Policy & Legal Services
A sound policy and legislative framework that promotes the balanced use of land for sustainable economic, social and environmental development while guaranteeing land rights.
There is some Acts being administered by other Statutory Authorities such as Forestry Acts, Fisheries Acts and Mining Acts in relation to land. Which is the superior legislation?
Anything to do with Land, the Land Act is still the superior legislation.
- Policy proposal requiring legislation;
- Policy development
- Drafting instructions
It must be within a relevant guideline, determination and policy. It produces guidance on issues that are fundamental to the development of legislation, such as proper processes and legal principles.
A first step is always to check the Administering Act whether regulations are in fact need to implement the policy or decision. If the matter falls within the delegated authority of the individual Minister, regulations may not be needed. The Act should also be checked to see whether it requires a particular Minister to make the regulation.
- Customary and alienated land is utilised for the benefit of all citizens, individually and collectively.
- Ownership rights to customary land, traditional values, customs and cultural heritage are preserved for present and future generations.
- Landowners willingly participate in the development of their land to improve their Living standards and reduce poverty.
- Social harmony is promoted by reconciliation between the need to protect and uphold traditional ownership rights to customary land and recognition of its importance as an essential resource for economic advancement.
- Registration of customary land is entirely voluntary and at the landowners discreation where they perceive it to be in their own best interests for social economic reasons.
- Land use is sustainable with natural resources and the environment being conserved and replenished for the benefit of future generations.
- People have access to reliable information on land.
Legislation relating to land has been enacted on a placemeal basis over a period of time. Consequently, there are inconsistencies between Acts reflecting when they were drafted and the philosophies prevailing at the time.
There is now a pressing need for consolidation based on a holistic review of the entire legislative frame work.This in turn must be based on a clearly enunciated policy framework that reduces the need for State ownership of land, empowers landowners and encourages them willingly to participate in the Development of their own land.
The issue that now confronts us is how best customary landowners can utilise their land in a substainable manner towards improving their standard of Living.
By doing this there has to be an enabling environment to encourage and assist landowners to participate willingly in the development of the land through the export earnings, more employment increase in income and further expand their income earning opportunities which contributes to the overall improvement of living standards of the people.
If you require a copy of the purchase document, you must write to the Department Secretary highlighting the reasons why you require copies of the Purchase Document.
The Acts administered by the Department can be access through Acts and Regulations in Policy website.
Understanding stakeholders requirements on the issues pertaining through land is done by Analysis of their requirements and the satisfaction surveys.
I can’t find an answer to my question ...
We understand that in some circumstances you may have questions which aren’t covered on our website. The best way to make contact with an authorised representative at the Department of Lands and Physical Planning, is through our online support platform. You may submit an enquiry to have your question(s) answered.