Rwanda
Prime Minister's Order determining Modalities of Using State Land by State Organs
Prime Ministers Order 23 of 2022
- Published in Official Gazette special on 18 August 2022
- Assented to on 12 August 2022
- Commenced on 18 August 2022
- [This is the version of this document from 18 August 2022.]
Chapter One
General provisions
Article One – Purpose of this Order
This Order determines—1ºmodalities of using State land by State organs;2ºmodalities for granting rights to use State land and their transfer; and3ºthe content of the report on the use of State land.Article 2 – Scope of application
This Order applies to:1ºState land in public domain;2ºState land in private domain, except State land used for commercial activities registered under the name of a State-owned company or a specialised State organ.Article 3 – Definitions
In this Order, the following terms have the following meanings:1ºAuthority: a State organ in charge of land use and management;2ºMinistry: the Ministry in charge of land;3ºMinister: The Minister in charge of land;4ºState organ: a State organ including a decentralised entity with legal personality, which uses State land.Chapter II
Modalities of using state land by State organs
Article 4 – Rights of a State organ
A State organ is entitled to the following rights:1ºto use State land in compliance with the land use master plan of the area where the land is located;2ºto harvest the produce from the State land, in accordance with provisions of relevant laws;3ºto rent properties on State land;4ºto co-manage State land with another State organ.Article 5 – Obligations of a State organ
A State organ has the following obligations:1ºto exploit State land in accordance with the land use master plan and required standards;2ºto prevent degradation of State land;3ºto prevent trespass on State land;4ºto add value to State land;5ºto prepare the documents and proofs for cases in relation to the State land and submit them to the Office of the Attorney General with a copy to the Ministry;6ºto submit to the Ministry a report containing an analysis and recommendations on issues related to State land, within fifteen (15) days from the date the State organ has learnt about the issue;7ºto inform the Ministry about court cases relating to State land;8ºto inform the Ministry about renunciation of use of State land, within fifteen (15) days from the date of the renunciation.Article 6 – Management of the use of State land
The Ministry ensures the management of State land use, through—1ºissuing instructions relating to the management of State land used by State organs;2ºdesigning plans of exploitation of State land in collaboration with concerned State organs;3ºmonitoring the implementation of plans of exploitation of State land;4ºapproving the transfer of rights to use State land between State organs;5ºgranting rights to use State land;6ºtaking measures to ensure the efficient management of State land, on basis of the State land use report;7ºdetermining other modalities of using State land other than how it was previously used.However, the Ministry grants to another State organ the rights to use State land that is ineffectively exploited, upon ninety (90) days notice given to the State organ that was using the State land.Article 7 – Management of the use of land allocated to Rwanda by another State
The Ministry in charge of foreign affairs manages the use of land allocated to Rwanda by another State.Chapter III
Modalities for granting rights to use State land and their transfer
Section One – Modalities for granting rights to use State land
Article 8 – Application for rights to use State land
A State organ that intends to use State land not used by any other State organ, submits to the Ministry an application file for the rights to use the land.Article 9 – Content of the application file for rights to use State land not used by any other State organ
An application file for the rights to use State land not used by any other State organ comprises the following:1ºan application letter to the Minister;2ºa plan of exploitation of the land;3ºanother relevant document.Article 10 – Assessment of application for rights to use State land not used by any other State organ
The Ministry assesses the application for the rights to use State land within thirty (30) days from the date of reception of the application file.Article 11 – Granting rights to use State land not used by any other State organ
If the Ministry approves the application for the rights to use the State land, it notifies the applicant in writing, with a copy to the Chief Registrar of land titles.The Chief Registrar of land titles records the rights in the land register, and notifies, in writing, the State organ granted the rights to use State land.Section 2 – Modalities for transfer of rights to use State land
Article 12 – Application for transfer of rights to use State land
A State organ that intends to use State land used by another State organ submits to the Ministry an application file for transfer of the rights to use the land.Article 13 – Content of the application file for transfer of rights to use State land
An application file for transfer of the rights to use State land comprises the following:1ºan application letter to the Minister;2ºthe Unique Parcel Identifier or deed plan of the State land subject to transfer;3ºa plan of exploitation of the land;4ºanother relevant document.Article 14 – Assessment of application for transfer of rights to use State land
The Ministry assesses the application for transfer of rights to use State land within thirty (30) days from the date of reception of the application file. During this period, the Ministry consults relevant State organs.Article 15 – Approval of transfer of rights to use State land
If the Ministry approves the application for transfer of rights to use the State land, it notifies the applicant in writing, with a copy to the State organ previously using the land and the Chief Registrar of land titlesThe Chief Registrar of land titles records the transfer in the land register, and notifies, in writing, the State organ granted the rights to use State land.Chapter IV
Content of the report on the use of State land
Article 16 – Report submitted by a State organ
A State organ submits to the Authority a report on the use of State land, with a copy to the Ministry, not later than 31st July, each year.The report indicates the following:1ºUnique Parcel Identifier;2ºland use;3ºcurrent use of the land;4ºplanned land use and time frame;5ºproperty on the land;6ºthe current status of the land and property thereon;7ºthe estimated value of the land and property thereon;8ºmeasures taken to prevent State land degradation;9ºfurther information on the land.Article 17 – Report submitted by the Ministry in charge of foreign affairs
The Ministry in charge of foreign affairs submits to the Ministry a report on use of land allocated to Rwanda by another State, with a copy to the Authority, not later than 31st July, each year.The report indicates the following:1ºsurface area of the land;2ºcurrent use of the land;3ºplanned land use and time frame;4ºproperty on the land;5ºthe estimated value of the land and property thereon;6ºfurther information on the land.Article 18 – Report on inspection of the State land use
The report on inspection of the State land use indicates the following:1ºthe number, surface area and estimated value of land under inspection;2ºa list of land used by State organs, information on the land, its surface area, and State organs using it;3ºthe number and surface area of land effectively exploited;4ºa list of land ineffectively exploited, information on the land, State organs using it, reasons for ineffective exploitation and recommendations;5ºa list of land not exploited by any State organ, information on the land and its surface area;6ºsurface area and information on land that was recovered;7ºsurface area and information on State land repossessed by individuals;8ºsurface area and information on State land provisionally registered as State land;9ºsurface area and information on land conceded for strategic investment;10ºsurface area and information on land conceded;11ºa description of how the use of State land is guided by the land use master plan;12ºmeasures taken to prevent land from trespass and degradation;13ºissues raised in State land use;14ºinformation on land allocated to Rwanda by other States, in relation with its surface area, location and current use;15ºinformation on the status of compliance of State land lease and concession for strategic investment;16ºinformation on the status of compliance of State land concession for social welfare;17ºinformation about court cases relating to State land;18ºother relevant information on State land use.Chapter V
Final provisions
Article 19 – Authorities responsible for the implementation of this Order
Minister of Environment and the Minister of Foreign Affairs and International Cooperation are entrusted with the implementation of this Order.Article 20 – Commencement
This Order comes into force on the date of its publication in the Official Gazette of the Republic of Rwanda.History of this document
18 August 2022 this version
Commenced
12 August 2022
Assented to