LAND DEVELOPMENT AND UTILIZATION ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

   3   Designation of agricultural land

 

PART II
Development and Utilization of Land

Preliminary

   4   Responsibility of occupier

   5   Power of Commission to declare idle land

   6   Power of Commission to require development plan

   7   Changes of occupier of idle land

 

PART III
Dispossession of Owners or Occupiers

   8   Dispossession of owner

   9   Penalty on occupier

   10   Power to lease instead of purchasing

   11   Procedure and compensation

 

PART IV
Land Development and Utilization Commission

   12   Establishment and incorporation of Land Development and Utilization Commission

   13   Power of Minister to issue general directions in matters of policy

   14   Duties of Commission

   15   Powers of Commission to require information

   16   Power of inspection

 

PART V
General Provision

   17   Provisions as to representations

   18   Service of notices

   19   Information as to dealings in agricultural land

   20   Restrictions on disposition of agricultural land

   21   Power to make regulations

   22   Offences

      Development plan or utilization plan to be dispensed with in certain circumstances

   23   Application of this Act to subdivisions of agricultural land

   24   Construction of this Part

   25   Responsibility of occupier of land

   26   Power of Commission to declare land unused land

   27   Power of Commission to require development plan for unused land

   28   Changes of occupier of unused land

   29   Application of Parts III and V and sections 14 and 15 to unused land.

      SCHEDULE

 

THE LAND DEVELOPMENT AND UTILIZATION ACT

[Date of Commencement: 1st December, 1966]

Acts
22 of 1966,
31 of 1976,
20 of 1977,
9 of 1997.

PART I
Preliminary

1   Short title

   This Act may be cited as the Land Development and Utilization Act.

2   Interpretation

   (1) In this Act-

   "agricultural land" means land-

   (a)   used for agriculture; or

   (b)   designated pursuant to section 3 as agricultural land;

   "agricultural unit" means land-

   (a)   comprising or including one or more parcels of agricultural land (whether contiguous or not) of not less than the prescribed acreage in the aggregate; and

   (b)   having the same person as occupier within the meaning of this Act, which is either being farmed as a unit or as respects which the Commission directs that it should be so farmed in the interest; of full and efficient production;

   "agriculture" includes horticulture, fruit growing, seed growing, forestry, dairy farming and live-stock breeding and keeping, the use of land as grazing land, pasture land, market gardens and nursery grounds;

   "chairman" means the chairman of the Commission or any person for the time being performing the functions of the chairman;

   "Commission" means the Land Development and Utilization Commission established under section 12;

   "farm" means to carry on in relation to land any agricultural activity with a view to the proper development and utilization thereof;

   "idle land" means land in respect of which an order under section 5 is in force;

   "idle land order" means an order under section 5 declaring land to be idle land for the purposes of this Act;

   "occupier", in relation to land, means the person having for the time being the right to farm the land and for the purposes of Part VI, includes any person whose interest in the land entitles him to develop or use it;

[31/1976 s 2(a).]

   "owner", in relation to land, means the person in whom for the time being is vested the legal estate in fee simple;

   "prescribed acreage", means, subject to section 23, 100 acres or such other acreage, not less than 50 acres, as may be prescribed;

[31/1976 s 2(b).]

   "relevant circumstances", in relation to land, includes all circumstances affecting the farming or, for the purposes of Part VI; the use or development of the land other than the personal circumstances of the occupier thereof.

[31/1976 s 2(c).]

   (2) For the purposes of this Act the Commission shall keep, in such form as it may determine, a register of owners of land and other persons who are trustees of, or interested under, settlements as mentioned in subsection (3) of section 8, being in any case persons who in the prescribed manner apply to be entered on the register.

   (3) References in this Act to the use of land for agriculture include, in relation to land forming part of an agricultural unit, references to any use of the land in connection with the farming of the unit.

3   Designation of agricultural land

   (1) The Commission with the approval of the Minister may from time to time by order designate as agricultural land any land which, having regard to its situation, character and other relevant circumstances, the Commission considers ought to be brought into use for agriculture, so, however, that no order shall be made under this section in relation to-

   (a)   land the use of which for some development purpose other than agriculture has been approved under the Town and Country Planning Act,

   (b)    such land in the possession of recognised bauxite producers or recognised alumina producers within the meaning of the Bauxite and Alumina Industries (Encouragement) Act as may for the time being be exempted by the Minister by notice in the Gazette.

   (2) Before making an order under this section the Commission shall consult with the Watersheds Protection Commission established under the Watersheds Protection Act, and with every Authority established under the Irrigation Act, or the Rural Agricultural Development Authority Act in relation to the area in which is situated the land which is to be the subject of the order.

PART II
Development and Utilization of Land

4   Responsibility of occupier

   (1) For the purposes of this Act, it shall be the responsibility of an occupier of an agricultural unit to farm the agricultural land in the unit to such extent as may be practicable having regard to the character and situation of the unit and other relevant circumstances.

   (2) In determining whether the occupier of an agricultural unit is fulfilling his responsibility under the Act to farm the agricultural land in the unit regard shall be had to the extent to which and the manner in which-

   (a)   pasture is being maintained;

   (b)   arable land is being cropped;

   (c)   the unit is stocked where the system of farming practised requires the keeping of livestock, so, however, that arable land which for two years or more has not been cropped or used for some other agricultural purpose approved by the Commission shall be conclusively presumed not to be farmed.

5   Power of Commission to declare idle land

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