Drafting Instructions Presentation to the Ministry of Natural Resources, Government of the Turks and Caicos Islands By Professor Tom Johnson York University and Terra Institute October 16, 2007 ©2007 Tom Johnson

Crown Land Policy  Government Objectives clause 14 of Crown Land Policy “Government will take the necessary actions to draft and pass legislation to regulate, the inventory, allocation, pricing and management of Crown Land. This will ensure that the current policy of equitable allocation and sustainable use of Crown Land is effective in the long-term, and not easily modified by future Cabinet decisions or future political mandates. Therefore, the establishment of a Crown Land Ordinance will go a long way to empower, sustain and protect the rights of the Belonger community well into the future.”

Crown Land Policy  Objectives: “It is … important that administrative rules and standard practice concerning Crown Land allocation, pricing and management which have been evolving over the years, be consistent with addressing the needs of economics and social development while at the same time preserving the environment, TCI’s greatest asset. This Crown Land Policy is formulated to provide long-term benefits to Belongers; both in terms of increasing their role in commercial land development and helping them gain access to land for residential use.”

Overview:  Drafting instructions Process – Crown Land Policy

Principles  In order to safeguard the obligations imposed on the Governor, the Minister, public authorities and public officers involved in grants of Crown lands, all conflicts of interest should be declared; and  All procedures for the control, management and allocation of Crown lands should comply with the principles of due process, fairness, transparency and natural justice.

Draft:  Division of the Proposed Legislation: 11 Parts  Crown Land Policy

Part I. Preliminary:  Standard : short title and interpretation provisions Affirmation as to party in whom Crown land is vested Default provision:  all land that has not been the subject of a grant by the Crown, and for which no folio exists in the Land Register established under the Registered Land Ordinance, shall be deemed to be Crown land.

Part II. Organization and Administration:  Establishes the Crown land department  Provides for the appointment of the Commissioner of Crown Lands  Provides for the powers and duties of the Commissioner and his or her staff  Register of Crown Land

Part III. Acquisition of Crown Land  Basically, affirms that the powers, duties and procedures provided for in the Land Acquisition Ordinance are to be used by the Commissioner when acquiring land for public purposes  Need to review the provisions of the Land Acquisition Ordinance and amend to take account of the Crown land unit

Part IV. Management of Crown Land  Provides for the establishment of the Crown Land Register referred to in Clause 17 of the Crown Land Policy

Part V. Disposal of Crown Land  Provides orderly and transparent process for the disposal of Crown land  Key features: Incorporates the provisions of Part V of the Physical Planning Ordinance, Incorporates regulations and forms for that Part, with modification where appropriate. All applications would go to the Board for development permission first before grant Board considers application in light of National Development Plan and other matters listed in PPO, etc Board makes recommendation to Minister etc

Part VI: Belongers’ Discount  Part VI provides for the various discounts available to Belongers, as outlined in Clauses 2, 3, 4, 5 and 7 of the Crown Land Policy  Separate Part from “Disposal” provisions Disposal provisions would apply to disposal of any Crown land to any grantee whereas the discount provision for Belongers is unique to that class of citizens Probably necessary because of Constitutional issues

Part VII: Squatters and Non- Complying Tenants  Provides the power and duty, and the enforcement mechanisms, for removal of squatters and non-complying tenants from Crown land, as outlined in Clause 12(b) of the Crown Land Policy  Empowers Commissioner to remove those in illegal possession  Magistrate’s Court  Appropriate appeal provisions

Part VIII: Crown Land Tribunal  Provides for establishment of Crown Land Tribunal to deal with matters arising during the administration of the proposed Ordinance.  A right of appeal from this Tribunal to the Supreme Court would also be provided  First line of appeal to the Commissioner

Part IX: Offences, Penalties and Remedies  Provides a general provision regarding offences  Lists specific offences  Provides for criminal sanctions and civil remedies for contravening the provisions of the proposed Ordinance.  Model after Physical Planning Ordinance and National Parks Ordinance  Recommendation: penalties contained in these Ordinances should be reconsidered, in order to make them meaningful given the value of land in Turks and Caicos today

Part X: Miscellaneous  Miscellaneous provisions including: public rights of way Concessions appropriate court to be used for issues arising from the administration of Crown land procedures for notice transitional procedures if any power to prescribe regulations, and so on

Part XI: Amendment or Repeal Provisions  Standard Provide for consequential amendments and repeal of legislation  The Constitution, S.I. 2006/1913;  The Immigration Ordinance, Chapter  The Registered Land Ordinance, Chapter 72;  The Physical Planning Ordinance, Chapter 73;  The Land Survey Ordinance, Chapter 74;  Land Acquisition Ordinance, Chapter 78;  The Minerals (Exploration And Exploitation) Ordinance, Chapter 79;  The National Parks Ordinance, Chapter 80; and  The National Trust Ordinance, Chapter 81, Effective date, etc

Not included from Crown Land Policy  Clause 20: National Physical Development Plan This clause is implicitly precatory, and is in the form of a statement. Presumably it will be completed before the draft Ordinance is ready for the House of Assembly, and at that time can be incorporated by reference into most of the Parts of the draft bill

Questions? 