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Legal aspects of compulsory acquisition of land in Papua New Guinea

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Muroa, George M S(Mak Super) (1987) Legal aspects of compulsory acquisition of land in Papua New Guinea. Research Master thesis, University of Tasmania.

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Abstract

The power of compulsory acquisition has always been an important aspect in the
acquisition of land for public purposes in the history of PNG. The Power, however, was
abused during the colonial era by virtue of the fact that too many occuppied lands
were acquired by the Colonial Administration. These acquisitions led first, to shortage
of land in many parts of the country and second, domination of Papua New Guinea's
economy by foreigners, especially plantation economy.The successive post -
Independence Governments of PNG have adopted an overall policy to redress the
situation by acquiring foreign owned lands and redistributing them to nationals for
subsistence farming or economic development so that they may participate in the
economic development of the country.
This work examines the law relating to compulsory acquisition of land in PNG. In
particular it examines the policies, laws and practices aimed at compulsory acquisition.
of land and their effects on the landowners. The work also proposes reforms to the
laws relating to compulsory acquisition of land in PNG.
The thesis proposes several reforms to the law relating to compulsory acquisition of
land in th,e country.
1. That the power of compulsory acquisition in PNG continue as it is essential to
acquire lands the Government needs for development purposes in the
interest of the greater national community. However, an amendment to the
provisions of the Land Act is necessary to introduce a system of H compulsory
lease " to replace the current system of compulsory acquisition.
2. That the payments of compensation to the dispossessed citizen owner,
especially an automatic citizen, should be over and above the market value
of the land compulsorily acquired to reflect the extra market values or non -
economic values that Papua New Guineans often attached to their land.
However, the situation regarding payments of compensation to remedy
grievances caused by colonial land acquisitions requires urgent review as
there appears to be no proper guidelines for such payments and it has
proved to be unnecessarily costly to the nation. That the payment of
compensation to the dispossessed non - citizen owner should be less thanthe
concept of the market value of the land. The Government should pay the
dispossessed non - citizen landowner compensation based on what it
considers just.
3. The imposition of two months time - limit under the present Land Act within
which landowners are required to respond to a notice to treat is unrealistic
and should be extended to six months as most of the customary landowners
are still in the remote rural areas with poor communication and transportation
systems. However, provisions be inserted in the Land Act to establish a
minimum time - limit within which the Government must complete the
compuslory acquisition once a notice to treat has been issued. The absence
of such a time - limit could cause injustice to the landowners as months or
years may elapse before the procedure for the acquisition is effected.

Item Type: Thesis (Research Master)
Keywords: Land, Nationalization of, Land tenure
Copyright Holders: The Author
Copyright Information:

Copyright 1987 the Author - The University is continuing to endeavour to trace the copyright
owner(s) and in the meantime this item has been reproduced here in good faith. We
would be pleased to hear from the copyright owner(s).

Additional Information:

Library has additional copy on microfiche. Thesis (Ll.M.)--University of Tasmania, 1989. Includes bibliographical references

Date Deposited: 03 Feb 2015 03:05
Last Modified: 11 Mar 2016 05:55
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