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

participation by ni-Vanuatu nationals, in particular the custom owners.” Whilementioning that the country’s agricultural policy, and the place of foreign investors inthat policy, was still not settled, the Minister referred to three possible situations –(i)(ii)for major development proposals: an agreement for up to 75 years, buton the basis of a joint venture with the custom owners;for minor development proposals: a lease or joint venture agreement forup to 30 years;(iii) for proposals for no new investment: the area would be reduced to justthe residence and immediate surroundings, and a lease would be for amaximum of 30 years.In the case of urban land, the Minister said that town boundaries would berationalised to exclude large agricultural areas, and the remaining urban landdeclared public land under the Land Reform Regulation. General management oftown land would be under the responsibility of the Vila and Luganville Urban LandCorporations 5 . Custom owners of urban lands would have representation on thesecorporations, and would share in the revenues raised from them. Former titleholdersof developed urban land would be issued with leases by the corporations,on terms and conditions which were still being considered by the Government. TheMinister concluded by advising that he was working on the creation of a new systemfor registering transactions in the former alienated lands, including transfers, leasesand mortgages.Notable features of these early land policy statements and legislation are –a) the Minister’s clear view that the “custom owners” of land in Vanuatu aregroups, not individuals;b) the clear intention that the general maximum for lease periods in ruralareas would be 30 years, and would only be for up to 75 years for majordevelopment projects, and only if the investor was prepared to enter intoa joint venture with the custom owners;c) it is also clear that the Minister’s power to enter into agreements onbehalf of custom owners under Sec. 8 of the Land Reform Regulation(now Land Reform Act) was only intended to be exercised over alienatedland, not land which had never been alienated; 6d) finally, it is clear that the Land Reform Regulation was only intended to bean “interim” measure, until such time as the National Land Law wasprepared as required by Article 76 of the Constitution.Reviewing these land policies and legislation 27 years later, it is apparent that manyof these early principles have been seriously undermined. Findings and conclusions5 These two corporations were later abolished.6 The references to “not occupied by an alienator” in Sec. 8(1)(b) and (c) referred to the manyplantations which had been abandoned, during the rebellion and turmoil surroundingindependence. Some of the former owners of these plantations had been deported, ordeclared prohibited immigrants, so negotiations for replacement titles were impossible.10