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Legislation Madagascar beaches

Legislation Madagascar beaches

Legislation Madagascar beaches

Legislation Madagascar beaches

Legislation Madagascar beaches Diego-suarez-immobilier.com

In Madagascar, we should not be deluded: the beaches, even private, concern the field of the State primarily. And their exploitations can be part of a “temporary occupation” strictly governed by the law. The Malagasy State and/or its dismemberments can allot beaches, shores of seas to persons or institutions according to a particular procedure. They can also take them again by taking care to collect the observations of the owners. Constraints explicitly envisaged by the law can also touch the beaches within the framework of hydro agricultural work, of public utility.

However, a law of 2005 which specifies the statutes of the grounds in Madagascar consecrates the malagasy property, while recognizing the domanial property. Beaches can consequently belong to physical persons legally, to rural communities and to legal persons of private law who make the request of a title deed (land certificate in particular) and acquire it at the conclusion of a public and contradictory procedure. In addition, the sale of plots on nongeometrical zones as the beaches is only open to the Malagasy people under the terms of the law on land entered in application in 2008.

Transmission of the use of beaches in Madagascar

In Madagascar, the law foresees the use of beaches, state-owned properties, is transmissible as well to physical persons as companies which make the request. This authorization is given by decree of the ministry in charge of the Service of the fields or by a decision of the public authority whose this portion depends on the public domain.

The authorization of the beaches occupation is renewable by the same structure. If this last feel for the need, it can revoke this transmission of use after having warned the occupants.

In addition, the management of a shore of nonnavigable nor floatable waterway must absolutely take account of a right-of-way of ten meters width the maximum. The same space must be held for possible work, drains or channels regarding the public power.
If the waterway in question is floatable or navigable or if it is about a shore of seas including the islands, then the right of way to be envisaged will have a width of twenty-five meters maximum. This reservation is done starting from the public maritime limit, which includes the territorial limits.

Article 8 of the law N°2005-019 of October 17th, 2005 specifies the statute of the rights of way.

Purchases and sales of beaches in Madagascar

Before 2008, the purchase and the sale of beaches not being authorized, we use among others the long lease to rent or occupy durably a piece on the littoral tape. Starting from 2008, the purchase and the sale of beaches can be done, but between Malagasy people. The foreigners (Vahazas in local language) and their companies remain in theory in margin of this kind of transactions relating to the land one, except in the event of marriage or of associations in business with nationals.

It goes without saying that a bought beach remains governed by the law. However, in addition to the respect of manners and the regulation on environmental and animals protection, it is important to envisage rights of way of ten meters for the nonnavigable waterways nor floatable or twenty-five meters for the floatable and navigable waterways.

Manners, collecting on the beaches

The naturalism or nudism which consists in being displayed naked in group is not authorized in Madagascar. Judged reached with human dignity, sex tourism is condemned by the laws of Madagascar following the example of the international provisions. Dissuasive measurements and severe punishments exist on the Large Island against the natural or moral persons who are made guilty of offences like the drug trafficking, the diversion of minors and the paedophilia.

On the beaches, it is not allowed to collect corals, tortoises, their eggs or other objects being the object of an international or local protection. Stroll on the beaches are not authorized in the indicated sacred zones by the Malagasy rural communities.

Legislation Madagascar beaches. Real Estate Madagascar.

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