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Accueil > > Cameroon : terms and conditions of (...)

Cameroon : terms and conditions of management (...)

jeudi 28 mars 2013

DECREE N° 76 -166 OF 27 APRIL 1976 TO ESTABLISH THE TERMS AND CONDITIONS OF MANAGEMENT OF NATIONAL LANDS

THE PRESIDENT OF THE REPUBLIC.

Mindful of the Constitution of 2 June 1972, as amended and supplemented by Law No. 75-1 of the May 9, 1975.

Mindful of Ordinance No. 74-1 of 6 July 1974 establishing land tenure, in particular Articles 1, 14, 15, 16,17 and 18.

HEREBY DECREE AS FOLLOWS :

CHAPTER I GENERAL PROVISIONS

1 Dependencies not occupied or used the National Estate are awarded on a temporary concession. Depending on the case, it can be converted into permanent lease or concession, as provided by this Decree.

2. The temporary concession is granted for development projects within the framework of options economic, social or cultural Nation.

3. The duration of the temporary concession can not be more than five (5) years. Exceptionally, it may be extended on a reasoned request from the dealer.

CHAPTE lI : THE PROVISIONAL GRANT

I : THE SUBMISSION OF 1APPLICATIONS

4. Any person or entity wishing to develop a dependency of the national domain not occupied or used, must be requested in 3 copies on special forms containing the following information : no, first name, affiliation, address, matrimonial, profession, nationality .

If it is a corporation or if the registrant is an agent, a copy of the articles of the company, or attorney of the applicant must be provided.

5. Any application must also be accompanied by :

- A sketch of the field, 4 copies ;

- A certified copy of the identity card or extract of birth certificate ;

- A program of development showing the stages of realization.

6. The request is sent to the service areas of the location of the property, giving a receipt to the applicant.

After collecting all the useful advice, including local utilities involved in the project, the head of competent service sends the file to review the advisory committee referred to in Article 12 of this Decree.

AWARD OF THE CONCESSION PROVISIONAL

7. Concessions of less than 50 hectares are allocated by order of the Minister of areas. Those over 50 hectares are allocated by presidential decree. Specifications set out the rights and obligations of the concessionaire and the state

THE PROVISIONAL GRANT

8 (1) The concession shall terminate :

- At the end of the period laid down in Article 3 above ;

- In case of non-compliance with the concessionaire’s obligations ;

- For voluntary abandonment ;

- By disposition of the land without the consent of the licensing authority

- By the death of the beneficiary, if the heir does not require the transfer of rights in a period of one year from the date of death

- In case of bankruptcy or dissolution of the dealer if it is a corporation :

- By granting a final license.

2 Depending on the case provided for in Article 7 above, a decree of the Minister of areas or decree, marks the end of the temporary concession.

CHAPTER III

THE FINAL GRANT OF LEASE AND EMPHYTEUTIC

Art. 9. At the end of the interim period of the concession, the Advisory Committee conducts an observation of development locations and draw up a written report showing the amount of investments made.

If the proposed development is carried out in full, before the expiry of the temporary concession, the concessionaire may request the Commission to make this observation.

The minutes of this finding is addressed to the prefect who may propose as appropriate :

- The extension of the duration of the temporary concession ;

- The final allocation ;

- Forfeiture

- The granting of a long lease in accordance with Article 10 paragraph 3 below.

10. The prefect reflects the amount of investment and may propose awarding final concession if the field has been enhanced under the conditions imposed by the act of concession and any amendments thereto.

In case of partial development of the land granted, the prefect may request assignment to final license all or part of the land.

It may propose that leases for foreigners who highlighted a dependency of the national domain.

11. 1 If it is not renewed, the lease is terminated on the expiry of the initial period. However, it may be renewed as appropriate, by order of the Minister of the domain or by decree, under the provisions of Article 7 above. The application for renewal must be made six months before the atonement of the lease. The State may require additional investments in the renewal.

2 If the application for renewal of the lease is not authorized or in case of termination, the fate of disbursements is attached as leases for the private domain of the State.

CHAPTER IV

THE ADVISORY COMMITTEE

12. Prefect appointed by and serving at the district or borough, Advisory Board includes :

- The Sub-prefect or District Manager, President ;

- A customer service representative areas, Secretary ;

- A service representative cadastre ;

- A representative of the Planning Department, if the project is urban ;

- A representative of the Ministry whose competence has to do with the project

- The chief and two village elders or the community where the land is located.

13. The Advisory Committee shall meet at least once quarterly, convened by its President.

The convocation and the agenda must be sent to members at least 10 days before the date of the meeting.

The agenda is posted on the boards of the offices of the prefecture, sub-prefecture or district location of the field : Indicates the location of the land, its approximate area and the proposed project

14. The Advisory Committee :

- Proposes the prefectural authority distribution space in rural agricultural area and pastoral needs of the following populations :

- Emits a reasoned opinion on applications for concession ;

- Examines and resolves disputes if any that are submitted as part of the process of obtaining a land title on the dependencies of the national domain occupied or used ;

- Made the choice of land essential to village communities ;

- Receives all observations and all information related to the management of the national and makes recommendations to the Minister of areas ;

- Examines and resolves all appropriate land disputes which have been sent by the courts in accordance with Article 5 of Ordinance No. 74-1 of 6 July 1974 ;

- Recognizes the development of land for obtaining land title.

15. The Commission’s recommendations are adopted by a simple majority of members present and valid if the head of the village or the community and a significant participated in the work.

In case of a tie, the Chairman has the casting vote.

The minutes of the Board shall include all information and objections received during the investigation. It is addressed to the Minister by the Prefect areas, as well as the folder.

The Minister of areas, the Minister of Agriculture and Minister of Livestock and Animal Industries shall, if necessary a joint decree resolving disputes agro-pastoral.

CHAPTER V

FINANCIAL PROVISIONS

16. Determine in a particular text as appropriate prices paid by dealers of the national domain.

17. Revenues from the allocation of plots in the field either as national concession, either as a lease, are distributed at 40% state, 40% of the Common location of the field, and 20 % at the Village Community interest for realization of interest.

18. Ordinary lease or lease made on the national domain dependencies unoccupied or undeveloped, are subject to the general rules applicable to leases of public land.

Subject to the provisions of Article 10 paragraph 3 of this Decree, when bank credit is sought for the development of a temporary concession, the land title can be granted immediately to the dealer. In this case, the credit institution must seize this purpose the Minister for areas requiring the department head responsible provincial areas, such as to establish a registration with the same date and at the expense of the beneficiary of a mortgage in favor of the credit institution, and the termination clause in favor of the State.

CHAPTER VI

THE INCORPORATION OF DEPENDENCY OF NATIONAL FIELD FIELD PRIVATE STATE OR OTHER LEGAL PERSONS GOVERNED BY PUBLIC LAW

19. Utilities, local and autonomous public agencies seeking national domain dependencies for projects of general interest, must submit their requests to the Minister of areas. Such requests must include information on :

- The project to be undertaken ;

- The location of the project ;

- The area requested and the location of the land ;

- The approximate date of start of work ;

- The justification of the existence of credit for payment of disbursements that could possibly support the field.

20. The Minister for areas takes an order declaring public utility work to be performed for investigation and notify the Prefect of the location of the building.

21. The survey is conducted in the manner provided in Articles 4, 5 and 6 of Ordinance No. 74-3 of 6 July on the procedure of expropriation for public utility.

22. The incorporation of land in the private domain of the State, local government or public body by decree must indicate the amount of the disbursements charged to the recipient.

23. Allowances eviction due to the result of the incorporation must match the value of the buildings or cultures that stand in the field at the time of investigation.

24. The State may, given the urgency of the project, have any dependence of the national domain before payment of severance abandonment.

25. This Order, which repeals all previous provisions contrary be registered, published according to the procedure of urgency and the Official Gazette in English and French.

Yaoundé, April 27, 1976

The President of the Republic,

Ahmadou Ahidjo.