republic of vanuatu

LAND LEASES (AMENDMENT) ACT NO. 32 OF 2013

Arrangement of Sections

1 Amendment
2 Commencement

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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. 

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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 created under the Custom Land Management Act No. 33 of 2013.

2 Section 1 (Definition of “interest”)
(a) After “a” insert “recorded interest in land,”

(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 1 (Definition 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 Director or any other staff of 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 dereliction of their 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 35
Repeal the section, substitute

“35. Registration of leases 
(1) A lease for a term exceeding 3 years or which contains an option where the lessee may require 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 in the 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 100
Insert

“100A Recorded interest in land
(1) The Director or the Court under section 99 or 100 may after complying with the procedures set out in those sections rectify the register in the manner specified 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 representatives 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 under that subsection has been produced after complying with the provisions of the Custom Land Management Act No. 33 of 2013 in relation to the identification of custom owners.”