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Section 4

⎯(1)

of Land Code, 1958

State OrdinanceIn forceProvision 4 of 209
Section 4

The Minister may, by order signified in the Gazette, declare any area of land to be Mixed Zone Land and thereupon any

Native Area Land or Interior Area Land within such area shall become

Mixed Zone Land.

(2)

The Minister may, by order signified in the Gazette, declare any area of land to be Native Area Land or Interior Area Land and thereupon such part of such area as consists of unalienated Mixed

Zone Land shall become Native Area Land or Interior Area Land, as the case may be.

(3)

The Director of Lands and Surveys may, with the approval of the Minister, by notification in the Gazette, declare that any area of land shall become Native Area Land and thereupon such part of such area as consists of Interior Area Land shall become Native Area Land.

(4)

Where the area in respect of which a declaration has been made under subsection (1), (2) or (3) comprises Native Customary

Land, such land shall be unaffected by the declaration, but any part thereof which may subsequently cease for any reason to be Native

Customary Land shall⎯

(a)

where the declaration has been made under subsection

(1)

, become Mixed Zone Land; and

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(b)

where the declaration has been made under subsection

(2)

or (3), become Native Area Land:

Provided that where the area in question has been declared to be Interior Area Land under subsection (2) and such cessation is effected by the extinguishment in favour of the Government of customary rights, then such part shall become Interior Area Land.

(5)

Where the area, in respect of which a declaration has been made under subsection (1), (2) or (3), includes Reserved Land, such land shall be unaffected by the declaration:

Provided that, if such land is subsequently alienated pursuant to section 38, it shall become Mixed Zone Land or Native Area Land as may be directed by the Minister under subsection (5) of that section.

(6)

The boundaries of any area included within a declaration made under subsection (1), (2) or (3) may be modified by subsequent declaration made in like manner, but such modification shall not affect the rights and conditions appertaining to any document of title issued prior to the publication in the Gazette of such declaration.

Native customary rights