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Fiji Legislation |
LAWS OF FIJI
Ed. 1978]
CHAPTER 132
CROWN
LANDS
__________
ARRANGEMENT
OF SECTIONS
__________
PART I - PRELIMINARY
SECTION
1. Short title.
2. Interpretation.
3. Crown land not to be alienated save in accordance with Act.
PART II - LAND ACQUIRED OR LEASED BY THE CROWN
4. Title to land acquired by the Crown to be taken in the name of Director of Lands.
5. Director of Lands to be deemed lessee.
PART III - CROWN GRANTS
6. Grants of Crown Land.
7. Reservations in grants.
8. Land acquired for public purposes may revert to native land.
9. Grants to religious bodies subject to conditions.
PART IV - LEASES AND LICENSES OF CROWN LAND
10. Power to grant leases or licences of Crown land.
11. Director of Lands to be deemed lessor or licensor.
12. Form of lease, registration and fees.
13. Protected leases.
14. Form of licence, registration and fees.
15. Rent or fee in arrear in respect of licences.
16. Who may not be lessee or licensee.
17. Forfeiture of interest in unexecuted lease or licence in certain cases.
18. Transmission of interest in unexecuted lease or licence in certain cases.
19. Transmission of lease or licence in certain cases without probate or administration.
PART
V - SPECIAL PROVISIONS RELATING
TO
FORESHORE LAND
AND SOIL UNDER WATERS OF FIJI
20. Reservation of foreshores, etc.
21. Leases of foreshore to be approved by Minister.
22. Special provisions to be contained in leases of foreshore.
23. Saving of rights of the Crown to foreshore where land raised by execution of works.
24. Application of sections 21, 22 and 23.
PART
VI - SPECIAL PROVISIONS RELATING TO
LICENCES
FOR LAYING
DOWN TRAMLINES, ETC.
25. Certain licences to be subject to approval by Minister.
26. Special conditions may be attached.
PART VII-GENERAL
27. Power to enter and inspect land and premises.
28. Indemnification of Director of Lands and officers.
29. Proceedings to be brought in name of Attorney-General.
30. Service of notices, etc.
31. Publication of notices, etc.
32. Trespass.
33. Right of Crown to sue not to be barred by limitation.
34. Suit for rent not barred by limitation.
35. Debt to Crown not extinguished by forfeiture.
36. Acceptance of rent not to operate as a waiver of forfeiture.
37. Right of way not to be presumed against the Crown.
38. Obstruction of officers.
39. Penalty for false declaration.
40. Penalty.
41. Regulations.
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CHAPTER 132
CROWN LAND
Ordinances
Nos. 15 of 1945, 20 of 1951, 21 of
1959,
37 of 1966,
Order
31st
Jan., 1967, 6 of 1967, 10 of
1970,
Act No. 10
of 1972, 8 of 1974, 8 of 1975.
AN ACT RELATING TO THE CONTROL, ADMINISTRATION AND DISPOSAL OF CROWN LAND
[1st August, 1946.]
PART I-PRELIMINARY
Short title
1.
This Act may be cited as the Crown Lands Act.
Interpretation
2.
In this Act, unless the context otherwise requires-
"authorised officer" means any person authorised, whether generally or specially, by the Director of Lands in writing to perform any of the duties or exercise any of the powers imposed or conferred by this Act;
"Crown land" means all public lands in Fiji, including foreshores and the soil under the waters of Fiji, which are for the time being subject to the control of Her Majesty by virtue of any treaty, cession or agreement, and all lands which have been or may be hereafter acquired by or on behalf of Her Majesty for any public purpose.
(Amended by Order 31st Jan., 1967.)
Crown land not to be alienated save in accordance with Act
3.
Subject to the provisions of the Native Land Trust Act, the Mining Act, the Oil
Mines Act and the Forest Act, or any other Act for the time being in force, no
Crown land shall be sold or leased and no licence in respect of Crown land shall
be granted save under and in accordance with the provisions of this
Act:
(Cap. 134)
(Cap. 146) (Cap. 148) (Cap.
150)
Provided that the
Governor-General may set aside Crown land as a native reserve in the manner
provided by section
18
of the Native Land Trust Act.
(Cap.
134)
PART II-LAND ACQUIRED OR LEASED BY THE CROWN
Title to land acquired by the Crown to be taken in the name of Director of Lands
4.
(1) Where the freehold estate of any person in land in respect of which a Crown
grant or native grant has been issued is acquired
by the Crown, the title to
such land shall be taken in the name of the Director of Lands of Fiji for and on
behalf of the Crown.
(2)
Notwithstanding anything contained in the Land Transfer Act, upon the
registration of any transfer of land to the Director of Lands for and on behalf
of the Crown, or in respect of any land
which is registered in the name of the
Director of Lands for and on behalf of the Crown, the Registrar of Titles shall,
if directed
in writing by the Director of Lands, cancel, either in whole or in
part, the title in respect of such
land:
(Cap.
131)
Provided that, in respect of
any title against which are registered any encumbrances, no such direction shall
be given, without the
written consent of the
encumbrancee.
(Substituted
by 8 of 1974, s. 2)
(3) For the
purpose of subsection (2), the expressions "encumbrancee" and "encumbrances"
shall have the same meaning as in the Land
Transfer
Act.
(Substituted
by 8 of 1974, s. 2) (Cap. 131)
Director of Lands to be deemed lessee
5.
Where any land is taken on lease by or on behalf of the Crown, the lease shall
be made out to the Director of Lands of Fiji for
and on behalf of the Crown, and
the person for the time being holding the office of Director of Lands shall,
whilst he holds such
office, be deemed the lessee in such lease.
PART III-CROWN GRANTS
Grants of Crown land
6.-(1)
Subject to the provisions of the Constitution and of any written law, the
Minister, after consultation with the Cabinet, may,
in the name of Her Majesty,
and on her behalf, sell portions of Crown land and make and execute under the
Public Seal of Fiji grants
in fee simple thereof.
(Amended by Order 7th
October, 1970)
(2) Every such
grant shall be in duplicate in the prescribed form and, except as otherwise
provided in section
9,
shall be subject to the provisions of section
10
of the Land Transfer Act.
(Cap.
131)
(3) In addition to the power
conferred by subsection (1), the Minister may, with the respective consent of
the proprietary unit to
which the native land belongs and of the Native Land
Trust Board and after consultation with the Cabinet, wherever he considers such
an action to be expedient, exchange portions of Crown land for portions of
native land, in which case the Crown land the subject
of the exchange shall be
recorded in the name of the unit from which the Crown obtains title in the
Register of Native Lands kept
under the provisions of section
8
of the Native Lands
Act.
(Inserted by
8 of 1975, s. 2)
(Cap.
133)
Reservations in grants
7.-(1)
A grant under this Act shall not confer any right to any precious metals, coals
or minerals of any description including crude
oil as defined in the Petroleum
(Exploration and Exploitation)
Act.
(Cap.
148)
(2) There is hereby reserved
to the Crown the right to enter upon any land granted under this Act and at all
times to search, dig
for and carry away any such metals, coals or minerals as
aforesaid.
(3) Nothing in this
section shall affect the rights of the Crown under any equivalent reservation
contained in any Crown grant issued
before the commencement of this Act, but
every such reservation shall be deemed to be a reservation under this section
and the provisions
of subsection (2) shall apply accordingly.
Land acquired for public purposes may revert to native land
8.
When any native land which has been acquired by the Crown for public purposes
under the provisions of the Crown Acquisition of Lands Act or any other written
law is no longer required for such purposes, the Minister, after consultation
with the Cabinet, may, by order,
declare such land to be native land and such
declaration shall be recorded in the name of the unit from which it was acquired
in
the Register of Native Lands kept under the provisions of section
8
of the Native Lands
Act.
(Substituted
by 8 of 1975, s. 3)
(Cap. 135) (Cap.
133)
Grants to religious bodies subject to conditions
9.
Notwithstanding the provisions of subsection (1) of
section
6 and of section
10
of the Land Transfer Act, which require that grants shall be made in fee simple,
it shall be lawful for the Minister to make grants of portions of Crown land
to
religious bodies, as defined in the Religious Bodies Registration Act, subject
to conditions regulating the use and transfer of the land so granted and
providing that in the event of such land ceasing
for the space of twelve
consecutive months to be used for the prescribed purpose the interest of the
proprietor thereof shall cease
and be determined whereupon the ownership of the
land shall be resumed by and revert to the
Crown.
(Cap. 131)
(Cap. 68.)
PART IV-LEASES AND LICENCES OF CROWN LAND
Power to grant leases or licences of Crown land
10.
Subject to the provisions of sections
21, 22,
25 and
26,
and to the general or special directions of the Minister, the Director of Lands
may grant leases or licences of portions of Crown
land for such purposes and
subject to such conditions as to forfeiture, renewals or otherwise as may be
specified or prescribed.
Director of Lands to be deemed lessor or licensor
11.
Any lease or licence in respect of land under the provisions of this Act shall
be made out from and in the name of the Director of
Lands for and on behalf of
the Crown, and such lease or licence shall be executed by the person then
holding the office of Director
of Lands as lessor or licensor, and the person
for the time being holding the office of Director of Lands shall, while he holds
such
office, be deemed the lessor or licensor of such lease or
licence
Form of lease, registration and fees
12.-(1)
All leases of Crown land shall be in such form and subject to such conditions
and covenants as may be prescribed, and such leases
shall be recorded in a
register to be kept by the Registrar of Titles entitled "Register of Crown
Leases", and it shall be lawful
for the Director of Lands to charge and collect
in respect of the preparation of any lease or for any matter in connexion
therewith
such fees as may be
prescribed.
(2) When a lease made
under the provisions of this Act has been registered, it shall be subject to the
provisions of the Land Transfer Act, so far as the same are not inconsistent
with this Act in the same manner as if such lease had been made under that Act
and shall
be dealt with in a like manner as a lease so made.
(Cap.
131.)
(3) It shall be lawful for
the Registrar of Titles to charge and collect in respect of any lease registered
under the provisions of
this Act, or in respect of any dealing with such lease,
the fees prescribed under the Land Transfer Act, in the same manner as if such
lease was a lease under that
Act.
(Cap.
131.)
Protected leases
13.-(1)
Whenever in any lease under this Act there has been inserted the following
clause:-
"This lease is a protected lease under the provisions of the Crown Lands Act"
(hereinafter
called a protected lease) it shall not be lawful for the lessee thereof to
alienate or deal with the land comprised in
the lease of any part thereof,
whether by sale, transfer or sublease or in any other manner whatsoever, nor to
mortgage, charge or
pledge the same, without the written consent of the Director
of Lands first had and obtained, nor, except at the suit or with the
written
consent of the Director of Lands, shall any such lease be dealt with by any
court of law or under the process of any court
of law, nor, without such consent
as aforesaid, shall the Registrar of Titles register any caveat affecting such
lease.
Any sale, transfer,
sublease, assignment, mortgage or other alienation or dealing effected without
such consent shall be null and
void.
(2) On the death of the
lessee of any protected lease his executors or administrators may, subject to
the consent of the Director
of Lands as above provided, assign such
lease.
(3) Any lessee aggrieved by
the refusal of the Director of Lands to give any consent required by this
section may appeal to the Minister
within fourteen days after being notified of
such refusal. Every such appeal shall be in writing and shall be lodged with the
Director
of Lands.
(4) Any consent
required by this section may be given in writing by any officer or officers,
either solely or jointly, authorised
in that behalf by the Director of Lands by
notice published in the Gazette. The provisions of subsection (3) shall apply to
the refusal
of any such officer or officers to give any such
consent.
(Inserted
by 21 of 1959, s. 2)
(5) For the
purposes of this section "lease" includes a sublease and "lessee" includes a
sublessee.
Form of licence, registration and fees
14.
All licences of Crown land shall be in such form and subject to such conditions
as may be prescribed, and such licences shall be
recorded in a register to be
kept by the Director of Lands entitled "Register of Licences in respect of Crown
Land", and it shall
be lawful for the Director of Lands to charge and collect in
respect of the preparation and registration of any licence and for any
matter in
connexion therewith such fees as may be prescribed.
Rent or fee in arrear in respect of licences
15.
If any rent, fee or other charge payable under any licence granted under this
Act is in arrear for the space of one calendar month,
or in case default is made
in the fulfilment of any other covenant or condition whether expressed or
implied in such licence on the
part of the licensee, and continues for the space
of two calendar months, it shall be lawful for the Director of Lands to
determine
such licence without prejudice to any claim against the licensee which
shall have already accrued under such licence.
Who may not be lessee or licensee
16.-(1)
No person, who at the time of making his application for a lease or licence has
made any arrangement or agreement to permit any
other person to acquire by
transfer or otherwise the land in respect of which his application is made, or
any part thereof, or the
applicant's interest therein, and does not inform the
Director of Lands of the existence of such arrangement, shall become a lessee
or
licensee under this Act.
(2) Every
person who wilfully commits, or incites, instigates or employs any other person
to commit a breach of the provisions of
this section shall be guilty of an
offence against this Act.
(3) Any
lease or licence acquired by any breach of the provisions of this section shall
be liable to be forfeited.
Forfeiture of interest in unexecuted lease or licence in certain cases
17.
If a person to whom a lease or licence in respect of Crown land has been granted
fails to execute the lease or licence within six
months of the service of notice
that such lease or licence is ready for execution, the grant of such lease or
licence may be rescinded,
and if any such person leaves Fiji before he has
executed such lease or licence and, without giving to some person residing in
Fiji
a power of attorney in respect of his interest in the said lease or licence
remains absent from Fiji for a period exceeding six months,
the interest of such
person in such lease or licence may be forfeited and determined.
Transmission of interest in unexecuted lease or licence in certain cases
18.
If a person to whom a lease or licence in respect of Crown land has been granted
dies before such lease or licence has been executed
by him and no probate has
been granted or letters of administration issued and no application for grant of
probate or issue of letters
of administration has been filed within six months
after the death of such person, and the Director of Lands is of the opinion that
the deceased person's interest in the lease or licence is of so small a value
that it is expedient so to do, he may grant the lease
or licence to the persons
entitled thereto under the will or intestacy of the deceased, or to any one or
more of them in trust for
all.
Transmission of lease or licence in certain cases without probate or administration
19.-(1)
If on the death of the lessee or licensee of a Crown lease or licence no probate
has been granted or letters of administration
issued and no application for
grant of probate or issue of letters of administration has been filed within six
months after the death
of such lessee or licensee and the Director of Lands is
of the opinion that the lease or licence is of so small a value that it is
expedient to exercise the powers hereby conferred upon him, he may either sell
the lease or licence and execute a transfer of the
same to any person, and
receive the purchase money on account of the persons entitled thereto under the
will or intestacy of the
deceased, or he may execute a transfer of the lease or
licence to the persons entitled thereto under the said will or intestacy,
or to
any one or more of them in trust for
all.
(2) In the case of a lease,
any Act or law to the contrary notwithstanding, the Registrar of Titles shall,
on production to him of
a request by the Director of Lands to enter up a
transfer under this section, enter up and duly register such transfer.
(3) In the case of a licence, the
Director of Lands shall enter up and duly register such transfer in the Register
of Licences in
respect of Crown land.
PART
V-SPECIAL PROVISIONS RELATING TO FORESHORE
LAND
AND SOIL UNDER
WATERS OF FIJI
Reservation of foreshores, etc.
20.
A grant or lease under this Act shall not, unless otherwise expressly provided
therein, confer any right to the foreshore or to soil
under the waters of
Fiji.
Leases of foreshore to be approved by Minister
21.-(1)
No lease of any Crown foreshore land or of any soil under the waters of Fiji
shall be made without the express approval of the
Minister and such approval
shall not be granted unless the Minister declares that such lease does not
create a substantial infringement
of public
rights.
(2) Before such approval
is given or declaration made, the substance of the lease together with a
sufficient description of the property
intended to be comprised therein, shall
be inserted by the applicant, with the prior approval of the Director of
Lands-
(a) in two consecutive issues of the ordinary Gazette; and
(b) twice, within seven days of such first issue, in a newspaper circulating in Fiji,
together
with a notice calling upon persons having objections to the making of such lease
to send them in writing to the Director
of Lands not later than thirty days
after the date of such second insertion in the
Gazette.
(3) All such objections
made in accordance with the provisions of subsection (2) shall be considered by
the
Minister.
(Subsections
(2) and (3) inserted by 6 of 1967, s. 2)
Special provisions to be contained in leases of foreshore
22.-(1)
Every lease of any part of the foreshore or of any soil under the waters of Fiji
shall specify the purposes for which such foreshore
or soil is required, and
shall vest the same in the lessee free and discharged from all public rights and
privileges which may have
existed or may be claimed in or over every such
foreshore so far as is necessary for carrying out the said purposes and shall
contain
such covenants and provisions as may be approved in each case by the
Minister with regard to the construction and use of any works
to be made and
done upon the premises comprised in the lease and as to the time within which
such works shall be commenced and
completed.
(2) In the event of the
lessee, his executors, administrators, assigns or successors, as the case may
be, failing at any time during
the continuance of the term of the said lease to
use the property comprised therein for the purposes so specified as aforesaid
then
the Director of Lands may declare the lease forfeited and may enter upon
and take possession of the
premises.
(3) In the event of any
alienated or native land abutting upon or adjoining any foreshore leased under
the provisions of this Act,
the lessee thereof shall pay to the owner of such
land compensation for any rights that may be infringed and, in the event of any
dispute as to the amount of such compensation, compensation shall be determined
in the manner provided in the Crown Acquisition of
Lands
Act.
(Cap.
135.)
Saving of rights of the Crown to foreshore where land raised by execution of works
23.-(1)
If any foreshore land or land to the seaward of any such land embanked or
reclaimed under a lease made under the provisions
of this Act or any former
Ordinance at any time after the completion of such embankment or reclamation
becomes raised in height or
reclaimed, whether gradually and imperceptibly or
otherwise, so as to be above instead of below the line of ordinary high-water
mark,
no person or body shall, by virtue of any title to any land which he or it
was empowered to reclaim as aforesaid, have any estate,
right or interest in or
to the land so raised in height or reclaimed by reason that such raising or
reclamation has been gradual
and imperceptible, or has been wholly or partially
caused by such embankment or reclamation as
aforesaid.
(2) The right and title
of such lands so raised and reclaimed shall continue vested in the Crown as if
the same had continued subject
to the flow and reflow of the ordinary
tides.
Application of sections 21, 22, and 23
24.
The provisions of sections
21,
22 and
23
shall not apply to any river or stream
within Fiji nor shall they affect in any way the provisions of the Harbour Act
in so far as
it relates to the erection of private wharves, piers, jetties or
landing places in any declared
harbour.
(Cap.
184)
PART
VI-SPECIAL PROVISIONS RELATING TO
LICENCES
FOR LAYING
DOWN TRAMLINES, ETC.
Certain licences to be subject to approval by Minister
25.-(1)
No licence to-
(a) use any public road or any part thereof for the purpose of laying down, maintaining and using tramlines thereon;
(b) erect and maintain gates and level crossings on any public road in the event of tramlines being licensed to cross such public road;
(c) build and maintain bridges over, or passages or tunnels under, any public road, or over or under any river, navigable or otherwise, or to dredge any such river,
shall
be granted without the express approval of the
Minister.
(2) Any such licence
shall be deemed to confer upon the licensee power to obstruct traffic for the
purpose of carrying out the object
or objects for which such licence was granted
in so far as such obstruction is essential for the building, making, working or
maintaining
of any such tramlines, bridges, passages or tunnels, or for the
dredging of any such river, without his being held responsible for
any loss or
damage occasioned by such obstruction as aforesaid.
Special conditions may be attached
26.-(1)
Any such licence as is mentioned in section
25
shall be granted subject to such terms and conditions as may be approved by the
Minister to prevent any substantial infringement
of public rights being created
or committed by the licensee in the exercise of the power conferred by the
licence.
(2) In the event of the
intended working being of a permanent nature the preliminary procedure
prescribed in subsection (2) of
section
21 shall be complied with so far as the
same is applicable.
PART VII-GENERAL
Power to enter and inspect land and premises
27.
The Director of Lands and any authorised officer shall for any purpose relating
to this Act have power at all reasonable times to
enter upon any land the
subject of a Crown lease or licence or to enter any premises or place on such
land and there to make such
inspection, examination and inquiry and to call for
such information as may be necessary for carrying into effect any of the
provisions
of this Act.
Indemnification of Director of Lands and officers
28.
Neither the Director of Lands nor any authorised officer shall be liable to any
action, suit or proceeding for or in respect of
any act or matter bona fide done
or omitted to be done in the exercise of the powers conferred by this
Act.
Proceedings to be brought in name of Attorney-General
29.
All actions, suits and proceedings respecting Crown land or respecting any
lease, licence or permit relating thereto, or respecting
the breach of any
covenant contained in any such lease, licence or permit or respecting any
trespass on such land, or any damages
accruing by reason of such trespass or for
the recovery of any rents or fees, or relating to any damage or wrong whatsoever
in respect
of such land, may be commenced, prosecuted and carried on in the name
and title of the
Attorney-General.
(Amended
by 20 of 1951, s. 33)
Service of notices, etc.
30.-(1)
Any application, statement, demand, instrument, notice or other document
authorised or required by this Act, or any regulation
made thereunder, may be
served on the person to whom it is to be given either personally or by leaving
it for him at his last known
place of abode in Fiji or by sending it through the
post in a registered letter addressed to him
there.
(2) Where any such document
is to be served on a person by being sent through the registered post, it shall
be deemed to have been
served not later than the thirtieth day succeeding the
day on which it was posted, and for proof of such service it shall be sufficient
to prove that the letter containing the notice was properly addressed,
registered and posted.
Publication of notices, etc.
31.-(1)
Any order, notice or other document required by this Act, or any regulation made
thereunder, to be published, may, when no particular
method is provided or
indicated, be published by affixing a copy in the office of the Commissioner of
the Division and in some other
public or conspicuous place in the area
concerned, and, where it is deemed necessary by publishing it in the
Gazette.
(2) Such publication or
affixing shall be deemed good and sufficient publication and notice to all
persons concerned.
(3) Any person
who without lawful cause or excuse tears, defaces, alters, injures or removes
any notice so affixed shall be guilty
of an offence against this Act and shall
be liable to a fine of twenty dollars.
Trespass
32.
Any person not claiming bona fide under a subsisting lease or licence or
otherwise under any Act relating to the occupation of Crown
land who is found
occupying any Crown land or is found residing or erecting any hut or building,
depasturing stock or cutting any
timber grown thereon, or clearing, digging up,
inclosing or cultivating any part thereof, shall be liable to immediate eviction
and
shall be guilty of an offence against this
Act:
Provided that nothing in this
Act shall deprive the public of the right to quiet enjoyment, for, recreational
purposes, of the
foreshore.
(Proviso
inserted by 10 of 1972, s. 2)
Right of Crown to sue not to be barred by limitation
33.
No action or other remedy by or on behalf of the Crown for the recovery of the
possession of Crown land shall be barred or affected
by any Act or other law of
limitation.
Suit for rent not barred by limitation
34.
No Act or other law of limitation shall bar or affect any action or remedy for
the recovery of any rent due under any lease granted
under this
Act.
Debt to Crown not extinguished by forfeiture
35.
No forfeiture shall operate to extinguish any debt to the Crown in respect of
any rent or payment to be made by a lessee or licensee
under a lease or licence
forfeited.
Acceptance of rent not to operate as a waiver of forfeiture
36.
The acceptance by or on behalf of the Crown of any rent shall not be held to
operate as a waiver by the Crown of any forfeiture
accruing by reason of the
breach of any covenant or condition, express or implied, in any lease or licence
under this Act.
Right of way not to be presumed against the Crown
37.
No right of way shall be presumed or allowed to be asserted or established
against the Crown by reason only of user, whether such
user commenced before or
after the commencement of this Act.
Obstruction of officers
38.
Any person who refuses to permit the Director of Lands or any authorised officer
to carry out any of the powers conferred by this
Act or any regulation made
thereunder, or obstructs or hinders any such person in the execution of his duty
under this Act or any
regulation made thereunder, or fails to give any
information that may be required under the provisions of section
27
or furnishes false information to any such person, shall be guilty of an offence
against this Act.
Penalty for false declaration
39.
Any person who makes a false declaration in relation to any matter or thing
required to be done by this Act or by any regulation
made thereunder, or who
produces any false declaration or certificate, knowing the same to be false in
any material particular, shall
be guilty of an offence against this
Act.
Penalty
40.-(1)
Every omission or neglect to comply with, and every act done or attempted to be
done, contrary to the provisions of this Act
or of any regulation or order made
thereunder shall be deemed to be an offence against this
Act.
(2) For every offence against
this Act for which no penalty is specially provided an offender shall be liable
to a fine of one hundred
dollars or to imprisonment for six months or to both
such fine and imprisonment.
Regulations
41.
The Minister may make regulations not inconsistent with this Act providing for
all or any purposes, whether general or to meet particular
cases, that may be
convenient for the administration of this Act or that may be necessary or
expedient to carry out the objects and
purposes of this Act, and, without
prejudice to the foregoing powers, providing for all or any of the matters
following, that is
to say:-
(a) controlling the administration, occupation and use of Crown land and prescribing fees for admission thereto;
(Substituted by 10 of 1970, s. 2)
(b) regulating the grant and form of grants and leases in respect of Crown land and all matters relating thereto;
(c) prescribing the form and terms of leases of Crown land and the covenants and conditions upon and subject to which leases may be issued;
(d) regulating the issue of licences on Crown land in respect of-
(i) cattle grazing;
(ii) the removal of sand, lime and common stone;
(iii) the cultivation of annual crops;
(iv) residence;
(v) special purposes;
(e) prescribing the form and term of licences and the conditions upon and subject to which licences may be issued or forfeited;
(f) the definition of boundaries and the maintenance of boundary marks;
(g) surveys and plans;
(h) revision of rents;
(i) the forfeiture of deposits;
(j) penal rents;
(k) prescribing the fees which may be charged and collected in respect of the preparation of any Crown grant or lease and in respect of the preparation and registration of any licence;
(l) prescribing the royalties to be paid in respect of sand, lime and common stone got and removed pursuant to licences issued under this Act;
(m) prescribing the agistment fees to be paid by persons depasturing animals on Crown land;
(n) prescribing the manner in which certified copies of or certificates in respect of lost licences may be issued and the fees therefore;
(o) prescribing the manner in which registers shall be kept;
(p) prescribing any other matter required by this Act to be prescribed.
Controlled by Lands and Mineral Resources
CHAPTER 132
CROWN
LANDS
_________________
SECTION
8-CROWN LANDS (REVERSION TO NATIVE LAND)
ORDER
_________________
TABLE OF PROVISIONS
PARAGRAPH
1. Short title
2.
Land formerly forming part of Queen's Road declared to be native
land
3.
Land formerly forming part of Natua Road in the province of Macuata declared to
be native land
Schedule-Description of native lands
-----------------------------------------
Legal Notice No. 186 of 1980
Short title
1.
This Order may be cited as the Crown Lands (Reversion to Native Land)
Order.
Land formerly forming part of Queen's Road declared to be native land
2.
The parcel of land at Lami in the tikina of Suva in the province of Rewa
specified in Part I of the Schedule, being land acquired
from Mataqali Nasevou
upon the declaration under the Roads Act of the road comprising that land as a
public road (known as Queen's
Road) and which ceased to form part of the said
public road by virtue of paragraph 2 of the Public Roads (Amendment) Order,
1980*,
is declared to be native
land.
*See
Legal Notice No. 185 of 1980.
Land formerly forming part of Natua Road in the province of Macuata declared to be native land
3.
The parcels of land in the tikina of Macuata in the province of Macuata
specified in Part II of the Schedule, being land acquired
from Mataqali
Vatuvirikia upon the declaration of the road comprising that land as a public
road (known as Natua Road) and which
ceased to form part of the said public road
by virtue of paragraph 3 of the Public Roads (Amendment) Order, 1980*, are
declared to
be native
land.
*See
Legal Notice No. 185 of 1980.
SCHEDULE
________________
PART I
The parcel of land
heretofore forming part of Queen's Road at Lami in the tikina of Suva in the
province of Rewa, measuring 1,189
square metres and more particularly delineated
and shown coloured purple on plan P.P. 206 in the custody of the Director of
Lands
and Surveyor-General; copies of which plan are available for inspection at
the offices of the Permanent Secretary for Works, the
Divisional Engineer,
Central Eastern, the Commissioner, Central, Eastern Division, the District
Officer, Suva, the Lami Town Council
and Director of Town and Country
Planning.
PART II
The two parcels of land
heretofore forming part of Natua Road in the tikina of Macuata in the province
of Macuata, measuring in total
2706 square metres and more particularly
delineated and shown coloured red on plan P.P. 201 in the custody of the
Director of Lands
and Surveyor-General; copies of which plan are available for
inspection at the offices of the Permanent Secretary for Works, the
Divisional
Engineer, Northern, the Commissioner, Northern Division and the District
Officer, Macuata.
SECTION
41-CROWN LANDS (CROWN GRANTS)
REGULATIONS
_______________
TABLE
OF PROVISIONS
REGULATION
1.
Short
title
2.
Form of Crown grant-section
6
3.
Form of Crown Grant-section
9
Schedule-Forms of Crown Grant
_______________
Regulations
10 November 1954, Legal Notice No. 132 of 1968
Short title
1.
These Regulations may be cited as the Crown Lands (Crown Grants)
Regulations.
Form of Crown grant-section 6
2.
The form of Crown grant for the purposes of section
6
of the Act shall be as in Form No. 1 of
the Schedule.
Form of Crown Grant-section 9
3.
The form of Crown grant for the purposes of section
9
of the Act shall be as in Form No. 2 of the Schedule.
_______________________
SCHEDULE
(Regulations 2
and 3)
FORM
1
(Substituted by
Legal Notice 132 of 1968)
CROWN GRANT No...............................
(Coat of Arms)
FIJI
In the name of Her Majesty
ELIZABETH II by the Grace of God, Queen of Fiji and of Her other Realms and
Territories, Head of the Commonwealth.
(SEAL)
MINISTER.
To all to whom these
Presents come Greeting:
KNOW
YE by these Presents that, in
consideration of
paid to Us, We do grant to
A.
B. all that piece of land known
as
situated in the
Tikina in the province of in the
Island of
containing ,
be the same a little more or less, the boundaries of which are more
particularly
delineated and described on the plan on the back hereof, and coloured
, to hold the said piece of land unto
the said
A.
B. in fee
simple:
We do hereby reserve to
Us, Our Heirs and Successors all precious metals, coals and minerals of every
description including crude
oil and the right to enter upon the said land or any
part thereof and at all times to search, dig for and carry away such metals,
coals and minerals aforesaid.
IN
WITNESS WHEREOF We have caused Our Public Seal of Fiji to be affixed
hereto.
WITNESS Our trusty and
well beloved in and over Fiji this
day of
in the Year of Our Lord One Thousand Nine
Hundred and and in the
Year of Our Reign.
______________________
FORM No. 2
[Coat
of Arms] Crown Grant
No.
FIJI
In the name of Her Majesty
ELIZABETH II by the Grace of God, Queen of Fiji, and
of Her other Realms and
Territories, Head of the Commonwealth.
[SEAL]
Minister
To
all to whom these Presents shall come
Greeting:
Know ye by these
Presents that We do grant, in consideration of the sum of
paid to us, to
as Trustees all that piece of
land known as situated in the
Tikina
in the Province of in the Island of
containing , be the same
a little more or less,
the boundaries of which are more particularly delineated and described in the
plan on the back hereof, and
coloured ,
to hold the said piece of land unto the said Trustees subject to the following
conditions:
[Here insert any conditions regulating the use and transfer of the land]
Provided
that in the event of the said piece of land ceasing to be used for the above
purposes for a period of 12 consecutive months
the interest of the said Trustees
therein shall cease and determine whereupon the ownership of the said land shall
be resumed by
and shall revert to Us the Grantors
thereof.
And We do hereby reserve
to Us, Our Heirs and Successors all precious metals, coals and minerals of every
description including crude
oil and the right to enter upon the said land or any
part thereof and at all times to search, dig for and carry away any such metals,
coals and minerals aforesaid.
In
witness whereof We have caused Our Public Seal of Fiji to be
affixed
hereto.
Witness Our trusty and well-beloved in and over Fiji this
day of in the Year of Our Lord One
Thousand Nine Hundred and and in the Year
of Our Reign.
SECTION 41-CROWN LANDS (LEASES AND LICENCES)
REGULATIONS
_______________________
TABLE OF PROVISIONS
PART I-PRELIMINARY
REGULATION
1.
Short
title
2.
Interpretation
3.
Application
PART II- LEASES
4.
Application for
lease
5.
Powers of
Director
6.
Date of commencement of
lease
7.
Classification of
leases
8.
Term of agricultural, grazing, dairying, quarry and special
leases
9.
Term of residential, commercial, industrial, tramway and special
leases
10.
Re-assessment of
rent
11.
Procedure on
re-assessment
12.
Arbitration
13.
Conditions in leases other than commercial, residential or tramway
leases
14.
Conditions of lease for agricultural
purposes
15.
Conditions of lease for residential
purposes
16.
Conditions of lease for commercial
purposes
17.
Conditions of lease for grazing or dairying
purposes
18.
Conditions of lease for tramway
purposes
19.
Conditions of lease for quarrying
purposes
20.
Conditions of lease for special
purposes
21.
General
conditions
22.
Right to surrender
lease
23.
Improvements in case of
surrender
24.
Boundary marks to be protected by lessee
25.
Form of
leases
26.
Survey and preparation of
lease
27.
Drawing and execution of
leases
28.
Registration and disposal of leases
PART III-LICENCES
29.
Licences may be
granted
30.
Licences for other
purposes
31.
Form of
application
32.
Form of
licence
33.
Licensee not to deal with licence without
consent
34.
Rent or fee in
arrears
35.
General
conditions
36.
Conditions of licences for grazing
purposes
37.
Conditions of licences for the removal of sand, lime and common
stone
38.
Conditions of licences for the cultivation of annual
crops
39.
Conditions of licences for residential
purposes
40.
Issue of certified copies of lost
licences
41.
Fees
42.
Fee for
consent
43.
Revocation
First Schedule-Forms of Memorandum of Lease and of Licence to
Occupy Crown Land
Second Schedule-Fees
--------------------------------
Legal Notice No. 36 of 1980
PART I-PRELIMINARY
Short title
1.
These Regulations may be cited as the Crown Lands (Leases and Licences)
Regulations.
Interpretation
2.
In these Regulations, unless the context otherwise requires-
"appropriate form" means a form approved by the Minister for use in any particular case;
"Director" means the Director of Lands;
"improvements" includes any building, fencing, furrows, planting trees or live hedges, walls, wells, draining land or reclamation of swamps, road-making, bridges, tramways, laying out and cultivating gardens and nurseries, water works, sheep or cattle dips, excavation and levelling, embankments or protective works of any kind, fixed machinery, irrigation works, water tanks, planting of long-lived crops and clearing of land:
Provided that the reclamation of land from the sea shall not in any case be deemed to be an improvement either of the land reclaimed or of any other land;
"subdivide" means dividing a parcel of land for conveyance, transfer, lease, sub-lease, agreement, partition or other dealing or by procuring the issue of an instrument of title under the Land Transfer Act in respect of any portion of land, or by parting with the possession of any part thereof, or by depositing a plan of subdivision with the Registrar of Titles under the last mentioned Act.
(Cap. 131.)
Application
3.
The lands to which these Regulations shall apply shall comprise all Crown-lands,
and all lands leased by the Crown.
PART II-LEASES
Application for lease
4.
Any person desiring to lease Crown land shall himself or by his agent appointed
under his hand lodge an application in the appropriate
form with the Director
and the information required in the form of application shall be fully and
correctly stated.
Powers of Director
5.
The Director may subject to any special or general directions given to him by
the Minister approve or refuse an application and
any such lease so approved
shall be subject to such conditions and covenants as may be prescribed
thereon.
Date of commencement of lease
6.-(1)
The period of any lease and the date from which rent shall be calculated shall
be from such date or dates as may be approved
by the Director.
(2) The rent shall be due and
payable by equal half yearly payments not later than 31 January and 31 July in
each year and shall be
paid to the Director or to any person authorised in
writing by him. Any rent due from the date of commencement of the lease up to
the following 1 January or the following 1 July, as the case may be, shall be
added to and paid with such first half yearly payment
to be made by the
lessee.
Classification of leases
7.
Leases shall be of the following classes:
Class A-Agricultural Leases
Class B-Residential Leases
Class C-Commercial Leases
Class D-Grazing Leases
Class E-Industrial Leases
Class F-Dairying Leases
Class G-Tramway Leases
Class H-Quarry Leases
Class I-Special Leases
Term of agricultural grazing, dairying, quarry and special leases
8.
The term of a lease granted for agricultural, grazing, dairying and quarry
purposes shall not exceed 30
years.
Provided that any such
lease may be approved for any term not exceeding 99 years if the Minister is
satisfied that the approval of
a long term lease is, in any special case,
advisable and expedient.
Term of residential, commercial, industrial tramway and special leases
9.
The maximum term of a residential, commercial, industrial, tramway or special
lease shall be 99 years.
Re-assessment of rent
10.
Subject to the provisions of any other written law for the time being in force,
leases shall be subject to re-assessment of the
rent at each tenth year of the
term of the lease.
Procedure on re-assessment
11.-(1)
Not later than 12 months before the due date for re-assessment of the rent under
regulation 10 the Director shall have the land
valued by a competent valuer
appointed by him for the purpose of assessing the yearly rental payable until
the next due date for
re-assessment or until the expiry of the lease, as the
case may be. In such calculation the valuer shall have regard to what would
be
at the time of the valuation a fair market rent of the land under a lease
granted for the same term and on the same conditions
but not taking into
consideration the improvements which are then in existence and unexhausted, and
which have either been put on
the land during the continuance of the lease or
have been purchased by the lessee or his predecessors in title as existing at
the
commencement of the lease. The fair market rent under this paragraph shall
in no case exceed 6 per cent of the value of the fee simple
estate of the land
not taking into account any
improvements.
(2) Not later than 6
months before the due date for the re-assessment of the rent the Director shall
deliver to the lessee a notice
in writing requiring him to elect whether he will
continue in possession of the lease at the rent so fixed as
aforesaid.
(3) If the lessee
elects to continue in possession of the lease at the rent so fixed as aforesaid
the Director shall forward to the
Registrar of Titles a memorandum of variation
of the lease for registration in the manner provided by section
58
of the Land Transfer
Act.
(Cap.
131.)
(4) Subject to the lessee's
right to refer any dispute to arbitration under the provisions of regulation 12,
if the lessee does not
wish to continue in possession of the lease, the lease
shall at the end of the current period be deemed to be determined and, subject
to the right of the lessee under paragraph (i) of regulation 21 to remove any
building erected by him, the value of any unexhausted
improvements on the land
shall be payable by the incoming tenant, if any, to the lessee. The amount so
payable shall be assessed
by the Director and shall be based on the value of the
improvements to the incoming tenant at the date when his tenancy begins. If
within 12 months of the determination of the lease no tenant is willing to lease
the land with the improvements the outgoing lessee
shall thereupon surrender all
claim to the said improvements.
Arbitration
12.
In any lease there shall be implied the following conditions, that is to
say-
(a) that, upon a re-assessment of rent or upon the assessment by the Director of the value of the unexhausted improvements of any leasehold, the lessee, if dissatisfied with the calculation of the fee simple estate of the land upon which the rent is re-assessed or with the assessment of the value of unexhausted improvements shall be entitled to submit the matter to arbitration;
(b) that any dispute referred to arbitration under these Regulations shall be referred to a single arbitrator chosen by the parties or, if they are unable to agree, by the Chief Justice. Each party shall have power to appoint an assessor to sit with the arbitrator but the arbitrator alone shall have the power to decide and the award shall be his alone;
(c) that the arbitration shall take place at Suva or Lautoka or such place in Fiji as the single arbitrator shall decide and the procedure thereat shall be governed by the provisions of the Arbitration Act.
(Cap. 38.)
Conditions in leases other than commercial, residential or tramway leases
13.
All leases other than commercial, residential, industrial or tramway leases
shall be subject, in addition to any other conditions
which the Director, in the
circumstances of any case may see fit to impose, to the condition that only such
buildings shall be erected
on the land as are necessary for-
(a) a dwelling or dwellings for the lessee;
(b) dwellings for persons bona fide employed on the land; such as stockmen, farm, plantation or quarry labourers and supervisors;
(c) accommodation for implements, vehicles, horses, and other stock used in connection with the farm, plantation or quarry or any building connected with the work of a farm, plantation or quarry, as the case may be.
Conditions of lease for agricultural purposes
14.
All leases for agricultural purposes shall be subject, in addition to any other
conditions which the Director in the circumstances
of the case may see fit to
impose, to the following conditions:-
(a) that the lessee shall keep the whole of the land in good condition and shall not allow any part to become impoverished and shall use such artificial or other manure as may be required by the lessor or an officer authorised by the lessor in that behalf in writing;
(b) that the lessee shall apply such measures to check soil erosion as may be required by the lessor in writing and shall maintain such measures to the satisfaction of the lessor or of an officer appointed by the lessor in writing. Without prejudice to the generality of this paragraph, such measures may include one or more of the following- strip cropping, terracing, contour-planting, cover cropping, rotation of cropping, construction of drains or dams and construction of fences;
(c) that the lessee shall not fell trees or clear or burn off bush or cultivate any land within a distance of 7 metres from the bank of a river or stream;
(d) that the lessee shall not without prior consent of the lessor clear burn-off cultivate or permit excessive grazing of the top 25 per cent of the hills (as measured vertically) which have a slope exceeding 25 degrees from the horizontal.
Conditions of lease for residential purposes
15.
A lease for residential purposes shall be subject to the following special
conditions in addition to any other conditions which
the Director in the
circumstances of any case may see fit to impose:-
(a) that the lessee shall within a specified period and under penalty of re-entry erect to the satisfaction of the lessor a dwelling house on the demised land at a minimum expenditure or of such dimension as shall be specified in the lease;
(b) that the lessee shall not without the written consent of the lessor erect or permit to be erected on the demised land a greater number of dwelling-houses than is specified in the lease;
(c) that the lessee shall not use or permit to be used the demised land or any part thereof or any dwelling-house or accessory out-building to be erected thereon, for any trade, business, occupation or calling whatsoever; and no act, matter or thing whatsoever shall, during the term of the lease, be done in or upon the said land or buildings or any part thereof, which shall or may be or grow to the annoyance, nuisance, damage or disturbance of the occupier, lessee or owner of the adjoining lands:
Provided that a home industry approved by the lessor in writing or a professional practice may with the written consent of the lessor first had and obtained be conducted within a dwelling-house;
(d) that the lessee shall maintain and keep in good repair and tenantable condition, to the satisfaction of the lessor, all buildings erected upon the demised land.
Conditions of lease for commercial purposes
16.
A lease for commercial or industrial purposes shall be subject to the following
special conditions in addition to any other conditions
which the Director in the
circumstances of any case may see fit to impose:-
(a) that the lessee shall within a specified period and under penalty of re-entry erect to the satisfaction of the lessor a commercial or industrial building as the case may be on the demised land at a minimum expenditure or of such dimension as shall be specified in the lease;
(b) that the lessee shall maintain and keep in good repair and tenantable condition, to the satisfaction of the lessor, all buildings erected upon the demised land.
Conditions of lease for grazing or dairying purposes
17.
A lease for grazing or dairying purposes shall be subject to the following
special conditions in addition to any other conditions
which the Director in the
circumstances of any case may see fit to impose:-
(a) that a specified area shall be extended in improvements which shall include fencing within a specified period under penalty of re-entry;
(b) that the lessee shall stock the land in manner specified in the lease;
(c) that the lessee shall plant the land with grass in the manner specified in the lease;
(d) that the areas planted in compliance with the provisions of paragraph (c) shall at all times be maintained free from weeds and undergrowth to the satisfaction of the lessor;
(e) that the lessee shall not without the prior consent of the lessor clear, burn off, cultivate or permit uncontrolled grazing of the top 25 per cent of hills (as measured vertically) having a slope exceeding 25 degrees from the horizontal;
(f) that the lessee shall apply such measures to check soil erosion as may be required by the lessor in writing and shall maintain those measures to the satisfaction of the lessor or of an officer appointed by the lessor in that behalf in writing. Without prejudice to the generality of this paragraph, such measures may include the restriction of grazing, terracing, construction of fences;
(g) that the lessee shall not without the prior consent of the lessor in writing, take, use or otherwise injure any forest tree growing upon the demised land except for the purpose of clearing the land for the planting of grass or of erecting fences or buildings incidental to the use of the land for grazing purposes.
Conditions of lease for tramway purposes
18.
A lease for tramway purposes shall be subject to the following special
conditions in addition to any other conditions which the
Director in
circumstances of any case may see fit to impose:-
(a) that the lessee shall not erect on the demised land any building not incidental to the use of the land for tramway purposes;
(b) that the owners and occupiers of adjacent lands shall have the right at all times to cross the tramway lines laid or constructed provided they do not hinder or obstruct the passage of trains thereon;
(c) that the lessee shall form and maintain in good order to the satisfaction of the lessor during the currency of the lease, all level crossings and gates and such bridges as the public have the right to use;
(d) that the lessee shall have the right at any time during the currency of the lease to remove the said tramway line and bridges connected therewith except any bridge or bridges that may connect portions of the public highway.
Conditions of lease for quarrying purposes
19.
Land leased for quarrying purposes shall be used solely for the removal of sand,
common stone, lime or other similar material and
for the housing of the
machinery and implements necessary therefore and the labourers employed thereon
and the royalty to be paid
for such material and the manner of payment and the
nature of the improvements required to be effected shall be set out in every
such lease in detail.
Conditions of lease for special purposes
20.
A lease for such special purposes as are not hereinbefore mentioned shall
specify the purpose for which the land shall be used,
the special conditions
applicable thereto, and the nature of improvements required to be effected
thereon.
General conditions
21.
All leases shall be subject to the following conditions in so far as they are
applicable to the circumstances of any case:-
(a) that the lessee shall not transfer, mortgage, sublet or part with the possession of the whole or any part of the demised land nor shall he enter into a partnership agreement to work the land or any part thereof or any other arrangement of a like nature for the working of the demised land or any part thereof, without the written consent of the lessor first had and obtained;
(b) that the lessee shall not sub-divide the land without the written consent of the lessor first had and obtained and then only in accordance with a plan of subdivision approved by the lessor in writing;
(c) that fruit trees growing on the demised land shall not be cut down without the consent in writing of the lessor:
Provided that this condition may be deleted at the discretion of the lessor;
(d) that the lessee shall bear, pay and discharge all existing and future rates, taxes, assessments, duties, impositions and outgoings whatsoever imposed or charged upon the demised land or upon the owner or occupier in respect thereof;
(e) that the whole or any portion of the demised land used for the grazing of stock shall be enclosed with good and substantial fencing so that all stock kept upon the land shall at all times be adequately fenced in;
(f) that the lessee shall not remove or dispose of by sale or otherwise any forest produce growing upon the demised land without the written consent of the lessor first had and obtained and subject to such conditions as to the payment of royalty or otherwise prescribed by the Forest Regulations as the lessor may direct;
(g) that the lessee shall keep open and maintain in good condition to the satisfaction of the lessor all drains, ditches and water courses upon or intersecting the demised land;
(h) that the lessee shall not obstruct in any way the free passage of any person over the public thoroughfare intersecting or adjoining the demised land and shall if required by the lessor so to do forthwith remove any crop or other obstruction placed by him on such public thoroughfare in contravention of this condition. Should any question arise as to whether any path intersecting or adjoining the land the subject of the licence is a public thoroughfare it shall be referred to the Director, whose decision shall be final;
(i) that subject to regulation 23 any building erected by the lessee on the demised land shall be removable by the lessee with 3 months after the expiration of the lease:
Provided that-
(i) before the removal of any building the lessee shall have paid all rent owing by him and shall have performed or satisfied all his other obligations to the lessor in respect of the demised land;
(ii) in the removal of any building the lessee shall not do any avoidable damage to any other buildings or other part of the demised land;
(iii) immediately after the removal of any building the lessee shall make good all damage occasioned to any other building or other part of the demised land;
(iv) the lessee shall not remove any building without giving one month's previous notice in writing to the lessor of his intention to remove it;
(v) at any time before the expiration of notice of removal, the lessor, by notice in writing given by him to the lessee, may elect to purchase any building comprised in the notice of removal, and any building thus elected to be purchased shall be left by the lessee and shall become the property of the lessor, who shall pay to the lessee the fair value thereof; and any difference as to the value shall be settled by arbitration in the manner provided by these Regulations;
(vi) if the lessee applies for a renewal of the lease the provisions of paragraph (i) shall be deemed to cease to apply as from the date of the application of the lessee for a renewal of the lease;
(j) that in the event of any breach by the lessee of any covenant or condition in the lease the lessor may enter upon and take possession of the demised land or may at the discretion of the Director impose a penal rent in respect of such breach.
Right to surrender lease
22.
The lessee may surrender his lease upon giving one year's notice in writing of
his intention to do so and upon payment of such amount
as the Director may
decide as compensation in addition to all monies due to the Crown by way of rent
or otherwise in respect of the
lease up to the date when such surrender takes
effect.
Improvements in case of surrender
23.
When any lease is surrendered as provided in regulation 22 any improvements on
the land shall from the date when such surrender takes
effect be deemed to be
vested in the Crown provided that the Director may at his discretion allow the
removal or sale of such improvements
by the lessee within a specified
period.
Boundary marks to be protected by lessee
24.-(1)
The lessee of any lease granted under these Regulations the boundaries of which
have been surveyed and marked on the ground, shall
maintain and protect such
boundary marks from loss or damage and shall maintain such marks and the
boundary lines reasonably clear
of bushes, weeds, vines, or other undergrowth so
as to enable such survey marks and boundary lines to be readily found and
followed
at any time:
Provided
that no boundary mark established by a surveyor shall be moved, replaced or
otherwise interfered with by any person not being
a registered surveyor other
than by re-piling fallen stones or earth around such
mark.
When any boundary forms a
common boundary between 2 contiguous leases, the obligation imposed by this
regulation shall be shared equally
by the lessees of such contiguous
leases.
(2) Failure to comply with
this regulation shall render the lessee of such lease liable for payment of the
cost of re-establishing
by survey any lost or disturbed boundary marks as may be
required by the Director.
(3) Any
costs incurred under this regulation as aforesaid shall be payable by the lessee
and shall be recoverable at law as a debt
due to the Crown.
Form of leases
25.
All leases under these Regulations shall be in Form 1 in the First Schedule or
as near thereto as circumstances permit.
Survey and preparation of lease
26.-(1)
Upon the approval in principle by the Director of an application for a parcel of
land the applicant shall be notified in writing
of such approval in principle
and advised of the terms and conditions under which the Director is prepared to
grant a lease.
(2) On acceptance
in writing by the applicant of the terms and conditions contained in the
notification of approval in principle under
paragraph (1), an approval notice of
lease shall be issued to the
applicant.
(3) The applicant shall
not occupy the land approved for leasing until he has executed the approval
notice of lease and paid all sums
due in respect
thereof.
(4) Failure on the part
of the applicant to execute the approval notice of lease and to pay all sums due
in respect thereof within
6 months of notice that such approval notice is ready
for execution shall render the approval notice liable to
cancellation.
Drawing and execution of leases
27.-(1)
Upon completion of the survey a lease embodying the approved terms and
conditions shall be prepared in duplicate by the Director
and the lessee advised
that the lease is ready for execution subject to payment by the lessee of all
sums then due in respect of
the
lease.
(2) Failure on the part of
the applicant to execute the lease within 3 months of notice that such lease is
ready for execution shall
render the approval of the lease liable to
cancellation.
Registration and disposal of leases
28.
The lease in duplicate shall when executed by the lessee be signed by the
Director as lessor, and after the lease has been registered
by the Registrar of
Titles, who shall retain the original, the duplicate shall be transmitted to the
lessee.
PART III-LICENCES
Licences may be granted
29.
Licences may be granted by the Director for a period not exceeding 12 months for
the following purposes:-
(a) grazing;
(b) the removal of sand, lime and common stone;
(c) the cultivation of annual crops;
(d) residence.
Licences for other purposes
30.-(1)
Notwithstanding the other provisions of this Part, the Director may grant a
license for any purpose not specified in regulation
29 upon such conditions and
terms as he may think
fit:
Provided that no licence
issued under this regulation shall have effect until approved by the
Minister.
(2) The other provisions
of this Part shall not apply to a licence issued under this
regulation.
Form of application
31.
Every application for a licence shall be in the appropriate form and shall be
lodged with the Director. The information required
in the form of application
shall be fully and carefully stated.
Form of licence
32.
A licence shall be in Form 2 in the First Schedule or as near thereto as
circumstances shall permit.
Licensee not to deal with licence without consent
33.
A licensee shall not alienate or deal with the land comprised in his licence or
any part thereof whether by sale, transfer, sub-licence
or in any other manner
whatsoever without the consent of the Director as licensor first had and
obtained and any sale, transfer,
sub-licence or other unlawful alienation or
dealing effected without such consent shall be null and void.
Rent or fee in arrears
34.
If any rent, fee or other charge payable under any licence granted under this
Part is in arrear for the space of 30 days or if the
licensee shall become
bankrupt or in case default is made in the fulfilment of any covenant or
condition, whether expressed or implied,
in such licence on the part of the
licensee and the licensee fails to remedy the default (if capable of remedy)
within the space
of 30 days, it shall be lawful for the Director to determine
such licence without prejudice to any claim against the licensee which
shall
have already accrued under such licence, or at the discretion of the Director to
impose a penal rent in respect of such default.
General conditions
35.
All licences shall contain the following conditions in so far as they are
applicable to the circumstances of any case:-
(a) that the licensee shall pay a half-yearly rent in advance during the first 7 days of January and July in each year. With the first half-yearly payment the licensee shall also pay the rent due for the period elapsing between the date of commencement of the licence and the due date of such half-yearly payment;
(b) that the licensee shall pay all rates and taxes, if any, levied upon the land the subject of the licence;
(c) that any dwelling-house erected on the land shall comply with any regulations that may be made from time to time by the competent local authority in that behalf;
(d) that the licensee shall permit the Director and all other persons authorised by him to enter on the land the subject of the licence at all reasonable times to inspect the state and condition thereof;
(e) that the licensee shall not without the prior consent of the Director do or permit to be done anything on the land the subject of the licence which in the opinion of the Director is or may become a nuisance or annoyance to the persons occupying the adjoining lands;
(f) that the licensee shall apply such measures to check soil erosion as may be required by the Director in writing and shall maintain those measures to his satisfaction. Without prejudice to the generality of this paragraph, such measures may include one or more of the following:-
strip cropping, terracing, contour planting, cover cropping, rotation of cropping, restriction of grazing, the construction of drains and the construction of fences;
(g) that the licensee shall keep open and maintain in good condition to the satisfaction of the Director all drains, ditches and watercourses upon or intersecting the land the subject of the licence;
(h) that the licensee shall not obstruct in any way the free passage of any person on any public thoroughfare intersecting or adjoining the land the subject of the licence and shall if required by the Director so to do forthwith remove any crops or other obstruction planted or placed by him on such public thoroughfare in contravention of this condition. Should any question arise as to whether any path intersecting or adjoining the land the subject of the licence is a public thoroughfare it shall be referred to the Director, whose decision shall be final and conclusive;
(i) that the licensee may remove all buildings erected and other removable improvements effected by him before the expiry or sooner deter-mination of the licence:
Provided that all rent due shall first have been paid and all other covenant and conditions on his part contained or implied in the licence shall have been first observed and performed;
(j) that in the event of the licensee grazing any stock upon land the property of the Crown set aside for that purpose but not the subject of his licence, he shall pay to the Director in respect of each animal so grazed such agistment fee as shall be determined by the Director. Such agistment fee shall be payable half yearly in arrear not later than 31 January and 31 July in each year and any sum not so paid shall be recoverable at law in the same manner as rent;
(k) that the licence may be determined at any time by the Director or by the licensee on his giving 6 months' notice in writing of his intention to determine it; such period of 6 months shall be determined from the date of service of the notice, irrespective of the rental period.
Conditions of licences for grazing purposes
36.
A licence for grazing purposes shall be subject to the following special
conditions in addition to any other conditions which the
Director in the
circumstances of any case may see fit to impose:-
(a) that the whole or any portion of the licence area used for grazing purposes shall be enclosed with a fence unless the stock grazed on such portion be at all times kept under the supervision of a stockman;
(b) that the licensee shall at all times indemnify the Crown against any claim for compensation for damage caused by stock the property of the licensee;
(c) that the licensee shall not cut, take or use any forest tree growing upon the land the subject of the licence save in so far as such tree may be required for the erection of fencing upon such land;
(d) that the licensee shall not cut down or cause damage to any coconut or other fruit tree growing upon the land the subject of the licence;
(e) that the licensee shall not without prior consent of the Director clear, burn off or permit excessive grazing of the top 25 per cent of such hills (as measured vertically) as may have a slope exceeding 25 degrees from the horizontal;
(f) that the licensee shall not cultivate any crops upon the land the subject of the licence save and except such fodder crops as may be required for the feeding of the stock owned by the licensee and which may be reaped during the period of the licence;
(g) that the licensee shall not erect any building upon the land the subject of the licence save and except temporary shelters for the use of stockmen.
Conditions of licences for the removal of sand, lime and common stone
37.
A licence for the purpose of removing sand, lime or common stone shall be
subject to the following special conditions in addition
to any other conditions
which the Director in the circumstances of any case may see fit to
impose:-
(a) that the land the subject of the licence shall be used solely for the removal of sand or the removal and crushing of lime or common stone;
(b) that no building shall be erected save and except such buildings as may be necessary for the temporary housing of employees and of implements and machinery for the crushing of lime or common stone;
(c) that the licensee shall pay such royalty as may be set forth in the licence at the times and places therein specified;
(d) that the licensee shall on or before the expiration of his licence, to the satisfaction of the Director, fill up or render safe all holes made and repair any other damage caused to the surface by his operations.
Conditions of licences for the cultivation of annual crops
38.
A licence for the purpose of cultivating annual crops shall be subject to the
following special conditions in addition to any other
conditions which the
Director in the circumstances of any case may see fit to impose:-
(a) that the tenant shall cultivate the land personally in a husbandlike manner and shall keep it free from undergrowth and weeds to the satisfaction of the Director;
(b) that the tenant shall not use or permit to be used the land or any part thereof or the dwelling house or accessory outbuildings erected thereon for any trade or business occupation whatsoever.
Conditions of licences for residential purposes
39.
A licence for residential purposes shall be subject to the following special
conditions in addition to any other conditions which
the Director in the
circumstances of any case may see fit to impose:-
(a) that the tenant shall reside personally on the land and shall not allow any persons other than members of his own household to reside thereon for any period exceeding 30 days unless the prior consent in writing of the Director be first had and obtained;
(b) that the tenant shall not use or permit to be used the land or any part thereof or the dwelling-house or accessory out-buildings erected thereon for any trade or business occupation whatsoever.
Issue of certified copies of lost licences
40.
For the purposes of the issue of certified copies of lost or destroyed licences
granted under this Part the following provisions
shall apply:-
(a) the application for the certified copy shall state the full particulars of the lost or destroyed licence and shall be accompanied by a statutory declaration stating the facts of the case to the best of the declarant's knowledge and belief, and shall be addressed to the Director;
(b) the application may be disposed of summarily at any time after it is filed:
Provided that the Director may in his discretion, before accepting any application require the applicant to give at least 14 days' notice in the Gazette of his intention to make such application;
(c) the Director shall, if satisfied with the proof of the loss of a licence issue a certified copy of such licence;
(d) the copy shall be a true copy of the original and shall bear the following endorsement:-
"Certified copy issued this day of 19 , in lieu of the original, which has been lost (or destroyed)
Director of Lands".
Fees
41.
The fees which the Director shall charge and collect for the preparation of any
lease or licence granted under these Regulations
shall be those set out in the
Second Schedule.
Fee for consent
42.
The Director shall charge and collect a fee of $13 on each application for
written consent where such consent is required by law
or by the terms of any
lease or licence issued by the Crown.
Revocation
43.
The Crown Lands (Leases and Licences) Regulations published at pages 5143 to
5164, inclusive, of Volume VIII of the 1967 Revised
Edition of the Laws are
hereby revoked.
FIRST
SCHEDULE
(Regulations
25 and
32)
_________________
FORM
1
(Regulation
25)
________________
MEMORANDUM
OF LEASE
Stamp
Duty
$ c Stamp
Duty
paid vide RR. No of Commissioner of Stamp Duties |
THE DIRECTOR OF LANDS of Fiji on behalf of the Crown hereby leases to |
LEASE
No. .........
(For
Titles Office use only)
|
FEES
$ c
Registration Fee......... Drawing Fee... Plan Fee...... ____________ TOTAL
____________ Revenue Receipt No.: Date: Initials: |
ALL THAT PIECE OF LAND
BEING
Name of land
|
Town or Tikina
|
Province or
Island
|
Area
|
|
|
|
the boundaries which are
more particularly delineated on the plan hereon and coloured to be
held by the said
as tenant for the term of
years commencing on the day of ,19 , at the yearly rental
of
payable to by two equal half-yearly payments not later than 31 January and 31
July in every year. Subject to the covenants
and powers implied in leases under
the Land Transfer Act or any Act repealing and replacing the same and subject
also to the following covenants and provisos; that is to
say-
That this lease is expressly
declared a Protected Lease under the provisions of the Crown Lands
Act.
And the Lessor hereby
reserves all precious metals, coals and minerals of every description including
crude oil upon or under the
said lands with full liberty at all times to search,
dig for and carry away such metals, coals and minerals of every description
including crude oil and for that purpose to enter upon the said lands or any
part thereof.
This lease is
subject also to the following covenants and provisos; that is to
say-
I, do
hereby accept this lease.
Dated this day of , 19 .
Lessor.
Director
of
Lands.
...............................
Lessee.
The
Signature was made in my presence and I
verily believe that such signature is
of the proper
handwriting of
who at present holds the
office of
Director of Lands of Fiji.
........................
Land Clerk.
The Signature by mark (if
Lessee is illiterate must
sign by
affixing his left thumb mark if possible)
was
made in my presence and I verily
believe that such
signature is of
the proper handwriting/left thumb print
of the person described in the above
lease as the lessee,
and I certify
that I read over and explained the contents
hereof to the lessee in the
language and he
appeared fully to
understand the meaning and effect thereof.
.......................
Witness.
Lease No.
Registered at
Registrar of Titles
______________
FORM
2
(Regulation
32)
_______________
CROWN
LANDS (LEASES AND LICENCES)
REGULATIONS
_________________
LICENCE TO OCCUPY CROWN LAND
The Director of Lands for
and on behalf of the Crown hereby grants to..............................
(hereinafter called the licensee)
the sole right of occupation and use
for-
cattle grazing,
the removal of sand, lime and common stone,
the cultivation of annual crops,
residence,
subject
to the under mentioned conditions, for a period of ..........................
from the............ day of.....................
19......., at a rent of
$..........c (..........dollars and ..........cents) of all that portion of land
known as ......................................
containing about ..........
acres situated in........................ in the tikina
of........................... in yasana of...........................,
the
boundaries of such portion of land being described as
follows:-
being more particularly
shown in the diagram attached hereto.
CONDITIONS
(here
set out any conditions)
And I,
.......................... of.......................... do hereby accept this
licence subject to the conditions contained or
implied herein and in the Crown
Lands (Leases and Licences) Regulations 1980 in so far as the same are
applicable to this licence.
Signed by the licensor in the presence
of-
The Director of Lands,
Licensor
Signed by the Licensee in
the presence of-
Licensee.
__________________
SECOND
SCHEDULE
(Regulation
41)
___________________
FEES
$
(i) On application for a
lease, tenancy or licence
................................................................... 13.00
Provided that the Director may in
special circumstances waive this fee or charge for work done in processing the
application which
charge shall be not more than double the cost of the work
involved in which event the Director may require the applicant to make
an
advance payment on account of the charge to be
incurred.
(ii) Preparation of
lease inclusive of issue of approval notice but exclusive of plan, provided that
where special clauses are required
this fee may be increased by an amount not
exceeding $10 at the discretion of the Director
...................................................................................................20.00
(iii)
Preparation of extension or variation of lease
...................................................................13.00
(iv)
Preparation of licence (exclusive of plan)
.........................................................................13.00
(v)
Plan fee if plan drawn on lease or licence
..........................................................................22.00
(vi)
Plan fee if photostat copies of plan attached to lease or licence
..............................
13.00
(vii) Certified copy of lost
or destroyed licence including plan
..............................................13.00
___________________
SECTION
41-CROWN LANDS (PUBLIC USER) (NUKULAU
ISLAND)
REGULATIONS
___________________
TABLE
OF
PROVISIONS
___________________
REGULATION
1. Short title
2. Interpretation
3. Entry
4. Supervision
5. Charges in respect of certain passengers
6. Offences
___________________
Legal Notices Nos. 102 of 1970, 107 of 1982.
Short title
1.
These Regulations may be cited as the Crown Lands (Public User) (Nukulau Island)
Regulations.
Interpretation
2.
In these Regulations-
"the Department" means the Department of Lands;
"the Director" means the Director of Lands;
"the island" means the island of Nukulau, including the foreshore thereof.
Entry
3.
Any person may enter the island as a daily visitor at any time.
Supervision
4.
The Director or any person authorised by him shall be entitled to supervise the
behaviour and conduct of persons upon the island.
Charges in respect of certain passengers
5.
Any person carrying passengers to the island for hire or reward shall keep
proper records of the persons so carried and, in accordance
with the directions
of the Director, shall pay to the Department the sum of 25 cents in respect of
each such passenger:
Provided that
the Director may, upon prior application, waive payment in the case of the
carrying of members of any
bona fide
youth or non-profit-making organisation
or in respect of
children.
(Amended
by Legal Notice 107 of 1982.)
Offences
6.-(1)
No person other than the Director or a person authorised under the provisions of
regulation 4 or a person permitted by the latter,
shall, on the
island-
(a) cut, pluck, injure or destroy any turf, tree, bush, shrub, flower, plant or other thing;
(b) cut any sod or turf or dig and remove any loam, sand, gravel or other substance;
(c) negligently or wilfully injure, deface or remove any seat, notice, notice board, post, chair, railing, fence, barrier or other thing erected or placed by or with the authority of the Director;
(d) post or paint any bill, placard or notice;
(e) climb any tree;
(f) wilfully obstruct any wharf, jetty, landing place, thoroughfare or walk;
(g) wilfully interfere with any authorised use of the island;
(h) throw or deposit, or cause or suffer to be thrown or deposited, any glass, bottles, litter or garbage, except into a receptacle installed by the Department for that purpose;
(i) perform, aid or abet any act or thing which may cause injury or disfigurement of the island or interfere with the lawful use or enjoyment thereof by the public.
(2)
No person shall sell or offer or expose for sale any food or any commodity on
the island without the prior permission of the
Director.
(3) No person shall
deliver or read any public lecture, prayer, sermon or address of any kind
without the prior permission of the
Director and then only at such times and
places as the Director may
permit.
(4) Any
person-
(a) contravening or failing to comply with any of the provisions of this regulation; or
(b) failing to comply with any directions of the Director under the provisions of regulation 5,
shall
be guilty of an offence and shall be liable on conviction to a fine not
exceeding $20.
----------------------------------------------------
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