Crown Lands Disposal Act 1911 (No. 13 of 1911)

LAND: ACT 13/1911 55.1-5 ~.. ~ THE CROWN LANDS DISPOSAL ACT Date of commencement: 13th March, 19// All Acr 10 make provision for tke disposal oj Crowl! lands. Short title, Interpretation, 2. In this Act, unless inconsistent with [he context "Crown lands" means and includes (a) any land in Swaziland not being land set apart and demarcated by or on the authority of the Minister for the sale and exclusive nccupcriun of Africans which may ce proclai med by the Mir.isrer as Crown lands; (b) any land in Swaxifand which has been lawfully trunsf'cr red to or appropriated by the Minister which has teen or may hereafter be lawfully transferred to or expropriated by the Government or S"';;nilanu. lout .bo.H not ;nduJ., Ii) any land under the control of the Minister by virtue 01 secnon 21 of Pan V of the Concessions Act No. 3/1904; or (i i) [he land proclaimed [Q be Crown or Government lend ;1nd ceatr with by the ivlbabane Lownshi p Procjamanon (Cap 75) (Nor Reprinrcdj ; "Minister" means the Minister for Local Administrarion. Power 0/ the Minister. 3. The Minister may dispose of Crown lands by grant, sclc. lease or otherwise in such manner and on such conditions as he may deem advisable. nne may grunt any Crown land in exchange for any other land or irueresr therein if it shall appear to him expedient to do so. Rights to mincrais, 4. All rights to precious or base metals. precious stones, minerals or mineral products sh."n b" " ",,Iud"d from th... gcant, s'll", I""s" or oth"c dispo.,,1 of Crown bnd. under this .\.ct. Rights over laud alienated. 5. (I) The Minister may resume for public purposes the whole or any parr of any land alienated under mrs Act, subject to the payment 01 SUCl1 compcnsauon as nul' be agreed upon between the Minister and the grantee or lessee of, or other person interested in, such land, or, in default of agreement, as may be determined by urbitration in manner provided by the Acquisition 01 Property Act, No. JOjl%l or any amendment thereof ST ATUTES OF SWAZILAl'ID ss.5-9 (1) Tho Minister may make ronda, dams, warcr-courscs and drains, and to conduct telegraphs and telephones through and over any land alienated under this Act, for the benefit of the public, and to take materials for these purposes; also to establish convenient outspans for the use of travellers 00 payment to the grantee or lessee or other person interested of such sum of money as compensation for improvements as may be mutually agreed to between Lite parties concerned or railing such agreement as may be uctermtned by arbtrranon ill manner provided by the Acquisi tion of Property Act No. 10/1951 or any amend ment thereo f: Provided that the arbitrators may set off against the loss or damage caused to the grantee or lessee or other person as aforesaid the benefit instant or prospective which he shall or may dertve in consequence or the construcncn orany Or the said WOrks. Signature of grams. 6. The 1\.1 inister may and is hereby empowered. subject to the Vestine of Land in King Order No. 45/1973, to sign and execute on behalf of the Government all grants or Crown lands and all leases or agreements reiaung to me dlWO~;)'\ 01" \ano.: afle ~u~n ~r;,r1'.''' shall be sealed with the appropriate seal of office. Register, 7. (I) The Registrar of Deeds shall open and keep special registers wherein all leases of Crown lands shall be registered and notwithstanding anything contained in the Transfer Duty Act No. S/l902, the Stamp Duties Act, No. 37(1970, the Deeds Registry Act, No. j 7/1965, or of the Deeds [(e:;l~try Regulations No, j 1/19b3( 1) or any a.ner.drnents or them, ~\.\ch t~:l.ses r.eed not be dr;l\.... n before J. notary public, nor sh:lll they be subject to transfer duty or stamp duty except in C:lSC of subsequent transfer or cession when such tr:llls1e, ,;r cession shall be in the ordinary form and subject to the duties preset ibed by law. (2) I f the Govern mcnc is not i n P055"'~ ion of w. ittc n title to ;J,nr 1'111 Ii l<:~j"J the "Ill ,y in the special register kept in the Deeds Office shall be regarded as effective rc:,;im:J.tion. Cancellation of leases. 8. On the termination or cancellatlor.. of any \~ase the i>11nl5lcr shan forward. to the Registrar 0 f Deeds a notification to that effect duly s i~r:t:d by him and by the 1<:55';;; to ~e the r with the copies of the deeds held by them and the reqistrar shall thereupon ca11 C,:I the reg:,; tration of the lease without payment of any fee for such cancellation: but irtill: consent ot' the lessee to cancellation cannot be obtained, a certificate to that effect by the ,.1i nister a nd his conscnt shall be deemed sufficient au thority to t he Registrar 0 f Deeds to cancel t he registra tion of the lease. Diagrams. 9. (1) If one or more lots of land sub-divided according to a general plan filed in the Deeds Office is or are granted or leased by the Government it shall not be necessary to annex a diagram to the grant or lease, but as soon as it is first sought to transfer or lease a portion of such lot there shall in addition to a diagram of that portion annexed to the transfer or lease ot tnat portion be filed In the Deeds Uffice a dragrarn at the whole. (2) The diagram last mentioned in subsection (1) may be a copy certified by the Surveyor-General of a portion of the general plan mentioned in this section. :2 LA:-ID: ACT 13/191 I ss.1O-12 Amended grants. 10. If it is found that the description or diagram of the land the subject of any grant or lease under this Act does not properly describe the land intended by the grantee or lessee In hI' Ih",rl'in (' nm['1ri~",rl nr- tn which cur-h gnlntl'p. nr 11'~~1'f' i~ ..ntillf'rl ..irhf'r hy rf'.1'nn '1f a n error in the description or surveyor from any other cause, the Minister may recall such grant or lease and an amended grant or lease may be issued in lieu thereof: Provided that if there be a dispute between the Minister and the grantee or lessee a~ LU ure uouuuanes ur lIlt: laJJu Ul Lilt: ulugram, tIll: cancenauou cr tilt: ongtuat graUl, tease or diagram shall take place in accordance with the existing laws relative thereto. Conditions of grunts. 11. (I) The Minister may insert in any grant or lease under this Act such condiricns as he may deem necessary to secure the beneficial occupation of the land granted or leased :>'lld m:>.y pr",<:ribe such p"fl~lt;e~ lOr non-fulfilment Qf!fa <:ofld,t;Qns in<:luolins: <:~m,~ll.. tion or forfeiture of any grant or lease as he may think fit. (2) The Minister may waive the penalties so provided in any case where he may think such waiver just or equitable. Regulations. 12. The Minister may make regulations (a) for the establishment and proclamation of towns and proper laying out and survey of erven or lots therein; (b) for pn>'crib'D8 th.. form of gr3flts Or Ill:>.&a~ unullr thi~ Act; (c) for any object or purpose that may be deemed necessary for the efficient administration of this Act. Note: Alrhouuh Leea! Notice No. 38 of 1967 replaced the word "Crown" by "Govcrnmem". the former has here been re-instated in view of the provisions of the vesting of Land in King Order No. 45 of 1973, to which this Act is subject. The Government Printer. Mb31:Mna J