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Land Leases (Amendment) Act 2013

REPUBLIC OF VANUATU


LAND LEASES (AMENDMENT) ACT NO. 32 OF 2013


Arrangement of Sections


1 Amendment
2 Commencement


________________________


REPUBLIC OF VANUATU


Assent: 16/01/2014
Commencement: 20/02/2014


LAND LEASES (AMENDMENT) ACT NO. 32 OF 2013


An Act to amend the Land Leases Act [CAP 163].
Be it enacted by the President and Parliament as follows-


1 Amendment
The Land Leases Act [CAP 163] is amended as set out in the Schedule.


2 Commencement
This Act commences on the day on which it is published in the Gazette.


_____________________


SCHEDULE
AMENDMENTS OF THE LAND LEASES ACT [CAP 163]


1 Section 1
Insert in their correct alphabetic positions:


“custom owners” means any lineage, family, clan, tribe or other group who are recognised by the rules of custom, following the custom of the area in which the land is situated, as the perpetual owners of that land and, in those custom areas where an individual person is regarded by custom as able to own custom land, such individual person;


“National Coordinator” means the National Coordinator of Land Dispute Management under the Custom Land Management Act No. 33 of 2013;


“recorded interest in land” is an interest in land creander the Custom Land Manageanagement Act No. 33 13.


2 Section 1 (Definition of “interest”)

(a) After “aa” insert “recorded interest nd,”<221;


(b) After “meaning” insert “and includes custom owners”


3 Section 1 (Definition of “land”)
After “working” insert “and does not include any rights to the foreshore or any waters adjacent to the land”


4 Section 1inition ofon of “lessor”)
After “person” insert “or custom owner group”


5 Paragraph 2(d)
Delete “and”


6 Paragraph 2(e)
Repeal the paragraph, substitute


“(e) an index, in alphabetical order, and file of powers of attorney; and


(f) the names of all custom owners identified in a recorded interest in land.”


7 Section 9
Repeal the section, substitute


9. Immunity

(1) The Dir or any other staff of thef the Department of Land are not liable for anything done or omitted to be done in good faith in exercising his or her functions or powers under this Act.


(2) Subsection (1) does not apply, if it is proven that the Director or any of his officers acted in bad faith or in derelicti their duti duties or exercise of their powers under this Act.”


8 After paragraph 17(c)
Insert

“(ca) any classification as national heritage of any site under the Preservation of Sites and Artifacts Act [CAP 39];”


9 Section 35br>Repealepeal the section, substitute


“35. Registration of leases&#16>

(1

(1) A lfor a term term exceeding 3 years or which ins an option where the lessee may require uire the lessor to grant him or her a further term or terms which, together with the original term, exceeds 3 years must be in the prescribed form and is to be completed by:


(a) opening a register in respect of the lease e name name of the lessee; and


(b) filing the lease

(2) To avoid doubt the original term and the option to renew must not exceed 75 years.”


10 Paragraph 39(3)(b)
Repeal the paragraph.


11 After section 10
InserInsert


“100A Recorded interest in land

(1) The Directorhe Court unrt under section 99 o may afay after complying with the procedures set out in those sections rectify the register in anner specispecified in those sections based on a recorded interest in land provided for under the Custom Land Management Act No. 33 of 2013.


(2) For the purposes of reaching a decision under section 99 or 100, a certificate from the National Coordinator of the names of custom owners and their appointed reptatives is s is evidence of the recorded interest in land.


(3) In addition to subsection (2), the Director or the Court must be satisfied that the certificate provided to them undet subsection has been produproduced after complying with the provisions of the Custom Land Management Act No. 33013 in rein relation to the identification of custom owners.”


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URL: http://www.paclii.org/vu/legis/num_act/lla2013183