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    ACTS OF GHANA

                                                                                      

                   PROVISIONAL NATIONAL DEFENCE  COUNCIL DECREE

 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.

 

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