12.07.2015 Views

Stimulating investment in pearl farming in ... - World Fish Center

Stimulating investment in pearl farming in ... - World Fish Center

Stimulating investment in pearl farming in ... - World Fish Center

SHOW MORE
SHOW LESS
  • No tags were found...

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

to recede and presumably vanish under any foreseeable Beij<strong>in</strong>g-Taipei scenario, there isno reason to th<strong>in</strong>k that substantial Ch<strong>in</strong>ese aid will not cont<strong>in</strong>ue to be available.The <strong>World</strong> Bank Group is open<strong>in</strong>g a country office <strong>in</strong> SI so as to make its money andadvice more readily accessible, and the Asian Development Bank is pay<strong>in</strong>g <strong>in</strong>creas<strong>in</strong>gattention to SI’s situation and needs. The European Union seems uncerta<strong>in</strong> about its longtermrelations with the Pacific, but for the present the EU’s development agencies,<strong>in</strong>clud<strong>in</strong>g the EIB, are actively engaged and committed to multi-year programmes <strong>in</strong> SI.All this is positive for commercial <strong><strong>in</strong>vestment</strong>. It provides assurance that regional and<strong>in</strong>ternational agencies will be physically present <strong>in</strong> SI, argu<strong>in</strong>g the case and provid<strong>in</strong>gresources for better <strong>in</strong>frastructure and services, trade expertise <strong>in</strong> key <strong>in</strong>stitutions and aregulatory regime that attracts quality <strong><strong>in</strong>vestment</strong> and assists it to commercial success.3. Land tenureLand <strong>in</strong> Solomon Islands is held either under customary tenure, or under a system ofregistration of land and def<strong>in</strong>ed <strong>in</strong>terests there<strong>in</strong> established by the Land and Titles Act.By far the greater part of Solomon Islands is customary land, and customary rightscommonly extend to neighbour<strong>in</strong>g reefs and <strong>in</strong>shore fish<strong>in</strong>g grounds3.1 The registered tenure systemRights of ownership, occupation and use of registered land are recorded <strong>in</strong> the LandRegister, ma<strong>in</strong>ta<strong>in</strong>ed by the Registrar of Titles, and land boundaries are recorded <strong>in</strong> theRegistry Map ma<strong>in</strong>ta<strong>in</strong>ed by the Surveyor-General. The system covers about 10% of theland <strong>in</strong> Solomon Islands. This <strong>in</strong>cludes all the urban centres, several hundred parcels ofland <strong>in</strong> rural areas formerly known as alienated land, a small number of parcels convertedfrom customary tenure by a process known as land settlement, and a grow<strong>in</strong>g number ofparcels acquired by the Commissioner of Lands for purposes of development or otherpublic purposes. All land on the register has gone through a process of title and rights<strong>in</strong>vestigation before be<strong>in</strong>g registered, and the <strong>in</strong>terests <strong>in</strong> registered land recorded on theLand Register are the subject of <strong>in</strong>demnity by the government.The pr<strong>in</strong>cipal forms of registered <strong>in</strong>terest are the perpetual estate, fixed term estate, leaseand charge. Rights of way and easements such as access to water and other natural assetsare also registrable as encumbrances on the registered right to occupy and use the land.a) a perpetual estate broadly corresponds to a freehold <strong>in</strong>terest <strong>in</strong> European usage.The perpetual estate <strong>in</strong> a parcel of land can only be held by the Commissioner ofLands or by a Solomon Islander (as def<strong>in</strong>ed <strong>in</strong> the Land and Titles Act), acompany at least 60% owned by Solomon Islanders, and certa<strong>in</strong> other limitedclasses of persons. Broadly speak<strong>in</strong>g, ‘government land’ is held by theCommissioner as perpetual estate, and <strong>in</strong> coastal parcels the title extends to thehigh-water mark. The Commissioner may transfer the perpetual estate to eligibleperson(s) and may make this subject to payment of premium, rent andperformance conditions.b) a fixed-term estate may only be granted by the Commissioner of Lands, and fornot more than 99 years. It is generally similar to a leasehold <strong>in</strong>terest <strong>in</strong> European9

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!