LAWS OF GOLD COAST

LAND PLANNING AND SOIL CONSERVATION, 1953 (NO. 32 OF 1953)

As amended

ARRANGEMENT OF SECTIONS

Section

1. Short Title and Application.

2. Interpretation.

3. Declaration of Areas in Designated Area to be Planning Areas.

4. Establishment of Planning Committee.

5. Incorporation of Planning Committees.

6. Appointment of Officers of the Planning Committee.

7. Power of Planning Committee to enter upon Land and Construct and maintain Works.

7A. Committee may Promote other Land use.

7B. Additional Powers of Committees.

8. Establishment of Co-ordinating Committees.

9. Powers of Co-ordinating Committee to enter upon Land.

10. Payment by Owner or Occupier for Works done at his Request.

11. Power to make Regulations.

12. Exemption from Liability.

(Gold Coast)

AN ORDINANCE to provide for the better utilization of land in designated areas by land planning and soil conservation and for the establishment of committees for purposes incidental thereto. [As substituted by the Land Planning and Soil Conservation (Amendment) Act, 1957 (No.35 of 1957 ), s.2]

Date of Commencement. [15th August, 1953]

Section 1—Short Title and Application.

This  Ordinance may be cited as the Land Planning and Soil Conservation Ordinance, 1953, and shall apply to such areas in the Gold Coast, hereinafter referred to as designated areas, as the Governor may by Order specify.

Section 2—Interpretation.

In this Ordinance, unless the context otherwise requires—

"co-ordinating committee" means a committee established under the provisions of subsection (1) of section 8 of this Ordinance;

"employees" includes "officers";

"functions" includes powers and duties;

"land planning" includes resettlement of farmers;[As inserted by the Land Planning and Soil Conservation (Amendment) Act, 1957 (No. 35 of 1957), s. 3(a)]

"Minister" means the Minister responsible for Agriculture;[As amended by the Land Planning and Soil Conservation (Amendment) Act, (No. 35 of 1957), s.3(b)]

"planning area" means an area declared to be such under the provisions of section 3 of this Ordinance;

"planning committee" means a committee established under the provisions of subsection (1) of section 4 of this Ordinance.

Section 3—Declaration of Areas in Designated Area to be Planning Areas.

The Minister may, for the purposes of preserving land, reclaiming land and protecting water resources, by Order declare any area within a designated area to be a planning area.

Section 4—Establishment of Planning Committee.

(1) The Minister may, for the purposes set out in section 3 of this Ordinance, by Order establish a planning committee any planning area.

(2) Such Order shall—

(a) appoint, or provide for the appointment of, persons to be members of the planning committee (and in providing for such appointments such Order may prescribe the maximum and minimum numbers of persons who may be appointed to be members of the planning committee);

(b) prescribe the representation and quorum necessary for the conduct of business at any meeting of the planning committee;[As substituted by the Land Planning and Soil Conservation (Amendment) Act, 1957 (No.35 of 1957), s. 4]

(c) appoint a person to be Chairman of the planning committee; and

(d) prescribe the functions of the planning committee.

(3) The validity of any proceedings or acts of a planning committee shall not be affected by any vacancy amongst the members thereof or by any defect in the appointment thereof.

Section 5—Incorporation of Planning Committees.

Every planning committee established under the provisions of section 4 of this Ordinance shall be a body corporate having, perpetual succession and a common seal and power to hold land and to sue and be sued.

Section 6—Appointment of Officers of the Planning Committee.

(1) A planning committee may appoint a person to be secretary of the committee and such secretary shall have charge of the common seal and all books and documents of the committee other than of the original title and mortgage deeds; and the Minister may give general directions as to the persons who shall be eligible for such appointment.

(2) A planning committee may employ such persons as they consider necessary for the purpose of exercising their functions.

Section 7—Power of Planning Committee to enter upon Land and Construct and maintain Works.

(1) The Governor may by Order authorise members and employees of a planning committee, generally, and such other  persons as the Order may specify to enter any lands situate within the planning area  for which the committee was established, and to construct and maintain thereon such works as the committee may deem necessary for—

(a) the protection of the source, course and feeders of any stream or river; 

(b) the disposal and control of water, including storm water;

(c) the mitigation or prevention of soil erosion;

(d) the reclamation of land;

(e) the utilisation of swamp land; or

(f) the utilization of land or water to promote or increase food production.[As amended by the Land Planning and Soil Conservation (Amendment) Act, 1957 (No. 35 of 1957), s.5]

(2) An Order made under the provisions of subsection (1) of this section may lay down conditions subject to which such power of entry may be exercised.

Section 7A—Committee may Promote other Land Use.

A Committee may for the purposes of this Ordinance within its planning area promote any alteration or improvement in the use of land by proper methods of land cultivation and soil conservation.

Section 7B—Additional Powers of Committees.

(1) Where a committee is of opinion that land within its planning area—

(a) is for purposes of agriculture or animal husbandry exhausted or inadequate for the occupants; or

(b) may be used for other or more suitable purposes, —

the committee may recommend the transfer of any farmer occupying the land to any planning area within the designated area or to any other land within the planning area.

(2) If the Minister approves, any farmer may, where he consents, be so transferred with any movable property belonging to him and be re-settled as a farmer within the designated area on any land made available for the purpose:

Provided that the actual cost of any such transfer and re-settlement may where certified as reasonable by the planning committee recommending the transfer be paid out of the Consolidated Fund.

(3) The approval of the Minister shall be in writing under his hand and may be given generally or as a special case.

(4) For the purposes of this section, "farmer" means a person whose sole or principal occupation is the utilization of land for agriculture or animal husbandry and includes a farm worker and the dependents of a farmer.[As inserted by the Land Planning and Soil Conservation (Amendment) Act, 1957 (No. 35 of 1957), s. 6]

Section 8—Establishment of Co-ordinating Committees.

(1) The Minister may by Order establish a co-ordinating committee to co-ordinate the work and policy of two or more planning committees.

(2) Such Order shall—

(a) appoint or provide for the appointment of persons to be members of the co-ordinating committee (and in providing for such appointments such Order may prescribe the maximum and minimum numbers of persons who may be appointed to be members of the co-ordinating committee);

(b) prescribe the minimum number of members who may form a quorum of the co-ordinating committee;

(c) appoint a person to be Chairman of the co-ordinating committee;

(d) prescribe the functions of the co-ordinating committee.

Section 9—Powers of Co-ordinating Committee to enter upon Land.

Any member of a co-ordinating committee may subject to compliance with such conditions as the Minister may impose enter on any land situate within a planning area for the purposes of exercising or carrying out the functions conferred on the committee by the provisions of an Order made under section 8 of this Ordinance.

Section 10—Payment by Owner or Occupier for Works done at his Request.

Where any owner or occupier of land requests a planning committee to undertake on his land any work which is within the scope of their functions, the planning committee may contract with such owner or occupier to do such work in consideration for the payment of such sum as the planning committee deems reasonable to defray the expenses involved in carrying out such work.

Section 11—Power to make Regulations.

(1) The Governor may make regulations for all or any of the following purposes—

(a) prohibiting, regulating and controlling—

(i) the breaking up or clearing of land for cultivation or for any other purpose;

(ii) the grazing or watering of livestock; and

(iii) the firing, clearing or destruction of vegetation;

(b) requiring, regulating and controlling—

(i) the afforestation or re-afforestation of land;

(ii) the protection of slopes, of banks of streams and rivers and of dams;

(iii) the construction, repair and maintenance of contour banks, ridges, terraces or other anti-erosion barriers;

(iv) the repairing of gullies; and

(v) the maintenance and repair of artificial dams, reservoirs or other water conservation devices; and

(c) generally for carrying out the provisions of this Ordinance.

(2) Such regulations shall apply to such designated areas or planning areas and to such extent in respect of such areas as the Governor shall, by notice published in the Gazette, specify.

Section 12—Exemption from Liability.

No planning or co-ordinating committee nor any member or employee of any such committee shall be liable civilly or criminally for any act done bona fide in the execution or intended execution of the provisions of this Ordinance.

As amended by

LAND PLANNING AND SOIL CONSERVATION (AMENDMENT) ACT, 1957 (NO. 35 OF 1957).1