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Attachment 11It is proposed that the process commence in the northern islands where the chiefsare more clearly defined. This will enable procedures and questionnaires to berefined before moving throughout the whole country.Timeframe and Duration:To begin as soon as possible, and continue for 12 months in the first instance.Persons to be consulted:Selwyn Garu, Secretary General of MalvatumauriRalph Regenvanu, member of Kastom Governance Reference Group.4. SCOPING NOTE #3: COMPLIANCE AUDIT OF THE LANDLEASES ACTPurpose:1. To establish the degree of non-compliance with the requirements of –(a) the Land Leases Act, and(b) the terms and conditions of leases registered under the Act.2. To advise on actions which can be taken to remedy breaches of the Act andlease terms and conditions.Problems to be addressed:Since 1980, 7,070 leases have been registered under the Land Leases Act, ofwhich 5,392 are leases of public land in urban areas and 1,678 are leases of ruralland from its custom owners. The requirements for all leases are set out in the Act,in particular –i) leases must be in the prescribed form (Sec. 35);ii)every leases must specify the purpose and use for which the land is leasedand any development conditions (Sec. 38);iii) a lease term (including any extension) shall not exceed 75 years (Sec. 32);iv)leases are subject to implied agreements (including a requirement for thelessor’s consent to any disposal of the leased land or any interest in it, or anychange of the lease purpose) (Sec. 40A, 41) and to overriding interests (rightsof way existing at the time of the lease’s registration) (Sec. 17);
Attachment 11v) leases are subject to regular rent reviews (Sec. 39);vi)upon transfer of a lease of rural land, the lessee must pay the custom ownernot less than 18% of the sale price (Sec. 48A, introduced in 2004).(It should be noted that a high proportion of rural leases, probably more than 20%,have been granted by the Minister of Lands, exercising power under Sec. 8 of theLand Reform Act.)The Land Leases Act provides the usual remedies for breach of lease conditions –the lessor has a right of forfeiture, after serving a notice on the lessee (Sec. 46). Itis not known what action, if any, is taken to pursue these remedies.Resolutions adopted by the National Land Summit show a widespread perceptionthat the requirements of the Land Leases Act and terms and conditions of leasesare not being observed. Custom owners in particular seem insufficiently aware ofthe requirements of leases they have entered into, and how they can be enforced.There is only one officer in Department of Lands responsible for compliance. Inthese circumstances, the risk of chronic non-compliance is considerable. Not onlymay custom owners be losing their entitlements under the leases, but there is aserious threat to the integrity of the leasing system, and public confidence in it.Among reported abuses of the leasing system are –unapproved changes of lease purpose (eg, from agricultural to ruralresidential);failure to comply with development conditions;unapproved transfers of leases (including by share transfers) and disposals ofinterests; attempts to extend the terms of leases beyond the mandatory 75-year limit; infringements of rights of way.In some cases, non-compliance may be readily apparent, either from the recordsheld at the Registry or from information which is readily available. In many cases,however, a physical inspection of the leased land and interviews might benecessary.Activities:1. Work under the general direction of the Steering Committee which isoverseeing implementation of the National Land Summit resolutions, and moreparticularly under the direction of the Director General of the Ministry of Landsand Natural Resources.2. Lead a small team of Department of Lands officers in an audit of all registeredleases, to identify all cases of probable non-compliance with the lessee’srequirements under the Land Leases Act and the lease terms and conditions. Itmay not be possible to audit all leases and if this is the case then randomsampling will be necessary.
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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
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Attachment 12. The Malvatumauri Nat
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Attachment 2INTARIM TRANSISIONAL ST
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Attachment 2 Kavman hemi mas pasem
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Attachment 2Long-tem strateji1. Mal
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Attachment 3Council of Ministers Re
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Attachment 5Membership of Steering
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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 108 and 109: Attachment 9c) A Part covering deal
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 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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