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

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should be their responsibility, such as zoning plans, development controls <strong>and</strong>managing orderly development.6.2.4. Municipal <strong>and</strong> Provincial GovernmentCapacity building for urban planning <strong>and</strong> management needs to take place atcentral government <strong>and</strong> municipality/provincial government. Roles <strong>and</strong> responsibilities <strong>of</strong> the Physical Planning Unit <strong>and</strong>municipalities/provincial government need to be reviewed <strong>and</strong> revised toavoid duplication <strong>and</strong> delegation <strong>of</strong> inappropriate responsibilities. Internal organisation <strong>of</strong> the Physical Planning Unit <strong>and</strong>municipalities/provinces <strong>and</strong> their internal relationships needs to bereviewed <strong>and</strong> revised.Staff <strong>of</strong> the Physical Planning Unit <strong>and</strong> municipalities/provinces involvedin urban planning activities need to receive appropriate training.7. REFORMS NECESSARY TO IMPLEMENT THE NATIONALLAND SUMMIT RESOLUTIONS - ACTION MATRIXThe resolutions adopted by the <strong>National</strong> <strong>L<strong>and</strong></strong> Summit cover a broad range <strong>of</strong> l<strong>and</strong>issues. The Council <strong>of</strong> Ministers has shown a commitment to progress theresolutions by appointing the Steering Committee to manage <strong>and</strong> provide oversightfor the preparation <strong>of</strong> a proposal to be submitted to the Government.The <strong>National</strong> <strong>L<strong>and</strong></strong> Summit resolutions have been adopted <strong>and</strong> used as a basis forthe preparation <strong>of</strong> an action matrix which summaries the actions that need to betaken to address each <strong>of</strong> the resolutions <strong>and</strong> provides an indication <strong>of</strong> whetherpolicy, legislative or administrative reform is required. See Attachment 8 for theAction Matrix. Attachment 9 gives an indication <strong>of</strong> the legislative reforms whichcould be needed to implement the resolutions.The action matrix does not provided detail on all the actions that need to beundertaken but highlights what are considered to be the main actions. As anexample administrative reforms, capacity building <strong>and</strong> developing sustainability areactions required to support most <strong>of</strong> the resolutions but these have not been includedin the action matrix as they will need to be part <strong>of</strong> an overall package <strong>of</strong> support thatneeds to be provided in developing the l<strong>and</strong> administration functions in <strong>Vanuatu</strong>.The following is a summary <strong>of</strong> the key actions that are covered in the Action Matrixunder each <strong>of</strong> the categories in the resolutions.7.1. <strong>L<strong>and</strong></strong> OwnershipThere continues to be much confusion in relation to the interpretation <strong>of</strong> Article 73 <strong>of</strong>the Constitution <strong>and</strong> the term “custom owner” <strong>and</strong> the intent <strong>of</strong> the constitution. Thisneeds to be clarified <strong>and</strong> would be done so in a <strong>National</strong> <strong>L<strong>and</strong></strong> Law which has beenallowed for under Article 76 <strong>of</strong> the Constitution but which has never been drafted.35

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