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[F.A.Q.]
Vanuatu Consolidated Legislation |
Commencement: 30 July 1980
LAWS OF THE REPUBLIC OF
VANUATU
REVISED EDITION
1988
CHAPTER 123
LAND REFORM
JR 31 of 1980
Act 6 of
1981
Act 17 of 1983
Act 32 of 1985
ARRANGEMENT OF SECTIONS
SECTION
PART
I
Interpretation
1.
Interpretation
PART
II
Encumbrances
2. Encumbrances
PART
III
Alienated Land
3. Entitlement of alienator to
remain on land
4. Referrals to Supreme
Court on identity of alienator
5.
Applications to Islands Court where identity of custom owners in
dispute
PART
IV
Negotiations and Agreements
Relating to Custom Land
6. Certificate of
registered negotiator
7. Void
agreements
PART
V
Management of Land
8. Minister to have
general management and control of certain land
PART
VI
Public Land
9. Vesting of state
land
10. Use of public land by custom
owners
11. Notice by Minister of use
of public land
12. Declaration of land
as public land
13. Right of alienator
to remain in occupation of land
PART
VII
Registered Leases
14. Guarantee of
registered lessee
PART
VIII
Rights of Entry
15. Right of entry of
officials and valuers
PART
IX
Land Corporations
16. Establishment of
corporate bodies by the Minister
PART
X
Roads
17. Public
roads
PART
XI
Use of Force and Damage
18. Prohibition of use of
force
19. Prohibition of damage or
destruction of improvements
PART
XII
Regulations and
Offences
20.
Regulations
21.
Offences
22. Saving and transfer of
mortgages
23. Saving of rights of
lessees and tenants
SCHEDULE-Corporate
Bodies
Part
1-Functions
Part 2-Powers
----------------------------------------
LAND REFORM
To make interim provision for the implementation of Chapter 12 of the Constitution.
PART
I
INTERPRETATION
INTERPRETATION
1.
In this Act unless the context otherwise requires -
"alienator" means a legal or natural person or persons who immediately prior to the Day of Independence and whether or not their rights were registered in the Registry of Land Titles provided for in the Anglo/French Protocol of 1914 -
(a) had freehold or perpetual ownership of land whether alone or jointly with another person or persons; or
(b) had a right to a share in land by inheritance through will or operation of law where no formal transfer of that land had taken place; or
(c) had a life interest in land; or
(d) had a right to land or a share in land at the end of a life interest; or
(e) had a beneficial interest in land:
Provided that –
(i) (a) where there is more than one alienator in respect of a piece of land they shall be included in the expression "the alienator" for the purposes of the provisions of this Act;
(b) one alienator may represent himself and the other alienator or alienators by agreement among them for the purposes of this Act;
(c) the Minister may appoint an alienator to represent his co-alienator or alienators for the purposes of this Act;
(ii) a person shall not be an alienator of land unless -
(a) there is a person in physical occupation of it being an alienator or a licensee, tenant or lessee of an alienator; and
(b) the land and improvements thereon have in the opinion of the Minister been up to the Day of Independence maintained in reasonably good repair and condition; and, where applicable,
(c) rates or taxes due in respect of the land are not in arrears for 6 months or more on the Day of Independence;
(iii) a person shall be an alienator within the meaning of this definition if the Minister is satisfied that he has been unable to satisfy any of the conditions in paragraph (ii) because of the deliberate act or omission of another person or persons;
(iv) a person shall be an alienator within the meaning of this definition if he has been substituted for an alienator with the consent of the Minister in accordance with section 8(2)(a):
“custom owners" means the person or persons who, in the absence of a dispute, the Minister is satisfied are the custom owners of land;
“custom group" means a person or persons who claim custom ownership of disputed land;
"disputed land" means land the ownership of which is claimed by more than one custom group;
"encumbrance" includes a mortgage, a lease, licence to use land for payment, a right of way or any customary or other rights over land not being rights of ownership of that land;
"land" includes improvements thereon or affixed thereto and land under water including land extending to the sea side of any offshore reef but no further;
"the Minister" means the Minister for the time being responsible for land of any Minister acting on his behalf;
"state land" means all land in Vanuatu which on the 1st day of January 1980 was owned in freehold or perpetual ownership by the British Government, the French Government, the Condominium or a Municipality.
PART
II
ENCUMBRANCES
ENCUMBRANCES
2.
Subject to section 22 land shall be held subject to encumbrances created before
or after the coming into operation of this Act.
PART
III
ALIENATED
LAND
ENTITLEMENT
OF ALIENATOR TO REMAIN ON
LAND
3.Every
alienator shall be entitled to remain on land occupied by him on the Day of
Independence until such time as either he enters
into a lease of the land or a
part thereof with the custom owners of the land or receives payment for
improvements to or on that
land:
Provided that where such
land is undeveloped land, an alienator, without prejudice to his right to enter
into a lease of that land,
shall not be entitled to remain on such
land.
REFERRALS
TO SUPREME COURT ON IDENTIFY OF ALIENATOR
4 (1) In any case where there is doubt as to who is an alienator in respect of land or to what proportion of a valuation of improvements an alienator is entitled, the matter shall be referred to the Supreme Court for decision either by an alienator, the custom owners or the Minister.
(2)
A decision of the Supreme Court under subsection (1) shall be final and shall
not be the subject of an appeal to the Court of
Appeal.
(3) The Chief Justice may
make rules of procedure for the purposes of this section.
APPLICATIONS TO ISLAND COURT WHERE IDENTIFY OF CUSTOM OWNERS IN DISPUTE
5.(1)
In any case where there is doubt as to who are the custom owners of land
occupied by an alienator one of the custom groups who
claim the land may apply
to an Island Court established in accordance with section 1 of the Island Courts
Act, Cap. 167 to decide on the ownership of the
land.
(2) Where no claim has been
made to custom ownership of land or the custom groups who dispute ownership have
not made an application
to the Court in accordance with subsection (1) the
Minister may make such application in respect of such land.
PART IV
NEGOTIATIONS AND
AGREEMENTS RELATING TO CUSTOMS LAND
CERTIFICATE OF REGISTERED NEGOTIATOR
6. (1) No alienator or other person may enter into negotiations with any custom owners concerning land unless he applies to the Minister and receives a certificate from the Minister that he is a registered negotiator.
(2)
A certificate issued in accordance with subsection (1) shall -
(a) state the names of the applicant and of the custom owners;
(b) give brief details of the land in respect of which negotiations are registered; and
(c) state the object of the negotiations.
(3) If
negotiations are completed without compliance with subsection (1) the Minister
may refuse to approve the agreement between
the custom owners and the
unregistered negotiator and if he is an alienator may declare the land unsettled
land.
VOID AGREEMENTS
7.
All agreements between persons who are not indigenous citizens and custom owners
relating to land shall be void and unenforceable
in law unless they have been
-
(a) approved by the Minister; and
(b) registered in the Land Records Office.
PART
V
MANAGEMENT OF LAND
MINISTER TO HAVE GENERAL MANAGEMENT AND CONTROL OF CERTAIN LAND
8.
(1) The Minister shall have general management and control over all land
-
(a) occupied by alienators where either there is no approved agreement in accordance with sections 6 or 7 or the ownership is disputed; or
(b) not occupied by an alienator but where ownership is disputed; or
(c) not occupied by an alienator, and which in the opinion of the Minister is inadequately maintained.
(2)
Where the Minister manages and controls land in accordance with subsection (1)
he shall have power to -
(a) consent to a substitution of one alienator for another;
(b) conduct transactions in respect of the land including the granting of leases in the interests of and on behalf of the custom owners;
(c) take all necessary measures to conserve and protect the land on behalf of the custom owners.
PART VI
PUBLIC LAND
VESTING OF STATE LAND
9.
(1) On the Day of Independence all state land shall vest in the Government and
be public land and be held by it for the benefit
of the Republic of Vanuatu and
section 11 shall apply to such of that land as is not included in an Order under
subsection (2) of
this section as if a notice under section 11(l) had been given
by the Minister 6 months before the Day of
Independence.
(2) The Minister, on
the advice of the Council of Ministers, may by Order declare that any land
described in the Order ceases to be
public
land.
(3) In accordance with
Article 81 of the Constitution the Minister may, on the advice of the Council of
Ministers, by Order vest any
public land in indigenous citizens or communities
referred to in the Order for such payment by them and on such terms and
conditions
as may be referred to in the
Order.
(4) When an Order is made
under subsection (3) it shall provide for payment of compensation to the custom
owners by the Government
and the amount of such compensation shall be set out in
the Order.
USE OF PUBLIC LAND BY CUSTOM OWNERS
10.
Until such time as the Government may require to use undeveloped public land for
development or other public purposes the land may
be used by the custom owners
for any purpose except that the consent of the Minister shall be required for
-
(a) the construction of any building;
(b) the planting of any crops not requiring annual replanting; or
(c) any other improvements of a permanent nature.
NOTICE BY MINISTER OF USE OF PUBLIC LAND
11.
(1) The Minister shall give the custom
owners not less than 6 months notice of the intention of the Government to use
public land described
in the notice for development or public
purposes.
(2) The Government shall
agree compensation with the custom owners for the use of the land and loss of
any improvements thereon which,
depending on the nature of the intended use of
the land, may be in the form of -
(a) a lump sum payment which may be paid in instalments over not more than 30 years;
(b) the transfer to them of other public land;
(c) the provision of free services at specially agreed rates by the Government, public utilities or municipalities;
(d) shares in a company established by the Government alone or with other persons for developing the land;
(e) an agreed share of net income received by the Government from the land.
(3) In addition
to the compensation referred to in subsection (2) the Government may give the
custom owners such minority representation
on bodies that may manage the land as
shall be agreed.
(4) If the
Government and the custom owners fail to reach an agreement under subsection (2)
either party may refer the matter to the
Lands Referee for settlement. The
decision of the Lands Referee shall be
final.
(5) The Government may at
any time pay a sum to custom owners in commutation of the custom owners share of
income under subsection
(2)(e).
DECLARATION OF LAND AS PUBLIC LAND
12.
The Minister may at any time on the advice of the Council of Ministers and after
consultation with the custom owners declare any
land to be public
land.
RIGHT OF ALIENATOR TO REMAIN IN OCCUPATION OF LAND
13.
Every alienator occupying public land shall have a right to remain in occupation
of that land from the time it becomes public land
until he enters into a lease
of the land or a part thereof with the Government or he receives payment for
improvements to or on the
land.
PART VII
REGISTERED
LEASES
GUARANTEE OF REGISTERED LESSEE
14. (1) When a lease is registered in a register in the Land Records Office the registration of that lease shall be evidence of the validity of the lease and the details thereof.
(2)
If a person registered as a lessee is proved in a court not to be the lessee and
such person was not registered as a lessee through
fault or fraud on his part he
will be entitled to receive compensation from the Government for any loss
suffered by him as a result
of the finding of the Court.
PART VIII
RIGHTS OF
ENTRY
RIGHT OF ENTRY OF OFFICIALS AND VALUERS
15.
Persons bearing the written authority of the Minister shall have a fight to
enter upon any land occupied by an alienator in order
to carry out the functions
vested in the Minister by section 8.
PART IX
LAND
CORPORATIONS
ESTABLISHMENT OF CORPORATE BODIES BY THE MINISTER
16. (1) The Minister may by Order establish corporate bodies for the better carrying into effect of the purposes of this Act.
(2) A
corporate body established in accordance with subsection (1) may have such of
the functions and powers referred to in the Schedule
as may be set out in the
Order establishing it or an Order amending the
Order.
(3) Subject to subsection
(4), the Minister may delegate any of his duties or functions under this Act to
a corporate body established
under this
section.
(4) The Minister may not
delegate his powers to consent to transactions between custom owners and other
persons.
PART X
ROADS
PUBLIC ROADS
17. (1) Public roads in existence or under construction on the Day of Independence shall vest on that Day in the Government on behalf of the people.
(2) No
person other than the Minister may close a public road or take a toll from
persons using a public road.
PART XI
USE OF FORCE AND
DAMAGE
PROHIBITION OF USE OF FORCE
18.(1) No custom owners or members of a custom group whether or not such persons believe they own such land shall enter on land by force or attempt to eject any persons occupying that land by force.
(2) No
alienator shall use force against custom owners peaceably entering the land
occupied by him.
(3) Any person
who contravenes this section shall be liable on conviction to imprisonment for
10 years or a fine of VT200,000 or to
both.
PROHIBITION OF DAMAGE OR DESTRUCTION OF IMPROVEMENTS
19. (1) No person whether an alienator or custom owner and whether or not he believes himself to be the owner of the improvement shall wilfully damage or destroy any improvement on land without the consent in writing of the Minister.
(2)
A person who contravenes subsection (1) shall be liable on conviction to
imprisonment for 10 years or a fine of VT200,000 or to
both.
PART
XII
REGULATIONS AND OFFENCES
REGULATIONS
20. (1) For the better carrying into effect of this Act the Minister may by Order make regulations not inconsistent with this Act.
(2)
Without derogating from the generality of subsection (1) the Minister in such
regulations may provide -
(a) for anything that may be prescribed;
(b) for fees payable on registering transactions in the Land Records Office;
(c) for the manner of applying to make entries in registers in the Land Records Office;
(d) for the forms to be used for applications under this Act and the fees payable on such applications.
(e) for the occasions when and the manner of carrying out surveys of land.
OFFENCES
21. (1) Any person who obstructs any person in carrying out his duties or functions under this Act commits an offence.
(2)
Any person who commits an offence under this section or contravenes any
provision of this Act shall where no other penalty is
provided be liable on
conviction to a term of imprisonment of 3 years or a fine of VT60,000 or to
both.
SAVING AND TRANSFER OF MORTGAGES
22. (1) Subject to the Constitution and subsections (2) and (3) the rights of mortgagees and other persons who have lent money with land given as security for repayment of the money lent by them shall continue in full force and effect from the Day of Independence.
(2)
When an alienator enters into a lease of land with the custom owners or
Government in accordance with section 3 or 13 any mortgages
entered into by him
at any time prior to the lease in respect of that land shall be deemed to have
been made in respect of that lease
and shall be construed with such adaptations
as shall be necessary.
(3) When an
alienator receives any payment or enters into an agreement to receive any
payment for improvements to or on land in accordance
with sections 3 or 13 the
payment or agreement shall be charged in order of priority with payment of the
amounts due under any mortgages
entered into by him at any time prior to the
payment or the agreement.
SAVING OF RIGHTS OF LESSEES AND TENANTS
23.
The rights and obligations of lessees and tenants subsisting on the Day of
Independence shall remain in full force and effect for
the full term of their
tenancies and leases.
--------------------------------
SCHEDULE
(section 16)
CORPORATE BODIES
PART I
FUNCTIONS
A corporate body formed
under this Act may -
(a) manage land, plantations or residential properties;
(b) act as an agent for the Government or any other body or person;
(c) carry on business as an investment manager;
(d) manage any kind of business enterprise;
(e) engage in any business relating to land including its development for residential, industrial or commercial purposes;
(f) undertake the business of farmers, ranchers, cultivators of timber, sawmillers and timber merchants;
(g) undertake the business of builders or civil engineers;
(h) process any crops grown on land including copra, cocoa and rice.
PART II
POWERS
A corporate body formed
under this Act shall have power for the purpose of carrying out its functions to
-
(a) hold, buy and sell real or personal property including houses for employees of the corporate body;
(b) lease land to or from any person;
(c) sue and be sued in its corporate name;
(d) promote or finance any undertaking;
(e) subject to such specific or general conditions as the Minister may make borrow money by the issue of debentures or in any other manner including overdraft;
(f) lend money and guarantee loans;
(g) establish or participate in any pension schemes for the benefit of its employees and their dependents;
(h) carry out programmes of research;
(i) charge fees;
(j) employ any persons, firms or bodies;
(k) enter into agreements, leases, conveyances or transfer of land on behalf of the Government or any custom owners and a recital in any such agreement, lease, conveyance or transfer that the corporation is acting on behalf of the Government or custom owners as the case may be shall be sufficient to indemnify any other party to such agreement, lease, conveyance or transfer;
(l) invest funds not immediately required for the purposes of its functions in bank deposits and such other investments as may be authorised by the Minister.
(m) such other powers as may be incidental to the above mentioned powers or necessary to enable the corporate body to carry out its functions.
--------------------------------------
SUBSIDIARY
LEGISLATION
LAND REFORM (RURAL ALIENATED LAND) REGULATIONS
Order 9 of 1980
ARRANGEMENT OF REGULATIONS
REGULATION
1. Application
2. Form of certificate of registered negotiator
3. Fees
4. Time
for lodging applications
5. Minister
may extend time
6. Minister may accept applications made out of time
7. Minister may require further and better particulars
8. Verification of particulars in application
9. Applicant to answer truthfully all questions
SCHEDULE
Part
1-Form A-Application for a certificate pursuant to section 6(1) of the
Act
Part 2-Form B-Request for an extension of time to apply for a certificate pursuant to section 6(l) of the Act
Part 3-Fees payable on an application for a certificate pursuant to section 6(l) of the Act.
------------------------------------
SUBSIDIARY
LEGISLATION
LAND REFORM (RURAL ALIENATED LAND) REGULATIONS
To provide for the manner and form of application for a certificate of registered negotiator in respect of rural alienated land and matters connected therewith.
APPLICATION
1.
These Regulations apply with respect to -
(a) land which, on the day these Regulations come into force, is situated outside the municipal boundaries of Port Vila and Luganville; and
(b) land which, on the day these Regulations come into force, is situated within the municipal boundaries of Port Vila and Luganville, but is subsequently excluded from the said municipal boundaries.
FORM OF CERTIFICATE OF REGISTERED NEGOTIATOR
2.
With respect to such land as specified in regulation 1, an application for a
Certificate of Registered Negotiator under section
6(1) of the Land Reform Act,
Cap. 123 shall be in Form A contained in Part 1 of the Schedule.
FEES
3.
The fee payable on an application form shall be as set out in Part 3 of the
Schedule.
TIME FOR LODGING APPLICATIONS
4.
Subject to regulations 5 and 6, an application supported by some evidence of
payment of the prescribed fee shall be lodged with
the Minister -
(a) with respect to land described in regulation l(a), within 3 months of the day these Regulations come into force; and
(b) with respect to land described in regulation l(b), within 3 months of the declaration that the land is excluded from a municipal boundary.
MINISTER MAY EXTEND TIME
5. (1) The Minister may, on request by a person intending to apply under these Regulations, extend the time prescribed in regulation 4 for a further 3 months.
(2) A
request for an extension of time shall be in Form B contained in Part 2 of the
Schedule.
MINISTER MAY ACCEPT APPLICATIONS MADE OUT OF TIME
6. (1) Subject to sub-regulation (4), the Minister may, if he is satisfied that reasonable cause has been shown, accept an application made out of time.
(2) An
application made out of time shall be supported by a statement giving the
applicant's reasons for applying out of
time.
(3) The Minister may place
such terms or conditions on acceptance of a late application as he thinks
fit.
(4) A late application with
respect to a parcel or parcels of land may not be accepted if the Minister has
already given a Certificate
under section 6(1) of the Land Reform Act, Cap. 123
in relation to such parcel or parcels of land.
MINISTER MAY REQUIRE FURTHER AND BETTER PARTICULARS
7.
The Minister may with respect to any matter contained in an application, require
the applicant to appear before him for an interview,
or to provide further or
better particulars, including supporting documentary evidence.
VERIFICATION OF PARTICULARS IN APPLICATION
8.
A person authorised in writing by the Minister may, for the purpose of
establishing the accuracy or otherwise of statements made
in an application
-
(a) enter upon the land the subject of the application with such persons, vehicles and things as he thinks fit;
(b) inspect the land and any improvements, produce, plant and equipment on the land; and
(c) examine and record the details of any accounts, records, documents and papers relating in any way to the land or any improvements, plant or equipment on the land, or produce from the land.
APPLICANT TO ANSWER TRUTHFULLY ALL QUESTIONS
9.
Failure by an applicant to respond truthfully and to the best of the applicant's
ability to questions and matters of fact raised
in Form A shall render the
application invalid.
------------------------------------
SCHEDULE
(regulation 2)
Part 1
FORM A
REPUBLIC OF
VANUATU
Land Reform Act, Cap.
123
APPLICATION FOR A CERTIFICATE PURSUANT TO
SECTION 6(1)
OF THE ACT
Section
A. Questions relating to the applicant
1. Full name of applicant: ............................................................................................
2. Applicant's postal address in Vanuatu: ...................................................................
....................................................................................................................
3. (a) In the case of a
natural person;
(i) applicant's place and date of birth: .......................................................
..................................................................................................................
(ii) applicant's nationality: ........................................................................
(iii) applicant's country of residence: .........................................................
(iv) applicant's occupation: ........................................................................
(v) what is your residential status in Vanuatu? ..........................................
(vi) is there any legal impediment on your ability to enter Vanuatu? (if so, give details):
..........................................................................................................................................................................................................................................
(b) In the case of a corporation;
(i) applicant's country of incorporation: .......................................................
(ii) applicant's business: ...............................................................................
(iii) applicant's principal place of business: ..................................................
----------------------------------------------------------------------------------------------------------
Section B. Questions relating to the land
Instructions:
The applicant should submit a separate application with respect to each separate
parcel of land for which the applicant wishes to
apply. If parcels of land the
subject of the application physically adjoin, then a single application may
embrace all such adjoining
parcels. If, however, the applicant wishes to make
application with respect to parcels of land which do not adjoin, then separate
applications should be submitted with respect to each non-adjoining parcel. The
applicant is invited to indicate the land the subject
of the application by
attaching to the application a map showing boundaries,
etc.
4. Name of the land the
subject of the application:
.......................................................
............................................................................................................................
5.
Location of the land, being -
District: ...................................................................................................................
Island: ......................................................................................................................
6. Official description of
the land, being -
Registered title number(s): .......................................................................................
Plan number(s): ........................................................................................................
Other descriptions: ...................................................................................................
.................................................................................................................................................................................................................................................................................................................................................................................................
7.
Are you applying for -
(a) all the land the subject of a registered title under paragraph 6?;
......................................................................................................................
(b) part only of the land the subject of a registered title under paragraph 6?; or
.......................................................................................................................
(c) land which is not the subject of a registered title?
......................................................................................................................
(Answer "Yes" to (a), (b) or/and (c), as appropriate.)
----------------------------------------------------------------------------------
Section C. Questions relating to claims with respect to the land
Instructions:
Applications for a Certificate of Registered Negotiator may be made under the
Land Reform Act, Cap. 123 by an alienator or other person. "Alienator" is
defined in section 1 of the Act. The applicant is required to state the
capacity
in which he makes the application, and the details of other claims with respect
to the land.
Details of the applicant's claim
8. Do you claim to be an alienator with respect to the land the subject of the application?
9.
If the answer to paragraph 8 is yes, do you claim that immediately prior to the
Day of Independence, you -
(a) had freehold or perpetual ownership of the land either alone or jointly with another person or persons? ...........................................................................
(b) had a right to a share in the land by inheritance through will or operation of law where no formal transfer of that land had taken place?
..............................................................................................
(c) had a life interest in the land?
.............................................................................................................
(d) had a right to the land or a share in the land at the end of a life interest?
....................................................................................
(e) had some other beneficial interest in the land?
...................................................................................................
(Answer "Yes" to one of (a)-(e), as appropriate).
10.
(a) If you answered "yes" to paragraph 9(a), state -
(i) whether you claim to have had freehold or perpetual ownership alone, or jointly with another person or persons:
........................................................................................................
(ii) if jointly, state the name and address of such other person or persons:
....................................................................................................................
................................................................................................
(b) If you answered "yes" to paragraph 9(e), state the nature of the beneficial interest:
...................................................................................................................
11. (a) If the answer to paragraph 8 is “no”, do you claim to have an interest in the land?
......................................................................................
(b) If so, state the nature of the interest:
..................................................................................................................
Details of any other claims
12. (a) If the answer to paragraph 8 is "yes", do you know of any other person or persons who may claim to be an alienator with respect to the land? ............................................................................................
(b) If so -
(i) state the name, address and nature of the claim of such person or persons:
............................................................................................................
(ii) has there been an agreement between you and such person or persons as to who will be the alienators' representative for the purposes of the Land Reform Act, Cap. 123.
.........................................................................................................
(iii) if so, state the name and address of the alienators' agreed representative:
...........................................................................................................
13.
Do you know of any person (including any non-natural person) who has a mortgage
on the land?
...............................................................................................................................
14.
If the answer to paragraph 13 is "yes", state the nature of the mortgage, the
mortgagee's name and address, and the mortgagor's
name and address:
...................................................................................................................................................................................................................................................................
15.
Do you know of any person (including any non-natural person) who has a lease of
the land or any part thereof?
.........................................................................................................................
16.
If the answer to paragraph 15 is "yes", state the nature and term of the lease,
the name and address of the lessee, and the name
and address of the lessor:
.................................................................................................................................................................................................................................................................
17.
Do you know of any person (including any non-natural person) who has a licence
to use the land or any part thereof for payment?
..............................................................................................................................
18.
If the answer to paragraph 17 is "yes", state the nature of the licence, and the
name and address of the licensee:
.............................................................................................................................................................................................................................................................................
19.
Do you know of any person (including any non-natural person) who has a right of
way on or along or over the land or any part thereof?
................................................................................................................................
20.
If the answer to paragraph 19 is "yes", state the nature of such right of way,
and the name and address of such person:
.............................................................................................................................................................................................................................................................................
21.
Do you know of any customary rights on or over the land or any part thereof
(such customary rights not being rights of ownership
of the land)?
..................................................................................................................
22.
If the answer to paragraph 21 is "yes", state what such rights are:
..................................................................................................................................................................................................................................................................
23.
Do you know of any person (including any non-natural person) who has any other
rights in or over the land or any part thereof
(such rights not being rights of
ownership)?
.........................................................................................
24.
If the answer to paragraph 23 is "yes", state what such rights are, and the name
and address of such person:
....................................................................................................................................
----------------------------------------------------------------------------------------------------
Section D. Questions relating to occupation of the land
25. Are you in actual
physical occupation of the land the subject of the application?
........................................................................................................
26.
If the answer to paragraph 25 is "yes” -
(a) is such occupation over all or part only of the land?
.......................................................................................................
(b) if part only, state which part:
.......................................................................................................................
27.
If the answer to paragraph 25 is "no", is there any other person (including any
non-natural person) in actual physical occupation
of the land?
.................................................................................................................
28. If the answer
to paragraph 27 is "yes" -
(a) is the person in occupation an alienator? (If so, state the name and address of the alienator):
..............................................................................................................................................................................................................................................................
(b) is the person in occupation a licensee? (If so, state the name and address of the licensee, and the name and address of the licensor):
............................................................................................................................................................................................................................................
(c) is the person in occupation a tenant or lessee? (If so, state the name and address of the tenant or lessee, and the name and address of the person from whom the tenancy or lease is held):
...................................................................................................................................................................................................................................................................
29. If the answer to paragraph 27 is "yes" -
(a) is such occupation over all or part only of the land?
....................................................................................................................
(b) if part only, state which part:
.................................................................................................................................................................................................................................
------------------------------------------------------------------------------------------------------------
Section
E. Questions relating to maintenance of the land and improvements on or to the
land
30. What is the area of the
land the subject of the application? .......................
hectares
31. What is the cleared
area?
...........................................................................
hectares
32. What area has been
planted to cash crops? ................................................
hectares
33. With respect to cash
cropping on the land, you are required to answer the following -
(a) Coconuts
(i) what area is planted to coconut? ......................................... hectares
(ii) what is the age of the coconut trees? ................................................
(iii) what was the production-in 1978? .....................................tonnes
-in 1979? ................................. tonnes
(b) Cocoa
(i) what area is planted to cocoa? ............................................ hectares
(ii) what is the age of the cocoa trees? .................................................
(iii) what was the production -in 1978?........................... tonnes
-in 1979? .......................... tonnes
(c) Coffee
(i) what area is planted to coffee? ........................................... hectares
(ii) what is the age of the coffee trees? ..........................
(iii) what was the production - in 1978?..............................tonnes
- in 1979? ................................tonnes
(d) Other cash crops
(i) what area is planted to other cash crops? ........................... hectares
(ii) what are they? .................................................................................
(iii) what was the production - in 1978?....................................tonnes
- in 1979? ..................................... tonnes
34. With respect to animal
husbandry on the land, you are required to answer the following -
(a) Fencing
(i) what area has been fenced to grazing? ................................ hectares
(ii) what is the length of fencing? ........................................ kilometres
(iii) what is the type of fencing? .............................................................
(iv) what is the state of fencing? ..............................................................
(b) Pasture Improvement
(i) what area has been pasture improved? ............................... hectares
(ii) provide details of the type and nature of pasture improvement:
........................................................................................
(c) Stocking
(i) what is the number of cattle?
(Indicate the number of bulls, breeding cows, bullocks, spayed cows, steers, heifers and calves)
..............................................................................................................................................................................................................................................
(ii) what is the nature and number of other commercial stock?
.........................................................................................
(d) Production
(i) what commercial stock was sold - in 1978?........................
- in 1979? ...........................
(e) Water Systems
(i) list the structural improvements for watering or irrigation purposes:
......................................................................................................
35.
List other structural improvements, including –
(a) residences: .....................................................................................................
(b) workers' quarters: ..........................................................................................
(c) crop husbandry and processing facilities:
.................................................................................................................................................................................................................................
(d) animal husbandry and processing facilities:
................................................................................................................................................................................................................................
36. List plant and equipment used in connection with the development of, or production from the land:
.................................................................................................................................................................................................................................................................
------------------------------------------------------------------------------------------------------------
Section F. Development Proposals
In this section you are
asked to state your proposals for development of the land in the event of an
agreement being negotiated with
the custom owners. These should include
-
1. Proposed provision for maintenance of existing cash crops, rehabilitation of plantings, and any replantings or new plantings of cash crops;
2. Proposed provision for maintenance of existing animal stock numbers and any increase in stock numbers;
3. Proposed improvements in connection with crop and animal husbandry and processing of crop and animal production;
4. Proposed or possible sources which might be available for financing development proposals.
----------------------------------------------------------------------------------------------------------
Section G. Participation by Custom Owners
In this section you are
asked to state your views or proposals with respect to participation of the
custom owners in the ownership
and management of the business conducted on the
land, in the event of an agreement being negotiated with the custom
owners.
-----------------------------------------------------------------------------------------------------------
Section H. Application and Declaration
Instructions:
Applicants are required to answer truthfully and to the best of their ability
all questions and matters of fact in Form A. Failure
to answer truthfully and to
the best of the applicant's ability will render the application invalid. Your
attention is drawn to section
21 of the Land Reform Act, Cap.123 which provides
that any person who contravenes any of the provisions of the Act (which includes
these Regulations) will
be liable on conviction to a term of imprisonment or a
fine or both. Applicants must complete the following application and
declaration.
I,
.......................................................... (name)
.............of...............................................
............................................................................(address)
hereby apply for a Certificate of Registered
Negotiator under Section 6(l) of
the Land Reform Act, Cap. 123 and I declare that the statements made by me in
Sections A, B, C, D and E of this form are, to the best of my knowledge
and
ability, complete and
correct.
----------------------------------- ---------------------------------------------------
Date Signature of Applicant
------------------------------------------------------
Signatory's Office
(where the applicant is a corporation).
---------------------------------
(regulation 5)
Part
2
FORM
B
REPUBLIC OF
VANUATU
Land Reform Act, Cap.
123
REQUEST FOR
AN EXTENSION OF TIME TO APPLY FOR
A
CERTIFICATE PURSUANT TO SECTION 6(l) OF THE
ACT
I
........................................................... (name),
of.......................................................
.......
............................................................................................................(address)
hereby request
an extension of time to lodge an application for a Certificate of
Registered Negotiator under Section 6(l) of the Land Reform Act, Cap. 123. The
following information is provided in support of this request.
1. Answer either (a) or (b):
(a) I am a natural person whose nationality ..............................................
and whose country of residence is.........................................
(b) I am a corporation whose country of incorporation is .............................................................................................. and whose principal place of business is ..............................................................
2. My postal address in Vanuatu is ...............................................................................
3. The details of the land in respect of which I intend to lodge an application for a Certificate of Registered Negotiator under section 6(l) of the Act are as follows -
(a) Name of the land: ..........................................................................................
(b) Location of the land, being -
District: .......................................................................................................
Island: ...........................................................................................................
(c) Official description of the land, being -
Registered title number(s): ............................................................................
Plan number(s): .............................................................................................
Other description: ..........................................................................................
.......................................................................................................................
4. My claim with respect to the land or interest in the land is:
...................................................................................................................................................................................................................................................................
5. To the best of my knowledge and belief, the only person or persons (including any non-natural person) who have any other rights in or over the land or any part thereof (such rights not being customary rights of ownership) is/are:
......................................................................................................................................................................................................................................................
--------------------------------- ------------------------------------
Date Signature
of Applicant
-----------------------------------------
Signatory's Office
(where the applicant is a corporation)
---------------------------------
(regulation 3)
Part
3
Land Reform
Act, Cap. 123
FEES PAYABLE ON AN
APPLICATION FOR A
CERTIFICATE PURSUANT
TO SECTION 6(l) OF THE ACT
Area of land the subject
of the application VT
Not
more than 10 hectares
................................................................................ 2,000
More
than 10 and not more than 100 hectares
................................................ 4,000
More
than 100 and not more than 500 hectares
.................................................. 10,000
More
than 500 and not more than 1,000 hectares
.............................................. 20,000
Plus
VT5,000 for every 500 hectares or part thereof over 1,000
hectares.
----------------------------------------
SUBSIDIARY
LEGISLATION
LAND
REFORM (RURAL LAND CORPORATION) REGULATIONS
Order 14 of 1980
ARRANGEMENT OF REGULATIONS
REGULATION
1. Interpretation
2. Establishment
of the Corporation
3. Functions of the Corporation
4. Powers
of the Corporation
5. Delegation of
functions to general manager
6. Composition of the Corporation
7. Allowances
for members
8. Secretary to the
Corporation
9. Meetings of the
Corporation
10. General manager and employees of the Corporation
11. Funds of the Corporation
12. Funds to be held in trust
13. Guarantee of loans
14. Control of borrowing
15. Accounts and audits
16. Annual report
17. Submission of estimates for purpose of grants
18. Contracts
19. Evidence of scaling of documents
20. Previous contracts
21. Minister's
delegation of powers
22. No personal
liability to members or
employees
23. Minister's
directives
-----------------------------------------
SUBSIDIARY
LEGISLATION
LAND REFORM (RURAL
LAND CORPORATION) REGULATIONS
To provide for the establishment of the Rural Land Corporation, for the functions of that Corporation, for that Corporation to have general management and control over certain rural land and for matters connected therewith.
INTERPRETATION
1.
In these Regulations unless the context otherwise requires -
"the Corporation" means the Rural Land Corporation established under regulation 2;
"financial year" means the financial year of the Corporation which shall be the same as that of the government financial year;
"Minister" means the Minister for the time being responsible for land or any Minister acting on his behalf.
ESTABLISHMENT OF THE CORPORATION
2. (1) There is hereby established a body corporate to be known as the Rural Land Corporation.
(2)
The Corporation shall have perpetual succession and a common seal and may sue
and be sued in its Corporate name.
FUNCTIONS OF THE CORPORATION
3. The
Corporation may exercise any of the following functions -
(a) manage land, plantations or residential properties;
(b) act as an agent for the Government or any other body or person;
(c) carry on business as an investment manager;
(d) manage any kind of business enterprise;
(e) engage in any business relating to land including its development for residential, industrial or commercial purposes;
(f) undertake the business of farmers, ranchers, cultivators of timber, sawmillers and timber merchants;
(g) undertake the business of builders or civil engineers;
(h) process any crops grown on land including copra, cocoa and rice.
POWERS OF THE CORPORATION
4. The
Corporation shall have the following powers -
(a) hold, buy and sell movable or immovable property including houses for employees of the Corporation;
(b) lease land to or from any person;
(c) promote or finance any undertaking;
(d) subject to such specific or general conditions as the Minister may make, borrow money by the issue of debentures or in any other manner including overdraft;
(e) lend money and guarantee loans;
(f) establish or participate in any pension scheme for the benefit of its employees and their dependents;
(g) carry out programmes of research;
(h) charge fees;
(i) employ any persons, firms or bodies;
(j) enter into agreements, leases, conveyances or transfer of land on behalf of the Government or any custom owners and a recital in any such agreement, lease, conveyance or transfer that the Corporation is acting on behalf of the Government or custom owners as the case may be shall be sufficient to indemnify any other party to such agreement, lease, conveyance or transfer;
(k) invest funds not immediately required for the purposes of its functions in bank deposits and such other investments as may be authorised by the Minister;
(l) such other powers as may incidental to the above mentioned powers or necessary to enable the Corporation to carry out its functions.
DELEGATION OF FUNCTIONS TO GENERAL MANAGER
5.
(1) The Corporation may, by resolution or otherwise, delegate to the general
manager with or without restrictions or conditions,
as the Corporation thinks
fit, such of its powers and functions as it deems expedient for the efficient
discharge of the day to day
operations of the
Corporation.
(2) Nothing in
subregulation (1) shall permit the delegation of the power -
(a) to make major decisions of policy in connection with the functions of the Corporation;
(b) to authorise expenditure exceeding such amount as may, from time to time, be fixed by the Corporation.
COMPOSITION OF THE CORPORATION
6.
(1) The Corporation shall consist of a chairman, a deputy chairman and not less
than two nor more than eight other members all appointed
by the
Minister.
(2) Subject to
subregulation (1) members of the Corporation shall hold office for a period of 1
year and shall be eligible for
reappointment.
(3) A member of the
Corporation may resign by not less than 30 days notice in writing to the
Minister.
(4) The Minister may
remove a member from office by notice published in the
Gazette.
ALLOWANCES FOR MEMBERS
7.
Members of the Corporation who are not
public officers shall be paid such allowances and expenses as the Minister may
determine after
consultation with the Minister responsible for
finance.
SECRETARY TO THE CORPORATION
8. (1) There shall be a secretary to the Corporation who shall be an employee thereof and appointed by the Corporation in accordance with regulation 10.
(2) The
secretary or a person acting in that office shall attend all meetings of the
Corporation and prepare minutes
thereof.
(3) The secretary shall
-
(a) keep in safe custody the seal and all documents of the Corporation;
(b) receive all process served on the Corporation and carry out such other duties as the Corporation or chairman shall direct.
MEETINGS OF THE CORPORATION
9.
(1) Subject to subregulation (2), meetings of the Corporation shall be held at
such times and places as the chairman or in his absence,
the deputy chairman may
from time to time appoint.
(2) The
first meeting shall be convened by the
Minister.
(3) The quorum at
meetings shall be three
members.
(4) The chairman or in
his absence the deputy chairman shall preside at every meeting of the
Corporation.
(5) The proceedings
at any meeting shall not be invalidated by any vacancies in the membership
provided the number of such vacancies
does not exceed
two.
(6) The Corporation may
invite any persons to participate in meetings but they shall have no
vote.
(7) Decisions of the
Corporation shall be made by a majority vote of members present and voting, the
chairman or the deputy chairman
(as the case may be) shall have a casting
vote.
(8) If a member has any
pecuniary interest, direct or indirect, in any contract or proposed contract or
other matter relating to the
Corporation he shall as soon as practicable
disclose to the chairman of the Corporation the fact and nature of his
interest.
(9) Subject to such
rules as the Minister may make by Order, the Corporation may make internal rules
regulating its procedures for
the chairmanship, calling, conducting and
adjournment of meetings of the Corporation.
GENERAL MANAGER AND EMPLOYEES OF THE CORPORATION
10.
(1) Subject to sub regulation (2), the
Corporation may from time to time, appoint, at such remuneration and upon such
terms and conditions
as it may think fit -
(a) a general manager who shall be the chief administrative officer of the Corporation and all its operations;
(b) the secretary to the Corporation; and
(c) such other officers and employees as it may consider necessary for the proper and efficient discharge of the functions of the Corporation.
(2)
The appointment of the general manager shall require the prior approval of the
Minister.
FUNDS OF THE CORPORATION
11.
The funds of the Corporation shall
consist of -
(a) grants from the Government out of monies appropriated by Parliament for such purposes;
(b) grants from other sources;
(c) monies borrowed by the Corporation;
(d) monies received by the Corporation in any other way in the course of the discharge of the functions.
FUNDS TO BE HELD IN TRUST
12.
Any surplus funds generated by the Corporation in the course of carrying out its
functions and powers shall be held by it in trust
for those parties properly
entitled thereto.
GUARANTEE OF LOANS
13.
The Government may guarantee any loans to the Corporation.
CONTROL OF BORROWING
14.
The Minister responsible for finance
shall prescribe -
(a) the aggregate maximum indebtedness that the Corporation may incur without his consent in writing; and
(b) the maximum individual sums that the Corporation may likewise borrow.
ACCOUNTS AND AUDITS
15.
(1) The Corporation shall keep proper
accounts and other records in respect of its receipts and expenditure and shall
cause to be
prepared an annual statement of account in respect of each financial
year.
(2) The accounts of the
Corporation shall be audited annually by independent and properly qualified
auditors approved in writing by
the Minister responsible for finance and
appointed by the Corporation.
(3)
As soon as is reasonable after the end of each financial year the Corporation
shall transmit to the Minister and Minister responsible
for finance audited
accounts together with any report made by the auditors thereon and such
explanations as the Corporation may consider
appropriate.
ANNUAL REPORT
16.
(1) The Corporation shall make an annual
report of its activities to the Minister not less than 45 days before the
commencement of
the annual budget session of the
Parliament.
(2) A copy of the
audited accounts for the previous financial year provided for in regulation 15
and provisional accounts for the
current financial year shall be attached to the
report.
(3) The Minister shall
submit the annual report together with such comments as he may have thereon to
Parliament during the annual
budget session.
SUBMISSION OF ESTIMATES FOR PURPOSE OF GRANTS
17.
If the Corporation shall need a grant
referred to in regulation 11(a) so that the Government may determine the amount
thereof for
inclusion in the budget, the Corporation shall not less than 90 days
before commencement of the financial year during which the grant
is required
submit to the Minister responsible for finance estimates of expenditure and
receipts for that year and of unexpended
funds carried forward.
CONTRACTS
18.
A contract which if made between natural
persons would by law be -
(a) required to be sealed shall be made varied or discharged by the Corporation under seal;
(b) required to be in writing signed by the parties may be made varied or discharged on behalf of the Corporation in writing signed by a person acting with its express or implied authority;
(c) valid if made by patrol only may be made varied or discharged by patrol on behalf of the Corporation by any person acting with express or implied authority.
EVIDENCE OF SEALING OF DOCUMENTS
19.
The fact that a document bears the seal of the Corporation shall be prima facie
evidence in any court or legal proceeding that the
document has been properly
executed on behalf of the Corporation.
PREVIOUS CONTRACTS
20.
All contracts and agreements in
connection with, or in relation to the land or any business conducted thereon
and subsisting before
the coming into force of these Regulations shall have no
effect against or in favour of the Corporation.
MINISTER'S DELEGATION OF POWERS
21. For the purpose of carrying out its functions, the powers contained in section 8 of the Land Reform Act, Cap. 123 are hereby delegated to the Corporation.
NO PERSONAL LIABILITY TO MEMBERS OR EMPLOYEES
22.
No personal liability shall attach to any member or employee of the Corporation
in respect of anything done or not done in good
faith, and without negligence
under the provisions of these Regulations.
MINISTER'S DIRECTIVES
23.
The Minister may from time to time after
consultation with the Corporation issue directives to the Corporation and the
Corporation
shall be obliged to carry out such directives.
------------------------------------------------
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