent of the issioner first had and obtained and any such sale, mortgage sfer effected without such consent shall be null and void. During the period between the dates of the publication by a issioner of the notice of his intention to create a Govern­ azing reserve in accordance with section 4 and of the order Governor constituting the reserve under section 12:- no right shall be acquirs:d in or over the land comprised within such notice otherwise than by .succession or under a grant or contract in wfaing entered into with the appreval of the Commissioner; no new house shall be built; and no n~w lands for farming or cultivation shall be c eared. • ' 'N6 person, other than a Government officer on duty, shall ,ny Government grazing reserve unless he is authorised so under this Law or regulations made hereunder. 807 Rights in reserves may not be alien­ ated without consent of Commis- sioner. ~ No new rights 10 be acquired in l:.1nd to be constituted n reserve except with approval. Restriction of entry to reserve. ~ Any person, and the chief or head of any community on· Po,~crs of If of such community, notwithstanding any customary law to ~~~:,~c,~~d Q,Otrary, shall be entitled to enter into any agreement to grant absolutely 10 nvey absolutely to the Government any lands and any rights ~~~~-m­ over any lands, owned by him or them which it is proposed SSLN I.of nstitute a Government grazing reserve under the provisions 1982• IS Law. . The Governor may by order direct that from a date named Power 10 in any lands or any part thereof constituted a Government de-reserve. 'ng ~reserve under section 12 shall cease to be a Government • g ieserve or a part of such reserve and thereupon from such such lands shall cease to,be a Government grazing reserve or a bf such reserve so, however, that the rights, if any, which may been extinguished therein shall not revive in conseq·uencc of cessation. I !2'. 'The Governor may make regulations for all or any of the Regulations. wing matters in respect of a Government grazing 1reserve:- ..... I I 808 Cons1i1u1ion of local gov­ crnmcr11 grazing reserves .• SSLN 1 of 1982. SS I of 1993. Action pr~­ <;,cden1 10 the constitution of n local government grazing reserve. SSLN 1 of 1982. SS I of 1993. CAP. 56] Grazing Reserves (a) prescribing the persons who may use the grazing reserve and the number and type of stock which may be permitted therein· • •, ' (b) prescribing the parts of the grazing reserve which may be used and the times when they may be used; (c) providing for the issue of grazing permits to persons using the grazing-reserve and prescribing the fees for such grazing permits; (d) regulating the management generally of the grazing reserve and prtescribing the activities which may be carried on therein (e) regulat' g the conditions of entry to the grazing reserve; (j) imposi g • penalties not exceeding four hundred naira or imprisonment not exceeding one year, or both, for a breach of any regulation made under thi,s section; and (g) generally for the purposes of carrying out the provisions of this Law. PART III-LoCA'L GOVERNMENT GRAZING RESERVES 23.-( I) A local government may, by order made with the approval of the Commissioner, constitute as a local government grazing reserve any land lying within the area of its jurisdiction. (2) The local government shall pay appropriate monetary com­ pensation to· any person whose right has been extinguished by an order rnade under subsection ( 1 }. (3) Any person claiming compensation under the provisions of subsection (2), may, if dissatisfied with the compensation awarded, apply to the High Court for the determination of the matter. I I • 24.-(1} No lands .shall be constituted a loc~l government grazing reseje under section 23 unless and until:­ (a) the int ntion to constitute such lands a local government grazin reserve has been announced by the local government auth.onty in a m,anner approved by .the Commissioner; and (b) the existence, nature and extent of any rights claimed by or alleged to~ exist in favour of any persons or communities affecting the lands which it is proposed to constitute a local go" anc go" (2) The all clairna (3) Sut forward , subscctio1 ( 4) If l subsectio1 which in ..J whole or • stultifyin1 amend th from the within th, .. J Provid< the Comr boundari, with para ' (5) Al under sec be held b other per: land whi< luted a le 25. E• rnent gra: shall set lands wh: all rights section 2· 26. N grazing re effect uni Commiss ·serve and permitted h may be . ons using :h grazing • 1g reserve arried on ·eserve; naira or r a breach visions of,·. ES with the vernment sdiction. tary com­ bed by an visions of nwarded, a!ter. vernment ,vernmcnt vernment .oner; and med by or nm unities -- Jte a loca1r· Grazing Reserves [CAP. 56 I government grazing reserve has been inquired into and determined by or under the direction of the local government. (2) The announcement referred to in subsection (I) shall require all claimants to put forward their claims within three months . 809 .. • ,(3) Subject to any right to compensation, all claims not put forward within three months of the announcement referred to in • subsection (I) shall be invalid . ... (4) If the inquiry made in accordance with paragraph (b) of subsection (l) discloses the existence o.f any rights in any area which in the opinion of the Commissioner could be excluded in whole or in part from the reserve without materially altering or stultifying the objects of the reserve, the Commissioner may so amend the boundaries of the reserve that such areas are excluded from the reserve or he may create such excluded areas as enclaves within the boundaries of the reserve: • J • Provided that in altering the external boundari~s of the reserve the Commissioner shall not include any area whic 4 lies outside the boundaries of the proposed reserve as announce in accordance with paragraph (a) of subsection (I). (5) At any time either before or after an order has been made under section 23, the Commissioner may cause a further inquiry to be held by or under the direction of the local authority or by any other person for the better determination of the rights affecting the land which it is proposed to constitute or which has been consti­ tuted a local government grazing reserve. 25. Every order under section 23 constituting a local govern- 'Otdc'. con­ ment grazing reserve shall be published in the Stale Gazette and f~~~1 i'~~gvcrn- * shall set forth the limits, situation and approximate area of the mean grazing lands which constitute the local government grazing reserve and reserve. all rights affecting the same as determined under the provisions of section 24. 26. No order under section 23 constituting a local government grazing reserve shall be published in the State Gazette or be of any effect unless and until it has received the approval in,writing of the Commissioner, which approval may be grantel or withheld or Approval of Commis­ sioner. r • • 810 • Power of local govern- ... ment to revise or modify order. Extinguish­ mcnt of rights in local ~ ~govet'nmcnt grazing reserve. CAP. 56] Grazing Reserves -, granted on such conditions as the Commissioner may in his absolute discretion consider necessary. 27 .-(I) A local government may by order revise or modify any order mad1 by it under section 23 so that the rights affecting the lands set forth in the order constituting the reserve snail accord with the determinations of any f urtber inquiry held under the provisions/ of subsectjon (5) of section 24 and any rights which become.invalid by s ubsection (3) of section 24 may be revived by an order under this section. (2) The provisions of section 26 shall apply to an order made under this section in like manner as they apply to an order under section 23. • 28. Every right in or over land within an area constituted a local government grazing reserve under section 23, other than the rights set forth in the order constituting such reserve, slfall be extinguished upon the coming into operation of the order, save as provided in section 24. •, Control of 29. No person shall alienate any right in or over land within an a!icnat ion of. area constituted a local government grazing reserve under section rights 111 < ' ' local govern-23 by sale, mortgage or transfer without the consent of the local mcnt grazing government which constituted such local government grazing reserve. reserve or within whose jurisdiction it is situated and any such Restrictions of entry 10 local govern­ ment grazing reserve. Power to de-reserve. sale, mortgage or transfer effected without such consent shall be null anl 1 void. , 30. o person, other than a Government officer on duty or an officer f the local government which constituted the reserve shall enter·any local government grazing reserve unless he is authorised to do so under this Law or rules macie hereunder. 31. A local government may by order made with the approval of the Commissioner direct that from a date named therein any lands or any part thereof constituted a local government grazing reserve under section 23 shall cease to be a local government grazing reserve or a part of such reserve and thereupon from such date such lands shall cease to be a local government grazing reserve or a part of such reserve: Provide ished thc1 32.-(1 governmt governm, situated, s10ner. ~·J (2) Su notifica1 the Stal< directio1 Animal governn sioner i expedic ' trol and -- (3) A under t Offic er protect of the I 33. maym a local (a) (b) (c) (d) (e) ay 111 his . •- lodify any ecting the all accord mder the hts which evived by ,-· der made der under stituted a r· than the , shall be :r, save as within an :r section • the local - -· t grazing any such t shall be uty or an !rve shall llhorised approval :rein any t grazing ernment om such g reserve - - Grazing Reserves [CAP. 56 ~ Provided that the rights, if any, which may have been extingu­ ished therein shall 1101 revive in consequence of such cessation . .. 8 I l 32.-( I) The protection, control and management of a local government grazing reserve s~all be undertaken by the local government constituting it, or within whose jurisdiction it is situated, subject to the supervision and control of the Commis­ sioner. Management of local government grazing reserves. SSLN I of (2) Such protection,· control and management ma·y, upon a notification to that effect being published by the Co1~missioner in the State Gazette, be placed temporarily under the guidance and direction of the Chief Animal Husbandry Officer oftlfo Ministry of. Animal, and Forest Resources either at the. requesl of the local government concerned, or upon ·the instructions of the Commis­ sioner if he is of the opinion that such a step is necessary or expedient for ensuring the proper and sufficient protection, con­ trol and management of such local government grazing res.erv e. (3) Any local government grazing reserve placed temporarily under the guidance and direction of the Chief Animal Husbandry Of~cer in pursuance of the provisions of subsection (2) shall be protected, controlled and managed on behalf, and for the benefit, of the local government concerned. I 982. 33. A local government with the approval of the Commissioner Rules. may make rules for all or any of the following matters in respect of a local government grazing reserve:- (a) prescribing the persons who may use the grazing reserve and the number and ty,pe of stock which may be permitted therein; (b) prescribing the parts of the grazing· reserve whfch may be used and the times when they may be used; I (c) providing for the issue of grazing permits to persons using the grazing reserve and prescribing the fees for such grazing p'ermits; 1 (d) regulating the management generally of the gfazing reserve and prescribing the activities that may be carried on therein; (e) regulating the conditi.ons of entry to the grazing reserve; ., .... ,,,.. . f!.. &f - r: ~ . -· . ...--· ~---. - - 812 CAP. 56) Grazing Reserves (f) imposing penalties not exceeding four hundred naira or imprisonment nol exceeding one year,· or bolh, for a breach of any rule made under this section; and (g) generally for giving effect to tht: objects and purposes for which the grazing reserve was established. •, - :---- SECTION -- I. Shon 2. Inter 3. Guid 4. Offe1 5. Unlic 6. Nu1s 7. Spec 8.' Ccrti 9. Offc1 10. Gen< 11. Pros, 12. Powe -· J