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

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Attachment 11The Foreshore Development Act, administered by the Minister of Internal Affairs,requires that consent be granted before any development is undertaken onforeshores, but this requirement is routinely ignored. The EnvironmentalManagement and Conservation Act makes any development activities which “affectcoastal dynamics” subject to Environmental Impact Assessment (EIA) provisions,but again the evidence is that these requirements are ignored.There may be a need to draft specific legislation for protection of the foreshore area,and of public access to it. Care must be taken not to acquire the property rights ofcustom owners.Activities:1. Work under the general direction of the Steering Committee which isoverseeing implementation of the National Land Summit resolutions, andmore particularly under the direction of the Director General of the Ministry ofLands and Natural Resources.2. Consult officers in Departments of Lands and Internal Affairs, to identify thenature and extent of the current problems in three main areas –(a) public access to foreshores;(b) custom owner access to marine resources;(c) protection of foreshores.3. Review the existing legislation relating to protection of foreshores and ofpublic access, and identify the need for legislative reform.4. In doing so, address the question of whether different legislative provisionsshould be made for urban and rural lands.5. Draft the necessary legislation to –(a) protect a foreshore reserve;(b) guarantee public access to the foreshore and custom owner access tomarine resources;(c) make suitable transitional arrangements, to adjust existing developmentsto the new foreshore protection requirements;(d) make consequential amendments to related legislation.6. Prepare a short report, setting out findings, conclusions, recommendationsand draft legislation.Expected outcomes:Draft new legislation as necessary.Institutional arrangements:General direction from the Steering Committee, and particular day-to-day directionfrom the Director General.
Attachment 11Geographical scope:All coastal regions of Vanuatu.Timeframe and Duration:The present problems are affecting custom owners and the public to a greater orlesser extent. Where new coastal subdivisions and construction are intruding on theforeshore areas, any delay will mean increased opposition to change. Theassistance should, therefore, begin as soon as possible. Duration: 2 weeks.Immediate action required:An international consultant to be made available to assist with the drafting ofnecessary legislation and proceduresPersons to be consultedProvincial government; Custom owners; Malvatumauri and Councils ofChiefs9. SCOPING NOTE #8 – ZONING MAPS FOR LUGANVILLEPurpose:To prepare zoning maps for Luganville Municipality which will be developed as amodel for use by all provincial governments.Problems to be addressed:The Land Summit identified a number of issues associated with zoning maps,physical planning and regulations associated with land development and localgovernment activities.In seeking to create a strong economy, every country must implement strategies forplanning and development so as to improve the infrastructure and create a betterenvironment. Physical planning is the process whereby changes to the environmentcan be brought about through formal procedures. It involves:Reviewing and understanding the existing environment;Defining the problems that need to be solved;Determining alternative courses of action;Evaluating the options for change;Selecting an appropriate strategy after consultation with those affected;Implementing that strategy and monitoring its consequences; and
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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
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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 134 and 135: Attachment 11Institutional arrangem
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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