Background

National Lands Commission are Quasi-judicial Tribunals which deal with land issues for both customary land and alienated land. Most of the alienated land which makes up only about three percent (3%) of land in Papua New Guinea is State Lease which is leased out to individuals and corporations as State Leases. Only a small portion of alienated land is owned by individuals and companies as Freehold. That means the remaining ninety-seven percent (97%) of Papua New Guinea land is still owned by customary landowners.

The two (2) Lands Commissions have specific roles which are mandated to them to perform by their respective legislations. The Land Titles Commission’s roles and functions are derived mainly from four (4) legislations, namely Land Titles Commission Act 1962, Land Act 1996, Land (Tenure Conversion) Act 1963 and Land Disputes Settlement Act 1975.The Jurisdictions for Review of matters and to deal with matters relating to issues concerning acquisition of land by the State from the customary landowners are derived from the Land Titles Commission Act 1962. Its jurisdiction to deal with applications for land tenure conversion is derived from the Land (Tenure Conversion) Act 1963 whereas its jurisdiction to deal with customary land the State proposes to acquire, either for lease-lease-back arrangement or for other state projects of national interests are derived from the Land Act 1996.

The National Lands Commission derives its jurisdiction solely from the National Land Registration Act 1977 and its jurisdiction is solely to deal with claims for settlement payments made by former customary landowners of those portions of land that were acquired by the State as National Land before the Independence.

NATIONAL LANDS COMMISSION

The National Lands Commission is mainly responsible for dealing with applications for claims for settlement payments submitted by former customary landowners of State Land which were acquired by the State before Independence.

There are also back-log of cases totalling up to 400 cases which have been outstanding because there were no Commissioners to hear the matters. Some were heard by previous Commissioners and referred back to the National Lands Commission after the National Court quashed the Decisions of the Commissioners on application for judicial Review by the aggrieved Parties.

Manpower Strength of the National Lands Commission

There is only four (4) staff currently on strength and there are two (2) vacant positions, and both are Commissioners positions, one of which is the Chief Commissioner’s position. Both positions were advertised and the recruitment is being done now.

PROPOSED AMALGAMATION OF LTC AND NLC WITH MAGISTERIAL SERVICES

There was a proposal for the two (2) Lands Tribunals to merge with the Magisterial Services and form a single Land Court System. The proposal was initially part of a White Paper Policy which was launched by the then Minister for Justice, Honourable Bire Kimisopa in 2005. The proposal was part of a NEC Decision which was incorporated into the White Paper.

Whilst the proposal is there and whilst it is not clear as to how the two (2) Lands Tribunals will get absorbed into the system there is certain level of uncertainty and the feelings of insecurity amongst the officers which sometimes makes the officers lose motivation to work.

In relation to the actual proposal to merge there have been some discussions held between officers from the Magisterial Services and the Department of Justice and Attorney General. But it is still early to say what form the amalgamation will take and what will be the eventual outlook of the new look Single Land Court System

Contacts

National Lands Commission
PO Box 591
WAIGANI, NCD
General Enquiries: 323 1143
Fax: 323 2822
nlc@justice.gov.pg