| Coming into Force | 05 June 1975 |
| Published date | 05 June 1975 |
| Revision Date | 01 October 2021 |
| Year | 1975 |
| Type of Document | Current Version |
[Land Disputes Settlement Act (Chapter 45) consolidated to No 10 of 2000. Contains uncommenced 1976 provisions]
INDEPENDENT STATE OF PAPUA NEW GUINEA.
CHAPTER No. 45.
Land Disputes Settlement Act.
Being an Act to provide for the settlement of disputes in relation to interests in customary land, and for related purposes.
The purpose of this Act is to provide a just, efficient and effective machinery for the settlement of disputes in relation to interests in customary land by—
(a) encouraging self-reliance through the involvement of the people in the settlement of their own disputes; and
(b) the use of the principles underlying traditional dispute settlement processes.
In this Act, unless the contrary intention appears—
"agreement" means an agreement between the parties to a dispute that has been recorded under Section 18(1)(b);
"dispute" means a dispute to which, in accordance with Section 3, this Act applies;
"Division" means a Land Mediation Division;
"interest" includes any interest in land of whatsoever nature that is recognized by the custom of the people of the area in which the land is located;
"land" means customary land, and includes—
(a) a reef or bank; and
(b) a house or other structure built on land or over water; and
(c) things growing on land or in water over land, earths and minerals on or under land; and
(d) an interest in land;
"Land Mediation Area" means an area declared to be a Land Mediation Area under Section 9;
"Land Mediation Division" means an area declared to be a Land Mediation Division under Section 10;
"Land Mediator" means a Land Mediator appointed under Section 11;
"Local Land Court" means a Local Land Court established under Section 21;
"Local Land Magistrate" means a Magistrate of a Local Land Court appointed under Section 22;
"party" means a party to a dispute to which this Act applies, and includes—
(a) a customary kinship group; and
(b) a customary descent group; and
(c) a customary local group or community;
"the provincial authority", in relation to a province, means—
(a) the provincial government body for the province; or
(b) where there is no such provincial government body, the Area Authority for the province; or
(c) where there is no provincial government body or Area Authority, the Provincial Co-ordinating Committee for the province;
"Provincial Co-ordinating committee", in relation to a province, means the body by that name established for the province by the Government to co-ordinate governmental activities;
"Provincial Land Court" means a Provincial Land Court established under Section 45;
"Provincial Land Disputes Committee" means a Provincial Land Disputes Committee established under Section 5;
"Provincial Land Magistrate means a Provincial Land Magistrate appointed under Section 46;
"the regulations" means any regulations made under this Act;
"this Act" includes the regulations;
"Village Peace Officer " means a Village Peace Officer appointed under the Village Courts Act 1989.
(1) Subject to Subsection (2) and to Section 4, this Act applies to disputes as to interests in customary land, or as to the position of boundaries of any customary land.
(2) Nothing in this Act applies to a dispute—
(a) as to whether land is or is not customary land; or
(b) to which Part IV. of the Land Groups Incorporation Act applies.
(1) Where the Head of State, acting on advice, is of the opinion that special circumstances exist that require a dispute to be settled by means other than those provided by this Act, the Head of State, acting on advice, may, by notice in the National Gazette, declare that this Act does not apply to the dispute.
(2) Without limiting the generality of Subsection (1), the matters that may be taken into account in determining whether special circumstances exist within the meaning of that subsection include the following:—
(a) that the dispute is of long standing and that previous attempts at mediation have failed; and
(b) that the dispute has already resulted in serious breaches of the peace; and
(c) that there is no possibility of agreement being reached between the parties to the dispute; and
(d) that it is in the national interest that the dispute be settled in some other manner.
(3) The Head of State, acting on advice, may, by regulation, determination or order, make provision for the settlement of a dispute to which Subsection (1) applies.
(1) A Provincial Land Disputes Committee is hereby established for each province.
(2) A Provincial Land Disputes Committee shall consist of—
(a) the senior Provincial Land Magistrate in the province, who shall be Chairman; and
(b) the Provincial Commissioner, or a Deputy Provincial Commissioner nominated by the Provincial Commissioner; and
(c) an officer of the Department appointed by the Departmental Head; and
(d) two persons appointed by the provincial authority.
(3) The provincial authority shall cause a notice of the appointment of members under Subsection (2)(d) to be published in the National Gazette.
(4) Before a provincial authority appoints an officer to the Provincial Land Disputes Committee, it must obtain the written approval of his Departmental Head.
(5) A Departmental Head may withdraw an approval given by him under Subsection (4), and thereupon the officer concerned ceases to be a member of the Committee.
(6) Subject to Subsection (5), a member of a Committee appointed under Subsection (2)(d) holds office during the pleasure of the authority.
(1) A Provincial Land Disputes Committee shall meet at such times and places, as in the opinion of the Chairman, are necessary for the efficient conduct of its affairs.
(2) At a meeting of a Committee—
(a) three is a quorum; and
(b) the Chairman, or in his absence, a member elected by the members present shall preside; and
(c) all matters arising shall be decided by a majority of the votes of the members present and voting; and
(d) the person presiding has a deliberative and, in the event of an equality of votes on matters, also a casting vote.
(3) A Committee shall cause minutes of its meetings to be kept.
(4) The exercise or the performance of any function of a Committee shall not be invalidated by...
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