Native Lands Act (Cap. 46.20).

https://www.fao.org/faolex/results/details/en/c/LEX-FAOC099659

Resource information

Resource Language

English

ISBN / Resource ID

LEX-FAOC099659

License of the resource

Copyright details

© FAO. FAO is committed to making its content freely available and encourages the use, reproduction and dissemination of the text, multimedia and data presented. Except where otherwise indicated, content may be copied, printed and downloaded for private study, research and teaching purposes, and for use in non-commercial products or services, provided that appropriate acknowledgement of FAO as the source and copyright holder is given and that FAO's endorsement of users' views, products or services is not stated or implied in any way.

This Act provides for title and registration of rights in native land.The Act consists of 65 sections divided into 9 Parts: Preliminary (I); Titles to native land (II); Alienation (III); The Land Court (IV); Lands Code (V); Leases (VI); Survey (VII); Penalties (VIII); General (IX).Section 4 concerns indefeasibility of title of native title subject to specified conditions. Subject to the provisions of this Ordinance native land shall not be alienated, whether by sale, gift, lease or otherwise, to a person who is not a native (sect. 5). There is established within the area of authority of each local government council a land court and each court shall have a registrar. A Lands Courts Appeals Panel is established for appeal in first instance on judgments issued by land courts. The court shall hear and adjudicate in accordance with the provisions of the Lands Code or, where the Code is not applicable, the local customary law, all cases concerning land, land boundaries and transfers of titles to native land registered in the registers of native lands and any disputes concerning the possession and utilisation of native land. The court shall adjudicate on all cases brought before it concerning the determination of native customary fishing rights. Part VI concerns approval, registration, transfer, etc. of native leases.

Implemented by: Lands Courts (Fees) Regulations (Cap. 46.20.1). (2008-12-31)
Implemented by: Native Lands Leases Regulations (Cap. 46.20.3) (2008-12-31)
Implemented by: Administration of Native Estates Regulations (Cap. 46.20.4) (2008-12-31)
Implemented by: Native Lands Forms Regulations (Cap. 46.20.5). (2008-12-31)
Implemented by: Tuvalu Lands Code (Cap. 46.20.2). (2008-12-31)
Amended by: Native Lands (Amendment) Act 2016 (No. 13 of 2016). (2013-01-01)

Legislation