What Is the Land Board and What Does It Do?

Almost every State lease in Papua New Guinea passes through the Land Board. Part VII of the Land Act 1996 establishes it and sets out how it works.

Section 55 — composition

A Land Board is established, consisting of a Chairman and such other members as are appointed in accordance with the Regulatory Statutory Authorities (Appointment to Certain Offices) Act 2004.

In addition, the Minister may by notice in the National Gazette:

• appoint further members for such periods, to act in relation to land in particular localities or in respect of certain types of State lease, as he thinks necessary — and such a member has all the powers and functions of a member; and
• appoint Deputy Chairmen. In the Chairman’s absence from a meeting, a Deputy Chairman nominated by the Chairman has and may exercise all the Chairman’s powers for that meeting.

Under section 56, the Chairman, a Deputy Chairman or a member must take an oath or make an affirmation in the approved form before entering on duty, before the Minister or a person appointed for the purpose. This does not apply to a public servant appointed to the Board.

Section 57 — what the Board does

Under section 71, the Board shall hear all applications for State leases, shall recommend to the Minister the persons (if any) to whom leases should be granted, and may make such other recommendations as it considers proper.

Section 72 lists the cases where the Minister may grant a lease without referring the matter to the Board — including leases over land that has been the subject of a declaration under section 111, and leases granted under sections 99 and 102.

Section 58 — notice, and your chance to object

The timetable is precise, and it is the whole of a member of the public’s opportunity to be heard.

1. At least seven days before a meeting, the Chairman must publish in the National Gazette a list of the applications and other matters to be considered and the lands to be dealt with.
2. The Chairman must notify by post every person who, in his opinion, is interested in an application or matter, of the date it will be considered.
3. The meeting must be held not less than seven nor more than 42 days after that publication.
4. The Board deals with the applications, hears any objections, and reports to the Minister within 14 days.

Conduct of meetings

• Quorum: three members, one of whom is the Chairman or a nominated Deputy Chairman.
• The Chairman or nominated Deputy Chairman presides.
• Matters are decided by majority of votes of the members present.
• The person presiding has a deliberative and, on an equality of votes, a casting vote.
• The person presiding shall exclude any or all members of the public where he thinks it necessary, or where directed by the Chairman.

The Chairman causes meetings to be held as he thinks necessary.

Section 63 — the report to the Minister

A report or recommendation of the Board is referred to the Minister — if no appeal is made, at the expiration of the 28-day appeal period; if an appeal is made, after it is determined.

The Minister shall, if he disagrees with a report or recommendation — and may for any other reason —

• (a) refer the matter back to the Board for re-hearing, the taking of fresh evidence, a further or additional report, or otherwise; or
• (b) refer the matter to the National Executive Council.

The decision of the Head of State, acting on advice, on a matter referred to the NEC is final.

Section 64 — alienation of Government land

Government land shall not be alienated otherwise than under this Act or another law. And land that is the property of the State solely by virtue of section 4(1) shall not be alienated or otherwise dealt with under the Act unless section 5 has been complied with — that is, unless the declaration procedure, with its three-month window for a customary claim, has been followed.