ADA-SONGOR
LAGOON (SITE FOR SALT INDUSTRY)
(VESTING) LAW, 1992 (PNDCL 287)
ARRANGEMENT OF SECTIONS
Section
1. Cancellation of leasehold
interests
2. Compensation
3. Tribunal
4. Vesting of land in trust
5. Directives
6. Application of Act 125
7. Interpretation
8. Revocation
9. Commencement
SCHEDULES
First Schedule
Second Schedule
Third Schedule
WHEREAS the land specified in the
First and Second Schedule to this
Law forms part of land declared as
land required in the public
interest and vested in Government
by virtue of the State Lands (Ada-Songor
Lagoon—Site for Salt Industry)
Instrument, 1974 (E.I. 30) as
amended by State Lands (Ada-Songor
Lagoon—Site for Salt Industry)
(Amendment) Instrument, 1975 (E.I.
57);
AND WHEREAS the Government of the
Republic of Ghana by a Deed
executed on the 22nd day of
January, 1988 granted VACUUM SALT
PRODUCTS LIMITED of ACCRA a lease
in respect of the land specified
in the First Schedule to this Law
for a term of thirty years;
AND WHEREAS the Government of the
Republic of Ghana by a Deed
executed on the 2nd day of August,
1989 granted STAR CHEMICAL
INDUSTRIES LIMITED of ACCRA a
lease of the land specified in the
Second Schedule to this Law for a
term of thirty years;
AND WHEREAS it appears to the
Provisional National Defence
Council that the remainder of the
leasehold interest is required in
the public interest and should
therefore be vested in the State;
AND WHEREAS salt as a mineral is
property vested in the Provisional
National Defence Council for and
on behalf of the people of Ghana;
AND WHEREAS the Provisional
National Defence Council is
desirous of developing the
potential for increased salt
production in Ghana particularly
in the Ada-Songor Lagoon;
AND WHEREAS the Provisional
National Defence Council is
desirous of acquiring the land
specified in the Third Schedule
and has developed a master plan
for salt production in the
Ada-Songor Lagoon to ensure the
efficient development of the salt
potential of the Ada-Songor Lagoon
by undertaking infrastructural
work to benefit the contiguous
communities and the public
interest;
NOW THEREFORE in pursuance of the
Provisional National Defence
Council (Establishment)
Proclamation, 1981, this Law is
hereby made:
Section 1—Cancellation of
Leasehold Interests.
(1) The lease granted to Vacuum
Salt Products Limited of Accra by
the Government of Ghana in respect
of the land specified in the First
Schedule to this Law for a period
of thirty years and executed on
the 22nd day of January, 1988 is
hereby cancelled.
(2) The lease granted to Star
Chemical Industries Limited of
Accra by the Government of Ghana
in respect of the land specified
in the Second Schedule to this Law
for a period of thirty years and
executed on the 2nd day of August,
1989 is hereby cancelled.
Section 2—Compensation.
(1) Compensation shall be paid to
a person having a right or an
interest in the leases cancelled
by section 1 of this Law.
(2) A person having a right or
having an interest in the
cancelled leases may apply for
compensation in writing to the
Secretary within six months of the
coming into force of this Law.
(3) The application for
compensation shall state:—
(a) particulars of his right or
interest in the land;
(b) the manner in which his right
or interest in the land has been
affected by this Law;
(c) the extent of any damage done;
and
(d) the amount of compensation
claimed and the basis for the
calculation of the compensation,
and the Secretary may, having
regard to the market value or the
replacement value of the land or
the cost of the disturbance or
other damage, pay compensation in
respect of that land or make an
offer of land of equivalent value.
Section 3—Tribunal.
(1) The Council may establish a
Tribunal by executive instrument
to consider and determine
conflicting claims of compensation
under this Law.
(2) Where there are conflicting
claims for compensation or a
person is not satisfied by the
compensation assessed by the
Secretary, the Secretary may refer
the matter to the Tribunal.
(3) The Tribunal shall consist of
three persons appointed by the
Council in consultation with the
Chief Justice.
(4) The decisions of the Tribunal
shall be final except that the
Tribunal may reserve a question of
law for the consideration of the
Supreme Court.
(5) The rules governing the
functions and procedure of the
Tribunal shall be the same as the
rules applicable to the Tribunal
under the State Lands Act, 1962
(Act 125).
Section 4—Vesting of Land in
Trust.
The lands specified in the Third
Schedule to this Law are hereby
vested in the Council in trust for
the owners and for the development
of a salt industry and related
activities.
Section 5—Directives.
The Council may give such
directives as it thinks fit for
the achievement of the objectives
set out in section 4 of this Law.
Section 6—Application of Act 125.
Sections 5, 6 and 7 of the State
Lands Act, 1962 (Act 125) shall
apply with such modifications as
may be necessary to this Law.
Section 7—Interpretation.
In this Law, unless the context
otherwise requires—
"Council" means the Provisional
National Defence Council;
"Secretary" means the Secretary
responsible for Lands and Natural
Resources.
Section 8—Revocation.
The following executive
instruments are hereby revoked:—
(i)
The State Lands (Acquisition of
Leasehold in Ada-Songor Lagoon)
Instrument, 1981 (EI 10);
(ii) The State Lands (Ada-Songor
Lagoon Site for Salt Industry)
Instrument, 1974 (EI 30);
(iii) The State Lands (Ada-Songor
Lagoon - Site for Salt Industry)
(Amendment) Instrument, 1975 (EI
57).
Section 9—Commencement.
This Law shall be deemed to have
come into force on the 24th day of
April, 1992.
SCHEDULES
FIRST SCHEDULE
All that area approximating
12428.00 acres situate at
Ada-Songor Lagoon in the Ada
District of the Republic of Ghana
lying to the North of the Gulf of
Guinea and to the South of
Toflokpo, Songonya villages which
piece of land is more particularly
delineated on plan attached hereto
and thereon shewn edged blue.
SECOND SCHEDULE
All that piece of land covering an
approximate area of 7920.00 acres
situate at Ada-Songor Lagoon in
the Ada District of the Republic
of Ghana lying to the South of
Toflokpo and Luho villages and to
the North of the Gulf of Guinea
which piece of land is more
particularly delineated on plan
attached hereto and thereon shewn
edged pink.
THIRD SCHEDULE
All that piece of land containing
an approximate area of 41640.00
acres situate at Ada-Songor Lagoon
in the Dangbe East District of the
Greater Accra Region of the
Republic of Ghana lying to the
South of Sege, Toflokpo, Matsekope,
Mangoase and Tekpekope villages
and to the North of Gulf of Guinea
between Akplabanya and
Adedetsekope villages and to the
East of the motor road from Sege
to Anyaman and to the West of
Adedetsekope, Obane and Wornorkope
villages which piece of land is
shown edged pink excluding that
portion of land comprising an area
of 1660.00 acres and shown edged
green and marked "YOMO" which is
more particularly delineated on
Plan No. LD.8469E/57102 attached
hereto.
Made this 31st day of August,
1992.
FLT.-LT. JERRY JOHN RAWLINGS
Chairman of the Provisional
National Defence Council.
Date of Gazette Notification: 2nd
October, 1992. |