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

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laws and administration. A series of scoping notes are provided for each of the shortterm initiatives to assist the Steering Committee in submitting proposals forassistance. It is also recommended that the Steering Committee appoint asecretariat to support the development and implementation of the proposed shortterm initiatives.The ultimate goal for the Steering Committee is to obtain support for a land reformprogram that will assist in the implementation of the numerous reform measures thatneed to be undertaken to satisfactorily progress the 20 resolution from the NationalLand Summit. Land reform is required in a number of key areas, including legislationand policy, institutional development, land use management and landadministration. The drafting of a National Land Law, as provided for in theConstitution, is a high priority and which must be developed with widespreadconsultation but specifically in consultation with the National Council of Chiefs(Malvatumauri).
1. INTRODUCTION1.1. The National Land SummitIn July 2005, the Vanuatu National Self-Reliance Summit recommended the holdingof a National Land Summit to discuss land issues in relation to national self-reliance.Vanuatu’s first National Land Summit was held from 25-29 September 2006 in PortVila, with the theme of "Sustainable Land Management and Fair Dealings to EnsureProgress with Equity and Stability”. Organised by the Ministry of Lands and theVanuatu Cultural Centre, a series of six Provincial land summits were held in themonths leading up to the National Summit to broadly consult about the definition ofcustomary ownership, fair dealings and the role of Government. The goal of theNational Land Summit was to agree on resolutions on which to form the basis of anew land policy for the next five to ten years.The Vanuatu National Land Summit was a highly successful exercise inparticipatory decision-making, on the most important and sensitive of all subjects -land. The Land Summit provided direction and commitment from variousstakeholders to addressing key issues such as customary land ownership, leaseagreements, physical planning and decentralisation.The Summit concluded with twenty resolutions, categorised under the followingheadings: Land ownership. Fair dealings. Certificate to negotiate. Power of the Minister over disputed land. Strata title. Agents/Middle men or women. Lease rental and premium. Sustainable development. Conditions of lease. Public access. Enforcement. Zoning. Awareness.The twenty resolutions of the National Land Summit have been included in adocument “Interim Transitional Strategy and Future Plans to Implement theResolutions of the National Land Summit 2006” that has been prepared followingthe summit and endorsed by the Council of Ministers. The Interim TransitionalStrategy document is included as Attachment 1 (English version) and Attachment 2(Bislama version). As well as the twenty resolutions, the document:imposed a temporary moratorium on subdivisions, surrendering ofexisting agricultural leases and the power of the Minister when land is indispute;introduced temporary administrative measures; and1
Page 1 and 2: VANUATUREVIEW OF NATIONAL LANDLEGIS
Page 3 and 4: Table of ContentsAbbreviations…
Page 5 and 6: AttachmentsAttachment 1:Attachment
Page 7: Executive SummaryThe National Land
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 56 and 57: Attachment 1EnforcementResolution 1
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Attachment 12. The Malvatumauri Nat
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Attachment 2INTARIM TRANSISIONAL ST
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Attachment 2 Kavman hemi mas pasem
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Attachment 2Long-tem strateji1. Mal
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Attachment 3Council of Ministers Re
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Attachment 5Membership of Steering
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Attachment 6C. Land-related legisla
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Attachment 7Contents1. INTRODUCTION
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Attachment 7without which there wil
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Attachment 7Director GeneralDirecto
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Attachment 7To extend the work of t
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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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