The Land Act, 2012
The Land Registration Act, 2012
The National Land Commission Act, 2012
The Environment & Land Court Act, 2011
The Urban Areas & Cities Act, 2011
The Land Act, 2012
The Land Registration Act, 2012
The National Land Commission Act, 2012
The Environment & Land Court Act, 2011
The Urban Areas & Cities Act, 2011
The constitution of Kenya , 2010
Sessional Paper No.3 of 2009 on the National Land Policy
THE FOREST CONSERVATION AND MANAGEMENT ACT, 2016 No. 34 of 2016
Date of Assent: 31st August, 2016
Date of Commencement: By Notice
Land is the most fundamental resource in any society because it is the basis of human survival. Land is the space upon which all human activities take place and provides continued existence of all life forms and minerals.
The Petroleum Law No. 3/2001 of 21 February 2001 (the “Petroleum Law”) is intended to provide a sound and sustainable legal environment for the development of the oil and gas industry in Mozambique in a manner that will benefit Mozambicans. Although there is no significant commercial production from Mozambique’s fields yet, the substantial oil and gas discoveries will very likely represent the most significant opportunity for the country to develop its economy and bring prosperity to its citizens. The Petroleum Law and the Regulation Decree No.
The objective of this Road Map is to propose the main aspects to consider and steps to take to initiate, monitor and contribute to the review of the current Land Law (LL – Law 19/97, of October 1). The review of this law entails the subsequent review of its implementing instruments, namely the associated Decrees and Ministerial Diplomas approved since 1997.
With the Minister of Public Works in attendance, the Deputy Minister gave a briefing on the Expropriation Bill (B4-2015). He said that expropriation is an essential mechanism for the state to acquire property in certain instances. Section 25 of the Constitution provides that property may be expropriated only in terms of general application and to that no law may permit arbitrary deprivation of property. The Constitution states that expropriation may occur only for a public purpose or in the public interest and subject to payment of compensation.
The Deputy Minister of Public Works, Mr Jeremy Cronin, briefed the Committee on the preliminary responses of the Department of Public Works (DPW) to the inputs received during the public hearings on the Expropriation Bill [B4- 2015]. However, the Department had been expecting that the Committee would finalise its report on those hearings and thus did not yet have a full written response. The DPW acknowledged that there were many useful points but had not accepted all input.
The Deputy Minister of Public Works continued to take Members through the comments made during the public hearings on the Expropriation Bill, indicating what comments had been made and whether the Department agreed with them or had other views. The Department had added to the Preamble to make it clear that section 34 of the Constitution provided that anyone had the right to approach the courts for resolution of a dispute. In relation to the definitions, there was discussion on whether the Bill should refer to both high courts and magistrates’ courts.
The Committee continued deliberations on the official list of committee proposed amendments to the Bill (A-list) accompanied by the B version which incorporated all the proposed amendments into the Bill. Chapter 4 on Intention to Expropriate and Expropriation of Property was completed.
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