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

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Attachment 11Institutional arrangements:A cooperative arrangement is required between the Survey and Mapping Sectionand the Land Tribunals Unit in the Department of Lands and the Malvatumauri.Geographical scope:Location to be selected by Department of Lands in consultation with Malvatumauri.Timeframe and Duration:To be commenced as soon as possible and to continue with internal budget.Indicative budget:To be determined by the Department of Lands.Immediate action required:Continue the field activities as undertaken on Nguna.7. SCOPING NOTE #6: ADMINISTRATIVE REFORMSPurpose:To address a number of administrative issues were identified in the 20 resolutionsfrom the National Land Summit.Problems to be addressed:During the discussions that took place at the National Land Summit a number ofissues identified were administrative in nature, requiring only changes in proceduresor instructions and capable of being addressed without any legislative amendments.Resolution 5 contains a number of administrative changes that can be readilyimplemented by the Government including;1. All lease agreements be in Bislama.2. Agreement of leases involve every member of the land owning group(men, women and the youth).3. In all lease agreements, the Chiefs and land owners must approve: The Certificate of Negotiation.The Lease agreement.Any changes to the conditions of the lease (use of land (class oflease), term of lease).Resolution 5 requires that the Certificate to Negotiate must have the approval fromthe village, area or island council of chiefs before the Ministry of Lands can acceptthe certificate. Resolution 15 requires protection for cultural sights, the environmentand to ensure there is road access to leased areas.
Attachment 11It is possible for the Government to implement either procedural changes ortemporary measures to ensure that a number of these administrative issues areaddressed with a high level of urgency. This would ensure that the Government isdemonstrating a strong commitment to the outcomes from the National LandSummit.Activities:The Department of Lands to implement appropriate procedures so as to ensure theissues included in the 20 resolutions that are administrative in nature are addressed.Expected outcomes:Increased certainly, transparency and understanding of land transactions and thelease documents.Institutional arrangements:Staff in the Department of Lands to be assigned responsibility for implementingchanges in procedures.Geographical scope:The whole nation.Timeframe and Duration:The development of the changes need to commence immediately and should beimplemented within 6 months.Indicative budget:All activities are to be funded from the Government’s recurrent budget.8. SCOPING NOTE #7: PROTECTION OF FORESHORERESERVESPurpose:To draft the legislation necessary to protect foreshore reserves, and guaranteeaccess by the public and custom owners.Problems to be addressed:The Land Summit identified a number of problems associated with restricted accessto foreshore areas and adjacent reefs. In some cases, leases have been grantedwhich extend below the mean high water mark (HWM), and even beyond to theadjacent reef, and land reclamation and other construction works are being carriedout below the mean HWM.
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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
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Attachment 7Contents1. INTRODUCTION
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Attachment 7without which there wil
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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 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 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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