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

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Attachment 13Purpose and Objectives of the AssistanceThe overall objective of the Assistance is to support the Ministry in its review of theoutcomes from the National Land Summit, and identify the reforms and possibleassistance necessary to implement those outcomes, both in the short term and thelonger term.Scope of ServicesThe tasks to be undertaken during the Assistance are –1) Establish and manage a team of foreign and ni-Vanuatu consultants toreview Vanuatu’s land legislation and policy. International consultants willtake the lead for each review.2) Work under the direction of the Steering Committee established by theGovernment for the purpose of overseeing the process of bringing forwardthe resolutions and other outcomes from the National Land Summit forGovernment consideration and implementation. The Steering Committee willguide consultant inputs.3) Assist the Steering Committee in advancing the outcomes of the Summit andto advise on prioritising and sequencing administrative, policy and legislativechanges.4) Review Vanuatu’s current land policies, legislation and administrativearrangements affecting land, with the general aim of providing a situationalanalysis and identifying the reforms that would be necessary to implementthe resolutions and other outcomes from the National Land Summit.5) Identify those reforms which are capable of immediate implementation underthe current system (i.e. administrative in nature), and what inputs would beneeded for their implementation.6) Identify those reforms which would require amendments to existing landlegislation and administrative arrangements, and what inputs would beneeded for their implementation; and assist in preparation ofrecommendations for Ministers on new policy or legislative measures.7) Collaborate with the NZAID-funded team reviewing the customary landtribunal legislation and other relevant land legislation to ensure that nounnecessary duplication occurs;8) Identify in broad terms the analytical, advisory and grant support forcoordinated donor assistance to the Lands sector, with a view to laterconsultations with the Government and possible follow-up missions to workwith the Government on project design for agreed land reform activities.2
Attachment 13MethodologyIn undertaking the above, the Organisation will be required to establish a team oftwo ni-Vanuatu and two foreign consultants with relevant expertise. The team ofconsultants will be required to:- Undertake a first visit to Vanuatu of approximately 2 weeks duration, for thecollection of legislation, standard forms and other related documents,consultations with the Steering Committee, senior Ministry officers, relevantstaff from the Ministry and the State Law Office;- Be briefed by the donor partner on the methodology and logisticalarrangements for the visit;- Prior to departure, present an Aide Memoire as part of the debrief to thedonor partner, the Ministry of Lands and the Steering Committee;- Prepare a draft report for review by the Steering Committee and otherstakeholders;- Undertake a follow-up visit of a week or so to meet with the SteeringCommittee to obtain feedback on the draft report and to finaliserecommendations;- Prepare a final report in accordance with Reporting Requirements below.DurationThe Assistance will take up to 45 days, which include –- 7 days for review of documentation;- 14 days for fieldwork (first visit);- 10 days for follow-up visit;- 14 days for drafting and finalising the report;Team CompositionA team of at two foreign consultants and two ni-Vanuatu consultants, withappropriate qualifications and extensive experience in reviewing land policies andlegislation in relevant developing countries, including expertise in –land policy formulation;land legislation;land reform;institution-strengthening;intimate knowledge of Melanesian culture and some understanding ofBislama would be an advantage.Reporting Requirements- Aide Memoire;- Report in accordance with the Scope of Services above.The report will be prepared in draft and submitted within 28 days of return to theSteering Committee and donor partners. The draft report will be finalised during thesecond in-country visit after receipt of comments from the Steering Committee anddonor partners, in a time-frame agreed with the team of consultants.3
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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
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Attachment 7The number of land reco
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Attachment 72.3.2. Enforcement Unit
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Attachment 74. ENVIRONMENT UNITThe
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Attachment 7The Shefa Corporate Pla
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Attachment 7 Strengthening of DOLSR
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Page 98 and 99: Attachment 8Res.NoResolution Admini
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Page 108 and 109: Attachment 9c) A Part covering deal
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Page 112 and 113: Attachment 9reviewing the present l
Page 114 and 115: Attachment 10VANUATU LAND USE MANAG
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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
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