These Regulations, made in terms of section 45 of the Communal Land Reform Act, provide with respect to a wide variety of matters concerning communal land and communal land rights. Part I deals with (application for) customary land rights. It specifies the maximum size of land that may be held under customary land right and specifies particulars pertaining to allocation of customary land right. It also concerns registration of customary rights and cancellation of such rights and lays down conditions regarding grazing of stock of lawful residents on commonage.Part II concerns the application for and the grant of a right of leasehold and use of land held under such right, including the use for agricultural purposes. It establishes conditions for the holding of land under such right. Part III deals with the investigation of claims of existing rights. Part IIIA concerns control on developing infrastructure in an area designated for agricultural purposes. For this, the Ministry must establish participatory planning methodologies, processes or any other means, to be used to make available information regarding the intention, procedures and available budget to develop infrastructure in the designated area. Part IIIB sets out criteria for allocation of farming units in a designated areaPart IV deals with matters miscellaneous nature, such as application for transfer of customary land right or right of leasehold, appeal against decision of Chief, Traditional Authority or board, fences on communal land, procedure for referral of a matter to an arbitrator, conditions under which prospecting or mining operations may be carried out on communal land, combating and prevention of soil erosion, protection of pastoral resources, matters relating to roads, watercourses, woods and the use of water, wood, clay and stone on communal land and eviction of persons occupying communal land. Subject to the Soil Conservation Act, 1969 (Act No. 76 of 1969), the holder of any customary land right or right of leasehold must use and manage the land so as to prevent soil erosion and must use and manage the land concerned in accordance with accepted farming practises in the area concerned and must at all times comply with any requirements of the Department of Agriculture and any provision of law with regard to the utilisation, resting and burning of pasturage.
Implements: Communal Land Reform Act, 2002 (Act No. 5 of 2002). (2002-07-25)
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