Bill to separate lease and custom land

Parliament will debate the Custom Land Management (Amendment) Act No. of 2025, in its extraordinary session this week.

This amendment aims to solve long-standing problems in how custom land is managed in Vanuatu.

The Minister of Justice and Community Services will present the Bill that makes changes to the Custom Land Management Act No. 33 of 2013 to fix confusion caused by overlapping laws and unclear roles between different government departments.

One of the main goals is to make land processes simpler and clearer. At the moment, several land laws are mixed together, such as the issuing of negotiator’s certificates, identifying custom landowners, and creating land leases. This has caused delays and confusion.

Under the new amendment, the Custom Land Management Office (CLMO) will no longer be responsible for identifying custom landowners when someone applies for a negotiator’s certificate.

Instead, the CLMO’s role will be limited to helping with the identification of landowners and use rights before the application goes to the Department of Lands.

The Bill also aims to return power to traditional systems when it comes to solving land disputes.

In 2013, changes to the Constitution recognized nakamals and Area Land Tribunals as the final authorities on custom land ownership.

However, the original law required these groups to make decisions only if all members agreed, which slowed things down.

The bill removes this rule and allows decisions to be made according to local custom, speeding up the process and supporting traditional ways of decision-making.

Another important change is the creation of a National Registry for customary land.

Currently information about custom landowners is kept under a different law that makes it hard to update.

The new registry will keep up-to-date records of land interests, disputes, and landowner representatives. It will be managed by a National Coordinator and help those applying for negotiator’s certificates by providing reliable information.

The Bill also removes the role of community land officers. These officers were introduced in 2013 without proper planning.

They were usually full-time public servants like teachers or police officers

expected to do land duties for free. This caused problems and risks, so the government has decided to delete all parts of the law that mention them.

The amendment also includes other changes such as updating legal definitions, removing sections of the old law, and adding new rules for how decisions are made, how disputes are resolved, and how landowner representatives are chosen or changed.

One of the most important changes is a clear process for appointing and replacing landowner representatives, with meetings organized and recorded by custom land officers.

This amendment is an important step toward making Vanuatu’s land laws better match traditional systems. By supporting custom leadership, creating a national land record, and removing unrealistic legal rules, the Bill brings land management back in line with Vanuatu’s culture and practical needs.

The new law will take effect once it is published in the official Gazette. Government departments and custom authorities are now preparing to carry it out.

These changes are expected to make land matters clearer, reduce conflicts, and build more public trust in how land is managed in Vanuatu.

terence@dailypost.vu