This Act amends the Land Leases Act [CAP 163] in relation with various matters including; information to be provided to the Director; registration of leases; and payment for leases.
This Act makes various minor amendments to the Land Reform Act including the definition of the Council of Ministers and the Environmental Management and Conservation Act. Other amendments concern registration of leases after negotiation and approval of the registration of a subdivision or change of lease type.
Amends: Land Reform Act (Cap. 123). (1988)
This Act applies to physical planning within a Physical Planning Area declared as such by a Municipal Council or Local Government Council. In declaring an area to be a Physical Planning Area, a Council may in its absolute discretion decide that one or more of the types of development specified in Schedule I shall not require permission for development, and it shall specify those types of development in the declaration. Whenever a council declares an area to be a Physical Planning Area it shall prepare a plan of that area.
This Act makes provision for the registration of alienators having the right to negotiate negotiation of alienation of land of custom owners and the registration of mortgages on alienated land. Furthermore the Act provides for various matters relative to negotiation of land and consequences of alienation. Notwithstanding the provisions of the Land Reform Act, Cap. 123, the Minister shall cause a register of alienators to be kept (sect. 2) and if the Minister is satisfied that an applicant under section 3 is an alienator he shall register him as such in the Register.
There shall be maintained in Port Vila a Land Records Office in which shall be kept a register to be known as the Land Leases Register. A Director of Land Records shall be appointed under section 3. The Director shall prepare a survey plan for each parcel of land in accordance with section 10. Effects of registration are defined in section 14 and following. Section 27 defines the priority of registered instruments. Subject to the provisions of this Act (sections 32 to 50) and of any other law, the owner of land may lease the land or part of it to any person for a definite term.
This Act strengthens the legal framework concerning title to custom land and concerns management of custom land by customary institutions. It formalizes the recognition of customary institutions termed ‘nakamals’ and ‘custom area land tribunals’ to determine the rules of custom which form the basis of ownership and use of land in Vanuatu. In general the Act aims at holding of custom land by owners as a group. Custom land means land owned or occupied, or land in which an interest is held, by one or more persons in accordance with the rules of custom.
This Act amends the Land Leases Act in the Schedule by deleting "6%" (wherever occurring) and substituting "5%". The Schedule prescribes registration fees for purposes of the Act.
Amends: Land Leases Act (Cap. 163). (1988)
“Director” now means the Director of the department responsible for land" (sect. 1). Section 3, here repealed, concerned the appointment of the Director of Land Records. Consequentially, a reference in any other Act or instrument to the Director of Lands Records shall be to be a reference to the Director of the department responsible for land. The new section 32B empowers the Minister to extend the term of a lease of public land that is less than 75 years to 75 years, subject to fulfilment of certain conditions.
Amendments of the principal Act are made by this Act in relation to: definitions (sect. 1 of the principal Act), the Land Leases Register (sects. 2,4), registered leases and freehold titles in estates in the framework of the coming into force of the Freehold Titles Act No. 13 of 1994 (sects. 8, 13, 14, 15, 22, 30, 51, 52, 54, 56, 57, 59, 60, 66, 67, 69, 71, 72, 76, 91 and 107). Section 12A provides that the Director may combine or subdivide freehold estates in specified cases.
This Act amends the Land Reform Act by addition of provisions (replacing sections 6,7 and 8) concerning, among other things; the certification of negotiator of land rights or land disputes of custom land owners; the identification of custom owners or disputing groups by the National Coordinator; consultation with the custom owners; procedures of the negotiation process including a custom owners’ consultation report; consent to a negotiated lease; notification of intention to register lease instrument; appointment of the Land Ombudsman; lodging of complaints with the Land Ombudsman; function
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