First Customary Land Title Issued

NOVEMBER 29th 2013 marks another historical day as this was when a group of landowners first received a customary land title over their traditional land.
The first three(3) incorporated land groups that were issued the first historical customary land title under the Voluntary Customary land Registration arrangement were Mayajon incorporated land group in the Bewani Wutung Onei Local Level Government council, Homa ILG in the Bewani Wutung Onei LLG Council and the Qalkal Dananem ILG in the inland Baining LLG council.

Of the hundred plus applications received in 2012 and 2013, only three(3) ILG complied with all requirements in that there was no objections received from the neighboring clan or ILG over the ownership of the land or boundary infringement. Other applicants had to verify issues over ownership and land boundaries. These certificates issued are not transferable as they remain the property of the land group I perpetuity. The tradable titles will be created fro the base title by way of subdivision. The subdivisions will carry its own terms and conditions and covenants in compliance with the Physical Planning Act and the Land Act.

Director Customary Land Registration, Andie Malo on the occasion of the issuance of the first customary land titles encouraged traditional land owning clans or ILG that the new concept was working and will benefit all generations to come as benefits will be seen by all clan members and not by individuals alone.
He says unlike outright acquisition which is a one off payment and the tenure of land changes to state lease. He added that any applications from individuals, family units, sub clans, landowner companies or associations etc, will not be recognized except for main clans or Incorporated Land Groups only.

He says the freeing up of traditional land and making it available for development purposes compliments the national government vision on wealth creation by way of equal opportunity for both the land owners and the developers as it promotes transparency and accountability in dealing with customary land management.

The notion of giving out a customary land title was part of recommendations from the 2005 Land Summit to look into loopholes and identify problems relating to land administration and how best customary land which makes up 97 percent of the total land mass in the country can be accessed.
The final report to the Minister for Lands and Physical Planning on the 9th October 2006 focused on accessing land for development purposes, improving land administration whilst considering dispute settlement mechanisms in ensuring ownership remains with the traditional landowners. A customary land development committee consisting of academics, researchers and beauracrats was later formed to look into a Preeminent approach in the area of accessing registered customary land for it to be comfortably leased and utilized freely in the modern business environment.
The committee focused on existing mechanisms and legislations by modifying the existing legislation to suit the proposed idea of having ownership over customary land. The proposed legislation and the model were created in a way that was accepted by the banks and the community at large to allow land to become an asset for business activities. This led to the amendment of the Incorporated Land Group Act 1974 and the Land Registration Act 1981. The amendments to the existing legislations were certified in 2009 and later gazette on the 1st March 2012. This gave effect to the Department of Lands and Physical Planning (DLPP) to formulate steps on the process and procedures on the voluntary registration of customary land and ILG’s.
Following the legislative amendments, the National Land Development Program team conducted four regional awareness programs. (New Guinea Islands in Kokopo, Momase in Madang, Highlands in Mot Hagen and Southern Region in Port Moresby).
The DLPP later conducted the provincial and district awareness and training programs in Vanimo, Aitape, Goroka, Asaro and Lufa in EHP nad Kimbe, Talasea, Hoskings and Bialla-WNBP, Lae and Madang.
The awareness and trainings were targeted at Provincial and District lands officers and land owning groups to help them understand the new legislations and processes in the registration of customary land and ILG’s.