SURVEY OF LAND-RELATED LAWS OF BELIZE
GENERAL SUMMARY
AND OBSERVATIONS
Candy B. Gonzalez
October, 2000 – Final Revision
Prepared for
Land Alliance for National Development (LAND)
TABLE OF CONTENTS
Table of Contents 1
Introduction 3
Section I. Definitions and Concepts 4
Section II. Inventory of Land-Related Laws 5
National Lands Act 5
Crown Lands Act 5
Land Acquisition (Public Purposes) Act 5
Land Acquisition (Promoters) Act 5
Alien Landholding Act 6
Belize City Council Act 6
Belmopan City Council Act 6
Town Council Act 6
Village Council Act 6
Prescription Act 6
Registered Land Act 7
Law of Property Act 7
General Registry Act 7
Ascertainment of Boundaries Act 8
Land Surveyor Act 8
Land Reform (Security of Tenure) Act 8
Housing and Planning Act 9
Land Utilization Act 9
Land Adjudication Act 9
Belize Land Development Authority Act 10
North Ambergris Caye Development Corporation Act 10
Reconstruction & Development Corporation Act 10
Ancient Monuments & Antiquities Act 11
Banana Industry Act 11
Land Tax (Rural Land Utilization) Act 12
Land Tax Act 12
Fiscal Incentives Act 12
Mines and Minerals Act 13
Petroleum Act 13
Environmental Protection Act 14
Public Health Act 15
Coastal Management Act Zone Act 15
Belize Tourist Board Act 16
Forest Act 16
Private Forests (Conservation) Act 16
National Park Systems Act 17
Fisheries Act, Fisheries (Amendment) Act 17
Section III. In-depth Discussion of Selected Laws 18
National Lands Act 18
Land Acquisition (Public Purposes) Act 21
Aliens Landholding Act and Amendment Order 24
Registered Land Act 26
Land Adjudication Act 27
Land Utilization Act and Amendments 28
Section IV. Additional Problems and Conflicts 31
Section V. Some Further Areas to Explore 33
Appendix. Alphabetical List of Land-Related Laws 35
INTRODUCTION
Belize has no comprehensive land policy and, in fact, has never had one. The Land Alliance for National Development (LAND), made up of an alliance of civil society organizations, seeks to involve individuals and organizations, nationwide, “To influence the establishment, through legislation, . . . . of a comprehensive national land policy which allows for clear, non-partisan and fair practices for the distribution, management and sustainable use of our land resources.”
There is a large body of laws related to land ownership, use, development, planning, conservation, and so on. Many of these laws have been revised or replaced by new legislation, but still remain on the books to fall back on, if the newer legislation fails to clearly cover an issue. Many laws are not enforceable as they do not have regulations that lay out how to implement them. Many other laws are ignored or by-passed. In addition, many government departments have policies and guidelines that are unavailable to the general public and change with the changing faces and times.
To effectively develop a land campaign, to increase public awareness, to identify and prioritize issues, and to advocate for change, there needs to be a clear under-standing of what laws presently exist and how they are used.
The aim of this document is to provide an easy reference to many of the laws relating to land ownership, development, use, and protection. It does not claim to cover all of the laws, nor does it claim to point out all the conflicts, contradictions and problems. It is a summary and guide, highlighting various problems and conflicts in some of those laws and categorizing difficulties related to them.
Part I gives some definitions and explanations of the importance of some words, as used in the laws discussed below.
Part II gives an inventory of land-related laws with a brief discussion of each law. When the law is named, only the original law is referenced, statutory instruments (SI) amending and adding to the laws are noted but not referenced. Following each summary are comments on some of the difficulties and/or conflicts in the law.
Part III gives an in-depth, section by section, discussion of some of the more
regularly used and referred to laws. Comments concerning the contradictions, overlaps and/or weaknesses of the law follows each discussion.
Part IV gives a summation, with generalizations of some of the problems and conflicts within the laws.
Part V suggests some areas needing more study and research.
1
I. DEFINITION AND CONCEPTS
In law, “land” includes any ground, soil or earth, such as fields, pastures, bush, woods, waters, marshes and swamp; the air space above land and all mines and minerals beneath it. Rivers, lakes, ponds, and so on (including the reef system) are “land” because they are regarded as earth covered by water. The term “land” also includes anything affixed to land like houses and buildings on land; as well as growing trees and crops, except those which, broadly speaking, are produced in the year by the labor of the year.
For the purposes of ownership, land may be divided horizontally, vertically and otherwise, either below, or above the ground. That means that different persons may own different layers of the same land.
Any interest which includes a right to possess land is called an “estate” or an estate in land which can be created or transferred at law.
Sustainable development, sustainable use, and sustainable utilization are terms that can be subjective and may be manipulated by commercial interests to promote increased utilization of land to the point that the land is unfit for any use after a commercial venture vacates the area. Therefore, it is important to define these terms in very specific ways so there is no ambiguity of meaning when they are used in any proposals, discussions, etc.
The words “may” and “shall” are very important when reading a law. “Shall” means that something must be done. “May” means it can be done or not.
A statutory instrument (SI) is legislation that has been passed into law. It is assigned a number, that indicates the order in which it was passed, and the year it was passed. To get a copy of an SI at the Government Printing Office, one needs to give the number and year. For instance, the National Lands Act is SI 6 of 1992.
1
II. INVENTORY OF LAND-RELATED LAWS
NATIONAL LANDS ACT, 1992 (SI 6)
This Act provides for the management and distribution of national lands except lands reserved as forest land. (Forest land is legislated under the Forest Act).
It is discussed in detail in Part III.
CROWN LANDS ACT, Laws of Belize, Revised Ed., 1980-1990, CAP 147
The Crown Lands Act, passed in 1886, was supposedly repealed by the National Lands Act, 1992. But it remains in the shadows, ready to step in if the National Lands Act is vague, unclear, ambiguous, or indefinite in an area or if an issue is covered in the Crown Lands Act but not covered in the National Lands Act.
COMMENT: Because the law is still on the books, it can be used to argue a detail or concept of law to justify an action by government.
LAND ACQUISITION (Public Purposes) ACT, Laws of Belize, Rev.Ed., 1980-90, CAP 150
This law allows the government to acquire lands for a public purpose and pay the owner at market rates.
It is discussed in detail in Part III.
LAND ACQUISITION (Promoters) ACT, Laws of Belize, Rev.Ed., 1980-1990, CAP. 149
This allows for land to be purchased by the government for development by a promoter (a promoter is defined as any corporation, company or other person) wanting to acquire land. Though the Act does not appear to have been used very much, it was used when a U.S. national purchased Caye Chapel.
COMMENT:
Obviously, this law can be ignored or set aside because there are no safeguards to the winds of ministerial discretion.
ALIEN LANDHOLDING ACT, Laws of Belize, Revised Ed., 1980-1990, CAP 144
The objective of this law was to discourage speculation in land and ensure that foreigners who bought land did so for developmental purposes, and not to hold on to until they could resell it for a much higher price.
It is discussed in detail in Part III.
TOWN COUNCIL ACT, 1999 (SI 29)
BELIZE CITY COUNCIL ACT, 1999 (SI 1)
BELMOPAN CITY COUNCIL ACT, 2000 (SI 4)
VILLAGE COUNCIL ACT, 2000 (SI 1)
Town Councils, Village Councils, and City Councils have the power to make by-laws for the establishment, regulation control, maintenance and management of markets etc.; the regulation of parks, gardens and public recreation grounds in the village; the erection, removal, demolition and closing of houses, buildings and all type of structures; drainage and sewage, general sanitation of the city, town or village; regulation of land in city, town or village to prevent such land being a source of danger to surrounding property. It empowers the Councils to set tax rates and to tax property. It empowers the Councils to acquire land for a public benefit. They are empowered with the same authority as that given the minister under the Land Acquisition (Public Purposes) Act.
COMMENT:
The local committees tend to be totally partisan (persons belonging to the political party of the incumbent Councils). There often are clashes with national Ministries if the party in power is not the same as that of the local councils. In that case, the local governing body has no real voice in the distribution of lands.
PRESCRIPTION, Laws of Belize, Revised Ed., 1980-1990, CAP. 155
This law allows a person to claim land they have possessed openly and continuously used for a period of 30 years. Though their claim may be challenged, their right becomes absolute and unchallengeable after 60 years. A person can gain an easement or access in or on the land of someone else if there is continuous and regular use of the land for 20 years, with no attempt to block or stop such use; this is called an easement. An example of such an easement or access might be a path across the land or the access to the light of the sun.
COMMENT:
The Registered Land Act, Part IX, discusses prescription and appears to change time periods for some lands, but refers back to this law as reference. This can be confusing. The Registered Land Act should either control in terms of prescription or the Prescription Act should be revised to include the different definitions and taken out of the Registered Land Act.
REGISTERED LAND ACT, Laws of Belize, Revised Ed., 1980-1990, CAP. 157
The objective of this law was to simplify procedures for creating and transferring titles to land. The intention was and is to eventually convert all land titles to one system, the system created by this Act.
It is discussed in detail in Part III.
LAW OF PROPERTY, Laws of Belize, Revised Ed., 1980-1990, CAP 154
This law was originally written to regulate land trusts, charges, mortgages, taxes, rent charges, charges on crops and other encumbrances. It was to be replaced by the Registered Land Act, putting all land under the newer Act.
COMMENT: Since not all the land has been transferred into the Registered Land Act system, this law is still on the books, which can cause problems and confusion.
GENERAL REGISTRY ACT, Laws of Belize, Revised Ed., 1980-1990, CAP. 258
This Act established a Land Titles Department to register titles, leaseholds, easements, transfers, conveyances, etc. The newer Registered Land Act is supposed to take over and be applied to land registered under it, and thereby make the General Registry Act unnecessary.
COMMENT:
Since not all the land has been transferred into the Registered Land Act system, this law is still on the books, which can be confusing.
ASCERTAINMENT OF BOUNDARIES, Laws of Belize, Revised Ed., 1980-1990, CAP. 145
This law defines the procedure to be followed when there are any disagreements about the boundaries of land or when the description of the boundaries is vague. The law gives jurisdiction to the Supreme Court, setting down the procedures and powers of the court.
COMMENT:
The description of boundaries as well as decisions of court proceedings are all too often affected by partisan influence and/or arbitrariness. To have the ability to take a matter to Court involves costs and a belief that the Court and/or Judge will give a fair hearing to the dispute. This greatly limits the number of people who would appeal to the Court.
LAND SURVEYOR ACT, Laws of Belize, Revised Ed., 1980-1990, CAP. 152
This law states that to conduct surveys of land, a person must be licensed. All surveys and plans shall be kept at the Lands & Surveys Department; all plans shall be registered and authenticated.
COMMENT:
The importance of accurate surveys and plans is often under-rated. In order to assess policies and to propose sustainable and fair land use, there must be reliable and accessible documentation. Although the intent of this Act was to bring all the available information together, it is doubtful there is a complete record of existing surveys and the fact remains that there are no records for many parts of the country.
LAND REFORM (Security of Tenure) ACT, Laws of Belize, Rev. Ed., 1980-1990, CAP. 151
This law requires a one-year period of notice before evicting tenants from land and has provisions to regulate the increase of rent and payment for improvements. Tenancy goes back to a feudal-type system where the land is worked by live-in laborers who get the products of their labor but pay for the use of the land.
COMMENT: