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

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Attachment 76.4. Overlap and Duplication of ResponsibilitiesA number of units within different agencies would appear to have adopted verysimilar responsibilities and undertake similar activities. For example localgovernment would appear to be undertaking similar roles in some areas to theMinistry of Lands and Natural Resources in areas such as dispute settlement,control of land activities through public awareness and to promote transparency inrelation to land leases. However it is noticeable that there is a general lack ofmention of enforcement. As a result of an overlap of responsibilities it would appearthat local government is failing to address the land management issues that shouldbe their responsibility, such as zoning plans, development controls and managingorderly development.6.5. Physical Planning and Zoning IssuesLimited capacity, reduced staffing, outdated legislation and limited enforcementpowers in both provincial government and the Physical Planning Unit has resulted inmany developments being undertaken in Vanuatu, especially on Efate, which haveno planning controls, are impacting on customary activities and impacting on theenvironment. It was noted during the National Land Summit that failure to addressphysical planning issues is one of the causes for the deterioration of sustainableland management in Vanuatu. There is an urgent need for a number of activitiesassociated with physical planning to be addressed, and these include: Review of the zoning for Port Vila and Luganville, new zoning maps to beproduced and provided legal support; All legislation associated with physical planning, including the PhysicalPlanning Act and the Foreshore Development Act to be reviewed; More active participation of local government and the Physical PlanningUnit in the approval process for leases and subdivisions; Clarification of roles and responsibilities for planning activities; Increased staff numbers and improved enforcement powers.Capacity building for urban planning and management needs to take place atcentral government and municipality/provincial government. Roles and responsibilities of the Physical Planning Unit andmunicipalities/provincial government need to be reviewed and revised toavoid duplication and delegation of inappropriate responsibilities. Internal organisation of the Physical Planning Unit andmunicipalities/provinces and their internal relationships needs to bereviewed and revised.Staff of the Physical Planning Unit and municipalities/provinces involvedin urban planning activities need to receive appropriate training.
Attachment 8ACTION MATRIXbased on Resolutions from the National Land Summit, 2006Res.NoResolution Administration/Policy/LegislationActions to be UndertakenLand Ownership1 The Government to make laws thatprovide that all land in Vanuatu is ownedby groups (tribes, clans, or families). Not one person (individual) is owner ofany traditionally owned (kastom) land. Members of (kastom) traditional owninggroup (male and female) must beinvolved in the decision-making abouttheir land.2 The Government must implement andreview the existing laws that determinewho are kastom owners of land (egCustomary Lands Tribunal Act andChiefs’ Laws). The Government, ProvincialGovernments and Malvatumauri NationalCouncil of Chiefs must assist the peopleto document traditional (kastom) landpolicies (Kastomary Land Laws) in eachvillages, areas or islands in Vanuatu.PolicyLegislation Clarify policy in consultation with National Council ofChiefs. In accordance with Article 76 of the Constitution aNational Land Law must be drafted. As above. As above.Legislation The Customary Land Tribunal Act to be reviewedand amended where necessary. (Possible support from NZAID)Administration Design and implement a land recording system.1
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VANUATUREVIEW OF NATIONAL LANDLEGIS
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Table of ContentsAbbreviations…
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AttachmentsAttachment 1:Attachment
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Executive SummaryThe National Land
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1. INTRODUCTION1.1. The National La
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Working under the direction of the
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2.5. Basic needsLand dealings in Va
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“(2) The consent required under S
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participation by ni-Vanuatu nationa
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(Sec. 25). In such cases, any money
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i. introduced a different formula f
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3.2.5. Urban Lands Act 1993The decl
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4. REVIEW OF THE LAND POLICY AND LE
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a) Are appropriate land use and imp
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5.4. Land dispute settlementArticle
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c) a number of village and area cou
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a) The Act is administered by Provi
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Problems have arisen when custom ow
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Despite the substantial reforms and
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To ensure that land disputes are ma
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Deconcentration; and,Divestment.The
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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
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 98 and 99: Attachment 8Res.NoResolution Admini
Page 100 and 101: Res.NoResolution Administration/ Ac
Page 108 and 109: Attachment 9c) A Part covering deal
Page 110 and 111: Attachment 9considered by the Counc
Page 112 and 113: Attachment 9reviewing the present l
Page 114 and 115: Attachment 10VANUATU LAND USE MANAG
Page 116 and 117: Attachment 10In valuation there are
Page 118 and 119: Attachment 10the Secretary of the M
Page 120 and 121: Attachment 10which extend below the
Page 122 and 123: Attachment 10Short Term Initiatives
Page 124 and 125: Attachment 11Scoping Notes for Shor
Page 126 and 127: Attachment 11an improved understand
Page 128 and 129: Attachment 11It is proposed that th
Page 130 and 131: Attachment 113. Develop a methodolo
Page 132 and 133: Attachment 11particularly under the
Page 134 and 135: Attachment 11Institutional arrangem
Page 136 and 137: 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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