Determining conditions of granting agricultural lands belonging to the state’s private property for concession reclamation

The 85th issue of the Official Gazette published an executive decree specifying the conditions and modalities for granting agricultural lands belonging to the private property of the state, for reclamation within the framework of concession, notably the need to start reclamation works within a period not exceeding six months.

According to this Decree No. 21-432 signed on November 4, 2021 by Prime Minister Aïmene Benabderrahmane, “granting lands for reclamation is done through concession, accompanied by specifications signed by the beneficiary and indicated, as the case may be, by the National Office of Agricultural Lands, or by the Office of Industrial Agriculture Development in the Desert Lands.

According to the specifications, every breach of obligations is legally recorded in the inspection report prepared by the control agents.

Violation of the obligations of the concession could be for the holder not start the reclamation works after a period of six months, starting from the date of the grant, non-respect of the technical conditions during the completion of wells or their completion with defects, non-exploitation and reclamation of the granted lands during an agricultural season without reasonable cause, diversion of the granted plot, leasing or subletting all or parts of the lands subject to the concession.

The breach of obligations also includes the conclusion or termination of any agreement or partnership without the prior approval of the National Office of Agricultural Lands of the state, every transaction whose subject is the right of concession, and the purpose of which is to modify the strength of the granted properties and non-payment of royalties on state property for two consecutive years.

The concession is granted for lands belonging to the state’s private property for reclamation for a maximum period of 40 years, renewable at the request of the concession holder, in return for an annual royalty determined in the Finance Law.

According to the text, reclamation means “every act aimed at putting into production and valuing the capabilities of agricultural-oriented real estate, to allow annual or multi-year production, destined for human, animal or industrial consumption directly or after its conversion.”

The perimeters destined for reclamation are determined by the National Office of Agricultural Lands, in consultation with the relevant technical departments in the province, in order to build an abundance of lands.

In the context of agricultural investment through reclamation, notices of candidacy must be issued electronically, as the case may be, by the National Office of Agricultural Lands or by the Office for the Development of Industrial Agriculture in Desert Lands.

The concession application shall be accompanied by a file that includes, in particular, the business plan for the investment project, justifications for the financial capacity of the project holder, and the basic laws governing legal persons.

The concession contract ends in the event the concession period expires if it is not renewed, or at the request of the concessionaire, or as a result of the concession contract being terminated due to a breach of the obligations of the terms book and the investment project work plan, or in the event of the concession owner’s death or the dissolution of the legal person.

According to the same decree, the beneficiaries of the lands, within the framework of the various reclamation systems in which the granting procedures have not been completed, are required to comply with the provisions of this decree within a period of 12 months.

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