by Karishma Matthew,
Government Information Service
The Government of Dominica held a consultation last week to review the draft documents related to land tenancy arrangements in Dominica and recommendations for legislative amendments.
The meeting brought together representatives of the legal profession, people involved with land administration, farmers and land owners.
As part of the Land Tenure Administration Reform Programme, the Government of Dominica had contracted consultants Brown & Co. of the United Kingdom to develop a white paper to address land tenancy arrangements in Dominica.
The consultants were also required to prepare drafting instructions which would allow for relevant amendments/changes to the Agricultural Small Tenancies Act, the Title by Registration Act (1886) and the Land Survey Act (1988).
The consultancy which is funded by the European Union, forms part of a wider programme under the Government of Dominica’s Land Tenure and Administration Reform Programme.
Acting Senior Administrative Officer at the Reform Management Unit, Cecelia Carr, said that given that land is fixed it must be managed to ensure optimum use, thus an effective land tenure system complimented by a land use policy is essential.
 Acting Senior Administrative
Officer at the Reform
Management Unit,
Cecelia Carr
“Security of ownership of land has a vital part to play in doing business in Dominica. Access to land is a requirement for most businesses as land is the most commonly used form of collateral taken to protect loans and registration is vital to preserve the lender’s interest. The Government of Dominica, as part of its programme for rural and wider economic diversification, establish a regulatory framework for the land market function effective. Although many have left agriculture in the wake of the downturn in the banana industry, with much of the land abandoned and semi abandoned, secure access to land by those wishing to invest in current or new land-based business is difficult.”
Some of the matter discussed at last week’s consultation were land title, security of tenure, agricultural tenancies, idle land, the status of family land, planning controls, land use policy and survey regulations.
“Land and planning legislation requires thorough review. Thus, the Government of Dominica has undertaken a land tenure administration reform programme which will see the adoption of the following measures:
- Providing a clear and transparent legal framework for ownership and occupation of land particularly as it assists in providing an enhanced enabling environment of public sector investment.
- Facilitating and guaranteeing the transfer of property rights through effective land registration system. Establishing and ensuring the smooth functioning of dispute resolution mechanisms such as law courts or tribunals.
- Controlling and regulating land use in the public interest especially taking into account environmental concerns.
- Managing publicly owned land effectively.
In order to address these issues, Government has provided approval for the following: the design, establishment and operation of a unified land information system utilising modern technology. The system has re-engineered the land transaction processes of the Registry Division, the Lands and Surveys Division, the Physical Planning Division, Housing and the Office of Solicitor General.”
To date, a series of consultation/meetings have been conducted with relevant stakeholders including farmers, land owners, lawyers, surveyors and others concerned with the land title process, land administration, land use and land tenure arrangements.
“Additionally, two separate consultancies have been undertaken. One dealt with the review of the Title by Registration Act (1886) and the Land and Surveys Act (1988). The other was concerned with the development of a white paper to provide for security in land tenancy arrangement of Dominica and the provision of drafting instructions for amendment to the Agriculture Small Tenancy Act, the Title by Registration Act and the Land Surveys Act.” |
