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

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Despite the substantial reforms and restructuring that have occurred since 1997Vanuatu has not been able to realise its full development potential. “There havebeen many reasons for this relatively poor performance. Chief amongst these hasbeen that generally poor standards of governance remain at all levels of the publicservice, despite the improvements that have been made since the CRP. Weakinstitutions and poor standards of governance have been widely recognised withinVanuatu as critical factors in constraining development” 35 .The document goes further in outlining what measures need to be taken to achievesustainable economic growth. “To achieve sustainable economic growth anddevelopment Vanuatu must adopt an innovative policy making process. It must alsobe open to a continuing adoption of the economic and structural reforms needed toovercome the weaknesses in its economy. Outward looking, private sector focusedstrategies that will both broaden and deepen the economic base of the nation mustcontinue to be embraced. Governance standards need to be raised and a moreservice and customer–oriented approach needs to be adopted by the public serviceto its dealings with the public and particularly with potential investors” 36 .6.1. Land Use Management and Land AdministrationIn most countries, responsibility for land use management and land administrationmatters are spread between a number of different government agencies and thesituation in Vanuatu is no different. However with such a split, there is need for aclear delineation of responsibilities and clearly defined administrative procedures,without which there will be confusion and a high probability that administrative,management and enforcement activities will not be undertaken.The National Land Summit, in approving the 20 resolutions, has highlighted seriouspublic concern over the management and administration of land matters in Vanuatu.There is ineffective regulation of land dealings, failure by the Government to protectthe interests of the public and customary owners, poor or non-existent enforcementof regulations, incorrect interpretation of government legislation and a lack ofdefined responsibilities for numerous administrative activities that should beundertaken to ensure adequate and appropriate management and administration ofland. This is all exacerbated by a lack of public awareness of property rights.In Vanuatu there are a number of ministries and organisations responsible for themanagement and administration of land matters, and these include:Ministry of Lands and Natural Resources Department of Lands, Survey and Records which includes,surveying, land registration, land valuation, land use planning andcustomary lands unit Environment UnitMinistry of Internal Affairs35 Priorities and Action Agenda 2006-2015, ‘An Educated, Healthy and Wealthy Vanuatu’,Ministry of Finance and Economic Management, Government of Vanuatu, June 2006, p 3.36 Ibid p 5.30
Department of Provincial Affairs Physical Planning Unit National Council of ChiefsThe key agency responsible for the administration of land activities in Vanuatu is theDepartment of Lands, Survey and Records (DOLSR) under the Ministry of Landsand Natural Resources. The Ministry in the Corporate Plan 2006-2008 details itsVision, Mission and Values and summaries the strategic issues and the role andresponsibility of each of the 5 strategic areas of responsibility under its control.The Vision Statement is:Our vision is to establish an appropriate framework to promote thesustainable development of the nation’s natural resources for the social,environmental and economic well-being of the people of Vanuatu.The strategic issues identified in the Corporate Plan that relate specifically to theland administration functions are:Solving land disputes and promoting effective dealings in the land sectorto facilitate economic and social development;Improvement in current rating and taxing systems to encouragecompliance, equity and transparency.The roles and responsibilities of the land related functions are detailed as follows:Legislation and policyLand dispute resolutionFormulation of land use plans to guide developmentUpgrade and enhance the Information Technology CentreFacilitate land lease arrangementsEfficient execution of land leases and related consentsRegistration of leasesUpkeep of records in land dealingsRegistration of customary landLand valuationLease dispute arbitration.In the 2007 Portfolio Budget Submission 37 it is noted that the overall objectives ofthe Department of Lands are:To provide high quality survey and mapping services;To plan for the use of land at the national, regional and local levels toachieve sustainable development and protect the rights of landowners;To provide high quality lease management and registry services;37 Ministry of Lands, Geology and Mines 2007 Portfolio Budget Submission (note that it is notreferred to as the Ministry of Lands and Natural Resources)31
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 36 and 37: Problems have arisen when custom ow
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
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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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Attachment 76.4. Overlap and Duplic
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Attachment 8Res.NoResolution Admini
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Res.NoResolution Administration/ Ac
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Attachment 9c) A Part covering deal
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Attachment 9considered by the Counc
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Attachment 9reviewing the present l
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Attachment 10VANUATU LAND USE MANAG
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Attachment 10In valuation there are
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Attachment 10the Secretary of the M
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Attachment 10which extend below the
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Attachment 10Short Term Initiatives
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Attachment 11Scoping Notes for Shor
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Attachment 11an improved understand
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Attachment 11It is proposed that th
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Attachment 113. Develop a methodolo
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Attachment 11particularly under the
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Attachment 11Institutional arrangem
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Attachment 11The Foreshore Developm
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Attachment 11 Operating within a fo
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Attachment 11Institutional arrangem
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Attachment 12Date Personnel Intervi
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Attachment 12Date Personnel Intervi
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Attachment 13Purpose and Objectives
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Vanuatu Review of National Land Legislation, Policy and ... - AusAID

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