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Crown Land Legal and Administrative Procedures Seminar

Crown Land Legal and Administrative Procedures Seminar. PROPOSED CROWN LAND PROCEDURES AND MANUAL. Sean Johnson MRICS Land Administration Consultant Terra Institute Ltd. Presentation Outline Background Land Administration Land Management Discounts Monitoring and enforcement

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Crown Land Legal and Administrative Procedures Seminar

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  1. Crown Land Legal and Administrative Procedures Seminar PROPOSED CROWN LAND PROCEDURES AND MANUAL Sean Johnson MRICS Land Administration Consultant Terra Institute Ltd

  2. Presentation Outline • Background • Land Administration • Land Management • Discounts • Monitoring and enforcement • Appeals etc.

  3. Crown Land Policy #15 • CROWN LAND APPLICATIONS, ALLOCATION AND MANAGEMENT PROCEDURES MANUAL “This manual will clearly document the specific procedures to be used in the five key government departments with responsibilities for Crown Land; Lands & Survey, Valuation, Planning, Land Registry and the new Crown Land Unit.”

  4. Crown Land Policy #15 • CROWN LAND APPLICATIONS, ALLOCATION AND MANAGEMENT PROCEDURES MANUAL “The Manual will describe the full-integrated process, flows of information with and between departments, standard data entry, validation and security procedures and will include standardized forms and correspondence format to be used in the process.”

  5. Purpose of the Manual “To avoid ad hoc administrative decisions and ensure a more consistent implementation of the Crown Land Policy, the Government will prepare, approve and disseminate a Crown Land Application, Allocations and Management Procedures Manual” (Crown Land Policy #15)

  6. Reasons

  7. Need to improve efficiency of the TCIG agencies who play a role in Crown Land allocations; and • Pro-actively manage the demand for Crown Land

  8. Purpose of the Manual • Procedures for applications • Procedures for allocation • Procedures for management • Procedures for administration • Procedures for information

  9. Applicant Successful applicant Lease-holder Free-holder Provide Lease Accept Offer Pay lease rent Make offer Make application Pay for land Transfer title Crown Lands Department Approve allocation & transfer Register CP Lease & Transfer Provide lot plan Sign CPL & Transfer Provide land value Grant Plan. Permission Honorable Minister of Natural Resources Chief Surveyor Director, Valuations Dept. Director, Planning Dept. Governor Registrar of Lands

  10. Procedures Crown Land Ordinance Procedures Crown Land Regulations Procedures Crown Land Manual Procedures

  11. All the “Ps” • Principles under-Pinning the Procedures Provided by the Policy • Subsidiarity (policy 14) • Transparency (policies 8, 11 & 15) • Fairness (policies 9, 18 & 19) • Sustainable development (policies 12, 13, 14 & 20) • Efficiency (policies 16 & 21)

  12. More “P” • Principles based on best Practice • Development will be planned and managed • Activities will be coordinated • Information, education and communication • Data will be integrated and shared

  13. Crown Land Administration • Information management • keeping of good land records • the collection, organizing, maintaining, protection and making-available of data and information about land tenure, land use and land value • Data integration • Crown land will be registered • Crown land management information system (CLMIS)

  14. Land Registers Crown land inventory Existing CL records • Crown Land Management Information System • Crown land registry • Property and asset management CLMIS

  15. Land Register Land use planning Companies register • Crown Land Management Information System Applications Rents Parcels Discounts Proprietors

  16. Computerization of the Land Registers • “Cayman project” Private users TCIG users Surveys Land Registry Crown Land

  17. Future configuration? National Land Information System Private users TCIG users Crown Land Management Information System Planning Surveys Valuations Land Registry Crown Land

  18. Maintaining good land records • registration Land Registration(Dowson Sheppard) Guyana (1960 – ) Turks & Caicos Islands (1967 – 1970) British Virgin Islands (1970 – 1973) Anguilla (1972-1975) Cayman Islands (1973 – 1977) Antigua (1977 – 1980) St Lucia (1984 – 1987) Barbados (1991 – ) Belize (2003 – ) Trinidad & Tobago (2008 – ?) Title Registration(Torrens) Jamaica (1890 - ) Dominica St Kitts & Nevis (1886 – ) Trinidad & Tobago (1892 - )

  19. Registration of Crown land

  20. Surveying and Mapping of Crown Land • Land Survey Ordinance • Registry Map

  21. Crown Land Management • Development • Allocation • Dispositions • Acquisition • Monitoring • Enforcement

  22. Crown Land Management • Planned and managed development for delivery of Crown land by the Crown Lands Department • Forward Planning • National Physical Development Plan • Planning permission • Subdivision

  23. Crown Land Management • Managed delivery of Crown land by the Crown Lands Department • Land identified, subdivided and developed • Public offering of land • Allocation

  24. Crown Land Management • Allocation • Public invitation to apply • Offer by public tender • Public auction • Private treaty

  25. Crown Land Management • By public invitation • Residential • Applications received between published dates • Allocation by public ballot • More applications than parcels – ballot to choose applicant • More parcels than applications – ballot to choose parcel • Offers made – agreement within 14 days

  26. Crown Land Management • By public tender • Commercial land or undivided block • Public notice or marketing • Closing date for submission of sealed tenders • Evaluation and ranking • On development (technical) proposal; or • On development proposal plus price proposal

  27. Crown Land Management • By public auction • Commercial use • Large or undivided parcels • High demand for high potential location • Public or sealed bids

  28. Crown Land Management • By private treaty • Land must be publicly offered first • Within a reasonable period of time

  29. The process..

  30. The proposed reforms • Identification and planned development • Land must be zoned for appropriate use • Residential – application by invitation • Applications before or after rejected • Evidence required of intention to develop • Commercial – public tender or auction • Business plan • Evaluation by established criteria (inc. environment)

  31. Dispositions • Crown Land Policy • Standard conditional purchase lease • Conversion to freehold • Long leases for some developments • All leases and grants will contain development conditions and covenants

  32. Standard conditional purchase lease • Residential • Subdivided and registered parcels • One extension for 18 months permitted • Revaluation on extension • Monitoring of compliance • Commercial • (as per residential)

  33. Grant of freehold • Surrender of lease and compliance with conditions • Checked by Planning Dept. & Crown Lands Dept. • Check for boundary encroachment • Exception for a bank guarantee of development completed within 3 years • Covenants on title • Restricting land use • Indemnify Government

  34. Much the same • Performance bonds • Required for some commercial developments • Assignments of leases • Permission required • Forfeiture and determination of leases • Compensation paid for development completed

  35. We reach?

  36. Much the same • Crown land reserves • Legislation to protect (nature reserves) and to restrict development (national parks) • Management of reserves and parks by appropriate agencies • TCInvest • Working closely with Crown Lands Department

  37. Belonger Discounts • Crown Land Policy 2005 • Only available for Belongers • Applied on conversion of CPL to freehold • One residential per island; only one at a time; one commercial of up to 10 acres • Repayable on sale – proportionally on time and quantity

  38. Belonger Discounts • Administration • Recorded in Crown Land Management Information System • Protected by registered charge • Changes in company share ownership reported by Registrar of Companies

  39. Land Valuation • Land Valuation Office • All Crown land to be valued by LVO • Manual does not set guidelines for Crown land valuation • Grants of freehold or leasehold • Valuation should not be negotiable • Appeals should only be possible on revaluation (e.g. lease extension, and not on conversion of CPL to freehold) • Land market data • Land registry

  40. Rents and fees • Unchanged • Explained and listed in manual

  41. Monitoring and Enforcement • Conditions • Periodic inspections and key events • Protected and enforced by registration • Discounts • Protected and monitored by registration • Illegal Occupation • Crown Land Department to take action to recover possession

  42. Acquisition of land • For a public purpose • Land Acquisition Ordinance Cap.78 • Procedures and guidance should be included in the manual at some future date

  43. Appeals • Tribunal • appointed by the Governor, Chief Minister and Leader of the Opposition • Appeals or complaints can be made for: • Just about anything! • Ensures CLD compliance with procedures • Supports decisions of CLD • Complaints and appeals procedure explained in all written correspondence and displayed in CLD offices

  44. The final words … international best practice

  45. Any Questions Thank you

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