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Banaba Lands (Special Provisions) Act 1988

REPUBLIC OF KIRIBATI
(No. 7 of 1988)

I assent,

I. Tito

Beretitenti

14/6/88

AN ACT TO PROVIDE FOR THE TRANSFER OF ANY RIGHT OVER
OR INTEREST IN ANY LAND IN BANABA ACQUIRED BY THE
REPUBLIC OR ANY OTHER AUTHORITY FOR PHOSPHATE EXTRACTION TO ANY BANABAN FROM WHOM ANY SUCH RIGHT OR INTEREST WAS ACQUIRED

Commencement: 14/06/88

MADE by the Maneaba ni Maungatabu and assented to by the Beretitenti.

Short title

1. (1) This Act may be cited as the Banaba Lands (Special Provisions) Act 1988.

Reversion of lands acquired for phosphate extraction to owners

2. Pursuant to section 119(2) of the Constitution any right over or interest in land in Banaba acquired by -

(a) the Republic from any Banaban for the purpose of phosphate extraction; or

(b) any other authority before Independence Day from any Banaban for the purpose of phosphate extraction,

is hereby transferred to the Banaban from whom it was acquired or to his heirs and successors without any further assurance.

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BANABA LANDS (SPECIAL PROVISIONS) ACT 1988

EXPLANATORY MEMORANDUM

The object of this Act is to give effect to the provisions of Section 119(2) of the Constitution.

The said section enjoins the Republic of Kiribati to transfer any right over, or interest in, any land acquired in Banaba from any Banaban for the purpose of phosphate extraction (either by the Republic or by any other authority before Independence Day) to the Banaban from whom it was acquired or to his heirs or successors upon the completion of phosphate extraction from that land.

It is now clear that phosphate extraction as contemplated by section 119(2) of the Constitution has been completed. Hence the need for this proposed law.

Michael N. Takabwebwe
Attorney General