Vanuatu Review of National Land Legislation, Policy and ... - AusAID

Attachment 9REFORMS OF LAND LEGISLATION1. INTRODUCTIONThe following is an outline of the legislative reforms which could be necessary toimplement the National Land Summit resolutions, under the headings –National Land LawReforms to existing legislationNew legislationTransitional arrangements.2. NATIONAL LAND LAWThe main contents of a National Land Law could be –a) A Part setting out the principles of land tenure in Vanuatu, and the lawwhich applies generally to land, including –i. clarification of the nature of custom ownership, and of the rights heldat group and individual levels in custom land;ii. clarification of what land custom applies to, and how the operationof custom is affected by legislation;iii. the different categories of land – rural/urban and custom/public;iv. public access to certain lands (foreshores, land extending tooffshore reefs, lagoons, rivers, lakes, etc.)v. Government’s power to acquire land in the public interest (includingfor new urban areas);vi. protection of public land from interference with the public interest.b) A Part covering land administration, including –i. bodies exercising powers over land at –the national level (eg, the Council of Ministers, the Minister ofLands, a possible National Land Management Committee);the provincial level (eg, the Provincial Council, a possibleProvincial Land Management Committee);the local level (eg, a possible Local Land ManagementCommittee);ii.iii.the membership, functions and powers of these bodies over landmatters, and how their powers must be exercised;any special arrangements required for the administration of urbanland (eg, an Urban Land Management Committee).1