About land use unit formed by land use decree 2010

The three (3) W’s of the LAND REFORM in Fiji 

1) WHAT IS LAND REFORM?

It is basically about better utilization of land and equitable returns to both landowners and tenants. Land reform will however be primarily focusing on the utilization of lands that have been lying idle and under-utilized over the years. The need for Land Reform was identified during the National Council for Building a Better Fiji (NCBBF) nation wide consultation for changes to our system of government, resource, development policies and institutional reforms. The concept for change was therefore considered and was finally included as Pillar 6 of the Peoples Charter for Change. Based on this, the Land Use Decree 2010 was promulgated to provide the legal framework for this Land Reform.

Objectives of this Decree are to:-

1. Utilize designated native land in a manner that is in the best interest of native land owners
2. Utilize designated state land with a view to achieving optimal return to the government.

The Decree achieves these objectives by:-

1. Providing for the establishment of a Land Use Unit within the Ministry of Lands and Mineral Resources
2. Longer tenure of leases for a sustainable and progressive development of the natural resource sectors.
3. That all land available are leased with the purpose of providing sustainable livelihood for all parties concerned.

Designation of Land to the Land Use Unit

1. All land designated under the Decree shall be free of all encumbrances and shall not be the subject of any dispute in any court, tribunal, commission or before any other person or body exercising a judicial function
2. The ownership of all land designated under the Decree shall remain with the State or native land owners until the expiration of the lease or until such time the land is no longer required under the Decree.
3. The Prime Minister shall use his discretion to designate land for utilization under this Decree
4. There shall be a register known as the Land Use Bank keeping a record of all land utilized under the Decree.

2) WHY LAND REFORM?

1. Existing Laws pertaining to leasing of both Native Land and State Land are considered cumbersome and bureaucratic, hindering the development of the economy in general
2. Vast amount of land in Fiji are therefore lying idle and not put to productive use, contributing to our poor economic performance over the years.
3. Standard of living for the land owners has not changed; most are still living in substandard homes with poor sanitary condition, no proper water system and electricity.
4. The increasing number of people living in squatter and vakavanua settlements has become a major national challenge.
5. The principal issue regarding land in Fiji is not of ownership, but about access, productive use and ensuring an equitable sharing of benefits. The issue of ownership is well protected in the Constitution.

3) WHO WILL BENEFIT?

LAND OWNING UNITS (LOU)

1. Rentals will be higher on 10% of the UCV compared to the current 6% of the UCV
2. Full rentals will be paid to the LOUs unlike the current NLTB distribution formula.
3. Rentals will be paid to LOUs on time
4. Opportunity for native landowners to also access to more developed areas with roads, water, electricity, etc.
5. Lands are surveyed

TENANTS/INVESTORS

1. More secure tenancies because:-
2. State will be the landlord
3. Leases will be on longer terms
4. Speedy delivery of services (more customers oriented), including
5. Registration of leases
6. Zoning, etc
7. Leases will be tailor made –readily available, etc

STATE

1. More Investment
2. More employment
3. Stimulate economic activity and economic growth

KEY MEASURES:

1. Creating a market for leased lands, through sustainable lease arrangements.
2. Ensuring security of tenure and equitable returns to both land owners and tenant through a market based frame work.

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Land Use Bank

 

1. The Land Use Division of the Ministry of Lands & Mineral Resources is a new unit establish to manage the Government Land Reform Programme in accordance with Land Use Decree 2010.
2. This new unit is based at the second floor of the Civic House next to the new Suva Town Hall, ph: 3681415
3. A primary role of the Land Use Division is to develop a Land Use Bank to facilitate the efficient leasing of lands which are currently idle and un-utilized under terms and conditions which are attractive to both the landowners and tenants.
4. The Land Use Bank is currently being developed and work is in progress in identifying idle and under-utilized lands to be deposited in the Bank. Land information with the Bank should include soil suitability, land ownership, valuation, topography and other relevant datasets.

All lands deposited in the Bank must be free from any encumbrances and should not be the subject of any dispute in any court, tribunal, commission, or before any other person or body exercising a judicial function.

• Lands designated by the Prime Minister to be stored in the Land Use Bank will be administered by the Land Use Unit.

The Director of Lands has been given the power, under the Land Use Decree to:-

• Issue Leases
• Collect Rentals
• Distribute rentals…...

…..of all lands store in the Bank irrespective of their ownership status.

The Land Use Division is headed by a Director who will report directly to the Permanent Secretary for Lands & Mineral Resources in his capacity as Chairman of the Land Reform Executive Council (LREC) which is used to be the Committee for Better Utilization of Land (CIBUL).

 

The Division has experts in Surveying, Valuation, Land Use and GIS & Mapping, and will work in close coordination with the Divisional Commissioners, NLTB, Government Departments/Ministries, and Statutory Organizations in undertaking its tasks.

Some Questions ?

Question 1

What will be the role of NLTB now?

Answer

NLTB will continue to perform its role under the Native Land and Native Land Trust Act.

Question 2

Can NLTB issue more new leases?

Answer

Yes.....It will be up to individual LOUs to decide where to take their land to. To the NLTB or to the Land Use Division under this new arrangement.

 

Some Important Points to be Noted in this new Arrangement are:-

1. Ownership of land shall remain with the State or Native Land Owners, depending on whether it is State or native land.
2. Decision of the LOUs will be respected and the land given to the Land Use Bank will be utilized in their best interest
3. Government Land Reform initiative is for the betterment of the LOUs, tenants and the nation as a whole.
4. NLTB– Leases will continue to be administered under the Native Land and Native Land Trust Act.
5. Land Use Division– Leases will be administered under the Land Use Decree 2010.

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Contact Land Reform

 

All queries regarding the Land Use Bank should be directed to:

The Director Land Use Division.

2nd Floor, Civic House,

Suva .

Phone: 3309925/3309926

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