Native Land Trust (Leases and Licences)(Amendment) Regulations (L.N. No. 12 of 2006)

Native Land Trust (Leases and Licences) (Amendment) Regulations 2006 FIJI ISLANDS [Legal Notice No.12] NATIVE LAND TRUST ACT (CAP. 134) NATIVE LAND TRUST (LEASES AND LICENCES) (AMENDMENT) REGULATIONS 2006 IN exercise of the powers conferred upon me by section 33 of the Native Land Trust Act, I make these Regulations – Short title and commencement 1. These Regulations may be cited as the Native Land Trust (Leases and Licences) (Amendment) Regulations 2006, and come into force on the 15th day of March 2006. Schedule 3 substituted 2. The Native Land Trust (Leases and Licences) Regulations are amended by revoking Schedule 3 and substituting the following Schedule – "SCHEDULE 3 Part 1 - Fees and Charges New Lease Agriculture/ Residential Commercial/ Industrial Tourism Fijian Eco Tourism Forestry/ Gravel/ Mining Special Leases & Other Land Development Project Concessions (A) Lease/License Application 56.25 112.50 562.50 112.50 562.50 562.50 562.50 Processing 1125.50 2250.00 5906.25 1125.50 2250.00 5906.25 5906.25 Documentation 281.25 281.25 1125.00 562.50 562.50 562.50 562.50 Dereservation 281.25 562.50 2250.00 562.50 562.50 1125.00 1125.00 Late Compliance If 1 month late than 5% of initial fees charged and 2 months or more 10% of initial offer Lease Administration 56.25 56.25 562.50 56.25 56.25 56.25 562.50 (B) Dealings Mortgage 112.50 225.00 1125.00 112.50 N/A 562.50 562.50 Transfer 112.50 225.00 1125.00 112.50 N/A N/A 562.50 Subletting 112.50 225.00 1125.00 112.50 N/A N/A 562.50 Miscellaneous 112.50 225.0 1125.00 112.50 225.00 225.00 562.50 (C) Extension/ Renewals APPLICATION 56.25 112.50 562.50 112.50 562.50 562.50 562.50 Processing 1125.50 2250.00 5906.25 1125.50 2250.00 5906.25 5906.25 Documentation 281.25 281.25 1125.00 562.50 562.50 562.50 562.50 (D) Variation Application 56.25 56.25 562.50 56.25 562.50 Processing 112.50 112.50 1125.00 562.50 562.50 Documentation 112.50 112.50 562.50 112.50 562.50 (E) Surrender Application 56.25 56.25 562.50 56.25 562.50 Processing 562.50 562.50 1125.00 562.50 1125.50 Documentation 281.25 281.25 562.50 112.50 281.25 (F) Arrears Collection Fee 168.75 168.75 562.50 168.75 168.75 168.75 168.75 Interest 12% pa 12% pa 12% pa 12% pa 12% pa 12% pa 12% pa (G) Miscellaneous Search Service 56.25 56.25 1125.00 56.25 56.25 56.25 562.50 Water Meter Connection Fee 33.75 33.75 1125.00 56.25 N/A N/A N/A FEA Meter Connection Consent Fee 33.75 33.75 1125.00 56.25 N/A N/A N/A Building Consent Fee 112.50 225.00 1125.00 562.50 N/A N/A 1125.00 Penalty Fees for Breach of Conditions 2953.12 2953.12 11812.50 5906.25 5906.25 5906.25 11812.50 Photocopy Fee 0.50/copy 0.50/copy 0.50/copy 0.50/copy 0.50/copy 0.50/copy 0.50/copy (H) Court Action/Tribunals Costs Amounts subject to the Legal Practitioner's Act or Order of any court action/tribunal. (I) Survey Instruction Fee 112.50 112.50 225.00 112.50 112.50 Approval Fee 112.50 112.50 225.00 112.50 112.50 (J) Improvements Compensation Processing Fee 1125.50 225.00 562.50 112.50 562.50 (K) Finance/Trust Advance Fee 20.00 Credit Note Request Fee 5.63/copy Income Statement Fee 3.00 Rent Distribution Fee 250.00 Other – dishonoured cheque 60.00 Others A fee to commensurate with the work involved. (L) Spatial Information Unit Locality Plans A4 – 80GSM 18.50 A4 – 120GSM 18.70 A3 – 80GSM 19.00 A3 – 120GSM Land Tenure Map 80GSM 60.91 120GSM 65.00 Others To commensurate with work involved Part 2 - Clarification on the nature of the work involved in respect of Part 1 are as follows TYPE OF FEES NATURE OF WORK INVOLVED (A) LEASE/LICENSE 1. Lease Application For the receipt, perusal and acceptance of application a Lease, Instrument of Tenancy Approval to Lease, License. 2 Processing For processing application including the opening of a case; preparation of sketch plans, confirmation of availability of land; verification of native owners consent, physical inspection travelling expenses to site to attend to inspection, confirmation of native owners view and consent verification. 3. Documentation Fee For the preparation of letter offer; drafting legal documents for execution by the parties; perusal of documents; stamping and registration. 4. Lease Administration For maintenance of leases and administrative costs for the year. (B) DEALINGS 5. Consent Fee Mortgage – for processing application including perusal of application for mortgage; processing of application. Transfer – for processing application including perusal of application for transfer; Processing. Subletting – For perusal of application for subletting, processing of application; inspection Miscellaneous – for processing of application including the perusal of any other application to a matter which amounts to a dealing. (C) EXTENSION/RENEWAL 6. Application Fee For acceptance; perusal and consideration of application for renewal of any Lease, License or any agreement. 7. Processing Fee For processing application, including confirmation of Native Owners consent; Travelling and inspection of site 8. Documentation Fee For drafting renewal document; perusal; stamping and registration. (D) VARIATION 9. Application Fee For the receipt of any request to vary any condition of lease 10. Processing Fee For processing application 11. Documentation For drafting various documents for extension by both parties. (E) SURRENDER 12. Application Fee For receipt and acceptance of application 13. Processing Fee For processing application including inspection. 14. Documentation For drafting surrender document, stamping and registration (F) ARREARS 15. Collection Fees For work and task performed in any effect to recover arrears. (G) MISCELLANEOUS 16. Approval Fee For approval or endorsement of any building plans 17. Search Fee For the conduct of the search of title pursuant to any application or matter for a tenant 18. Service Fee For the issue of certified copy, photocopy and advertising 19. Provisional For receipt of any application for issue of Certified Approval Fee Copy, Lost PAN, Agreement for Lease, Instrument of Tenancy, Extension, Provisional Title. 20. Processing Fee For processing application including advertising, Notification, Drafting and Executing Statutory Declaration (H) COURT ACTION/TRIBUNALS 21. Costs For any action taken pursuant to any court action or tribunal. (I) SURVEY 22. Instruction Fees For perusal survey agreement, preparation of Survey Instruction with sketch of boundaries. 23. Approval Fee Perusal of survey plan, consultation and resolution, site inspection and approval of plan. (J) IMPROVEMENT/COMPENSATION 24. Processing Fee For processing of and claim for compensation for improvements including, consultation, site inspections. (K) FINANCE/TRUST 25. Advance Approval Fee For processing any application for advance, documentation, attendance to NLC for the confirmation of membership. 26. Credit Note Request Fee For attendance to request for any Credit Note 27. Income Statement Request Fee For attendance to request for Statement of income 28. Rent Distribution Fee For attendance to special request for distribution of rent, royalty etc, including travelling 29. Other Dishonored Cheque Attendance of tenant to recover dishonoured cheques. 30. Others A fee to commensurate with the work involved. (L) SPATIAL UNIT 31. For collecting, maintaining and managing data, computerizing existing hard copy data into digital format and for supplying the user at the time of service.”. Dated this 2nd day of March 2006. L. QARASE Prime Minister and Minister for Fijian Affairs, Culture and Heritage © 1998 University of the South Pacific