Organic Law on Provincial Governments and Local-level Governments . | Land Portal

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January 0001
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This Act provides with respect to local government in accordance with section 187B of the Constitution, which requires an Organic Law to provide for, or make provision in respect of, the form and the manner of establishment of the Provincial Governments and the Local-level Governments. The system of Provincial Governments established by this Organic Law applies to the government of the National Capital District and the provisions of this Organic Law relating to Provincial Governments apply to the National Capital District. The Law, among other things; establishes a Provincial Government for each province; provides for establishment of Local-level Governments (An Act of the Parliament shall make provision for a system of Local-level Governments for rural and urban communities); provide with respect to administration of provinces, districts and communities; provides for the appointment in each province of an office of Provincial Administrator, and, in each district, an office of District Administrator; requires each Provincial Government and Local-level Government to comply with certain standards and requirements (including the National Goal on Natural Resources and Environment; assigns legislative powers to Provincial Government law and Local-level Governments. All levels of government and governmental bodies shall recognise traditional land rights and other rights and shall ensure that adequate compensation is made for the loss of such rights.The Act also requires a developer of a natural resource (includes minerals, petroleum, gas, marine products, water, timber (including forest products), fauna, flora and any other product determined by law to be a natural resource) to pay determined taxes and benefits. The Act also contains some rules regarding the development and control of natural resources and the registration of land. The wealth generated by lawful exploitation of any natural resources must be equitably distributed by the National Government, the Provincial Governments and Local-level Governments for the benefit of resource owners and all levels of governments.Subject to the Constitution and this Organic Law, legislation on community, urban and rural development, agriculture, fishing and fisheries, trade and industry, rural health, forestry and agro-forestry, renewable and non-renewable natural resources may be made at provincial level. Furthermore, legislation on employment, provision of water supply, improvement of villages, towns, cities and communities, social services, urban planning, licensing, local environment, domestic animals, flora and fauna, and hygiene and sanitation may be made at local level. This Act shall be implemented in accordance with the other Organic Laws, Act or subordinate enactment. Moreover, all provincial laws and local-level laws shall be read and construed subject to this Organic Law and to the other Constitutional Laws.

Implemented by: National Health Administration Act No. 35 of 1997. (1997)
Amended by: Organic Law on Provincial Governments and Local-Level Governments (Amendment) (No. 13) Law 2014. (2014-05-14)

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PacLII stands for the Pacific Islands Legal Information Institute. It is an initiative of the University of the South Pacific School of Law with assistance from AustLII. PacLII is a signatory to the Montreal Declaration on Public Access to Law and participates in the Free Access to Law movement, (FALM) a grouping of a number of world wide organizations committed to publishing and providing access to the law for free.

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