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

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Problems have arisen when custom owners have entered into leasesbeyond the MHW mark. Under the Land Reform Act, “land” is defined toinclude “land extending to the sea side of any offshore reef but no further”(Sec. 1). While this provision was no doubt intended to benefit thecustom owners by recognising their tenure to such marine areas, it hasworked to their disadvantage under the current inadequate supervision ofthe leasing procedures (see above). A number of leases have beensigned which give the lessees title over not just the foreshore zone, buteven in some cases to the adjacent offshore reef. Those holding suchleases apparently have felt free to build on the foreshore zone, reclaimbeachfront land, erect jetties and so on – all without the necessaryapproval under the Foreshore Development Act.Another complication is the fact that the two laws – the Land Reform Actand the Foreshore Development Act – are the responsibility of twodifferent Ministers – the Minister of Lands and the Minister of InternalAffairs. The same complication applies to the Physical Planning Act, withthe responsibility for land use planning being split between Lands andInternal Affairs. Such overlaps should be resolved if possible, and if notpossible then appropriate mechanisms for coordination of decisionmakingneed to be put in place.5.6. Environment protectionAnother law which is relevant to land administration and land use is theEnvironmental Management and Conservation Act of 2002, mainly in itsrequirements for Environmental Impact Assessments (EIAs). The main features ofthe Act for present purposes are –a) All projects, proposals or development activities that are likely to cause“significant environmental, social and/or custom impacts” are subject tothe EIA provisions, and in particular activities which “affect coastaldynamics” or “affect important custom resources” (Sec. 12).b) Exempt from the EIA provisions is the construction of single familyresidential dwellings or additions, provided that they are at least 30metres from any river, stream or the “line of mean high water spring tideof the sea” (Sec. 13).c) If a development proposal is subject to the EIA provisions, a PreliminaryEnvironmental Assessment (PEA) must be carried out by the Ministry,Department, etc., that receives the development proposal or application,and a report submitted to the Department of Environment andConservation (DEC) with recommendations on whether or not a full EIA isneeded for the project (Sec. 14).d) If a full EIA is required, the DEC must advise the project proponent within21 days (Sec. 17).e) The EIA must be undertaken in accordance with the requirements of theAct, the Regulations and any guidelines issued by the Director of theDEC (Sec. 18).28
f) It is an offence to undertake any activity for which an EIA is requiredwithout the necessary approval under the Act (Sec. 24), or to contraveneany term or condition of an approval (Se. 41).g) There is also provision for the registration of unique sites as communityConservation Areas (Part 4 Division 2).Problems with the Act’s implementation which were mentioned to the review teamincluded –The fact that, almost 4 years after the Act’s introduction, approval has stillnot been given for the establishment of the Department of Environmentand Conservation. The present Environment Unit suffers from a seriouslack of capacity for carrying out the DEC’s functions under the Act.Given a recent Supreme Court judgment, Environmental officers areuncertain about their powers to enter land in the course of their duties. 34Many rural subdivisions around Efate have not complied with the Act.Again, there is the complication that various Ministerial responsibilitiesare in potential conflict. The Environment Unit is part of the Ministry ofLands, which also has functions of promoting development, while thesubject of foreshore development lies within the responsibility of theMinistry of Internal Affairs.That completes the review of the main land-related legislation.6. LAND ADMINISTRATIONThe Government of Vanuatu’s strategic priorities have been build on previousreform efforts which centred around a Comprehensive Reform Programme (CRP)initiated in 1997 with the assistance of a US$20 million Programme Loan from theADB. The CRP was aimed to enhance and sustain private sector-led economicgrowth with its benefits distributed equitably within Vanuatu. This ambitiousobjective was to have been achieved by: redefining the role of government and enhancing the quality and deliveryof its services; (ii) increasing the productivity and growth of the commercial and privatesector; and (iii) supporting improvement of social indicators.As implementation of the CRP policies proceeded in the late 1990s, refinementswere introduced through the deliberations of National Summits and the NationalBusiness Forum. In addition, Provinces have prepared Rural EconomicDevelopment Initiatives (REDI) Plans to identify key needs in the Provinces andouter islands.34 Inexplicably, the Act provides no right of entry to officers in the course of their duty althoughthere is an indemnity for officers against actions for damages (Sec. 44). In the 2004 KakulaIsland Resort Case, Justice Treston of the Vanuatu Supreme Court awarded a total of almostVt 750 million (around USD 7.5 million) in damages to a developer of a small island touristresort, against the Government and the Deputy Director of the Environment Unit, for trespass,negligence, injurious falsehood, defamation and breach of confidence.29
Page 1 and 2: VANUATUREVIEW OF NATIONAL LANDLEGIS
Page 3 and 4: Table of ContentsAbbreviations…
Page 5 and 6: AttachmentsAttachment 1:Attachment
Page 7 and 8: Executive SummaryThe National Land
Page 9 and 10: 1. INTRODUCTION1.1. The National La
Page 11 and 12: Working under the direction of the
Page 13 and 14: 2.5. Basic needsLand dealings in Va
Page 15: “(2) The consent required under S
Page 18 and 19: participation by ni-Vanuatu nationa
Page 20 and 21: (Sec. 25). In such cases, any money
Page 22 and 23: i. introduced a different formula f
Page 24 and 25: 3.2.5. Urban Lands Act 1993The decl
Page 26 and 27: 4. REVIEW OF THE LAND POLICY AND LE
Page 28 and 29: a) Are appropriate land use and imp
Page 30 and 31: 5.4. Land dispute settlementArticle
Page 32 and 33: c) a number of village and area cou
Page 34 and 35: a) The Act is administered by Provi
Page 38 and 39: Despite the substantial reforms and
Page 40 and 41: To ensure that land disputes are ma
Page 42 and 43: Deconcentration; and,Divestment.The
Page 44 and 45: The need for the preparation of the
Page 46 and 47: 7.12. ZoningLand management activit
Page 48 and 49: VANUATU LAND USE MANAGEMENT AND ADM
Page 50 and 51: 8.4. Time FrameThere are a number o
Page 52 and 53: Attachment 1INTERIM TRANSITIONAL ST
Page 54 and 55: Attachment 1Resolution 7: There mus
Page 56 and 57: Attachment 1EnforcementResolution 1
Page 58 and 59: Attachment 12. The Malvatumauri Nat
Page 60 and 61: Attachment 2INTARIM TRANSISIONAL ST
Page 62 and 63: Attachment 2 Kavman hemi mas pasem
Page 64 and 65: Attachment 2Long-tem strateji1. Mal
Page 66 and 67: Attachment 3Council of Ministers Re
Page 74 and 75: Attachment 5Membership of Steering
Page 76 and 77: Attachment 6C. Land-related legisla
Page 78 and 79: Attachment 7Contents1. INTRODUCTION
Page 80 and 81: Attachment 7without which there wil
Page 82 and 83: 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 102 and 103:
Page 104 and 105:
Page 106 and 107:
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 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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