Native Lands Act (Cap. 46.20).
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
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.
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.
Attached files
Web site
Long title of text
An Act relating to native land and registration of title thereto.
Notes
Consolidated version of Ordinance No. 5 of 1956 as at 31 December 2008 and amended last by Act No. 7 of 2006.
Repealed
No
Serial Imprint
Laws of Tuvalu Revised Edition 2008.
Source language
English
Legislation Amendment
No
Amended by