Public land (Preserved Areas) Ordinance

l'ublic Luna rPreservea A reus J Vmt:'.-Revised. Supersedes Cap. 33X in R.L. and Supplements CHAPTER 338 [CAP. 338-Supp. 65 3 PllBLIC LAND (PRESERVED AREAS) An Ordinance to provide for the Preservation of Public Land for theOrd. (954 purpose of its Better Utilization and Development and for the No. 12 Conservation of the Natural Resources thereof. ~~~ !isM [lST JUL¥. 1954] 1. This Ordinance may be cited as the Public Land (Preserved Areas) Short title Ordinance. Act 1965 No.28. ss. 2 and 3 2.-(1) In this Ordinance- Inter II . d ". I' ed pretation"e ectrve ate m re atIOn to any preserv area means the date specified in the order made under section 3 of this Ordinance to be the date on which that area becomes a preserved area: "Government lease" has the meaning ascribed to the expression in the Freehold Titles (Conversion) and Government Leases Act. Cap. 523 1963: "Minister" means the Minister for the time being responsible for land; "preserved area" means an area of public land declared by the Minister to be a preserved area under the provisions of section 3 of this Ordinance: "the Land Ordinance" means the Land Ordinance as amended from Cap. 113 time to time. (2) Save in respect of the expressions defined in subsection (1) of this section. the expressions contained in this Ordinance shall have the meanings assigned to them in the Land Ordinance. 3.-(1) The Minister may by order published in the Gazette declare DedaratiOli any area of public land to be a preserved area as from a date specified of prescryed in the order and may at any time vary or revoke such order. ~r: 1965 No. 28 (2) Before declaring any area of public land to be a preserved area s. 2 the Minister shall cause such enquiries to be made as he thinks fit. 4. Notwithstanding the provisions of any other law and in particular. Effect of but without prejudice to the generality of the foregoing. the.provisions dr-~f.ioQ of the Land Ordinance. on the effectivedate and thereafter tba following~':o ~ provisions shall. subject to the provisions of section 5 of this Ordinance, preserved apply to all land within a preserved area: - ~ 1965 (a) no right of occupancy of any such land shall be capable of being ~~ 2i created or existing except by or under a grant under section 6 or section II of the Land Ordinance: and CAP. 338--SYpp. 65] P",b/ic Land (Preserved Areas) Saving !is to exisnng rights of occupancy under native acquired Jaw and custom Act 1965 No. 28 s. 5 (b) it shall not be lawful for any person to use or occupy any such land except under (i) a Government lease; or (ii) a right of occupancy granted under section 6 or section 12 of the Land Ordinance; or (iii) a sub-lease or other grant created out of a Government lease or any such right of occupancy; or (iv) any other written authority to use or occupy land granted by or on behalf of the President or any other person holding office in the service of the United Republic under an Ordi­ nance or Act in force in Tanganyika (other than the Land Ordinance) or for the purposes of an Act of the Common Services Organization. 5.-{1) Nothing in section 4 of this Ordinance shall prejudice or affect (a) the title of any native or native community to the use and occupation of any land within a preserved area which such native or native community was lawfully using or occupying in accordance with native law and custom immediately before the effective date; or (b) the title of any native or native community who or which law­ fully succeeds under native law and custom to the use and occupa­ tion of land to which paragraph (a) of this section applies: Provided that such title shall be extinguished if (i) at any time after the effective date such person or community, or his or its successor in title, as the case may be, abandons thelaDd concerned for a period of three months or more; or (ii) such person or community fails to apply for the recording of the title within the time prescribed therefor under section 6 or any extention of such time granted by or under regulations made under sectioo i;or (iii) if the title is merged ina~ of occupancy granted in respect of the land concerned section 6 or section 12 of the Land Ordinance; or (iv) if .a right of oocupancy is -granted to the Rural Settlement Commission over the land concerned : ADd pnwided further that such title shall extend <mly to the area of use or oa:upatiOll which ncllllBtive or native community was lawfully using or occupying immediately before the effective date. (2) Wbereuy title is atbtguished in the circwnstaDces described in paragraph (ii) or paJqrapb (i\') of the mat proviso to :subsection (1), 'the penon whose title is ., extinguished shall, during the period of twelve months immediately succeeding such l:Xtinguisbntent, have the 'S8IDe right to aller~ the land subject thereto for the purpose of harvestiBg ell)' a'op pIamed or arowins thereon before such extinguish­ ment as he would have enjoyed bad &uch title not been elrtinguiibed. Public lAnd (Preserved Are~SI 5 6. An order made WIder section 3 declaring a preserved area shall Recording prescribe a date (not being earlier than three months after the effective :v~le date) before which every person or community to whom section S refers Act 1965 shall apply to the Area Commissioner. or some other person holding ~o6 28 office in the service of the United Republic who is notified therein. for . the recording of any title to which that section refers in land in the area: Provided that where the declaration is made for the purposes of preserving land for future development by the Rural Settlement Com­ mission. the Commission or some person holding office under the Commission may be authorized and required to record such titles. 7. The Commissioner for Surveys shall cause- Demarcation (i) the boundaries of every preserved area to be beaconed: and (ii) notices to be exhibited on such boundaries. both in the English and appropriate vernacular languages, in such manner as may be sufficient for such boundaries to be known in the neighbourhood. 7A.-( I) Where the Minister proposes to grant to the Rural Settlement Cornpcn­ Commission a right of occupancy over any part of a preserved area in ~~i~~~~~­ which any such title as is referred to in paragraph (a) or (b) of section ment of 5 subsists. he may require the Commission to compensate the persons ~·tlLam or communities having such titles therein in accordance with the provi-lc~\965 sions of this section. No. 28 s. 7 (2) Compensation under this section shall be (a) the value of the unexhausted improvement in the land effected by the occupier other than any crops which he may harvest in accordance with subsection (2) of section 5; and (b) if the occupier is not nominated by or on behalf of the Rural Settlement Commission as a settler in an approved scheme or if. having been so nominated. he becomes entitled to compensation in cash in accordance with subsection (3). reasonable compensation for disturbance. (3) Notwithstanding paragraph (a) of subsection (2). where any occupier is nominated by or on behalf of the Rural Settlement Com­ mission as a settler in an approved scheme he shall not be entitled to be paid any compensation in cash for the value of the unexhausted improvement in the land unless (i) he is not granted a licence to occupy land in accordance with the scheme; or (ii) he is not granted a lease in accordance with the scheme within five years of the date on which a right of occupancy over the land was granted to the Rural Settlement Commission; or (iii) if he has been granted such licence or lease. the same is revoked or forfeit within such period of five years. but the value of such unexhausted improvement shall be credited to such person's account with the Rural Settlement Commission or any village settlement co-operative society of which he may become a member and utilized to reduce any sums owing by him to the Commission or such society. 6 CAP. 338-Supp. 65] Public Land (Preserved Areas) Regulations Act 1965 No. 28 s.8 (4) In the event of there being any dispute as to the amount of com­ pensation or as to the person to whom it is payable it shall be determined by a district court whose decision shall be final. (5) A scheme shall be an authorized scheme for the purposes of this section if it is made by the Rural Settlement Commission. is approved by the Minister, and contains provisions whereby persons included as settlers therein shall be entitled to a licence to cultivate some part of the land in the area to which the scheme relates and. subject to their compliance with the provisions of the scheme and to the rules made for the administration and development of the settlement to which it relates, to a lease of some part of such land. 8. The Minister may make regulations prescribing the manner in which titles to which section 5 refers shall be recorded. as to the adjudi­ cation of such titles, and the reporting thereof to the Land Office, and generally for the better carrying into effect of the provisions of this Ordinance.