Native Lands (Amendment) Act 2016 (No. 13 of 2016)

Native Lands (Amendment) Act 2016 Section 1  Act No.13 of 2016 Page 1   NATIVE LANDS (AMENDMENT) ACT 2016 Act No.13 of 2016 AN ACT TO AMEND THE PROVISIONS OF THE NATIVE LANDS ACT TO PROVIDE FOR UNJUST ENRICHMENT OF LANDOWNERS Commencement [1st January, 2013] 1 Short Title This Act may be cited as the Native Lands (Amendment) Act 2016. 2 Amendment The Native Lands Act is amended by inserting a new section 65 to read as follows: “65 Compensation for unjust enrichment. (1) Where the land in issue has been a result of: (a) Leases and sub-leases; (b) Transfer of leases and sub-leases (c) Transfer of native lease; (d) Sub-letting; (e) Passing of interest of lessee; (f) Giving up possession and interests of land; (g) Exchange of land; (h) Gifting of land and interest to another; And the tenure of the land under (a) to (h) has lapsed, expired or has been reverted; the landowner shall compensate any and all improvements made on such land including fixtures by the lawful occupants of the said land. Section 1 Native Lands (Amendment) Act 2016 Page 2 Act No.13 of 2016  (2) Any dispute arising under subsection (1) shall be brought before any court of law in Tuvalu. (3) This section shall have retrospective effect from January 2013.