Around 97 per cent of land in Papua New Guinea is customary land, held by clans under custom and recorded nowhere. Part IIIA of the Land Registration Act creates a voluntary route to putting some of it on the Register — without converting it into State land.
Sections 34A to 34C — the Director
The Minister may, by notice in the National Gazette, appoint a Director of Customary Land Registration and such Deputy Directors as necessary. The Director is responsible for dealing with applications for customary land registration.
The Director’s powers under section 34B(2) are substantial:
- require any person to produce documents relating to land or a dealing in land;
- summon any person to give information or explanation;
- screen, vet, verify and ensure compliance with all legal requirements for registration;
- administer oaths, take statutory declarations, and require verification on oath;
- enter upon land, personally or by agent, for purposes connected with the Act; and
- order costs of an investigation or hearing to be borne by such persons and in such proportions as he thinks fit.
Refusing or neglecting to produce documents or to appear, knowingly misleading or deceiving the Director, making a false oath or declaration, wilfully obstructing entry onto land, or wilfully refusing to pay ordered costs — each is an offence carrying imprisonment for up to two years or a fine up to K2,000, or both.
A Deputy Director exercises the duties, powers and functions assigned by the Director, and anything done by a Deputy has the same force and effect as if done by the Director.
Section 34D — only an ILG may apply
Subject to this Act, representatives of the Incorporated Land Group may apply to the Director, in the prescribed form, for registration of ownership of customary land or of an interest in customary land.
This is the gateway, and it is narrow. An individual cannot apply. A clan that has not incorporated cannot apply. The group must first be an Incorporated Land Group under the Land Groups Incorporation Act, which gives it a legal identity, a membership, a constitution and a decision-making process.
The application must include a registration plan.
Sections 34E and 34F — investigation and the Registration Plan
The Director investigates, consulting representatives of such customary groups as are necessary to verify the identity and the boundaries of the parcels claimed.
On completing the investigation the Director prepares a Registration Plan showing:
- (a) the land or parcels owned absolutely under customary tenure by the customary group, including the boundaries; and
- (b) the names of individuals or customary groups which have established derivative interests in the land, with the boundaries of those parcels and the nature of the interest.
Paragraph (b) matters enormously in practice. Customary land is layered — one group may own the ground while others hold rights to garden, to take sago, to fish or to pass over it. The Registration Plan records those derivative interests and their nature, rather than sweeping them away.
For subsection (1)(a), the Director shall concern himself only with the area determined as being in the ownership of the Clan.
Sections 34G to 34I — publication and objection
On accepting a Registration Plan the Director must, as soon as practicable, forward a copy to the Regional Surveyor and give notice to the public indicating:
- where the Registration Plan may be examined;
- the procedure for objecting to its contents; and
- the period — not more than 90 days — within which an objection can be made.
The Director must advertise that notice in such manner as he considers appropriate to bring it to the attention of all persons who may have an interest in the land.
An objection must be in writing, within the period specified, and must state whether the objector acts personally or as a representative of a customary group; which matters in the Plan are objected to; which areas are affected; and the grounds. A neighbouring clan that misses the window will find the Plan finalised without its input.
Meanwhile the Regional Surveyor prepares, where necessary, an Adjusted Registration Plan showing the situation of the parcels, any reservation or easement acquired for public purposes by the State, and any right, title or interest granted by the State.
Section 34J — the Final Registration Plan
Once the objection period has expired and the Plan has been adjusted by the Regional Surveyor where necessary, the Director prepares the Final Registration Plan, taking into consideration the original Registration Plan, the Adjusted Registration Plan, and any objection made.
What registration does — and does not do
| Registration does | Registration does not |
|---|---|
| Record the group’s ownership and the boundaries | Convert the land into State land |
| Record derivative interests and their nature | Extinguish customary rights |
| Give the group a documented, searchable title | Remove the need for the group to act through its ILG |
| Make dealings and financing more practicable | Displace section 132 of the Land Act for unregistered customary land |
Registration under Part IIIA is voluntary. It is a different route from tenure conversion under the Land (Tenure Conversion) Act 1963, and from lease-leaseback under section 11 of the Land Act.
Incorporate the land group properly first — membership, constitution, dispute rules and authorised representatives. Get the boundaries walked and agreed with neighbouring clans before the Plan is prepared, because that is where objections come from. Make sure the derivative interests of your own members are recorded under section 34F(1)(b). And take independent advice for the group.
Sources
- Land Registration Act (Chapter 191) — Part IIIA, ss 34A–34J
- Land Groups Incorporation Act — PacLII 1986 Revised Edition
- Land Groups Incorporation (Amendment) Act 2009 and 2018
- Land Registration (Amendment) Act 2009
- Land Disputes Settlement Act (Chapter 45)
Part IIIA was inserted by amendment; PacLII carries the principal Act in its 1986 Revised Edition. Read the amending Acts alongside it and confirm commencement before relying on a section number.
Before relying on anything here, read the current text of the Land Act 1996 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.