PART I PRELIMINARY PROVISIONS
1.0 Preamble WHEREAS, Chapter 10, Article 89 - "Autonomous Public Commission" - of the Constitution of Liberia (1986) empowers the Legislature to enact statues for the creation of Agencies as may be necessary for the effective operation of Government; COGNIZANT THAT Chapter 3, Article 22(a) of the Constitution of the Republic of Liberia (1986) provides that every person shali have the right to own property alone as well as in association with others provided that only Liberian citizens shall have the right to own real property within the Republic; RECALLING THAT the issues of land rights, administration, management, sale, possession, occupancy, control and distribution of land have posed major challenges for the peaceful postwar Liberia; NOTING THAT a Land Commission with a mandate to propose reforms of land policies and land laws was created by the Act of the Legislature and approved August 11, 2009; RECOGNIZING THAT despite progress made by this Commission in fulfilling that mandate, there is fragmented governmental authority over land that poses significant challenges at implementing reforms; REALIZING THAT it is important to create an autonomous agency with a comprehensive mandate on land matters and broad authority to formulate and implement laws, policies, regulations, and programs relating to land; NOTING ALSO THAT the responsibility for land matters is now removed from the various agencies and transferred to a one-stop center, named and styled the Liberia Land Authority with a comprehensive mandate and broad implementatian authority over land matters, NOW THEREFORE, it is enacted by the Senate and House of Representatives of the Republic of Liberia, in Legislature assembled.
2.1 Creation of Authority That from and immediately upon the passage of this Act, Title 12, Executive Law of the Liberian Code of Laws Revised, is hereby amended and added thereto a new Chapter creating the Liberia Land Authority;
2.2 Short Title: This Act shall also be cited as the "Liberia Land Authority Act of 2016."
3.0 Definitions and Interpretation For purposes of this Act, the following words or phrases shall have the indicated meanings set forth below:
3.1 Authority: The Liberia Land Authority created by this Act.
3.2 Chairperson: Means the Chairperson of the Commission of the Authority.
3.3 Board of Commissioners (Hereinafter referred to as COMMISSION): The Governing body of the Liberia Land Authority composed of five (5) members appointed by the President with the consent of the Senate.
3.4 Commissioner: Member of the Commission of the Liberia Land Authority.
3.5 Concession: The grant of an interest in a public asset including Government Land and Public Land (and on Customary land, prior to the Effective Date of the Land Rights Act) by the Government or its agencies to a private person or entity for a specified period during which the asset may be operated, mannaged, used, utilized or improved by the person or entity who pays defined consideration(s) to the Government and under such other conditions as provided in a written agreement.
3.6 Customary Land: Land owned by a community and used or managed in accordance with customary practices and norms, which may include, but is not limited to: wetlands, communal forestlands, and fallow lands.
3.7 Deed Registry: The office controlled by the Reegistrar of Deeds as established by Section 81.10 of an Act to Amend the New Executive Law to Create an Autonomous Bureau to be known as a Center for National Documents and Records and to Repeal Other Laws in Relation thereto of 1977 or as modified by subsequent legislation or regulation.
3.8 Eminent Domain: The right of the Government to expropriate Customary Land or Private Land in accordance with Article 24 of the Constitution and any laws enacted or policies adopted pursuant thereto.
3.9 Gazette: Publication of the Goverment of Liberia through which it communicates messages of national importance to the general public. It contains information of a legal, administrative and general nature.
3.10 Government: The State as the sovereign Republic of Liberia or goverment entities acting as the representative or agent of the State.
3.11 Government Enticy: A legal entity owned, managed, or controlled by the Government, including all branches of Government whether at the national, county, or district levels, such as any ministries, bureaus, commissions, institutions, authorities, organizations, enterprises, cities, townships, or parastatal bodies.
3.12 Government Land: Land owned by the Government, including but not limited to lands on which are located: the offices of ministries, agencies, and parastatal bodies; military bases; roads; ports; airports; public schools and public universities; public hospitals and public clinics; public libraries and public museums; public utilities; and ports. Government Land also includes Government Protected Areas arid Proposed Protected Areas as of the Effective pate of this Act, which are deemed owned by the Republic of Liberia and must be conserved and managed for the benefit of all Liberians.
3.13 Immovable Property: An object, item, or asset that cannot be moved without destroying or altering the object, item, or asset, including, but not limited to, land or builduings.
3.14 Land: Means the unmovable portions of the earth's surface which generally consists of the soil and any space above the soil that is needed for the constructjon and/or use of any building inclusive of attachment by the possessor or occupancy of the land.
3.15 Land Administration: Refers to the processes of recording and disseminating information about the location, ownership, value, and use of land and its associated resources. Such processes include the determination (sometimes known as the "adjudication") of rights and other attributes of the land; the survey, mapping, and description of these parcels of land; heir detailed documentation; and the provision of relevant information such as valuation and land use in support of land markets.
3.16 Land Commission: The Government Entity established pursuant to the Land Commission Act of 2009.
3.17 Land Governance: Concerns the policies, laws and regulations, processes, and institutional structures through which decisions are made about access to land and its use, the manner in which the decisions' are implemented and enforced, and the way that competing interests in land are managed.
3.18 Land Information System: A database containing geo-referenced land-related data for all of Liberia as well as the procedures for the systematic collection, maintenance, processing, and distribution of the data.
3.19 Land Management: The process of managing the use and development (in both urban and rural settings) of land resources. It covers all activities concerned with the management of land as a resource both from an environmental and from an economic perspective. It can include farming, mineral extraction, beach, waterfront, and wetlands management, property and estate management, and the physical planning of towns and the countryside.
3.20 Land Registry: The Land Register as established under Section 8.71 of the Registered Land Law or as modified by subsequent legislation or regulation.
3.21 Lease: Means to grant to a person or group of persons the right to possession and use of the land of another in return for rent or other consideration.
3.22 Moveable Property: An object, item, or asset that can be moved without destroying or altering the object, item, or asset, including, but not limited to, furniture, electronic equipment, and office supplies.
3.23 National Cadastre: An up-to-date record of all land in Liberia containing a georeferenced description of land parcels and the nature of the interests in the parcels, as well as other relevant information.
3.24 National Consultative Forum (NCF): A Forum established and composed of relevant stakeholders to discuss the affairs of the Land Authority and make appropriate recommendations.
3.25 Park: An area of Public Land set aside for the preservation and public enjoyment of features that have outstanding natural beauty, or cultural or biological significance.
3.26 Private Land: Means the Land that is owned or otherwise held by private persons under the provisions of this Act and other applicable laws of Liberia.
3.27 Protected Area: Means any area set aside under Chapter 9 of the National Forestry Reform Law as a National Forest, Nature Reserve, National Park, Strict Nature Reserve, or other special category for Conservation purposes.
3.28 Public Authority: Means anybody, agency, or authority established by or under any writtn law to perform or discharge any public function.
3.29 Public Land: Means the land which is not presently used by the Government for its facilities and operations and is also neither private land nor customary land.
3.30 Reserve: An area of Public Land possessing outstanding or representative features, ecosystems, or species, set aside primarily for scientific research or environmental monitoring, and requiring strict protections and minimum public access.
3.31 Stakeholder Entity: Means the government, employer, and an officer of the Authority.
PART II LIBERIA LAND AUTHORITY
4.1 That from and immediately upon the passage of this Act, there is hereby established the Liberia Land Authority;
4.2 A Commission shall, be the governing body of the Liberia Land Authority;
4.3 The Authority shall be a body corporate with perpetual existence and a common seal;
4.4 The Authority shall be capable of suing and being sued, enter into contracts, holding, purchasing or otherwise acquiring and disposing of any moveable and immovable property for purposes of or in the course of carrying out its functions;
4.5 The Authority shall be capable of doing or performing all such acts as a body corporate may by law do or perform;
4.6 The Authority has the power and capacity of an individual of full legal capacity;
4.7 The Authority is not organized for and as such, must not be operated for profit;
4.8 The Authority must have a common seal and such seal may from time to time be broken, change, altered or made anew as the Authority thinks fit.
4.9 All deeds and other documents requiring the seal of the Authority shall be sealed with the common seal of the Authority;
4.10 All courts, judges and persons acting judicially shall take notice of the imprint of the, common seal of the Authority appearing on any document and shall presume that it was duly fixed;
5.1 The Authority shall be an autonomous agency of the Government, operationally independent and generally free in pursuit of its mandate.
6.1 The Authority shall maintain its principal office at a convenient location in or near the City of Monrovia, Republic of Liberia;
6.2 The Authority shall have a branch office in each county aud in such other places as are necessary for the proper conduct of business.
7.1 The primary mandate of the Authority shall be to develop policies on a continuous basis, undertake actions and implement programs in support of land governance, including land administration and management.
8.0 Functions and Powers of the Liberia Land Authority
8.1 Without prejudice to the generality of 7.1 above, the land governance functions of the Authority shall be to- a. Control and manage effectively, impartially, and in the interest of equitable development, access to and use of Public Land and Government Land, except Reserves, Protected Areas, Proposed Protected Areas, and diplomatic missions, as of the Effective Date of this Act, and Reserves: i. hold and manage all unallocated Public land on behalf of the Liberian people; ii. compile, and maintain an up-to-date inventory of all Lands within the Republic; iii. allocate such land to government entities national and local, for their use in performance of their public responsibilities; iv. in collaboration with all relevant Government agencies, ensure that such government entities use that land appropriately and effectively and, where the land-using government entity is informed of a serious failure on its part in this regard and fails to remedy that failure within a reasonable time, resume control of that land; v. with the prior written approval of the President, sell or otherwise alienate such land, consistent with the provisions of the Land Rights Act; vi. ensure that all funds from the sale or alienation of such land is deposited directly by the buyer into the general revenue account of Government for appropriation by the National Legislature. vii. allocate such land to conservation purposes, in parks or reserves, and propose any needed adjustment in existing commitments of land to those purposes; viii. allocate such Public Land for concessions, working in close coordination with the relevant and appropriate ministries, agencies or other Commissions; ix. establish and revise from time to time, by publication in the Gazette, charges for the use of public land which charges or rents shall be collected by the Liberia Revenue Authority and deposited into the general revenue account of Government for appropriation by the National Legislature. b. Promote, support, and ensure the development of land use plans and zoning schemes and their implementation through municipalities, towns, and other local government structures; c. Adjudicate disputes arising in the context of systematic land registration which have not been successfully mediated in accordance with the Administrative Procedures Act; d. Implement programs to support implementation of property rights in land, and in particular, programs for the security of tenure of those holding land under customary rights; e. Administer the deed registry and land registry systems, implementing the relevant laws and registering all land transactions and successions required by law to be registered; f. Establish standards and regulate survey and mapping services in the Country; g. Administer public survey and mapping services, and the national cadastre; and promote and regulate the proper development of the private surveying profession; and therefore under no condition shall a surveyor or other staff of the Authority engage in the survey of private land or in the survey of communal land in a private capacity; h. Value land and buildings for the Authority's land registry systems, in collaboration with the relevant agencies of Government and which valuation may be used for taxation and other purposes; i. Create and administer or cause to be created and administered, an accurate and complete database of all landholdings and rights in land in Liberia and seek to ensure their integration into broader databases such as a Land Information System database; j. Produce and sell, on a commercial basis, maps of land and landholdings; k. Provide to the public on request information on land holdings and interests in land, which shall be public information under the Freedom of Information Act of 2010, subject to such charges as may be necessary to cover the cost of such provision; l. Initiate research and implement programs for improvement of land governance and related matters; m. Issue and publish in the Gazette from time to time notices prescribing the fees to be paid for the Authority services; n. Advise the President on needed changes in the policies and laws governing land rights, and land governance, including land administration and management; o. Cooperate with other relevant stakeholders with regard to all matters relating to land governance, including land administration and management.
PART III. THE NATIONAL CONSULTATIVE FORUM (NCF) OF THE AUTHORITY
9.0 Establishment of the National Consultative Forum
9.1 There is hereby established a National Consultative Forum which shall constitute a fixed number of Ministries, Agencies and the Civil Society represented at the highest level
10.0 Functions of the National Consultative Forum
10.1 The NCF shall be responsible to discuss the affairs of the Authority and make appropriate recommendations to the Commission of the Authority.
11.0 Appointment and Composition of the National Consultative Forum
11.1 Members of the NCF shall be appointed by the President on the basis of their integrity and relevant professional and practical experience in matters involving and affecting land, and shall consist of: a. The Ministers of Ministries or heads of agencies responsible for agriculture, forestry, concessions mines and energy, internal affairs, commerce and industry, transportation, revenue authority, finance and development planning, justice, gender, children, and social protection, and environment; b. One representative of each County Land Board; which representation shall reflect the needs of men and women in the land sector; c. Representatives of civil society bodies working in cadastral surveys, land valuation, the legal profession, farming, commerce and trade, banking, mining and energy interests and other land sector civil society groups nominated by their organizations; d. Two representatives nominated by NGOs/CSOs playing public advocacy and development facilitation roles in the land sector, and whose nominations are accepted by the Liberia Land Authority; e. The Chairperson of the Commission of the Authority, as a non-voting member.
11.2 The Executive Director of the Authority shall serve as the Secretary to the NCF.
12.0
Meetings of the National Consultative Forum ("NCF")
12.1 The NCF shall meet at least once every six months at such places and times as the Chaiperson may determine or as the result of a petition signed by at least one third of the statutory membership of the Commission;
12.2 An ordinary meeting of the NCF may be convened after a written prior notice of at least seven days to the members;
12.3 The Chairperson may cause an extraordinary meeting of the NCF to be convened at such place and time as may be reasonable, or upon special request of the Authority; provided that this shall be done upon the written request of at least 5 members, in which case, the extraordinary meeting must be held within 5 days of receipt of such request;
12.4 The Chair person, or in the absence of the Chairperson, the Vice-Chairperson, shall preside at meetings of the NCF;
12.5 A quorum of any meeting of the NCF shall be one half of the total membership, and decisions shall be by general consensus of at least two-thirds of those members present;
12.6 In the absence of both the Chairperson and Vice-Chairperson, the members present and forming a quorum shall elect one of the members to preside over a meeting of the NCF and the member so elected shall exercise all the ordinary powers and perform all the duties of the Chairperson during the meeting;
12.7 Subject to this Act, the NCF may set its own rules and guidelines for meetings;
12.8 Minutes of each meeting of the NCF shall be kept by the Secretary, shall be subject to approval at the succeeding meeting, and shall be a public document.
13.0 Validity of Proceedings of the National Consultative Forum
13.1 Subject to Section 14.1 below, the validity of any act, decision or proceedings of the NCF shall not be affected by any vacancy among the members or by any defect subsequently discovered in the appointment of a member or by reason that some person who was not entitled to do so took part therein.
14.0 Invitees to National Consultative Forum Meeting
14.1 The NCF may, in its discretion by majority vote, at any time and for any length of period, invite persons to attend any meeting of the NCF for the purpose of assisting or advising the NCF in respect of any matter under consideration by the NCF;
14.2 A person invited pursuant to subsection 14.1 may take part in the deliberations of the NCF without the right to vote.
PART IV COMMISSION OF THE AUTHORITY
15.1 That from and immediately after the coming into force of this act, there shall be established a COMMISSION fur the Authority, which shall be the governing body of the Authority.
16.0 Composition and Appointmellt of Commissioners
16.1 The COMMISSION shall be comprised of five (5) Commissioners, including a Chairperson and Vice-Chairperson to be appointed by the President with the consent of the Senate. All Com.missioners shall serve the Authority on a full-time basis.
16.2 Commissioners shall be appointed on a non-partisan basis and shall be selected for their integrity and impartiality; their selection shall reflect regional and gender consideration, with the provision that no two commissioners shall come from the same county.
16.3 From and immediately after coming into force of this Act, the President shall nominate, and subject to Senate Confirmation Hearing, appoint alI the five (5) Commissioners. However, the tenure of the Commissioners shall be staggered in line with the provision contained in Section 17.l below.
17.1 The Chairperson and the Commissioner with mandate over Land Administration may first hold office for one term of 5 years each; the Vice-Chair, who shall have mandate over Administrative and Customer Services, and the Comissioner with mandate over Land Use and Management, shall first be appointed for a term of four (4) years each and the fifth Commissioner with mandate over Land Policy and Planning, shall first be appointed for a term of three (3} years.
17.2 All subsequent appointments of Commissioners shall be for terms of five (5) years each.
17.3 A Commissioner may be reappointed to the Commission, but not for more than two (2) consecutive terms of five (5) years each.
18.1 The mandate of the Commission shall be to formulate land policies, laws and programs through broad consultations with relevant stakeholders, and implement related programs and activities to ensure effective land governance, including land administration and management.
19.1 The functions and duties of the Commission shall be as prescribed under subsection 8.1 of this Act.
20.1 The Commission shall e_xerciS:e such powers and authority as are necessary for the fulfillment of its mandated duties and functions as provided in this Act.
20.2 In addition, the Cominission may: a. Direct the Executive Director to furnish it with any information reports or other documents which the Cornmissiners consider necessary for the performance of its functions; b. Give instructions and directives to the Executive Director in connection with the management, performance or operational policies and implementation of the functions of the Authority; c. For the efficient and effective discharge of the functions of the Authority, and all the recommendation of the Executive Director, approve on such terms and conclitions as it sees fit: i. An organizational structqre ,for carrying out the functions of the Authority, taking into account provisions of this Act on organization of the Authority; ii. The appointment of employees of the Authority in categories specified by the commission; iii. The salaries and benefits of the specified categories of employees; iv. The strategic plan of the Authority; v. The setting of administrative measures as may be required to safeguard any revenue obtained by the Authority, and vi. The setting of measures for disciplinary control over staff of the Authority in line with the regulations of the Civil Service Agency.
21.1 The Commission shall direct the Executive Director to Submit for its review and appropriate action, the quarterly financial reports on the total amount of revenue collected and expenditures incurred.
21.2 Based on the report, the Authority shall, within three (3) months of the end of the Fiscal year of the Government of Liberia submit to the President a report setting out the totals from the quarterly reports and the President shall, within thirty (30) days from the date of submission cause It to be published in the Gazette.
21.3 The President shall, within sixty (60) days from the date of publication of the report in the Gazette, submit the report to the National Legislature.
22.1 All members of the Commission shall be citizens and residents of the Republic of Liberia.
22.2 No person shall be appointed Commissioner unless he/she is of unquestioned integrity and training and experience in a discipline and occupation related to one or more of the mandate areas of the Authority.
23.1 A Commissioner shall hold office for the term to which he or she is appointed during good behavior. A Commissioner may however be removed from office by the President for proven misconduct gross breach of duty, violation of the code of conduct for Public Officials, conviction of a felony, incapacity and incompetence or other acts incompatible with the office. Notwithstanding his or her appointment for a specffic term, a commissioner may resign his or her position upon giving thirty days' notice to the President.
24.0 Disqualification from Office of Commissioners
24.1 A person shall be disqualified as a Commissioner if the person- a. is in a position of material conflict of interest between the interests of a Commissioner as a member of the Commission and the business interest of that Commissioner; b. has been declared insolvent or bankrupt under any law in any country and has not been discharged; c. knowingly fails to declare a conflict of interest relating to any matter under consideration by the Commission; d. becomes, by reason of mental or physical infirmity, incapable of performing his/her duties as a member; e. becomes disqualified in terms of this Act; or f. is in the position of conflict with regard to county of origin and residence similar with that of another Commissioner, such that no two Commissioners shall come from the same County and g. is determined to have violated the Code of Conduct for public officials.
25.0 Appointment of Successor of a Commissioner
25.1 If a Commissioner dies, resigns or is removed from office, the President shall appoint in keeping with the provision of subsection 16.1 pertaining to the composition and appointment of commissioners, another person in his or her place within thirty days of the event giving rise to the vacancy. Each successor commissioner appointed shall serve for the term established in subsection 28.1 of this Act.
26.0 Duties of the Chairperson of the Commission
26.1 The Authority shall be headed by a Chairperson appointed by the President with the following duties and functions: a. Shall exercise executive and general oversight of the Authority; b. Shall be ultimately responsible for the administrative operations of the Authority; c. Shall serve as the chief spokesman for the Authority; d. Shall preside over meetings of the Commissioners; and represent the Authority at conferences, where and when necessary;
27.0 Duties of the Vice-Chairperson of the Commission
27.1 The Vice-Chairperson of the Authority shall be the principal Deputy to the Chairperson ahd perform such duties as may be assigned by the Chairperson. In case of the absence or incapacity of the Chairperson, the Vice-Chairperson shall be the officer-in-charge and in consultation with the Chairperson shall perform all the responsibilities of the Chairperson.
28.1 All Commissioners, including the Chairperson and Vice-Chairperson, may hold office for one term of 5 yesrs and shall be removed for reasons stipulated under subsection 24.1 of this act.
28.2 A Commissioner may be reappointed to the Commission, but not for more than two (2) consecutive terms.
29.1 All Commissioners shall devote full time service to the Authority and shall each have oversight responsibility for at least one of the mandate areas of the Authority, as provided in subsection 35.0 of this Act.
30.1 The Commission shall meet at least once every month.
30.2 An ordinary meeting of the Commission may be convened after at least seven (7) days' written notice to the members.
30.3 The Chairperson may cause an extraordinary meeting of the Commission to be convened at such place and time as may be reasonable; provided that this shall be done upon the written request of at least three (3) members, in which case the extraordinary meeting must be held within three (3) days of receipt of such request,
30.4 The Chairperson, or in the absence of the Chairperson, the Vice-Chairperson, shall preside at meetings of the Commission and in case of a tie of votes the presiding member shall have a casting vote in addition to a deliberative vote.
30.5 A quorum of any meeting of the Commission shall comprise three (3) Commissioners, and decisions shall be by majority vote.
30.6 In the absence of both the Chairperson and Vice-Chairperson, the members present and forming a quorum shall elect one of the members to preside over a meeting of the Commission and the member so elected shall exercise all the ordinary powers and perform all the duties of the Chairperson at the meeting.
30.7 Subject to this Act, the Commission may develop its own procedure at its meetings. Minutes of each meeting of the Commission shall be kept by the Executive Director, who shall serve as Secretary to the Commission. Such minutes shall be subject to approval at the succeeding meeting.
31.1 Subject to Section 13.l above, the validity of any act, decision or proceedings of the Commission shall not be affected by any vacancy among the members, granted that appropriate notice of the meeting was given, or by any defect subsequently discovered in the appointment of a number ot by reason that some person who was not entitled to do so took part therein.
32.1 A Commissioner with any pecuniary or other interest, direct or indirect, in any matter under consideration by the Commission, shall, as soon as practicable after the commencement of a meeting or discussion on the subject matter, disclose all material facts to the Commission and shall not take any further part in the meeting, discussions, or decisions with respect to that matter.
32.2 A Commissioner who contravenes subsection 32.1 above commits an offence and shall be liable upon conviction by a court of competent jurisdiction in accordance with the penal code of the Republic.
32.3 A decision of the Commission which directly or indirectly benefits a Commissioner who failed to disclose an interest shall be null and void, and in that case the matter shall be reconsidered by the Commission.
33.0 Invitees to the Meetings of the Commissioners
33.1 The Commission may, in its discretion, at any time and for any length of period, invite any person to attend any meeting of the Commission, for the purpose of assisting or advising the Commission in respect of any matter under consideration by the Commission.
33.2 A person invited pursuant to subsection 33.1 may take part in the deliberations of the Commission but shall not be entitled to vote on any matter of such meeting of the Commission.
34.1 The Commission may establish committees to perform any such other functions and such responsibilities as the Commission shall determine to be appropriate.
34.2 Decisions of a committee shall be in compliance with any guidelines adopted by the Commission.
34.3 Committee members shall appoint from amongst themselves a chair person of the committee.
34.4 The Executive Director shall serve as Secretary to all committees, but shall designate any other staff person to be Secretary to the Committee.
PART V ADMINISTRATION OF THE AUTHORITY
35.1 Consistent with its mandate, the Authority shall be governed by a Commission and shall have the following Departments, each headed by a Commissioner:
35.2 Land Policy and Planning;
35.3 Land Administration;
35.4 Land Use and Management;
35.5 Administrative and Customer Services;
35.6 The Commission shall be the governing body of the Authority.
36.0 Functions of the Executive Director Under the direct supervision and guidance of the Chairperson of the Commission, the Executive Director shall be responsible for: a. the day-to-day operations of the Authority; b. the management of the funds, property and business of the Authority; c. the administration, organization and supervision of the staff of the Authority; d. assisting the chairperson in the effective administration and implementation of the provisions of this Act; e. assisting the chairperson in the effective implementation of programs approved by the Commission and tasks of the Authority prescribed in this or other laws; f. assisting the chairperson in the effective performance of such functions as may be consistent with the general objectives of the Authority; g. attendance of meetings of the Commission and of any committee of the Commission, and in his absence shall appoint in writing such officer of the Authority to represent him; h. citing Commissioners to meetings on the instruction of the Chairperson of the Commission; i. drafting of regular reports for the Authority.
37.1 There shall be an Executive Director of the Authority, who shall be the head of Administration of the Authority under the supervision of the Chairperson of the Commission of the Authority The Executive Director, shall be appointed by the Commission on such terms and canditions as it may determine.
37.2 The Chairperson of the Commission shall provide to the Commission nominations of not less than three candidates for the position of Executive Director, and the Commission shall consider within the scope of its terms and conditions, any such nominations, but shall not be bound by them. The recruitment of the Executive Director shall be conducted through a competitive process.
37.3 The Executive Director shall work full time for the Authority and shall not without the prior approval of the Commission, hold any other office of trust or profit, nor engage in any other occupation for reward.
37.4 The Executive Director shall report directly to the Chairperson of the Gommission but shall liaise with the other Commissioners in the discharge of his duties.
37.5 The Chairperson of the Commission shall conduct or cause to be conducted an annual appraisal of the performance of the Executive Director and a report of the performance appraisal shall, within 30 days from the end of the financial year of the Authority, be submitted to the Commission.
38.1 The Executive Director shall be a citizen and resident of the Republic of Liberia with competence in managing the establishment and operation of large and complex public sector agencies. The Executive Director shall have appropriate qualifications as determined by the Commission, with extensive experience working with stakeholders of the land sector, including ministries and agencies in government and civil society.
39.0 Tenure of Office of the Executive Director
39.1 The Executive Director shall, subject to 39.2 below, hold office for a period of 5 years, with option of re-appointment for no more than two additional periods of five (5) years each.
39.2 The Chairperson of the Commission shall on the decision of the Commission and in line with Civil Service regulations, terminate the appointment of the Executive Director for the following reasons: i. misconduct or misbehavior in terms of the code of conduct of the Authority; ii. an undisclosed conflict of interest in a matter before him as Executive Director of the Authority, or iii. Inability, incapacity or incompetence to perform the duties of his office.
40.1 The Chairperson shall, on the recommendation of the Executive Director, and on such terms and conditions as the Commission may determine, appoint on merit, such number and grades of Directors and other senior level personnel of the Authority as may necessary or desirable for the efficient and effective discharge of the functions of the Authority.
40.2 The Executive Director may, on such terms and conditions as the Commission may determine, and with the approval of the Commission, appoint other officers and staff of the Authority subordinate to the Executive Director as may be required for the performance of the functions of the Authority.
PART VI COUNTY LAND GOVERANCE
41.0 Establishment of County Land Governance Structures
41.1 In support of Government's Policy on Decentralization and Local Governance, there shall be established in each county local land governance structures.
42.1 The Authority shall establish in each county a County Land Board, to provide a forum through which the residents of the county shall have an effective voice and participate in governance of land in their county.
43.1 The members of the County Land Board shall be appointed by the Commission.
43.2 The County Land Board shall consist of a maximum of ten(10) members, who shall be residents of the county. The ten (10) members shall include: (i) the County Land Administrator or his/her representative as an ex-officio, non-voting member; (ii) Commissioner with oversight responsibility for the County as a non-voting member (iii) seven (7) members representing the diversity of the County including at least one (1) youth and at least three (3) persons of each gender; and (iv) one representative of the county Civil Society Organizations (CSOs). The ten (10) members shall have among their numbers one (1) lawyer; one (1) accountant; and one (1) agriculturalist/natural resources expert.
43.3 The Chairperson and Vice-Chairperson of the County Land Board shall be elected by the members from among their number, through transparent and accountable processes as established by guidelines developed by the Commission.
43.4 The Excecutive Director shall develop and publish in the Gazette, not later than six (6) months after the effective date of this Act, regulations governing the operations and proceedings of the County Land Boards, following review and approval of the Commission.
44.1 The function of the County Land Board shall be to support the Authority in undertaking its land governance responsibilities, as prescribed in subsection 8.1(a) of this Act.
44.2 the County Land Board shall make recommendations to the Commission regarding general priorities for Government, Public, and Private Land in the county.
44.3 The County Land Board shall make annual recommendations to the Commission regarding the management of public and government land and regulation of private and community land.
44.4 The county Land Board shall support the development of land use plans through local administrative structures.
44.5 County Land Board members shall provide advice and collaborate with County Land Offices to promote public awareness on land rights literacy, including community land rights, land use and management, land registration and other programs of the Authority.
44.6 The County Land Board, in consultation with the Commission, shall be responsible for hearing, and approving or denying, applicatons for leases of public and government land in the county.
45.1 The Authority shall establish County Land Offices (CLO) to administer the affairs of the Authority in the Counties.
45.2 The County Land Office shall, in the interest of collaboration between national and local governments, coordinate its activities with those of the County administration.
45.3 Each Commissioner shall be assigned specific county oversight responsibility to ensure that land issues within counties are being addressed.
45.4 The County Land Office shall, include a county Land Administrator, who shall be the head of the County Land Office, a County Land Surveyor, a County Land Dispute Resolution Officer, and other staff as the Chairperson of the Authority shall determine from time to time with the consent of the Commission.
45.5 The Commission shall issue, not latter than six (6) months after the effective date of this law, regulations governing the appointment, operations and proceedings of the County Land Team and its members.
PART VII COMMUNITY LAND GOVERNANCE AND IMPLEMENTATION OF LAND RIGHTS
46.0 Establishment of Community Land Management and Development Associations (CLDMAs)
46.1 There shall be established in each land owning community, Community Land Management and Development Association, to govern and manage the land of communities in accordance with the Land Rights Act of Liberia.
46.2 The Authority shall ensure that land owing communities are in compliance with the Land Rights Act and supporting regulations.
PART VIII FINANCIAL PROVISIONS
47.1 The funds of the Authority shall consist of- a. fees and other charges levied by the Authority for the provision of services and sale of products (excluding real property), to be placed into the Consolidated Account at the Central Bank of Liberia. b. appropriations for the Authority in the Government Budget; c. grants or donations to the Authority from any public source in or outside Liberia, including international and bilateral development agencies; and
47.2 Funds received and collected by the Authority pursuant to Article 47.l(b) above with respect to any financial year, shall be used to pay the expenses incurred for the operations of the Authority.
48.1 The Authority shall cause to be kept proper books of accounts and other records relating to its accounts.
48.2 The accounts of the Authority shall be audited annually by the General Auditinig Commission.
49.1 The Chairperson shall, as soon as practicable but not later than 3 months after the end of each fiscal year, submit to the Commission and thereafter to the President, a report on the activities of the Authority during the preceding fiscal year.
49.2 The report referred to in 49.1 above shall include information on the financial affairs of the Authority as well as operational and program activities.
49.3 There shall be appended to the report referred to in 49.1 above the following: a. an audited balance sheet; b. an audited statement of income and expenditures; and c. such other information as the Authority may consider appropriate or as the President or Commission may direct
PART IX TRANSITIONAL PROVISIONS
50.1 After the passage of the Liberia Land Authority Act, there shall be established a Transitional Committee of the Authority, which shall be comprised of the head of the Ministry of Mines and Energy, Ministry of Internal Affairs, Ministry of Public Works, Center for National Documents and Records Agency, Liberia Revenue Authority, and other agencies having responsibility for Land Administration. Other institutions include the Governance Commission, Civil service Agency, and the Liberia Land Authority, represented by the Commissioner responsible for Land Administration and the Chairperson, who shall head the Transition Committee, if he has already been appointed in accordance with the provision of this Act, otherwise the Chair of the Governance Commission shall Chair the Transitional Committee.
50.2 The Committee shall be responsible for: a. Taking action on transitional issues and matters for the full establishment of the Authority; and b. Ensuring the uninterrupted implementation of ongoing programs of the former Land Commission and of services provided by both CNDRA and MLME.
50.3 The head of the Transitional Committee shall hire, for the life of the Transitional Committee, a reasonable number of persons, selected from the staff of the former Land Commission, CNDRA and MLME to carry out responsibilities as described under provision "b" of sub-section 50.2 and /or to serve as staff of the Transitional Committee under the supervision of the Chairperson.
50.4 The Transitional Committee shall have tenure of a maximum period of one (1) year after which it shall be automatically deemed dissolved.
50.5 Specifically, upon the coming into force of this Act, a. Any employee of the former Land Commission may, within a period to be prescribed by the Authority, apply to the Authority for employment, and if successfully vetted by the Transitional Committee of the Authority, shall be employed by the Authority. b. Any civil servant from the Ministry of Lands, Mines and Energy, Ministry of Internal Affairs, Ministry of Public Works, Center for National Documents, Records Agency, and other agencies of government, whose functions have been taken over by the Authority, shall automatically be transferred to the Authority with his/her current salary. c. Any civil servant whose functions and or services are transferred from a Government ministry or agency to the Authority shall for the purposes of pension or other retirement benefits, constitute a continuous service in the public service. d. The terms and conditions of service of a person transferred to the Authority shall not be less favourable than those applicable to him/her immediately before the coming into force of this Act.
51.1 All moveable property which immediately before the commencement of this Act was vested in the Government for use in the Department of Lands, Surveys, and Cartography in the Ministry of Lands, Mines, and Energy, the Land Commission, the Deeds Registry at the Center for National Documents and Records/Archives shall upon the commencement of this Act, vest in the Authority, subject to all interests, liabilities, charges, obligations and trusts affecting such property.
51.2 Except as otherwise provided in 51.l above in relation to property, all contracts, debts, obligations and liabilities of the Government attributable to the existing agencies responsible for land administration functions before the commencement of this Act, but now vested in this Authority, shall remain vested in the Government and may be enforced by or against the Government.
51.3 All legal proceedings and claims which before the commencement of this Act are pending against bodies dealing with land administration and management functions before the commencement of this Act, but by this Act vested in the Authority, may be continued or enforced by or against the Authority in the same manner as they would have been continued or enforced before the commencement of this Act.
52.0 References to Existing Land Administration Departments
52.1 Upon coming into operation of this Act, all the land administration, land registration, cadastre, mapping and surveying functions carried out by the existing departments within the Ministry of Lands, Mines and Energy, and matters incidental thereto shall be taken over by the Authority.
52.2 Upon coming into operation of this Act, the deed and land registration functions carried out by CNDRA shall be taken over by the Authority.
52.3 CNDRA shall however remain the repository of final versions of all land records, as well as deeds and other land-related documents and maps, both hard and electronic copies and shall: a preserve those records; b. provide ready public access to those records; c. convert them as maybe practicable and funds permit, to electronic formats; d. facilitate the integration of the electronic data into larger databases; and e. protect such records and data against loss or illegal modification.
52.4 Upon coming into operation of this Act, all the land administration functions currently assigned to Ministries of Internal Affairs, Public Works, or any other government entity shall be taken over by the Authority.
52.5 Within sixty (60) days of the coming into operation of this Act, the Ministry of Lands, Mines and Energy, and any other government agencies holding deeds, other land title documents or related land documents shall surrender them to CNDRA in a state of organization which will enable them to be integrated into the Liberia Land Authority's registry and its electronic data bases, except those records that are current or in active us.
PART X MISCELLANEOUS
53.1 The Authority shall have the power to promulgate regulations. The Executive Director shall after consultation with and approval of the Commission, make regulations with regard to the following: a. procedures necessary for making applications to the Authority; b. the efficient operation of "the land administration system"; c. the process for the reversion of land to the Authority under Article 8.1(a)(iv); d. remuneration of (NCF) committee members; e. the amount of fees levied for different categories of applications; f. codes of conduct for the staff of the Authority; g. terms and conditions of service, including pensions, gratuities and other retirement benefits of members of staff of the-Authority consistent with the applicable laws of Liberia; h. form and style of annual reporting by the Authority to the President; i. the manner in which the Authority may invest funds it does not immediately require for the performance of its functions; and j. the inclusion within its mandate of any additional matters related to land governance, land administration, and land management that can be effectively performed by the Authority or are necessary for the effective operation of the Authority.
53.2 All regulations issued by the Authority shall become effective upon publication in the Gazette.
53.3 The Chairperson of the Commission of the Authority shall cause to be prepared and, after review and approval by the Commission, vetting through the Law Reform Commission, submit to the President for review and submission to the Legislature, proposed land laws.
54.1 By the enactment of this Act the following laws are hereby repealed, amended or Otherwise affected as set out in this Section: a. Certain Portions of the Public Lands Law of 1973 are hereby repealed. b. Section 81.10 of An Act to Amend the New Executive Law to Create an Autonomous Bureau to be Known as a Center for National Documents and Records and to Repeal Other Laws in Relation Thereto is repealed; c. To the extent any legislation, regulation, executive order, judicial decision, or any other law vested, the Ministry of Foreign Affairs with authority over deeds, other land records, or with any land administration function within the contiguous boundary of the Republic of Liberia, these laws are repealed or overturned in their entirety; d. Any reference to the term "Land Commissioner" in the Registered Land Law is repealed.
54.2 The following laws are hereby amended as follow: a. Section 27.2(d) of the Executive Law is amended to read: "To carry out and administer urban and town planning and land use rezoning in cooperation with the Liberia Land Authority consistent with Section 8.l(b) of the Liberia Land Authority Act of 2016"; b. Chapter 51 of the Executive Law granting the General Services Agency authority or power to acquire and sell, of public land, government land or real property, hereby modified to exclude such power from the functions of GSA. c. Section 28.2 of the Executive Law is amended to add Subsection (h) to read: "Cooperate with the Liberia Land Authority in the performance of its statutory mandate consistent with the Liberia Land Authority Act of 2016"; d. Section 32.3(i) of the Executive Law is hereby amended as follows: i. Section 32.3(i) is amended to read: "Cooperate with the Liberia Land Authority in the performance of its statutory mandate consistent with the Liberia Land Authority Act of 2016"; ii. Section 32.3(j) is added to read: "Perform such other functions as may be prescribed by the President." e. Chapter 33 of the Executive Law is hereby amended as follows: i. All references to the Ministry of Lands, Mines, and Energy are amended to read: "Ministry of Mines and Energy"; ii. Section 33.2(m) is amended read: "To promulgate all regulations affecting mines, and energy in Liberia"; iii. Section 33.2(n) is amended to read: "To monitor compliance with, as well as enforce, all laws and regulations affecting mines and energy" f. An Act to Amend the New Executive Law to Create an Autonomous Bureau to be Known as a Center for National Documents and Records and to Repeal Other Laws in Relation Thereto is hereby amended as follows: i. The title of Section 81.4 is amended to read: "Registrars of Marriage"; ii. Section 81.4 is amended to read as follows: "The Director General shall have the imm-ediate responsibility for overseeing the Registrar of Marriages in the performance of their duties." g. An Act Creating the Forestry Development Authority is hereby amended as follows: i. Section 4(a) is amended to read: "To take all actions necessary to create and establish Government Forest Reserves, Native Authority Forest Reserves, Communal Forests, and national parks in cooperation with the Liberia Land Authority consistent with its statutory mandate under the Liberia Land Authority Act of 2016"; ii. Section 4(6) is amended to read: "To administer all such reserve areas to fulfill the policies and objectives set out in Section 3 of this Act in cooperation with the Liberia Land Authority consistent with its statutory mandate under the Liberia Land Authority Act of 2016"; iii. Section 4(e) is amended to read: "To carry out a program for the wise use and perpetuation of the forest recreational, and wildlife resources of the country in cooperation with the Liberia Land Authority consistent with its statutory mandate under the Liberia Land Authority Act of 2016" h. The National Forestry Reform Law of 2006 is hereby amended as follows: i. Section 2.2(6) is amended to read: In carryout out its responsibilities under this Section, the Authority shall cooperate with the Liberia Land Authority consistent with its statutory mandate under the Liberia Land Authority Act of 2016 and collaborate with other Government agencies and local communities as necessary"; ii. Section 3.3 is amended to read: "In granting Forest Management Contracts and Timber Sale Contracts, the Authority shall follow the requirements of the Public Procurement and Concessions Act, the Liberia Land Authority Act of 2016, and other applicable laws"; iii. Section 4.1 is amended to add the Subsection (d) to read as follows: "The Authority shall manage all Fores iv. Section 4.3 is amended to read: "In cooperation with the Liberia Land Authority consistent with its statutory mandate under the Liberia Land Authority Act, the Board of Directors shall adopt and from time to time revise a National Forest Policy that reflects sound Forestry principles and promotes the sustainable management of the forests of the Republic."; v. Section 4.4(a) is amended to read: In cooperation with the Liberia Land Authority consistent with its statutory mandate under the Liberia Land Authority Act, the Authority shall prepare, and from time to time revise, a National Forest Management Strategy reflecting the Policy mandated under Section 4.3 of this Chapter and any national land, economic, or development plans in effect."; vi. Section 4.4(e) is amended to read: The FDA management shall offer the public, Liberia Land Authority, and the Forestry Management Advisory Committee mandated under Section 4.2 of this Law the opportunity to comment on a full draft of the Strategy and on any revision that the Board of Directors deems significant."; vii. Section 4.5(a) is amended to read: "Before committing an area identified in the National Forestry Management Strategy to a proposed land use; the Authority shall validate the suitability of the area for the proposed land use in cooperation with the Liberia Land Authority consistent with its statutory mandate under the Liberia Land Authority Act of 2016; viii. Section 4.5(d) is amended to read: "The FDA management shall offer the public, the Liberia Land Authority, and the Forestry Management Advisory Committee the opportunity to comment on a full draft of the report before submitting it to the Board of Directors." i. An Act Creating the Environment Protection Agency of the Republic of Liberia is hereby amended as follows: i. Section 6(1)(a) is amended to read: "Coordinate, integrate, harmonize and monitor the implementation of environmental policy and decisions of the Policy Council by the Line Ministries, including the Liberia Land Authority"; ii. Section 6(1)(b) is amended to read: "Propose environmental policies and strategies to the Policy Council and ensure the integration of environmental concerns in overall national planning in cooperation with the Liberia Land Authority consistent with its statutory mandate under the Liberia Land Authority Act of 2016" iii. Section 6(1)(i) is amended to read: "Create categories of fiscal and economic instruments with line Ministries, including the Liberia Land Authority, in order to discourage pollution and encourage clean production and minimal generation of waste in industrial processes and at consumer level"; j. The Minerals and Mining Law of 2000 is hereby amended as follows: i. Any reference to the Minister or Ministry of Lands, Mines, and Energy is amended to read: "Ministry of Mines and Energy"; k. Section 4(1) of An Act to Create the National Bureau of Concession is amended to add Subsection (c) to read: "Cooperate with the Liberia Land Authority consistent with its statutory mandate under the Liberia Land Authority Act of 2016"; l. The Public Procurement and Concessions Act of 2010 is hereby amended as follows: i. Section (2) is amended to add the following: "Public Asset' with respect to any land or land-related Concession means Public Land as that term is defined in the Liberia Land Authority Act of 2016." ii. Section 81(1) is amended to read: "The Inter-Ministerial Concessions Committee for a particular Concession shall consist of nine (9) or ten (10) persons constituted on an ad hoc basis as required in accordance with subsection (3) of this Section. Any reference to "the Inter-Ministerial Concession Committee" with respect to a specific Concession means the Inter-Ministerial Concessions Committee as constituted for that Concession." iii. Section 81(3) is amended to add Subsection (i) to read: "In the case of land or land-related Concessions, the Chairperson of Commission of the Liberia Land Authority" m. The Registered Land Law is hereby amended as follows: i. The term "Minister" in Section 8.3 is amended to read: "'Commission' means the Commission of the Liberia Land Authority"; ii. Any reference to the "Minister of Lands and Mines" or "the Minister of Lands, Mines, and Energy" is amended to read "Commission of the Liberia Land Authority"; iii. Any reference to "Minister" is amended to read: Commission"; iv. Any reference to the Ministry of Lands and Mines or Lands, Mines, and Energy is amended to read: "Liberia Land Authority"; v. The term "Registrar of Deeds" in Section 8.3 is amended to read: "'Registrar of Deeds' means the Deeds Registry as defined in Section 4.7 of the Liberia Land Authority Act of 2016"; vi. Any reference to the "Director of National Archives and Records Service" or any variation thereof is amended to read: "Commission"; vii. Any reference to the "National Archives and Records Service" or any variation thereof is amended to read: "Liberia Land Authority"; viii. Section 8.7(1) is amended to replace "Minister of Foreign Affairs" with "Commission"; ix. Section 8.44(1) is amended to read: "As soon as conveniently possible after an adjudication section has been designated, the Demarcation and Recording Officer in charge of such section shall consult with the Commission and the appropriate County Land Authority Office and County Land Board, as established under the Liberia Land Authority Act of 2016. A schedule of any public lands shall be made by the Demarcation and Recording Officer for inclusion in the Demarcation plan described in section 8.45(c). Neither the Government nor the Liberia Land Authority shall be required to file claims to protect the Government's rights thereto. The Commission of the Liberia Land Authority, however, Shall attend on behalf of the Goverhment, whenever a notice of demarcation of land is issued which will affect public land. However, any person aggrieved by the designation of any parcel of land as public land may challenge such determination by way of the appeal procedure provided in this chapter"; x. Section 8.54(2) is amended to read: "Each form when completed shall be signed by the Demarcation and Recording Officer and certified by him as containing a complete record and, where possible, each owner of a recorded interest in privately held land or his duly authorized agent, and an authorized Commissioner of the Commission of the Liberia Land Authority, if public land is involved, shall be required to sign and acknowledge acceptance of the record"; xi. Section 8.59(2) is amended to read: "Any appeal may be taken from a final order of registration by any person aggrieved thereby, including the Republic, by and through the Liberia Land Authority or any other authorized agent, in accordance with the provisions of section 123.1 of the Probate Court Procedure Code. A notation as to the filing of an appeal shall be included as part of the adjudication record of the parcel of land involved. Any disposition pertaining to any interest with regard to the land involved in the appeal shall be subject to such notice"; xii. Section 8.91(4) is amended to read: "On the application of the Registrar, in consultation with relevant government entities, the Probate Court Judge may cause blocks and section to be combined or divided, or cause their boundaries to be varied"; xiii. Section 8.92 is amended, to read: 'The Probate Court Judge, on the application of the Registrar made after consultation with relevant government entities, may cause a survey to be made of any land for the purposes of the provisions of this chapter and after notifying every person affected thereby and giving him an opportunity to be heard, may cause the Registry Map encompassing the area involved to be corrected as a result of such survey and direct a Registrar to make notations in the appropriate registers that the boundaries of 1he par.eels invoked have been so fixed. Similarly the Probate Court Judge may direct the preparation of a new Registry Map or any part thereof; and there may be omitted there from any matter which the judge considers obsolete. Any survey required for the purposes of the provisions of this chapter shall be made by surveyors employed by the Liberia Land Authority"; xiv. Section 8.93 is amended to read: "On the application of the owner of registered land, and subject to the agreement of all persons affected thereby, the Probate Court may direct the Registrar to cause the alteration of a Registry Map, but no such alteration shall be effected except upon the written directive of the Probate Court Judge on a form to be prescribed by the Commission of the Liberia Land Authority, to be known as a mutation form, which mutation form shall be filed in the appropriate parcel file after the particulars have been entered on the appropriate registers by the Registrar"; xv. Section 8.94 is amended to replace "Bureau of Lands and Surveys" with "Liberian Land Authority"; xvi. Section 8.123 is amended to read: "The registration of land as public land, subject to any registered encumbrances, which shall include without limitation, interests in and rights over such land granted in concession and other agreements made under authority of law, shall enable such land to be disposed of by the Commission of the Liberia Land Authority consistent with applicable law"; xvii. Section 8.201 is amended to read: "Subject to the provisions of paragraph 2, any person aggrieved by any decision, determination, order or directive made by a Probate Court Judge pursuant to the provisions of this chapter, including the Republic by and through any government entity concerned or any other duly authorized agent of the Republic, may appeal to the Supreme Court within the time and in the manner provided therefore ia Section 123.1 of the Probate Court Procedure Code for like matters"; xviii. Section 8.214 is amended to read: "For all matters subsequent to initial registration, there shall be payable in respect of copies of the register, maps, instruments, certificates of search, filing of instruments indexing and all other matters connected with registration, including surveys required under the provisions of this chapter, such fees as shall from time to time prescribed by the Commission of the Liberia Land Authority, based upon reasonable cost to the Government of the services rendered for deposit into the consolidated revenue account of the Government";
55.0 Effective Date This Act shall take effect immediately upon publication in handbills. ANY LAW TO THE CONTRARY NOTWITHSTANDING.
