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Land (Ownership of Freeholds) Regulation 1977

This reprint of this Statutory Instrument incorporates all amendments, if any, made before25 November 2006 and in force at  1 July 2001.

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Legislative Counsel
Dated 25 November 2006

INDEPENDENT STATE OF PAPUA NEW GUINEA.

Chapter 359.

Land (Ownership of Freeholds) Regulation 1977

ARRANGEMENT OF SECTIONS.

Land (Ownership of Freeholds) Regulation 1977

MADE under the Land (Ownership of Freeholds) Act 1976.

Dated                   200 .

1. INTERPRETATION.

In this Regulation, unless the contrary intention appears “the Registrar” means the Registrar of Titles as defined in the Land Act 1996.

2. APPLICATION FOR CONVERSION.

(1) An application by the owner of any freehold land or the holder of any frustrated right for the grant of a substitute lease in substitution for his freehold interest or frustrated right, as the case may be, shall be in Form 1.

(2) Where an application under Subsection (1) is lodged by the owner of a frustrated right, he shall attach a copy of the document by which he claims to be the holder of that frustrated right.

3. DEALING WITH APPLICATION.

(1) The Minister shall, on receipt of an application under Section 2–

(a) by written notice advise each person noted in the application, having an interest in the land the subject of the application, and require that person to state any objection to or make any representation concerning the application to the Minister in writing within 28 days of the receipt of the notice; and

(b) advertise in a newspaper circulating in the area where the land the subject of the application is situated, that the application has been received and invite any person having an interest in the land to make written representation to the Minister within 28 days of the date of publication of the advertisement.

(2) The Minister shall, after considering any objection or representation made under Subsection (1) notify the person making an objection or representation (if any) whether–

(a) the objection or representation is to be–

(i) considered; or

(ii) rejected; or

(b) he requires further information concerning the objection or representation.

4. ACCEPTANCE OF OFFER.

The person to whom notice of a proposal to approve an application is given may accept the proposal in Form 2.

5. OBJECTIONS.

A notice of objection to–

(a) a proposal to grant or refuse an application; or

(b) conditions to which a proposal is subject,

shall be by Notice of Motion to the National Court filed within 28 days of receipt of a notice under Section 18 of the Act.

6. WITHDRAWAL OF PROPOSAL OR ACCEPTANCE.

(1) The Minister may, by written notice to the applicant, withdraw his proposal within 28 days of the receipt of an order by the National Court under Section 20(2)(c) of the Act.

(2) The applicant may, by written notice to the Minister, withdraw his acceptance of the proposal within 28 days of receipt of notice of an order by the National Court under Section 20(2)(c) of the Act.

7. LEASE.

(1) A substitute lease granted in accordance with a proposal shall be in Form 3.

(2) The lessee to whom a substitute lease is granted shall be deemed to have executed the lease on the date of publication of the relevant notice under Section 22 of the Act.

8. REGISTRATION.

(1) On publication of the notice under Section 22 of the Act, the Minister shall forward particulars of the notice and the substitute lease to the Registrar.

(2) On receipt of the notice and particulars under Subsection (1), the Registrar shall–

(a) note on the document evidencing the freehold interest or frustrated right an endorsement showing that the land is vested absolutely in the State, subject to the substitute lease; and

(b) enter the substitute lease in the Register of State Leases; and

(c) note on the substitute lease all other rights, titles, interests in, over or in connection with the land by appropriate endorsement.

9. SERVICE OF NOTICES.

(1) Subject to this section, where, under this Regulation a notice is required or permitted to be given to or served on a person (other than a corporation), the notice shall be given or served personally or by registered post to the last postal address of that person known to the Minister.

(2) Where it is impracticable to serve a person in accordance with Subsection (1), or the Minister has cause to believe that that person is dead, it shall be sufficient service if a copy of the notice–

(a) is published in three consecutive issues of a newspaper that is distributed regularly throughout Papua New Guinea; and

(b) is forwarded by pre-paid post to the Local-level Government (if any)–

(i) in whose area the land the subject of the notice is situate; or

(ii) in whose area the person to be served last resided to the knowledge of the Minister; and

(c) is placed in a conspicuous place on the land the subject of the notice.

(3) Where, under this Regulation, a notice is required or permitted to be given to or served on a corporation, the notice may be given or served by registered post to the last postal address of that corporation known to the Minister.

SCHEDULE 1

PAPUA NEW GUINEA.

Land (Ownership of Freeholds) Act 1976.

Form 1 – APPLICATION FOR SUBSTITUTE LEASE.

Act, Sec. 17. Form 1.Reg., Sec. 2.

PAPUA NEW GUINEA.

Land (Ownership of Freeholds) Act 1976.

Form 2 – NOTICE OF ACCEPTANCE.

Act, Sec. 19. Form 2.Reg., Sec. 4.

PAPUA NEW GUINEA.

Land (Ownership of Freeholds) Act 1976.

Form 3 – LEASE.

Act, Sec. 22. Form 3.Reg, Sec. 7.

Office of Legislative Counsel, PNG