LAND LAW REGULATIONS COUNCIL OF MINISTERS. CHAPTER I General Provisions

Transcription

1 COUNCIL OF MINISTERS Decee 66/98 8th of Decembe The Regulations of the Land Law wee appoved by Decee 16/87 of 15 July. The application of the Regulations evealed that seveal of its povisions needed to be amended in ode to simplify the administative pocedues and, thus, facilitate access to land by national and foeign investos. The evision of the Land Law unde Law 19/97 of 1 Octobe intoduced seveal innovations that need to be egulated, in paticula, the ecognition of ights acquied by occupancy by local communities and Moambican individuals who, in good faith, occupy land fo at least ten yeas. In these tems and unde the authoity povided by aticle 33 of Law 19/97 of 1 Octobe, the Council of Ministes decees: ARTICLE 1 The Regulations of the Land Law, which ae attached to this decee and ae an integal pat heeof, ae heeby appoved. ARTICLE 2 Decee 16/87 of 15 July, is heeby epealed Appoved by the Council of Ministes Let it be published. THE PRIME MINISTER Pascoal Manuel Mocumbi. LAND LAW REGULATIONS Decee 66/98 8th of Decembe CHAPTER I Geneal Povisions ARTICLE 1 Definitions Fo the puposes of these Regulations, the following tems shall have the meanings indicated below: 1. Impovement: all expenses incued in the pesevation o impovement of land. Impovements ae classified as necessay, useful o as amenities. Necessay impovements ae those whose pupose is to pevent loss, destuction o deteioation of the land. Useful impovements ae those 23 that ae not essential to the pesevation of the land, but incease its value. Amenities ae impovements that ae neithe essential fo the pesevation of the land no incease its value, but ae puely fo the enjoyment of the impove. 2. Stuctue: building, wall, canal o othe wok of constuction. 3. Building: a stuctue that necessaily consists of walls that demacate the land and ai space on all sides, with a cove on top (oof o teace), and nomally contains intenal dividing walls and may have one o moe stoeys. 4. Rual tenement (Pedio Rustico): a demacated potion of land and the stuctues on it that have no independent economic use o value, whee the souce of income depends pincipally on the land itself, while the stuctues ae thee to suppot the exploitation of the land. 5. Uban tenement (Pedio Ubano): a building incopoated on the land, with the gounds that seve it, whee the souce of income depends pincipally on the existing stuctues and not on the land itself. 6. Registe: summay of the content of legal documents that define the ight to use and benefit fom the land, oganised by pacel numbe and

2 consisting of text and a cadastal map, which is pat of the National Land Cadaste. 7. Cadaste Sevices: the Public Sevice esponsible fo implementing and updating the National Land Cadaste at cental and local levels. ARTICLE 2 Scope These Regulations apply to the aeas outside those that ae unde the juisdiction of Municipalities with Municipal Cadaste Sevices, with the exception of aticle 45, which applies to the entie national teitoy ARTICLE 3 National Land Cadaste 1. The National Land Cadaste shall opeate in coodination with the Cadaste Sevices. 2. The Cadaste Sevices shall oganise in each Povince a local division of the National Land Cadaste. 3. The entities that supevise the aeas of soil, foesty and wildlife, wate, mines, touism and othe aeas of public domain, shall submit the data that is necessay to the oganisation and updating of the National Land Cadaste, in accodance with the ules pescibed by the Cadaste Sevices. CHAPTER ll Public domain ARTICLE 4 Total potection ones Specific egulations shall define the ules applicable to aeas intended fo natue consevation o pesevation activities and State defence and secuity ARTICLE 5 Patial potection ones ceated by law The following patial potection ones ae ceated by the effect of the law: a) the land stip of up to 5 metes along the edges of navigable ives and lakes, measued fom the high watemak of such wates; b) the land stip of up to 1 metes suounding wate souces; c) the stip of maitime coastline including that aound islands, bays and estuaies, measued fom the high watemak to a point 1 metes inland; d) the land stip of up to 25 metes along the edge of dams and esevois e) the two kilomete stip of land along the teestial bode; ARTICLE 6 Installation of public infastuctue 1. When the Council of Ministes o competent authoities unde the legislation in foce appove pojects to constuct the public infastuctues listed below, the patial potection ones that accompany them ae automatically ceated: a) seconday and tetiay oads and the 15 mete stip of land alongside them; b) pimay oads and the 3 mete stip of land alongside them; c) motoways and fou lane highways and the 5 mete stip of land alongside them; d) aeial, suface, undegound and undewate installations and conduits fo electicity, telecommunications, petoleum, gas and wate and the 5 mete stip of land alongside them; e) ailways and ailway stations and the 5 mete stip of land alongside them; f) aipots and aeodomes and the 1 mete stip of land suounding them; g) militay installations and othe installations fo State defence and secuity and the 1 mete stip of land suounding them; h) dams and the 25 mete stip of land suounding the esevois. 2. A technical pocedue in espect of demacation and the documents efeed to in lines d) to f) of paagaph 1 of aticle 24 heeof shall be oganised fo the installation of public infastuctue. ARTICLE 7 Restictions 1. No ight of land use and benefit may be acquied in patial potection ones.

3 2. Excluded fom the foegoing ae national individual pesons in uban settlements located in bode aeas. ARTICLE 8 Execise of activities in patial potection ones 1. The execise of any activity within a patial potection one shall be licensed by the entity esponsible unde the tems of the legislation in foce. 2. The constuction of any type of stuctue in the aeas efeed to lines a) to d) of aticle 5 of these Regulations shall be licensed by the entities esponsible fo the management of inland and maitime wates. CHAPTER Ill Right of land use and benefit ARTICLE 9 Acquisition of the ight of land use and benefit by occupancy by local communities 1. Local communities who occupy land accoding to customay pactices shall acquie the ight of land use and benefit. 2. Excluded fom the foegoing ae those cases in which such occupancy takes place in aeas that ae subject to legal esevation fo any pupose o occus in patial potection ones. 3. Aeas ove which a ight of land use and benefit has been acquied by occupancy accoding to customay pactices may, when necessay o at the equest of the local communities, be identified and ecoded in the National Land Cadaste, in accodance with equiements to be defined in a Technical Annex. ARTICLE 1 Acquisition of the ight of land use and benefit by occupancy in good faith by National individuals 1. National, individual pesons who, in good faith, have used a land aea fo at least ten yeas shall acquie the ight of land use and benefit. 2. Excluded fom the foegoing ae those cases in which such occupancy occus in aeas that ae subject to a legal esevation fo any pupose o occus in patial potection ones. 3. Aeas ove which a ight of land use and benefit has been acquied by occupancy in good faith may, when necessay o at the equest of the p 5 inteested paties, be identified and ecoded in the National Land Cadaste, in accodance with equiements to be defined in a Technical Annex. ARTICLE 11 Acquisition of the ight of land use and benefit by authoisation of an application Definitive authoisation of an application to acquie a ight of land use and benefit submitted by national o foeign, individual o copoate pesons is ganted unde the povisions of aticle 31 of these Regulations. ARTICLE 12 Joint title holdes Joint holding of the ight of land use and benefit by national, individual o copoate pesons o by local communities is govened by the ules on COowneship popety established in aticles 143 et seq. of the Civil Code. ARTICLE 13 Rights of title holdes 1. Holdes of the ight of land use and benefit, whethe acquied by occupancy o by authoisation of an application, shall have the following ights: a) to defend thei ights, in accodance with the law, against any encoachment by anothe peson; b) to have access to thei pacel of land and to public wate esouces though neighbouing pacels, and to ceate the sevitudes necessay fo this pupose. 2. Applicants o holdes of the ight of land use and benefit may submit thei title o povisional authoisation cetificate to cedit institutions in the context of loan applications. U g m

4 ARTICLE 14 Duties of title holdes Holdes of the ight of land use and benefit, whethe acquied by occupancy o by authoisation of an application, shall have the following duties: a) to use the land with espect fo the pinciples defined in the Constitution and othe legislation in foce and, in the case of economic activities, in accodance with the exploitation plan and in accodance with the povisions of the legislation that govens the caying out of the activity in question; b) to allow access though thei pacel of land to neighbous who do not have access to the public oad o public wate esouces, and to ceate the sevitudes necessay fo this pupose; c) to espect the sevitudes that have been ceated and egisteed accoding to paagaph 2 of aticle 17 of these Regulations and the ights of access and public use connected theewith; d) to allow the execution of opeations and/o the installation of accessoies and equipment conducted unde pospecting and econnaissance mining licenses, mining concessions o mining cetificates, against just compensation; e) to maintain bounday, tiangulation, cadastal and othe makes located in the espective aea which seve as points of efeence o suppot; f) to collaboate with the Cadaste Sevices, swon suveyos and divisional supevision offices. ARTICLE 15 Tansactions in espect of ual tenements 1. The patitioning of community aeas fo the pupose of issuing individualised titles to individual membes of such communities shall not be exempt fom the consultation pocess and shall not affect aeas of common use. 2. The puchase and sale of infastuctue, stuctues and impovements located on ual tenements does not imply the automatic tansfe of the ight of land use and benefit, which is subject to appoval by the same entity that authoised the application. An application fo tansfe shall be submitted befoehand to the cadaste sevices, togethe with poof of payment of annual fees and poof of fulfilment of the exploitation plan, whee applicable. 3. The public deed of sale shall be executed afte the cetificate of authoisation of the tansfe, issued by the Cadaste Sevices, is pesented. 4. Contacts fo the tansfe of the land exploitation opeation ae m likewise subject to pio appoval by the entity that authoised the application p fo acquisition o ecognition of the ight of land use and benefit. In the 5 case of local communities, such contacts ae also subject to consent by the communitv membes. 5. Contacts fo the tansfe of the land exploitation opeation shall be valid only when executed by public deed. ARTICLE 16 Tansfe of uban tenements 1. The tansfe of an uban tenement owned by an individual o copoate peson does not equie pio authoisation by the State. 2. When an uban tenement is tansfeed, the ight of land use and 29 benefit is tansfeed along with it. ARTICLE 17 Public inteest sevitudes 1. If the ight of land use and benefit ove a plot of land is esticted owing to the need to use pat of the plot fo the installation of ai, suface o subteanean conduits fo electicity, telecommunications, petoleum, gas, wate o othes, then the public o pivate entity shall compensate the title holde with an amount that epesents the actual loss aising fom the loss of use of the affected pat, and a sevitude shall be ceated ove such pat of the plot and shall be egisteed in the National Land Cadaste and noted on the espective land title. 2. sevitudes in espect of public and community ways of access and access fo livestock, which have been established by customay pactice, shall be egisteed in the National Land Cadaste. ARTICLE 18 Tem 1. The ight of land use and benefit acquied fo the ealisation of an investment poject, appoved in accodance with the legislation applicable U!i R 8 g

5 to national and foeign investments, shall have the tem coesponding to the tem established in the Investment Authoisation. Such tem shall not exceed 5 yeas and may be enewed in accodance with the povisions of the Land Law and the tems fo the enewal of the Authoisation. 2. The titleholde shall, twelve months befoe the end of the tem fixed in the title, equest that the Cadaste Sevices enew the peiod fo execising the ight. In the equest fo enewal, the titleholde shall demonstate that the economic activity fo which the application was initially made is still being caied out. 3. In those cases whee the enewal application is submitted to the Cadaste Sevices outside the time limit indicated in the peceding paagaph, the titleholde shall be subject to the payment of a fine unde the tems established in these egulations. ARTICLE 19 Temination 1. The ight of land use and benefit acquied fo the execise of economic activities shall teminate in the event of failue to fulfil the exploitation plan without justification, which shall be detemined by the entity that supevises the economic activity in question. 2. When the land is not intended fo the execise of economic activities, the ight of land use and benefit shall teminate in the event of failue to fulfil the poposed undetaking without justification, which shall be detemined by the Cadaste Sevices. 3. The pocedue fo temination of the ight of land use and benefit in the public inteest shall follow the pocedues fo expopiation and shall be peceded by the payment of fai indemnification and/o compensation. 4. The declaation of temination of the ight of land use and benefit shall be made by the entity that authoised the application fo issuance of the title o ecognised the ight of land use and benefit acquied by occupancy ARTICLE 2 Registation 1. The Cadaste Sevices shall egiste: m a) infomation egading the identification of land to which the ight of p land use and benefit acquied by occupancy by local communities o 2 by national, individual pesons petains; b) the povisional authoisation; c) the evocation of the povisional authoisation; E a d) the title; 8 e) the sevitudes efeed to in aticle 17 of these Regulations; F f) the amount of fees payable and any alteations. 2. The title holdes of the ights of land use and benefit shall equest the Cadaste Sevices to egiste: a) the sale, puchase and encumbeing of infastuctue, stuctues and impovements located on ual tenements; b) the sale, puchase and encumbeing of uban tenements; c) the sevitudes efeed to aticles 13 and 14 of these Regulations; 31 d) contacts fo the tansfe of land exploitation opeations, enteed into fo the total o patial exploitation of uban o ual tenements; e) othe acts o events povided fo unde the applicable legislation. 3. The equest fo egistation shall be submitted, within one yea of the date on which the act subject to egistation occued. 4. In the case of tansfe by inheitance of the ight of land use and benefit acquied by an application fo issuance of a title, the heis of the deceased shall submit a equest fo Registation to the Cadaste Sevices within one yea afte thei entitlement o the espective cout sentence, equipped with documents that pove thei eligibility. 5. If an application fo egistation is submitted to the Cadaste Sevices outside the time limit indicated in paagaphs 3 and 4 of this aticle, a fine shall be payable unde the tems established in these egulations. E ARTICLE 21 Poof 1. The ight of land use and benefit may be poved by: a) A cetified extact of the Registe;

6 b) testimonial evidence submitted by someone who has knowledge of the acquisition of the ight by occupancy; c) expet evidence and othe methods pemitted by law. 2. In the case of a claim to the ight of land use and benefit by two paties, whee both paties pesent testimonial evidence, the paty who demonstates the ealie acquisition shall pevail, except whee the [subsequent] acquisition was in good faith and endued fo at least ten yeas. CHAPTER IV Pocedues ARTICLE 22 Public Assistance The Cadaste Sevices shall povide inteested paties with infomation and claification egading: a) applicable legislation; b) the documentation equied to pepae an application; c) the costs and applicable fees fo an application pocess; d) the equiements of the demacation pocess; e) the benefits, impediments o estictions to which the inteested paties may be subject o entitled; f) the pocedues fo appeals and complaints ARTICLE 23 Configuation of the land plot 1. The identification of pacels of land shall be standadised in such a way as to facilitate the management of infomation egading such pacels. 2. Pacels shall have, wheneve possible, a egula configuation. The Cadaste Sevices shall have the authoity to ode the alteation of the configuation, befoe demacation, whee this standad can be applied. 3. The bode of land abutting a patial potection one may not exceed one thid of the nomal to that boade. 4. Once the land plot has been demacated, it cannot be divided whee such division would esult in damage to its economic utility ARTICLE 24 Pocedue in espect of the ight of land use and benefit!i acquied unde an authoisation 1. An application fo the ight of land use and benefit acquied unde p an authoisation shall contain: 5 a) in the case of an individual peson, the identification document of the applicant and, in the case of a copoate peson, the aticles of association; b) a sketch of the location of the land; R c) the desciptive epot; 8 d) an indication of the natue and dimension of the undetaking that the g applicant poposes to cay out; e) the opinion of the Distict Administato, afte consultations with the local community; f) a public notice and poof that such notice has been displayed in the headquates of the distict in question and at the location itself, duing a peiod of thity days; g) eceipt as poof of deposit of the payment of the povisional authoisation fee Whee the land is intended fo the execise of economic activities, the application shall contain, in addition to the documents mentioned in the peceding paagaph, an exploitation plan and a technical opinion in espect theeof issued by the Sevices that supevise the economic activity in question. 3. All of the documents efeed to in paagaphs 1 and 2 of this aticle shall be submitted in tiplicate, with the exception of the eceipts issued as poof of deposit of the payment of the povisional authoisation fee. These eceipts shall be submitted in quaduplicate. ARTICLE 25 Pivate investment pojects 1. Fo the puposes of pivate investment pojects that involve the acquisition of the ight of land use and benefit, the land shall be subject to pio identification, which shall involve the Cadaste Sevices, the local administative authoities and the local communities and shall be documented in the sketch and desciptive epot, in accodance with the povisions of aticle 24 of these Regulations. U m

7 2. Land applications intended fo the constuction of applicants' own homes ae excluded fom the foegoing, unde the tems of the investment legislation and these Regulations. ARTICLE 26 Technical opinions 1. The Sevices that supevise the economic activities fo which land is equested shall be esponsible fo issuing a technical opinion in espect of the exploitation plan. 2. If the infomation containing the technical opinion is not issued within a peiod of fotyfive days afte the equest theefo by the Cadaste Sevices, the application pocess shall be submitted to the Povincial Goveno, with an indication about this fact. 3. Whee the Povincial Goveno does not have the authoity to authoise the application, the Cadaste Sevices shall equest additional infomation fom the cental institutions that supevise the activity that the applicant poposes to cay out. 4. The equiements in espect of the submission and alteation of the exploitation plan shall be established by the Sevices that supevise the aea of economic activity in question. ARTICLE 27 Opinion of the Distict Administation and consultation with the local communities 1. The Cadaste Sevices shall send a copy of the application to the Administato of the distict in question, fo the puposes of publication of a Notice about the application and fo his opinion. The Cadaste Sevices shall povide such Administato with all the technical assistance necessay to enable him to gathe infomation about the land aea and the neighbouing lands. 2. A joint opeation shall be caied out, involving the Cadaste Sevices, the Distict Administato o his epesentative, and the local communities.the outcome of this wok shall be witten up and signed by a minimum of thee and a maximum of nine epesentatives of the local community, as well as by the ownes o occupies of neighbouing land. 3. The opinion of the Distict Administato shall efe to the existence o othewise of ights of land use and benefit acquied by occupancy in espect of the aea applied fo. In the event that the aea applied fo is subject to othe ights, the opinion shall contain the tems unde which m the patneship between the applicant and the holdes of the ight of p land use and benefit acquied by occupancy shall be govened. 5 ARTICLE 28 Povisional authoisation 1. Once the application pocess is completed, the Cadaste Sevices shall g submit the poposal to the Goveno of the Povince fo decision, in cases within the competency of the Goveno. 2. In all othe cases, afte eview by the Goveno of the Povince, the application pocess shall be sent to the Cental Cadaste Sevices, who shall submit it to the competent authoity fo decision. 3. In both cases, the authoisation issued shall be povisional. In the case of 35 Moambican citiens, the authoisation shall be valid fo a peiod of five yeas and fo foeign citiens the authoisation shall be valid fo two yeas. ARTICLE 29 Content of the povisional authoisation The povisional authoisation shall contain the following: a) identification of the entity that authoised the application and the date of the authoisation ode; b) the authoisation numbe; c) identification of the applicant; d) sketch, aea, location and identification numbe of the pacel in the cadastal egiste; e) tem of the povisional authoisation; f) type o types of use fo which the authoisation was ganted; g) fees payable; h) date and place of issuance; i) signatue unde seal of the peson in chage of the Sevices that issue the authoisation. U!i R 8

8 ARTICLE 3 Demacation 1. Once the povisional authoisation has been issued, in the case of an application in espect of a ight of land use and benefit acquied unde an authoisation, the Cadaste Sevices shall notify the applicant of the decision taken and of the need to demacate the land. 2. Afte notification, the applicant shall poceed with the demacation within a peiod of one yea, eithe though official channels, by means of the Cadaste Sevices, o by equesting appoval of a contact enteed into with a swon suveyo. 3. If the applicant has not submitted the espective technical file and the Cadaste Sevices have not eceived acceptable justification fo this failue by the end of the oneyea time limit, then the Cadaste Sevices shall notify the applicant of the imminent cancellation of his povisional authoisation. 4. The applicant may equest that, instead of cancellation, the time limit be extended fo a futhe peiod of ninety days. This second time limit shall not be extended futhe. 5. The equiements fo demacation shall be defined in the Technical Annex. ARTICLE 31 Tansfomation of a Povisional Authoisation into a Definitive Authoisation Upon expiy of the tem of the povisional authoisation o, if the inteested paty so equests, even befoe the end of this tem, an inspection shall be caied out to veify the fulfilment of the poposed undetaking o exploitation plan in accodance with the appoved schedule. Once the fulfilment of the undetaking o the exploitation plan has been ascetained, the definitive authoisation of the use and benefit of the land shall be given and the espective title shall be issued. ARTICLE 32 Revocation of Povisional Authoisation 1. If it is ascetained that the exploitation plan, in cases whee the ight m of land use and benefit is acquied fo economic activities, o the poposed p undetaking, in all othe cases, has, without justification, not been fulfilled 5 by the end of the tem of povisional authoisation, then the Cadaste Sevices shall initiate evocation oocedues. 2. The evocation of the povisional authoisation gives no ight to compensation fo any investments that have been made but ae not emovable. 3. Upon the ode of evocation of the povisional authoisation, the Cadaste Sevices shall cancel the application pocess. ARTICLE 33 Reduction of the aea of exploitation At the end of the povisional authoisation, the inteested paty may equest that the aea initially authoised be educed in sie. ARTICLE 34 Pocedues in espect of the ight of land use and benefit acquied by occupancy in good faith 1. The application pocess in espect of the ight of land use and benefit acquied by individual national pesons by occupancy in good faith shall include the technical demacation file and the documents efeed to in paagaphs 1 and 2 of aticle 24, as applicable. 2. The sketch, desciptive epot and povisional authoisation ae dispensed with. ARTICLE 35 Pocedue in espect of the ight of land use and benefit acquied by occupancy by local communities The application pocess fo the ight of land use and benefit acquied local communities shall contain: a) the name of the community; b) the technical file in espect of demacation; R 8 g

9 c) the opinion of the Distict Administato; d) the decision of the Goveno of the Povince; e) a eceipt as poof of deposit of the payment of the costs of the application. ARTICLE 36 Contents of the title 1. The title shall contain the following items: a) identification of the entity that authoised the application fo issuance of the title and the date of the authoisation ode; b) the title numbe; c) identification of the title holde; d) the aea and the geometic definition of the aea, with the espective coodinates, location, identification numbe of the pacel in the cadastal egiste, as well as the identification numbes of the adjacent pacels; e) time peiod limitations to which the ight of land use and benefit is subject; f) type o types of use fo which the ight of land use and benefit was acquied; g) desciption of existing impovements; h) fees payable; i) date and place of issuance; j) signatue unde seal of the peson in chage of the Sevices that issue the title. 2. The tansfe of infastuctues, stuctues and impovements on ual tenements, the tansfe of uban tenements, joint title holding, enewals, chages and encumbances and othe legally executed tansactions shall be noted on the title. CHAPTER V Supevision ARTICLE 37 Supevision 1. The Cadaste Sevices shall be in chage of supevising compliance with the povisions of these Regulations, investigate infactions of the ules and seve the espective notices. 2. The peceding povision does not exclude supevision by entities whose authoity is defined in sectoal legislation. U ARTICLE 38 o P Notice of infaction 5 1. The notice of an infaction is issued in accodance with the following: desciption of the facts that constitute the infaction, the damages incued and the pesumed offendes; R indication of the date, time, place and cicumstances unde which the 8 infaction was committed o ascetained; g c) identification and signatue of the agent(s) who investigated the infaction as well as two witnesses who ae able to testify to the facts that constitute the infaction. ARTICLE 39 Infactions and penalties 1. The destuction o dislocation of bounday, tiangulation, cadastal 39 and othe makes which seve as points of efeence o suppot will esult in a fine equivalent to double the eplacement costs. 2. Failue to comply with the time limits fo egistation established in these Regulations will esult in a fine equivalent to the egistation fee multiplied by the numbe of yeas, o any faction theeof, by which the time limit was exceeded. 3. Delay in the submission of an application fo enewal of the tem will esult in a fine equivalent to the enewal fee multiplied by the numbe of yeas, o any faction theeof, by which the submission was delayed. 4. Failue to pay the annual fee within the time limit established in aticle 42 of these Regulations will esult in a fine equivalent to one twelfth of the annual fee fo each month of delay. 5. Failue to pay the fine within fifteen days afte notice theeof to the offende will esult in the efeal of the notice of infaction and othe ecods to the cout of Fiscal Executions fo enfoced payment. 6. In the case of an application pocess fo the ight of land use and benefit acquied pusuant to an authoisation, the failue to cay out!i m

10 the demacation unde the povisions of aticle 3 of these Regulations will esult in the cancellation of the povisional authoisation and the application. 7. The decision of the Cadaste Sevices to apply the measue efeed to in the peceding paagaph shall equie confimation by the entity that authoised the application. ARTICLE 4 Appeals Hieachical and/o contentious appeals ae allowed, unde the tems of the law, fom the decisions efeed to in the peceding aticle. CHAPTER VI Fees ARTICLE 41 Fees 1. Authoisation fees and annual fees shall be payable by the applicants and holdes of the ight of land use and benefit, in accodance with Schedule 1 annexed heeto. 2. Adjustments to annual fees, based on the location and the sie of the land plots and the pupose fo which they ae used, shall be calculated by applying the indexes in accodance with Schedule 2, annexed to these Regulations. 3. Individual, national pesons shall enjoy a eduction in annual fees, based on the application of the indexes set out in Schedule 3, annexed to these Regulations. 4. The Ministe of Planning and Finance and the Ministe of Agicultue and Fisheies shall peiodically update the authoisation fees and annual fees. ARTICLE 42 2 U Payment 1. The povisional authoisation fee shall be payable at the beginning of the application pocess. 2. The definitive authoisation fee shall be payable within thee months afte notification to the applicant of the issuance of the definitive authoisation Annual fees become payable upon notification to the applicant of the g issuance of the povisional authoisation. 4. Payment of annual fees shall be made eithe duing the fist thee months of the yea o in two instalments, the fist of which shall be paid by the end of Mach and the second by the end June. 5. The fees shall be paid to the Cadaste Sevices o, when they delegate thei authoity, to the local office of the Ministy of Agicultue and Fisheies The Cadaste Sevices o the local office of the Ministy of Agicultue and Fisheies shall pay fees collected pusuant to the peceding paagaph ove to the Finance Depatment of the espective tax aea, duing the month following the month in which the fees wee collected, using fom B, fo the puposes of accounting and delivey to the State coffes. ARTICLE 43 Allocation of evenue 1. Sixty pe cent of the evenue fom the collection of annual fees shall be allocated to the Cadaste Sevices. 2. The way in which the evenue efeed to in the peceding paagaph is allocated will be detemined by a joint ministeial diploma fom the Ministy of Planning and Finance and the Ministy of Agicultue and Fisheies. 3. The evenue allocated unde the tems of paagaph 2 of this aticle shall be uplifted at the Public Accounts division, using fom 3 fo teasuy opeations. m p 2 E

11 ARTICLE 44 Tempoay exemption fom fees 1. A titleholde of the ight of land use and benefit who is unable to fulfil the tems of the exploitation plan fo easons that ae beyond his contol and esponsibility, may apply to the entity that authoised his application fo exemption fom payment of annual fees fo a peiod of thee yeas. 2. The Cadaste Sevices shall cay out an inspection and, based on the conclusions of this inspection, may popose that an exemption be authoised o that the land aea initially authoised be educed. CHAPTER VII Final po visions ARTICLE 47 Technical Annex The Ministe of Agicultue and Fisheies shall appove the Technical Annex efeed to in paagaph 3 of aticle 9 and aticle 1 and in aticle p 3 of these Regulations. 5 Annex efeed to in aticle 41 Povisional authoisation Definitive authoisation SCHEDULE 1 Fees authoisation fee m ARTICLE 45 Cancellation of pio ights of land use and benefit 1. The possibility of validating ights of land use and benefit unde aticle 79 of the Land Law Regulations, appoved by Decee 16/87 of 15 July, is heeby cancelled. 2. No futhe fomalities ae equied fo the cancellation of the ight of land use and benefit pusuant to the peceding paagaph o the cancellation of the espective pocess file. ARTICLE 46 Applications in pogess 1. Applications in pogess fo the acquisition of the ight of land use and benefit pusuant to an authoisation shall be subject to the povisions of Law 19/97 and this Regulation. 2. Applicants shall, within a peiod of one yea afte the date of enty into foce of this Regulation, confim o efomulate thei initial application at the Cadaste Sevices, unde pain of cancellation of thei application pocess. NB l: The index based on the sie of the aea contained in schedule 2 annexed to the Land Law Regulations does not apply to these activities. NB 2: The index based on location in Maputo Povince contained in schedule 2 annexed to the Land Law Regulations does not apply to the activity in paagaph a). d) Agicultue 15.,OO MT/ha e) The annual fee fo land pacels of up to one hectae used fo the puposes of touism, holiday homes and commece, located in the theekilomete stip of land abutting a one that belongs to the maitime coastline is 2,OO MT/ha NB 3: All othe indexes fo adjustments to annual fees as set out in schedules 2 and 3 annexed to the Land Law Regulations ae maintained in the case of land used fo the activities efeed to in aticles 1 to 5 of Decee 77/99 of 15 Octobe. 43

12 NB 4: Fo the puposes of the index in schedule 2 annexed to the Land Law Regulations, the disticts efeed to in aticle 2 of the Oganisational Statute of the Development Planning Office fo the Zanbee Region, annexed to Decee 4/95 of 22 August, ae consideed to be pioity development ones. f) All othe activities 3,OO MT/ha SCHEDULE 2 Indexes fo adjustments to the annual fee based on the location and sie of land plots and the pupose fo which they ae used Index Location: Maputo Povince: 2.o Land plots bodeing: Patial potection one o 1.o Pupose fo which used: chaitable associations.5 SCHEDULE 3 Index applicable to annual fees payable by national, individual pesons Index applicable to annual fees payable by national, individual pesons:.8 AUTHORISATION FEES AND ANNUAL FEES Decee No. 77/99 of 15 Octobe By Decee 66/98 of 8 Decembe, the Land Law Regulations wee passed, and attached to these ae schedules setting out the authoisation fees and annual fees payable by applicants and titleholdes of the ight of land use and benefit, togethe with applicable adjustments. Taking into account the specific chaacteistics of cetain activities, and unde the authoity vested in it by aticle 33 of Law 19/97 of 1 Octobe, the Council of Ministes decees: ARTICLE 1 The annual fee in espect of land used fo the activities set out below is 2.,MT/hectae: a) Bovine cattle beeding; b) Repopulation of wildlife by means of wildlife faming; c) Pemanent cops. ARTICLE 2. The index elating to the sie of the aea, as set out in schedule 2 to the Land Law Regulations, is not applicable to the activities efeed to in the peceding aticle. ARTICLE 3. The index elating to land plots located in Maputo povince, as set out in schedule 2 to the Land Law Regulations, does not apply to the activity efeed to in aticle 1 (a) heeof. ARTICLE 4. The annual fee elating to land destined fo agicultual use is 15.,Mt/hectae.