Land (Conditions of Rights of Occupancy) Regulations, 2001 (L.N. No. 77 of 2001)

Land (Conditions of Rights of Occupancy) ~ Nom;.'I; No. 77 publistted on 41:5/2001 Citation Interpretation Cap. 378 Cap 378 Express conditions Boundaries THE LAND ACT (No. 4 OF 1999) THE LAND (CONDITION!> OF RIGHTS OF OCCUPANCY) REGULATIONS, 2001 (Made under sections 34 and 179) 1. These Regulations shall be cited as the Land (Conditions of Rights of Occupancy) Regulations 2001. 1. ln these Regulations, unless the con1ext requires otherwise "A.ct" means the Land Act, 1999; "authorized officer" has the meaning ascribed to it by the Act; "Comtnissimu:r" me<111!! 011.: Cu111mi1111iuuct foi L(l.tld11; "peri-urban area" MS the meaning ascribed to it by the Act; ''planning area" has the meaning ascribed to it by th.e Town and Country Plavning Ordinance; "occupier" means the holder of a granted right of occupancy; ''re-development area" has the meaning ascribed to it by the Town and Country Plru:ming Ordinance; "urban area" has the meaning ascribed to it by the Act 3, Every right of occupancy shall be subject to any development or other conditioris which may be pres1:ribcd or the Commissioner may impose and which· are not inconsfotcnl with the ""'· 4. Every occupier shall maintain and repair any boundary mark made or erected by or under the direction of any Government ,k:p,utn~cn\ .,,. in th.<> oo.orN of rir fnr thP flllT'fll'lSf'. of a Government survey and which demarcates the boundary or the lattd held by him under a granted nght of occupancy or lies withln the area U1ereof, 64S Land (CondlJJons of Rights ofOccupaniy) 5. Every o ccupier shall be responsibk for the protection of all beacons on the land held by /11m under a granted right ol occupancy throughout the teIDJ of the right. Any missing beacon wiJJ have to be re-established at the occupier's expense. G.N. No. 77 (contd) Bcacou~ 6.~(1) Where the land the subject of a granted right of U$er occupancy in a Planning area or in any urban or petiwurban area is undeveloped land or land in a redevelopment area the occupier thereof shall apply for planning consent under the Town and Country l:11annin g (Application for PlatJ.nin g: Consent} Re g:ulations 1960, and sha11 apply for a building permit under the Township (Building) Rules, 1953 within six months of the grant of the right of occupancy und t:Mlt uoo the !al'ld in conformity with the Town and Country Planning (Use Classes) Regulations, 1960, (2) A right of occupancy for agricultural or pastoral or mixed agricullural aml pa:.lurnl p111vvijc:; l'I <1.uy vth;;,1 l,'U-1l-'Ut11;; lihaH be u;:,,;:d for that purpose and no other purpose. 7, Every right of occupancy of land for agricultural purposes shall be subject to the temts and conditions to the following effect, namely-. (a) that the ou 11pir,r will during the first year of the wnn of the --ight of occupancy fully cultivate one eighth of the total area of the arable h,ml ~nhjecl tn the right of occupancy to the satisfaction of the Commissioner and during each of the next four years of such term will fully culrlva\c a fu1lhc1 one~cighth of the to\al uro~ of such arable land in like manner as aforesaid; (h) that the occupier will at all times during the term of the right of occupancy have and maintam fully cuttlvatoo to 1he satisfaction of the Commissioner all area$ which he 649 G'N. No. 505 of 1%0 ON. No. 8 of 1953 GN. No 505 of 1960 Right of occupancy for agricultural puroosea land (Conditions of Rights of Occupancy) o.u;;---77 (-;;m,td.) - -- - - . Right of ~'t)P,'Q'i'll:.".j fur pastoral purposc.s Right of oceupancy lot mixed agricultural and pa:;tor.al purposes is required to cultivate under condition (a) set c.mt itt this regulation ammmling, in the fifth year ofstich term and thereafter, to t1ve-e1ghths ot' such arahle lands. 8, Every right of occupancy of land for pastoral putposcs sha\1 De subject 10 the terms and cQnditions to the tOlfowing effect, namely~ (a) that the occupier will during the {ifl;t year of1he tenn of the right of occupoocy fully stock with hi:1 own cattle one-seventh of the total area of the land the subject of tbe right of occupancy to the satisfaction of the Commissioner, and during each of the next four years of : 1ch term fully stock a further Ot'\e-seventh of the total area of such latt<l with his own caltle in like 1nanricr as aforer.aid; (b) that the occupier will at all times dliring t11e l.erm-ofthe right of oi;cupancy have and maintain fully stocked with hiR ow1l cattle lo the satisfaction of the Commissioner all area, which he is required to stock under conditmn (a) set out itt this regulation amounting 11evenths of the total iirea of su~h !and. 9, Every right of oci;:upancy of land for mixed agricultural and pastoral pm pll1'.!IJ1> i,;hal\ b..:- 1inbj1:,c.t to th(; t<,.nnu und ()l)ndition& to the following effect, namtJly ~ (a) (b) that the occupier will d~ring the first year of thc:i term of the right of ori:-ur~rir.y fnlly r.nltivale one-fifthieth, and t\\lly Mock with liis own cattle one-tenth of the total area of the land subjecl to the right of occupancy to the satisfac..-tion of tl1e Commissioner, and during each of the next four yearn or such term will fulty cultivate a further one~fiftieth, and will fully stock with his own cattle a furtl1cr one-tenth of the total area o( such land in like manner as afurcsaid;, that the occupier will at all times during the term of the right ofoccupani;:y: 650 Land (Conditions of Rights of Occupancy) G.N. No. 77 (contd) (i) have and maintain fulJy cultivated to the satisfaction of the Co:uuriissionor all area:, which he is required to cultivate under condition (a) set out in this regulation amounting in the fifth year of such tenn and thereafter to one-tenth of the tt>\a.\ ~t<a t>f fu.t \'M\d \~ wh\\'.,\\ ~ t~bt ()f occupancy relates; and (ii) have and maintain fully stocked with bis own N1ttli.> tc, thl'. 11.Ati,;ifae.tfon of the C.ommir..doner a.II areas which he is required so to stock under condition (a) set out ip this regulation amounting in the fifth yenr of ~uch term and thereafter to one-half of the tota1 area of the land to which the right of occupancy relates. 10, E-vory right of oci;:upailcy of fond for agciculturisl purpQ:ses or for pastoral purposes or mixed agricultural and pastoral purposes shall l1e subject to the tem1 artd condition th¥ the occupier will reside on the Ian(! the subject ot the right of occupancy or within such distance of it as is reasonably consistent with the personal supervision and management of the same by the occupier, Provide that whenever the occupier is not or will not be so resident a manager employed by him shall reside on such laud or within such distance of it as is teason'a.'t\'j t:t'>n.i\it-en\ with \h~ ~l.St)m\\. '5\\~N\'il,\~\\ Md m'M\',.\gemt.\\t of the same by such manager. 11. Every occupier shall do everything necessary to, preserve the ,:,t1vironment, protect th~ noll, preser\l~ 11.nil fertility, plant trees, prev-.:nt soil erosion and to use the land so us not to cause soil erosion outside its boundaries and to do all things which may be required by the authorities responsible for tmviruumtmt, Dar es Salaam, 3,a May, 200 I G, CH:EYO, Mtnisrer for !,(Inds and /luman Satt/emenl Development 651 E!nvironmcnt