An Ordinance to provide for title and registration of rights in native land.The Act consists of 64 sections divided into 9 Parts: Preliminary (I); Titles to native land (II); Alienation (III); The Land Court (IV); Lands Code (V); Leases (VI); Survey (VII); Penalties (VIII); General (IX).Section 4 concerns indefeasibility of title of native title subject to specified conditions. Subject to the provisions of this Ordinance native land shall not be alienated, whether by sale, gift, lease or otherwise, to a person who is not a native (sect. 5). There is established within the area of authority of each local government council a land court and each court shall have a registrar. A Lands Courts Appeals Panel is established for appeal in first instance on judgements issued by land courts. The court shall hear and adjudicate in accordance with the provisions of the Lands Code or, where the Code is not applicable, the local customary law, all cases concerning land, land boundaries and transfers of titles to native land registered in the registers of native lands and any disputes concerning the possession and utilisation of native land. The court shall adjudicate on all cases brought before it concerning the determination of native customary fishing rights. Part VI concerns approval, registration, transfer, etc. of native leases.
Implemented by: Native Lands Leases Regulations (Cap. 46.20.3) (2008-12-31)
Implemented by: Administration of Native Estates Regulations (Cap. 46.20.4) (2008-12-31)
Implemented by: Native Lands Forms Regulations (Cap. 46.20.5). (2008-12-31)
Implemented by: Tuvalu Lands Code (Cap. 46.20.2). (2008-12-31)
Amended by: Native Lands (Amendment) Act 2005 (No. 7 of 2006). (2006-08-31)
Authors and Publishers
Hupperts, Rudolph (CONSLEGB)
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