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

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Attachment 9c) A Part covering dealings in land, including –i. dealings in custom land –what kinds of dealings in custom land are possible?how are decisions made by the custom owners (to ensure thatall persons with an interest in the land under custom areinvolved)?what are the procedures for entering into those dealings(including for publicity, advice during negotiations andinformed decision-making)?what approvals are required (eg, by a Provincial or Local LandManagement Committee)?what is the legal effect of such dealings?ii. Dealings in urban land –what kinds of dealings in urban land are possible?what are the procedures for entering into those dealings?what approvals are required?iii. Dealings in public land –what kinds of dealings in public land are possible (eg,licences)?provision for return of public land to custom ownership.iv. The standard terms and conditions of leases, including –maximum lease periods (for different categories of land) andarrangements for possible renewals;mandatory conditions in leases (eg, regarding use, transfer,mortgage, etc.);monitoring of compliance with lease conditions, and periodicreviews;d) A Part covering “Miscellaneous” matters, including –i. powers of Government officers (to enter and inspect land, etc.);ii.iii.protection of Government officers acting in the course of theirduties;enforcement provisions (offences and penalties);2
Attachment 93. REFORMS TO EXISTING LEGISLATIONThe main reforms required to implement the National Land Summit resolutionswould be –e) Land Reform Act. This Act would be repealed. It was originally intendedonly as an “interim” provision, and much of it was reproduced in theAlienated Land Act two years later. The Act is being used extensively forthe negotiation of leases over land which has never been “alienated”,which was not the intention of the original Land Reform Regulation.Negotiation of such leases in future would be covered by the newNational Land Law. (The present power for the Minister to enter intoleases on the custom owners’ behalf would not be retained.) Otherprovisions in the Act which are still relevant (eg, provisions dealing withpublic lands) could be incorporated into the National Land Law. Caremust be taken to ensure that the legal effect of anything done by or underthe Act is not removed by its repeal (see D. Transitional arrangements,below).f) Alienated Land Act. This Act has probably achieved its purpose andthere are probably no more “alienated lands” which can be brought underits provisions. If so, then consideration should be given to its repeal.(The same considerations apply to preserving the operation of itsprovisions which are still relevant.)g) Land Leases Act. This Act is basically alright, although it could beadapted in places to reflect Vanuatu’s circumstances (eg, the fact that“lessors” are custom owners). The Act has been the basis of land titlesand dealings for over two decades, and it is important, therefore, to avoidundermining those arrangements. Some adaptation of the Act will benecessary, however, to take account of the new National Land Law (eg,provisions for mandatory controls on dealings in leases, maximum leaseterms and renewal of leases).h) Land Acquisition Act. This Act has apparently never been used.Governments are usually given a power of compulsory acquisition of landfor public purposes and payment of compensation, but in the PacificIslands this power is almost never used. Perhaps the opportunity couldbe taken of reviewing this Act, and seeing whether a more suitablesystem of dedicating land for public purposes can be identified – at leastfor custom land.i) Urban Lands Act. This Act has been repealed, but the repeal Act has notyet been brought into operation. It is probably preferable to handle therequirements for new urban areas in the National Land Law.j) Freehold Titles Act. The constitutionality of this Act has been questioned,but it also raises important “public policy” questions. Whether Vanuatuwants to introduce freeholds in land is a matter which should be3
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VANUATUREVIEW OF NATIONAL LANDLEGIS
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Table of ContentsAbbreviations…
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AttachmentsAttachment 1:Attachment
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Executive SummaryThe National Land
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1. INTRODUCTION1.1. The National La
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Working under the direction of the
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2.5. Basic needsLand dealings in Va
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“(2) The consent required under S
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participation by ni-Vanuatu nationa
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(Sec. 25). In such cases, any money
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i. introduced a different formula f
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3.2.5. Urban Lands Act 1993The decl
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4. REVIEW OF THE LAND POLICY AND LE
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a) Are appropriate land use and imp
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5.4. Land dispute settlementArticle
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c) a number of village and area cou
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a) The Act is administered by Provi
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Problems have arisen when custom ow
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Despite the substantial reforms and
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To ensure that land disputes are ma
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Deconcentration; and,Divestment.The
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The need for the preparation of the
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7.12. ZoningLand management activit
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VANUATU LAND USE MANAGEMENT AND ADM
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8.4. Time FrameThere are a number o
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Attachment 1INTERIM TRANSITIONAL ST
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Attachment 1Resolution 7: There mus
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Attachment 1EnforcementResolution 1
Page 58 and 59: Attachment 12. The Malvatumauri Nat
Page 60 and 61: Attachment 2INTARIM TRANSISIONAL ST
Page 62 and 63: Attachment 2 Kavman hemi mas pasem
Page 64 and 65: Attachment 2Long-tem strateji1. Mal
Page 66 and 67: Attachment 3Council of Ministers Re
Page 74 and 75: Attachment 5Membership of Steering
Page 76 and 77: Attachment 6C. Land-related legisla
Page 78 and 79: Attachment 7Contents1. INTRODUCTION
Page 80 and 81: Attachment 7without which there wil
Page 82 and 83: Attachment 7Director GeneralDirecto
Page 84 and 85: Attachment 7To extend the work of t
Page 86 and 87: Attachment 7The number of land reco
Page 88 and 89: Attachment 72.3.2. Enforcement Unit
Page 90 and 91: Attachment 74. ENVIRONMENT UNITThe
Page 92 and 93: Attachment 7The Shefa Corporate Pla
Page 94 and 95: Attachment 7 Strengthening of DOLSR
Page 96 and 97: Attachment 76.4. Overlap and Duplic
Page 98 and 99: Attachment 8Res.NoResolution Admini
Page 100 and 101: Res.NoResolution Administration/ Ac
Page 110 and 111: Attachment 9considered by the Counc
Page 112 and 113: Attachment 9reviewing the present l
Page 114 and 115: Attachment 10VANUATU LAND USE MANAG
Page 116 and 117: Attachment 10In valuation there are
Page 118 and 119: Attachment 10the Secretary of the M
Page 120 and 121: Attachment 10which extend below the
Page 122 and 123: Attachment 10Short Term Initiatives
Page 124 and 125: Attachment 11Scoping Notes for Shor
Page 126 and 127: Attachment 11an improved understand
Page 128 and 129: Attachment 11It is proposed that th
Page 130 and 131: Attachment 113. Develop a methodolo
Page 132 and 133: Attachment 11particularly under the
Page 134 and 135: Attachment 11Institutional arrangem
Page 136 and 137: Attachment 11The Foreshore Developm
Page 138 and 139: Attachment 11 Operating within a fo
Page 140 and 141: Attachment 11Institutional arrangem
Page 142 and 143: Attachment 12Date Personnel Intervi
Page 144 and 145: Attachment 12Date Personnel Intervi
Page 146 and 147: Attachment 13Purpose and Objectives
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