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

The need for the preparation of the National Land Law to support a number of theresolutions is continually highlighted throughout the proposed actions.The importance of building capacity within the National Council of Chiefs andultimately the Council of Chiefs at each level is emphasised. The Councils of Chiefswill be important in supporting proposed actions such as public awareness, assistingwith strengthening the Customary Land Tribunal Act, demarcation of communityboundaries and supporting legislative development.The proposed actions recognise the importance of building capacity andsustainability within the current land administration structure, especially the DOLSR.This along with legislative drafting will be longer term initiatives.7.2. Fair dealingsThere are many issues to be addressed in the Land Leases Act to ensure there isequity and fairness in land dealings. It is proposed that there be an audit undertakento gain an appreciation of the level of non-compliance in relation to the legislation. Areview of the Land Leases Act would include a review of lease periods, increasedcustom owner involvement in processes, improved compliance and enforcementconditions, effective representation of custom owners in lease negotiations andopen and transparent notification of proposals. Improved public awareness wouldassist in ensuring that land dealings are fair.7.3. Certificate to negotiateA number of issues in relation to approvals to negotiate would be addressed in theNational Land Law. There would also be a focus on improving administrativeprocedures to ensure transparency of all procedures.7.4. Power of the Minister over disputed landThe resolutions have recommended the removal of the Minister’s powers to approveleases over disputed land, and a review of past approvals issued by Minister ofLands. It is also recommended that there be a review of the Minister’s powers inrelation to all other land dealings and approvals. There is a need for thedevelopment of an improved dispute resolution process so as to ensure disputesare resolved before any documentation in relation to leases is submitted.7.5. Strata titleIt is recommended that the moratorium on the use of the Strata Titles Act remain inplace until such time as the amending legislation has been approved by theGovernment. Increased consultation and involvement of the lessor in stratadevelopments is also proposed.7.6. Agents/Middle men or womenThe proposed action is to amend the business licensing laws and look at declaringmiddle men/women as a reserved occupation under the Foreign Investment Act.36