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

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Attachment 1EnforcementResolution 17:The Government must:Zoning1. Enforce every physical planning, Environmental Protection and PublicAccess Laws; and2. Support custom owners to enforce these conditions such as planning,environment and public access.Resolution 18: There is a need for the Government to strengthen the Physical Planning andZoning laws; andThe Government must consider giving more powers to the LandManagement and Planning Committee (LMPC) through law.Resolution 19: There must be a National Subdivision Policy, Provincial Development Planand Area Land Use policy.AwarenessResolution 20: The Environment Unit must help the people (Chiefs, Schools, men andwomen) to raise their awareness about:1. Sustainable development; and2. Environmental protection.To carry out these resolutions, there is a big need to put in place a clear interimtransitional strategy to guide the works after the Summit until the time when alldetailed work finishes and full implementation of the resolutions comes into fullforce. This small report provides us the short-term transitional strategy and sets outsome major work that the Ministry (of Lands) and other Ministries and agenciesneed to do.5
Attachment 1INTERIM TRANSITIONAL IMPLEMENTATION STRATEGYTemporary MoratoriumSub-divisions Any application for new subdivisions that have not come through theDepartment and the Ministry for approval before the Summit took place, aretemporarily suspended until further notice.Surrender of Existing Agricultural Leases Any application to surrender existing agricultural leases into residentialleases for subdivisions are temporarily suspended until further notice.Power of the Minister when Land is Disputed The Minister’s power which is used when land is disputed is temporarilysuspended until further notice. The Minister can only use that power in casesof public interest, such as airports, wharfs, and other public utilities.Temporary administrative measuresLand ownership1. Advertise kastom owner forms at public places such as Provincialheadquarters, schools, nakamals, community halls, and other places to giveopportunity to the public to access them.2. Kastom owner form must be considered through a proper village meeting.3. That village meeting must have proper minutes to be attached to the kastomowner form when you return it to the Department of Lands.4. If the nakamal (village meeting) finds that there is a dispute over that land,the dispute goes directly to the chiefs or tribunal to resolve the ownershipissue before any application can be submitted to the Department of Lands.5. Any land that the village meeting refers to the chiefs or Land Tribunal, theMinistry of Lands through the Department of Lands must know about.How to Find/Determine who is Land OwnerShort-term strategy1. The Malvatumauri National Council of Chiefs, Cultural Centre, andProvinces need to work with communities to deal with any leaseapplication in accordance with the steps set out in the kastom owner form.6
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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 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 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 106 and 107:
Attachment 8Res.NoResolution Admini
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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
Page 122 and 123:
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
Page 130 and 131:
Attachment 113. Develop a methodolo
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Attachment 11particularly under the
Page 134 and 135:
Attachment 11Institutional arrangem
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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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