This Act, consisting of 248 sections organized into ten Parts, is administered by a Director of Lands and Surveys who is supported by staff appointed by the Minister responsible for resource planning, and the Director must comply with any lawful general or special directions issued by the Minister. Its main goal is to make better provision for the law relating to land, including its classification, administration, ownership, use, and regulation. The main objectives of the Code are to: (i) classify and regulate all categories of land, such as State land, Mixed Zone Land, Native Area Land, Native Customary Land, Reserved Land, and Interior Area Land, empowering the Minister and Director of Lands and Surveys to classify land and issue directions; (ii) govern the alienation, ownership, transfer, and dealings in land, including restrictions on foreigners and the protection of native customary rights; (iii) provide clear procedures for surveying, registering, subdividing, developing, and resuming land; (iv) define and protect the rights and obligations of landowners, the Government, and native communities; and (v) establish an administrative and legal framework for land management, dispute resolution, and enforcement. Furthermore, the Code (i) establishes detailed processes for land registration, subdivision, development approval, and compensation; (ii) sets out enforcement powers and offences for unlawful occupation or dealings; and (iii) creates systems for settlement of claims, surveys, boundary marking, arbitration, and appeals. The Code contains dedicated provisions that recognize, protect, and regulate Indigenous (native) land rights, including native customary rights, native communal reserves (protected from alienation and are managed according to customary law practices, designated specifically for the use and benefit of Indigenous communities), and legal protections supported by both statutory text and case law.
For the agricultural sector, the Code contains specific provisions relevant to agricultural development, particularly in relation to (i) the classification of land for agricultural purposes, including rules governing how such land may be created, managed, or converted, such as provisions for converting agricultural land to other uses like building land; (ii) the control of land use for agriculture, including the requirement that agricultural land cannot include land used principally for mining, thereby ensuring proper land-use separation; (iii) limits and controls over dealings in agricultural land, including restrictions on its subdivision, transfer, or development to ensure that its use remains consistent with agricultural purposes; (iv) permit-based control for agricultural occupation and use, through the issuance of occupational licences, temporary occupation licences, and other permits that may authorize agricultural activities, thereby enabling regulated agricultural use of State land; (v) the interaction with Native Customary Land, much of which is used for agriculture, with the recognition of native customary rights indirectly supporting agricultural activities carried out by native communities.
Finally, the Code (i) empowers the Government to resume alienated land when it is required for public purposes, subject to statutory conditions and safeguards. Upon resumption, the affected landowner is entitled to compensation assessed according to the procedures and principles set out in the Code; (ii) establishes a system of title registration under which all dealings in land (such as transfers, leases, charges, and subdivisions) must be registered to be legally effective. The Code also provides procedures for correcting errors, issuing replacement titles, registering cautions, and recording statutory restrictions or notices; (iii) provides a range of penalties for offences involving land dealings, documentation, and non-compliance with land conditions, including fines, imprisonment, cancellation of registration, forfeiture, and daily continuing penalties.