SUBSIDIARY RIGHTS

(LIMITED RIGHTS – SECTION 45)

SUBSIDIARY RIGHTS

To extract, move or use rock material

To fell, clear, destroy, remove forest produce

To extract any metal or mineral

…subsidiary rights

Mineral, rock material and forest produce are property of the State

Their ownership does not pass to the proprietor upon alienation, lessee upon lese of reserved land or upon issuance of temporary occupation license to licensee.

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Sec. 45(1)The proprietor, lessee and licensee as mentioned in sec. 44 NLC shall be entitled:(a) To extract, move or use within the

boundaries of land any rock material in or upon the land, and

(b) To fell, clear, destroy or use within the boundaries any forest produce thereon.

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The proprietor, lessee and licensee may obtain and use rock material and forest produce within the boundaries but NOT outside the boundaries of the land, A permit is required to remove them beyond the boundaries.

The right does not extend to metal and mineral where the grant of a mining lease from the mining law would be necessary in order to extract metal and minerals found in the land.

Section 45(2)

The proprietor, lessee or licensee has no right to extract any metal or mineral from any rock material in or upon the land UNLESS the proprietor, lessee or licensee obtained a lease under the relevant Mining law (not the NLC)

Sec. 45(2)(b)

To remove beyond the boundaries of the land any rock material or forest produce extracted or taken from the land or anything obtained or manufactured therefrom.

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The proprietor, lessee or lucensee has no right to remove, extract take from the land anything obtained or manufactured from the forest produce UNLESS authorized by a license under the Forestry Act 1984.

Reversion to the state authority(section 46)

(1) Alienated land shall revert to SA;(a) When the term of leasehold in RDT expire;(b) When notice of forfeiture is published in the

gazette as per Section 130;(c) When the proprietor die without successor

or did not do anything with the land for the past 7 years – sec. 351 and 352

(d) Upon surrender – sec. 195

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(2) Reserved land shall ceased to be

reserved when it has been revoked under Section 64

(3) Leases, licences and permits shall terminate at the expiry of the term for which they were granted or upon death/dissolution of the person or body entitled to it

Building to vest in the SA upon Reversion(section 47)

Unless otherwise provided in the RDT, lease, license or permit holder receives no compensation for building erected on the land which are of permanent character/fixtures.

Effect of advance and retreat of sea (section 49)

Where the area of a lot of alienated land is reduced as a result of encroachment (gradual) of the sea or river, the proprietor loses the area encroached.

Where the sea or river recedes so as to increase the area of the alienated land, the proprietor does not gain the increased area as alienated land but instead the area becomes State land unless the Director of Survey otherwise provides

(section 353 & 354 NLC)

Power of the SA to vary provision(section 50)

SA have powers to vary, rescind or extend any provision in any lease, license or permit where the SA is satisfied that it is impossible to comply with any provision or cause hardship to comply with the provision.

Classification of Land Use

Section 51 – land is classified as follows: Land above the shore-line; and Foreshore and sea-bed.

Land above the shoreline comprised of: Town land Village land; and Country land.

Category of Land Use

A land which is alienated by the State Authority may also subject to three (3) categories mentioned in Section 52(1) of the code.

Agriculture Land

Includes cultivation of any crops or trees, breeding and keeping of livestock; or

Building Land

Includes any form of structure erected on the land, e.g for residential; or

Industrial land

Includes the erection of factories, workshops in connection with manufacture and any other industrial purpose.

Right to Access (Section 57 – 61)

Sec. 57 – general

The SA shall have rights of access

(to enter/use) in respect of all alienated land

Sec. 58 – Nature and extent

The SA has the right to enter alienated land for installation, maintenance and other appropriate servicing of pipes, drains. However SA is not allowed to interfere with any building lawfully erected on the land

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Rights exercisable at reasonable times – daylight hours

Notification made before entry. However in emergency cases entry without notice is allowed

Right to survey before installation is also allowed

Section 59 - notice

At least one month before carrying out of work

Notice shall be published in the Gazzette Notice (copy) serve to proprietor, lessee,

tenant If consent granted by proprietor, tenan…,

notice not rwquired.t

Section 60

Within one month of the publication of a notice, the persons/body to whom notice is served, may object to the carrying out of the work by serving on the LA a notice in Form 3A

Effect of F3A

Section 61

Where any land, tree or crop is damaged/destroyed, the proprietor of land/owner of any crop shall be paid such compensation

No compensation is payable for damage to buildings since authority is not allowed to interfere with the building