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

Attachment 9considered by the Council of Ministers and the Malvatumauri, indeveloping the National Land Law, and covered there.k) Strata Titles Act. An urgent amendment to this Act is required, to confirmthat it applies only to buildings and not to bare land. Considerationshould be given to whether there is any need for the Act to apply outsideurban areas, and, if so, in what circumstances.l) Customary Land Tribunal Act. The implementation of this Act is facing anumber of problems – some relating to basic matters like the authorityand identification of chiefs, and others relating to capacity-building. TheAct has been drafted in an extraordinarily complicated style, and wouldbenefit from a major revision and simplification.m) Physical Planning Act. The main legislative requirement here is for theland use plans to be given mandatory effect. Appeals to the Ministershould be replaced by appeal to, or review by, an administrative body –eg, an Urban Land Management Committee. The enforcementprovisions of the Act (including the level of fines and other penalties)need to be greatly strengthened.n) Foreshore Development Act. The main problem with this Act is chronicfailure to observe – or enforce – its requirements. Enforcement needs tobe greatly strengthened. There should be no leases granted over theforeshore area. (The National Land Law would confirm the rights ofpublic access to foreshore areas, and protect a foreshore zone.) Anynecessary private access rights to the foreshore and adjacent underwaterarea (eg, for jetties or lines to unload fuel) should be by licence, not bylease.o) Environmental Management and Conservation Act. The main problemwith this Act is, again, lack of sufficient administrative resources for itsimplementation. There is an urgent need to establish the specialDepartment for the environment, as called for by the Act, and to provide itwith sufficient staff and funds to carry out its responsibilities. There is nostatutory provision of a right of entry for officers carrying out their dutiesunder the Act – a glaring omission, which allowed massive damages tobe awarded in 2006, against the Government and an officer of theEnvironment Unit. The necessary power should be provided, andconsideration given to legislating to set aside the court judgment.4