Land (Amendment) Act (No. 18 of 1991)

Land (Amendment) Act No 18 of 1991 Section 1 NO. 18 OF 1991 to Page 1 C T LAND (AMENDMENT) ACT 1991 NO. 18 OF 1991 AN ACT TO AMEND THE LAND ACT I assent, TAUFA'AHAU, 1992 4TH February, 1992. [14th October, 1991] BE IT ENACTED by the King and the Legislative Assembly of Tonga in the Legislature of the Kingdom as follows: — 1. (1) This Act may be cited as the Land (Amendment) Act 1991. (2) The Land Act, Chapter 132, as amended, is in this Act referred to as the Principal Act. 2. Section 54 of the Principal Act is amended by making the present section sub-section (1) and by adding the following new subsections (2) and (3): “(2) Notice of the Cabinet's consent to the surrender shall be published by the Minister in one issue of the Tonga Government Gazette and in three issues of a Tongan weekly newspaper within two months of the date of the notice. (3) The notice shall be in the form specified in Schedule IVA and will require any person claiming to be the legal successor to the surrendered land to lodge his claim in writing to the allotment or part thereof by the date specified in the notice which date shall not Section 3 Land (Amendment) Act No 18 of 1991 NO. 18 OF 1991 Page 2 to be less than 12 months from the date that the notice is first published in accordance with Sub-section (2), failing which the said allotment or part thereof will revert to the estate holder.” 3. Section 87 of the Principal Act is amended by adding after the words “from the death of the last holder” the words “or by the date specified in the notice made pursuant to section 54 of this Act.”. 4. Schedule IV of the Principal Act is hereby deleted and the following inserted in its stead: “SCHEDULE IV (Sections 22 and 133) (Amended by Act 11 of 1980, G. S. 43/72, G. 137/77, G. 367/78, G. S. 38/79) SURVEY FEES Site area up to 2000m² $40.00 Over 200m² to 1.3 hectare 60.00 Over 1.3 hectare to 3.5 hectares 70.00 Over 3.5 hectares to 6 hectares 180.00 Over 6 hectares to 8 hectares 200.00 Then for every additional hectare up to 40 hectares 7.60 up to 80 hectares 5.60 up to 200 hectares 4.70 up to 400 hectares 3.70 Then for every additional hectare or 5000m² together with expenses of travelling for surveyors and party from nearest port of entry 1.90 Survey of tax or town 'api' to determine boundary lines, not being the original grant of the same. 16.00 REGISTRATION FEES Land (Amendment) Act No 18 of 1991 Section 4 NO. 18 OF 1991 to Page 3 Registration of Lease 21.00 Registration of Tofi'a 60.00 Registration of Sub-Lease 10.50 Registration of Tax 'Api 7.00 Registration of Town 'Api 3.50 Registration of Document Affecting Leasehold Title 1.80 Registration of Permit 21.00 Registration of Appointment of Trustee 7.40 Application for a Mortgage 2.00 Registration of Mortgage 21.00 Registration of Discharge of Mortgage 10.50 Registration of Document Affecting a Mortgage 2.00 Application for Variation of Mortgage 2.00 Registration of Variation of Mortgage 21.00 TRANSFER FEES Transfer of Lease 14.00 Transfer of Sub-Lease 7.00 Transfer of 'Api 1.80 Transfer of Town 'Api 2.00 Application to assign a mortgage 10.50 OTHER CHARGES Section 4 Land (Amendment) Act No 18 of 1991 NO. 18 OF 1991 Page 4 to For every plan or map 7.00 For search of register 0.90 For every general search of any register 1.80 For any office copy of document registered for extract therefrom-per folio of seventy two words 0.30 For certificate and seal of Minister to any office copy 1.80 Permit to cut stone blocks 600m², each 0.05 Over 600m² each... 0.20 Application for permit to aliens to occupy Tongan land or reside with Tongan One quarter or any part thereof 1.80 One half year or any part thereof 3.50 One year or half thereof. 7.00 Inspecting any plan, charts, map or survey in Lands Office each one 0.40 Removing sand from foreshores or any Government property, for each tonne or part thereof (C.D. 797/78) 0.80 Removing stones or shingle or other material other than stone blocks, for each tonne or part thereof. 0.90 Timber cut from Government property logs 300mm diameter per 4m 17.50 For each additional 25mm diameter 3.50 For additional 300mm length part thereof Permission to cut timber of less than 300mm diameter will not normally be granted. 3.50 SCHEDULE IVA LEGAL NOTICE SURRENDER OF LAND (section 54) Land (Amendment) Act No 18 of 1991 Section 4 NO. 18 OF 1991 to Page 5 1.The Cabinet on the day of 1991 gave its consent to the surrender by ..................................................................................................................... of.............................................................................................................. of ( part of) the tax/town allotment being (part of) the parcel of land situate at.............................................................................................................. described in the Deed of Grant of Allotment registered in the Land Registry For the District of............................................................................................ in volume...................................Folio.................................................... 2. Any Person claiming to be an heir to the above allotment (or part thereof) which has been surrendered is required to lodge his claim thereto in writing with the Minister of Lands by the .......................... day of ............................ 19...failing which it will revert to the estate holder Dated this Day of 19 Minister of Lands”. Passed in the Legislative Assembly this 14th day of October 1991.