Native Land Trust Act - Native Land Trust (Leases and Licences) (Amendment) Regulations 2006

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IN exercise of the powers conferred upon me by section 33 of the Native Land Trust Act, I make these Regulations –

1. These Regulations may be cited as the Native Land Trust (Leases and Licences) (Amendment) Regulations 2006, and come into force on the 15th day of March 2006.

2. The Native Land Trust (Leases and Licences) Regulations are amended by revoking Schedule 3 and substituting the following Schedule –

New Lease	Agriculture/ Residential	Commercial/ Industrial	Tourism	Fijian- Eco-Tourism	Forestry/ Gravel/ Mining	Special Leases & Other Land Development Project	Concessions

(A) Lease/License

Application	56.25	112.50	562.50	112.50	562.50	562.50	562.50
Processing	1125.50	2250.00	5906.25	1125.50	2250.00	5906.25	5906.25
Documentation	281.25	281.25	1125.00	562.50	562.50	562.50	562.50
Dereservation	281.25	562.50	2250.00	562.50	562.50	1125.00	1125.00
Late Compliance	If 1 month late than 5% of initial fees charged and 2 months or more 10% of initial offer
Lease Administration	56.25	56.25	562.50	56.25	56.25	56.25	562.50

(B) Dealings

Mortgage	112.50	225.00	1125.00	112.50	N/A	562.50	562.50
Transfer	112.50	225.00	1125.00	112.50	N/A	N/A	562.50
Subletting	112.50	225.00	1125.00	112.50	N/A	N/A	562.50
Miscellaneous	112.50	225.0	1125.00	112.50	225.00	225.00	562.50

(C) Extension/ Renewals

APPLICATION	56.25	112.50	562.50	112.50	562.50	562.50	562.50
Processing	1125.50	2250.00	5906.25	1125.50	2250.00	5906.25	5906.25
Documentation	281.25	281.25	1125.00	562.50	562.50	562.50	562.50

(D) Variation

Application	56.25	56.25	562.50	56.25			562.50
Processing	112.50	112.50	1125.00	562.50			562.50
Documentation	112.50	112.50	562.50	112.50			562.50

(E) Surrender

Application	56.25	56.25	562.50	56.25			562.50
Processing	562.50	562.50	1125.00	562.50			1125.50

Documentation	281.25	281.25	562.50	112.50			281.25

(F) Arrears

Collection Fee	168.75	168.75	562.50	168.75	168.75	168.75	168.75
Interest	12% pa	12% pa	12% pa	12% pa	12% pa	12% pa	12% pa

(G) Miscellaneous

Search Service	56.25	56.25	1125.00	56.25	56.25	56.25	562.50
Water Meter Connection Fee	33.75	33.75	1125.00	56.25	N/A	N/A	N/A
FEA Meter Connection Consent Fee	33.75	33.75	1125.00	56.25	N/A	N/A	N/A
Building Consent Fee	112.50	225.00	1125.00	562.50	N/A	N/A	1125.00
Penalty Fees for Breach of Conditions	2953.12	2953.12	11812.50	5906.25	5906.25	5906.25	11812.50
Photocopy Fee	0.50/copy	0.50/copy	0.50/copy	0.50/copy	0.50/copy	0.50/copy	0.50/copy

(H) Court Action/Tribunals

Costs Amounts subject to the Legal Practitioner's Act or Order of any court action/tribunal.

(I) Survey

Instruction Fee	112.50	112.50	225.00	112.50			112.50
Approval Fee	112.50	112.50	225.00	112.50			112.50

(J) Improvements Compensation

Processing Fee	1125.50	225.00	562.50	112.50			562.50

(K) Finance/Trust

Advance Fee	20.00
Credit Note Request Fee	5.63/copy
Income Statement Fee	3.00
Rent Distribution Fee	250.00
Other – dishonoured cheque	60.00
Others	A fee to commensurate with the work involved.

(L) Spatial Information Unit

Locality Plans
A4 – 80GSM	18.50
A4 – 120GSM	18.70
A3 – 80GSM	19.00
A3 – 120GSM
Land Tenure Map
80GSM	60.91
120GSM	65.00
Others	To commensurate with work involved

Part 2 - Clarification on the nature of the work involved in respect of Part 1 are as follows -

TYPE OF FEES				NATURE OF WORK INVOLVED

(A) LEASE/LICENSE
1.	Lease Application			For the receipt, perusal and acceptance of application a Lease, Instrument of Tenancy Approval to Lease, License.
2	Processing			For processing application including the opening of a case; preparation of sketch plans, confirmation of availability of land; verification of native owners consent, physical inspection travelling expenses to site to attend to inspection, confirmation of native owners view and consent verification.
3.	Documentation Fee			For the preparation of letter offer; drafting legal documents for execution by the parties; perusal of documents; stamping and registration.
4.	Lease Administration			For maintenance of leases and administrative costs for the year.
(B) DEALINGS
5.	Consent Fee			Mortgage – for processing application including perusal of application for mortgage; processing of application.
				Transfer – for processing application including perusal of application for transfer; Processing.
				Subletting – For perusal of application for subletting, processing of application; inspection
				Miscellaneous – for processing of application including the perusal of any other application to a matter which amounts to a dealing.
(C) EXTENSION/RENEWAL
6.		Application Fee		For acceptance; perusal and consideration of application for renewal of any Lease, License or any agreement.
7.		Processing Fee		For processing application, including confirmation of Native Owners consent; Travelling and inspection of site
8.		Documentation Fee		For drafting renewal document; perusal; stamping and registration.
(D) VARIATION
9.			Application Fee	For the receipt of any request to vary any condition of lease
10.			Processing Fee	For processing application
11.			Documentation	For drafting various documents for extension by both parties.
(E) SURRENDER
12.			Application Fee	For receipt and acceptance of application
13.			Processing Fee	For processing application including inspection.
14.			Documentation	For drafting surrender document, stamping and registration
(F) ARREARS
15.			Collection Fees	For work and task performed in any effect to recover arrears.
(G) MISCELLANEOUS
16.			Approval Fee	For approval or endorsement of any building plans
17.			Search Fee	For the conduct of the search of title pursuant to any application or matter for a tenant
18.			Service Fee	For the issue of certified copy, photocopy and advertising
19.			Provisional Approval Fee	For receipt of any application for issue of Certified Copy, Lost PAN, Agreement for Lease, Instrument of Tenancy, Extension, Provisional Title.
20.			Processing Fee	For processing application including advertising, Notification, Drafting and Executing Statutory Declaration
(H) COURT ACTION/TRIBUNALS
21.			Costs	For any action taken pursuant to any court action or tribunal.
(I) SURVEY
22.			Instruction Fees	For perusal survey agreement, preparation of Survey Instruction with sketch of boundaries.
23.			Approval Fee	Perusal of survey plan, consultation and resolution, site inspection and approval of plan.
(J) IMPROVEMENT/COMPENSATION
24.			Processing Fee	For processing of and claim for compensation for improvements including, consultation, site inspections.
(K) FINANCE/TRUST
25.			Advance Approval Fee	For processing any application for advance, documentation, attendance to NLC for the confirmation of membership.
26.			Credit Note Request Fee	For attendance to request for any Credit Note
27.			Income Statement Request Fee	For attendance to request for Statement of income
28.			Rent Distribution Fee	For attendance to special request for distribution of rent, royalty etc, including travelling
29.			Other Dishonored Cheque	Attendance of tenant to recover dishonoured cheques.
30.			Others	A fee to commensurate with the work involved.
(L) SPATIAL UNIT
31.				For collecting, maintaining and managing data, computerizing existing hard copy data into digital format and for supplying the user at the time of service.”.

L. QARASE
Prime Minister and Minister for Fijian Affairs, Culture and Heritage

Fiji Subsidiary Legislation

Native Land Trust Act - Native Land Trust (Leases and Licences) (Amendment) Regulations 2006