Act 16
Functions
and
procedure
of Board on
application
for
certificate
of
customary
ownership.
Land Act
1998
8. (I) The Board, shall upon receipt of the report and
recommendations of the Committee referred to in subsection (6)
of section 7, consider the application in the light of that report
and those recommendations and may( a) confirm the recommendations of the Committee and
where those recommendations are to issue a
certificate of a customary ownership with or
without conditions, restrictions or limitations,
issue that certificate of customary ownership
accordingly and where the recommendations are
to refuse to issue a certificate of customary
ownership, confirm that refusal; or
(b) where the recommendation of the Committee is to
issue a certificate, subject to conditions, restrictions
or limitations, vary the recommendations of the
Committee and issue a certificate of customary
ownership, with or without conditions, restrictions
or limitations in accordance with any such
variations as it may make; or
( c) return the report to the Committee with directions as
to what action, including further investigations or
hearings the Committee is to undertake on the
application;
(d) reject the report of the Committee and· where the
recommendation of the Committee is to issue a
certificate, refuse to issue a certificate and where
the recommendation of the Committee is to refuse
to issue a certificate, issue a certificate.
(2) Where the Board rejects or varies a recommendation
of the Committee, it shall give reasons for its decision.
(3) Where the Committee has recorded, under paragraph
( e) of subsection ( 1) of section 6 that a person is entitled to the
benefit of a third party right, a certificate of customary ownership
may only be issued by the Board subject to that third party right, a
record of which shall be endorsed on the certificate.
16
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