CHAPTER 184
LANDS ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
ADMINISTRATION OF LAND

   3.   All land to vest in the President

   4.   Conditions on alienation of land

   5.   Consent of President

   6.   Surrender of land held by a council

   7.   Customary holdings to be recognised and to continue

   8.   Conversion of customary tenure into leasehold tenure

   9.   Prohibition of unauthorised occupation of land

   10.   Renewal of leases

   11.   Ground rent and benefit of lessee’s covenants and conditions

   12.   Apportionment of conditions on severance

   13.   Certificate of re-entry to be entered on register

   14.   Payment and penalty for late payment of rent

   15.   Application to lands tribunal on land disputes

PART III
THE LAND DEVELOPMENT FUND

   16.   Land development fund

   17.   Administration of the fund

   18.   Application of moneys of the fund

   19.   Statement of income and expenditure

PART IV
Repealed*

   20.   Repealed

   21.   Repealed

   22.   Repealed

   23.   Repealed

   24.   Repealed

   25.   Repealed

   26.   Repealed

   27.   Repealed

   28.   Repealed

   29.   Repealed

PART IV
GENERAL

   30.   Saving of existing interests and rights

   31.   Regulations

   32.   Repeal of Cap. 289 and laws in schedule

      SCHEDULE

AN ACT

to provide for the continuation of leaseholds and leasehold tenure; to provide for the continued vesting of land in the President and alienation of land by the President; to provide for the statutory recognition and continuation of customary tenure; to provide for the conversion of customary tenure into leasehold tenure; to establish a Land Development Fund and a Lands Tribunal; to repeal the Land (Conversion of Titles) Act; to repeal the Zambia (State Lands and Reserves) Orders, 1928 to 1964, the Zambia (Trust Land) Orders, 1947 to 1964, the Zambia (Gwembe District) Orders, 1959 to 1964, and the Western Province (Land and Miscellaneous Provisions) Act, 1970; and to provide for matters connected with or incidental to the foregoing.

[13th September, 1995]

Act 29 of 1995,

Act 20 of 1996,

Act 41 of 2010.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Lands Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“certificate of title” means a certificate of title to land issued in accordance with the Lands and Deeds Registry Act;

“customary area” means, notwithstanding section 32, the area described in the Schedules to the Zambia (State Lands and Reserves) Orders; 1928 to 1964 and the Zambia (Trust Land) Orders, 1947 to 1964;

“fund” means the Land Development Fund established by section 16;

“improvements” means anything resulting from expenditure of capital or labour and includes carrying out of any building, engineering or other operations in, on, over, or under land, or the making of any material change in the use of any building or land and charges for services provided and other expenses incurred in the development or towards the development of land;

“land” means any interest in land whether the land is virgin, bare or has improvements, but does not include any mining right as defined in the Mines and Minerals Act in respect of any land;

“lease” means a lease granted by the President or a lease that was converted from a freehold title under the repealed Act and “lessee” shall be construed accordingly;

“permanent resident” means an established resident or a person holding an entry permit in accordance with the Immigration and Deportation Act;

“provisional certificate of title” means a Provisional Certificate of Title to land issued in accordance with the Lands and Deeds Registry Act;

“Registrar” has the meaning assigned to it in the Lands and Deeds Registry Act;

“repealed Act” means the Land (Conversion of Titles) Act; and

[Am by s 2(a) of Act 41 of 2010.]

“state land” means land which is not situated in a customary area.

[Am by s 2(b) of Act 41 of 2010.]

...

[“tribunal” rep by s 2(c) of Act 41 of 2010.]

PART II
ADMINISTRATION OF LAND

3.   All land to vest in the President

   (1) Notwithstanding anything to the contrary contained in any other law, instrument or document, but subject to this Act, all land in Zambia shall vest absolutely in the President and shall be held by him in perpetuity for and on behalf of the people of Zambia.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.