FIJI ISLANDS
[Legal Notice No.12]

NATIVE LAND TRUST ACT

(CAP. 134)

NATIVE LAND TRUST (LEASES AND LICENCES) (AMENDMENT) REGULATIONS 2006

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

Short title and commencement

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.

Schedule 3 substituted

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

"SCHEDULE 3

Part 1 - Fees and Charges

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.”.	

Dated this 2nd day of March 2006.

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

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