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

3.2.5. Urban Lands Act 1993The decline of the strongly nationalist Vanua’aku Pati during the 1980s allowedgovernment to pass to its opponents, and this Act was introduced by a coalitiongovernment led by the Union of Moderate Parties (UMP). Its purpose was to allowthe creation of urban zones in addition to Port Vila and Luganville, with a view toencouraging investment outside the two existing towns and promotedecentralisation. 16 The Act has a number of novel features, including provision for“Urban Communities” and the compulsory registration of custom land in urban areasand preparation of “development plans”.The Act was apparently drafted outside the Attorney General’s Office, and moveswere soon under way for its amendment so as to clarify some aspects and bring itinto line with the Land Leases Act. In 2003, however, the Urban Land (Repeal) Actwas passed. At the time of writing, this repeal has still not been brought intooperation. The Act is, therefore, still in force, but its future is doubtful.3.2.6. Freehold Titles Act 1994Similar doubts surround the status of this Act, which was also introduced by theUMP-lead government in a further move to free up urban land. It allows indigenouscitizens to acquire freehold titles over land in urban areas, if they hold an“unconditional head-lease registered under the Land Leases Act” (Sec. 3). Thelegislation led to controversy, and doubts were raised over its constitutionalityalthough this was never challenged in court. 17 While it seems inconsistent with theConstitution’s emphasis on the customary underpinnings of land tenure, it iscertainly arguable that the Act falls within the wording of Art. 75, allowing indigenouscitizens “who have acquired their land in accordance with a recognised system ofland tenure” to have perpetual ownership of land. Once again, the uncertain statusof “state land” in urban areas presents a problem.The main problem with the Freehold Titles Act, however, is a practical one – thebasic nature of the title depends on the citizenship status of the title-holder. Whilethe Act did try to provide for the situation where an indigenous citizen holding afreehold wanted to transfer the title to a non-indigenous citizen (by reverting the titleto a lease), this is obviously an unworkable arrangement. Although the Act is still inforce, it is understood that no freehold titles have ever been issued.3.2.7. Strata Titles Act 2000Strata titles legislation is designed to provide the benefits of registered titles to unitswithin different levels (or “strata”) of a building. It is usual, therefore, to make clearin the law that it only applies to buildings. In the case of Vanuatu’s Strata Titles Act,the operative provision reads –“Land including the whole or a part of a building may be subdivided intolots by registering a strata plan in the manner provided by or under thisAct.” (Sec. 2(1))16 For further information on the Act, see Holmes 1996 (as above), pp16-17.17 See Holmes (as above), pp17-18.16