Subsidiary rights

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:
(d) To extract, move or use within the
boundaries of land any rock material in or
upon the land, and
(e) 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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(1) 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reserved when it has been revoked under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

Subsidiary rights

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Subsidiary rights