Land Control Act

The Act may be cited as the Land Control Act.

Defines the phrase "a municipality or a township".

The Cabinet Secretary may, by notice in the Gazette, apply this Act to any area if he considers it expedient.

The Cabinet Secretary may, by notice in the Gazette, divide a land control area into two or more divisions if he considers it expedient to do so.

The Cabinet Secretary must, by notice in the Gazette, establish a land control board for every land control area or for each division when an area is divided.

Enumerates kinds of transactions and dealings that affect agricultural land within a land control area, states that a declaration of trust of such land counts as a dealing, and lists specific exceptions including transmissions by will/intestacy that do not divide land and transactions involving government or certain trustees.

If money or other valuable consideration was paid in a controlled transaction that becomes void, the person who paid it may recover that money as a debt from the person to whom it was paid.

Appeals under this Act must be in writing and must state separately each ground of the appeal.

The registrar must refuse to register an instrument effecting a controlled transaction unless the required consent has been given or no consent is required; contravention relating to a share is an offence punishable by a fine (up to two thousand shillings), imprisonment (up to two months), or both.

Any person who knowingly makes a false statement in an application or gives false information in connection with an application or appeal is guilty of an offence and liable to a fine up to five thousand shillings, or imprisonment up to six months, or both.

Section 22: Acts in furtherance of void transaction — Section pays or receives any money; or

The President may, by notice in the Gazette, prohibit any controlled transaction or any class of controlled transaction.

Section 24 titled 'Exemptions' references 'any land or share, or any class of land or share'.

The Cabinet Secretary may make regulations to prescribe matters under this Act and to carry its purposes into effect, including forms, fees, procedures for applications and appeals, board meeting procedures, and allowances for board members (other than public officers).

Any party to a controlled transaction must apply for consent in the prescribed form to the appropriate land control board within six months of making the agreement; the High Court may extend that period for sufficient reason.

Section 9 lists considerations and categories relevant to the granting or refusal of consent, including effects on economic development, standards of husbandry, suitability of the applicant, unfair transaction terms, division reducing productivity, and classes of persons or entities (citizens, companies of citizens, group representatives, state corporations).

The Cabinet Secretary must establish a provincial land control appeals board for each province that contains a land control area, in consultation with that province's Provincial Commissioner.

If a land control board refuses consent for a controlled transaction, the applicant may appeal to the provincial land control appeals board within thirty days; the provincial board must hear and determine such appeals in its absolute discretion and, subject to section 13, its decision is final and not to be questioned in any court.

Establishes a Central Land Control Appeals Board; specifies membership in the First Schedule; appoints the Commissioner of Lands as secretary who must attend meetings, may speak, but may not vote.

A person whose provincial land control appeals board appeal is dismissed may appeal to the central land control appeals board within thirty days; the central board shall hear and determine such appeals in its absolute discretion and its decision is final and cannot be questioned in any court.

An appointed board member must hold office for the period prescribed or specified in the appointment; the Cabinet Secretary may terminate a member’s appointment at any time; a member may resign at any time by written notice to the Cabinet Secretary.

If the Chairperson is absent the members present must elect one of their number to preside; quorums are prescribed for land control boards and appeals boards; in a tie the Chairperson or presiding member has a casting vote in addition to an original vote.

Decisions of boards must be in writing, signed by or on behalf of the Chairperson or other person presiding, and must state reasons when consent is refused or an appeal is dismissed; a copy must be sent to the applicant and, for appeals, to the board whose decision is appealed.

Boards may require attendance and documents; refusal without reasonable excuse is an offence punishable by a fine up to five hundred shillings.

Members of a board and persons authorized in writing by a board may enter and inspect any land, subject to notice and producing authority, to carry out the board's functions under the Act.

Applications for consent made under regulations 10 or 11 of the 1963 transitional regulations that were not finally determined before this Act are treated as applications under this Act; the person holding such an application must forward it to the relevant land control board, and the land control board must determine it under this Act.