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

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Attachment 72.3.2. Enforcement Unit (<strong>L<strong>and</strong></strong> Dispute Management)The role <strong>of</strong> the Enforcement Unit is to deal with compliance matters <strong>and</strong> addresscases where there are breaches <strong>of</strong> lease conditions.The Enforcement Unit presently has a staff <strong>of</strong> 1 <strong>of</strong>ficial. This person is expected tooversee compliance on a large number <strong>of</strong> l<strong>and</strong> matters in the Ministry <strong>of</strong> <strong>L<strong>and</strong></strong>s.Enforcement, or the lack <strong>of</strong> it, is a major issue in relation to the control <strong>of</strong>development activities in <strong>Vanuatu</strong>. It is clear that one staff member is insufficient toundertake a compliance <strong>and</strong> enforcement role in relation to l<strong>and</strong> matters <strong>and</strong> as aresult many enforcement issues remain unaddressed or are never identified.2.3.3. Valuation UnitThe Valuation Unit provides, upon request, the valuation <strong>of</strong> property for the purpose<strong>of</strong> l<strong>and</strong> rent, compensation for properties, sale <strong>of</strong> properties <strong>and</strong> for statutorypurposes. It also provides assessment <strong>of</strong> rates for taxing purposes especially forthe two municipalities.There are many issues that need to be addressed in the <strong>L<strong>and</strong></strong> Registry Office, most<strong>of</strong> which are common to l<strong>and</strong> registration agencies that are under staffed <strong>and</strong> underfunded. As well as the administrative <strong>and</strong> procedural issues there is also the issue<strong>of</strong> document storage <strong>and</strong> preservation <strong>of</strong> records. There is no backup system forany <strong>of</strong> the l<strong>and</strong> records – leases, mortgages etc. which means that if there is a fireor a natural disaster that has an impact on the registry <strong>of</strong>fice building then there is avery good chance that many if not all the l<strong>and</strong> records will be destroyed.2.3.4. <strong>L<strong>and</strong></strong> Tribunal OfficeThe objectives <strong>of</strong> the <strong>L<strong>and</strong></strong> Tribunal Office are: To survey <strong>and</strong> register customary l<strong>and</strong> boundaries; To register customary l<strong>and</strong>; To resolve l<strong>and</strong> disputes <strong>and</strong> to determine ownership <strong>of</strong> l<strong>and</strong> through out<strong>Vanuatu</strong>; To facilitate villagers <strong>and</strong> chiefs to set up l<strong>and</strong> tribunal courts; To establish l<strong>and</strong> tribunal administration <strong>and</strong> policies.The organisational structure for the DOLSR approved in December 2004 did notinclude approval in the proposed structure to support customary l<strong>and</strong> activities. Astructure for the Customary <strong>L<strong>and</strong></strong>s Unit was approved in March 2006 <strong>and</strong> is shownin Figure 3. It was reported that the current reporting arrangement for the <strong>L<strong>and</strong></strong>Tribunal Office is inappropriate <strong>and</strong> needs to be reviewed.

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