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Vanuatu Consolidated Legislation - 1988 |
Commencement: 10 August 1987
LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988
CHAPTER 197
ARRANGEMENT OF SECTIONS
SECTION
PART I
Interpretation
PART II
Property in Geothermal Energy to Vest in The Republic of Vanuatu
3. Rights in continental shelf, etc.
Service of Notices and Documents, etc.
4. Service of documents
PART IV
Applications
8. Form of applications
9. Powers of Minister with respect to applicants
10. Grant of licence to more than one person
PART V
Prospecting Licences
16. Obligations of holder of prospecting licence
PART VI
Work Programme Under Prospecting Licences
17. Performance of work programme under prospecting licence
18. Amendment of work programme
19. Damages for failure to perform work programme
PART VII
Production Licences
20. Application for production licence
22. Restrictions on grant of production licence
23. Form and content of production licence
24. Rights conferred by production licence
PART VIII
Surrender of Licence
27. Relinquishment does not affect obligations
PART IX
Cancellation and Force Majeure
28. Cancellation
29. Force Majeure
PART X
Miscellaneous
30. Control of company holding production licence
PART XI
Restrictions and Surface Rights
31. Application of Part X1
32. Restrictions
34. Compulsory acquisition of land
35. Registration of interest in the land register in certain circumstances
PART XII
Offence, Penalties and Proceedings
37. Offences
38. Illegal operations
39. Offences by body corporate
41. Evidentiary provision
PART XIII
Orders and Regulations
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GEOTHERMAL ENERGY
An Act to regulate and control the exploitation of geothermal energy and to provide for incidental matters.
PART I
INTERPRETATION
INTERPRETATION
1. (1) In this Act, unless the context otherwise requires -
"Director" means the Director of Geology, Mines and Rural Water Supplies;
"geothermal energy" means energy derived or derivable from within the ground or thereunder by natural heat, and includes all steam, water or other fluid and any mixture of all or any of them that has been heated by such energy, and every kind of matter derived from a bore and for the time being with or in any such steam, water, fluid or mixture; but does not include water that has been heated by such energy to a temperature not exceeding 70°C;
"land" includes land beneath water and the sea-bed, and the subsoil thereof;
"licence" means a production licence or a prospecting licence;
"licensee" means a person who is, for the time being, the lawful holder of a licence;
"prescribed" means prescribed by the Minister in regulations made under this Act;
"production" includes the tapping, extraction, obtention or use of geothermal energy by applying it for any purpose;
"production licence" means a licence granted under section 20;
"prospecting licence" means a licence granted under section 11;
"prospecting operations" includes boring and all operations and tests for the purpose of prospecting for geothermal energy, but does not include the use of geothermal energy for purposes other than prospecting.
(2) In this Act, a reference to "the territorial sea", "the continental shelf", "the exclusive economic zone", is a reference to that sea, shelf or zone as lawfully determined from time to time.
(3) In this Act a reference to the conditions of a licence is a reference to the conditions on which the licence is granted, as from time to time varied.
PART II
PROPERTY IN GEOTHERMAL ENERGY TO VEST IN THE
REPUBLIC OF VANUATU
VESTING OF PROPERTY IN GEOTHERMAL ENERGY
RIGHTS IN CONTINENTAL SHELF, ETC.
(2) This Act shall apply in relation to the sea-bed and subsoil of the continental shelf and beneath the waters of the exclusive economic zone, as it applies in relation to land.
PART III
SERVICE OF NOTICE AND DOCUMENTS, ETC.
SERVICE OF DOCUMENTS
(a) in the case of an individual other than the Minister or the Director, by serving it personally upon the individual or by sending it by post to him at his usual or last known place of abode or business;
(b) in the case of the Minister or the Director, in the manner prescribed.
(2) For the purpose of service of documents the principal office of a company incorporated outside Vanuatu is its principal office within Vanuatu.
(3) Where a person has more than one place of abode or business a document or notice may be served on, or given to, the person under this section at any of those places.
(4) Where -
(a) two or more persons constitute the applicant for the grant of a licence; or
(b) the holder of a licence is constituted by two or more persons,
a document of notice served on or notice given to any one of those persons in accordance with this section shall be treated as having been served on or given to all of them.
(5) Where a document or notice is sent by post pursuant to this section service or notice is deemed to have been effected or given under this section, unless the contrary is proved, at the time at which the document or notice would be delivered in the ordinary course of post.
RESTRICTION ON DISCLOSURE OF INFORMATION
(a) with the consent of the licensee;
(b) in relation to land which has ceased to be subject to the licence;
(c) for the purpose of facilitating the performance of any functions under this Act;
(d) in connection with the investigation of any criminal offence or for the purpose of any criminal proceedings;
(e) for the purpose of any civil proceedings brought by or against a licensee;
(f) for the purpose of facilitating the performance by a consultant to the Government of any functions under the consultancy arrangement;
(g) for the purpose of the determination of the liability to make any payment under this Act or of any tax;
(h) for any purpose, or in any circumstances, prescribed in the licence;
(i) to another government department.
(2) Where any disclosure is made to a person pursuant to subsection. (1) paragraph (a), (c), (f), (g) or (i) then for the purposes of this section that person shall be treated as having obtained the information by virtue of this Act.
PROHIBITION AGAINST HOLDING LICENCE, ETC.
6. (1) In this section -
"member of the family", in relation to a relevant person, means -
(a) the husband or wife, or reputed husband or wife; and
(b) the son or daughter, (being a minor), whether born in or outside wedlock,
of the relevant person,
"relevant person" means a public servant or public officer or any person engaged in the service of the Government of Vanuatu.
(2) No relevant person, in his private capacity, shall acquire, attempt to acquire or hold -
(a) a licence or an interest in a licence; or
(b) a share in a body corporate that is entitled under this Act to carry on prospecting or production operations in Vanuatu.
(3) In proceedings on a prosecution for an offence under this section of acquiring a share of a kind referred to in subsection (2)(b), it is a sufficient defence if the person charged proves -
(a) the licence interest or share was acquired before he became a relevant person; or
(b) the share was acquired before the body corporate became entitled under this Act to carry on prospecting or production operations; and
(c) since he became a relevant person or since the body corporate became so entitled, as the case may be, all reasonable steps necessary to dispose of the licence interest or share have been, or are continuing to be, taken.
(4) For the purposes of this section, the acquisition or holding by a member of the family of a relevant person (not herself or himself being a public servant) of any licence, interest or share of the kind referred to in subsection (1), is deemed to be a holding by the relevant person of the licence, interest or share.
(5) This section applies with respect to shares whether acquired before or after the commencement of this Act (10 August 1987), or whether acquired by a person before he became a relevant person.
(6) Nothing in this section shall affect the operation of the principles of Chapter 10 of the Constitution.
INDEMNITY
PART IV
APPLICATIONS
FORM OF APPLICATIONS
8. An application for the issue of a licence under this Act to the Minister or the Director -
(a) shall be made -
(i) in accordance with this Act; and
(ii) in such manner and form as may be prescribed;
(b) shall be accompanied by such fee as may be prescribed; and
(c) may be withdrawn by the applicant giving to the Minister or, as the case may be, the Director a notice of withdrawal.
POWERS OF MINISTER WITH RESPECT TO APPLICANTS
(a) cause such investigations, negotiations or consultations to be made or carried on relating to such application as the Minister considers necessary;
(b) by notice served on the applicant, require the applicant to furnish the Minister, within such reasonable period as is specified in the notice, with such proposals, by way of alteration to or in addition to any proposals in the application as the Minister specifies in the notice; or
(c) publish notice of the application for a period of time and in the places as may be prescribed.
(2) Unless the Minister is satisfied that those requirements as may be specified under subsection (1) have been complied with, he shall refuse to proceed further with application.
GRANT OF LICENCE TO MORE THAN ONE PERSON
(2) Where, at any time, a licensee is constituted by two or more persons, the obligations to be observed and performed by the licensee under this Act are joint and several obligations, but without prejudice to any right of contribution which may exist between all or any of them.
PART V
PROSPECTING LICENCES
DISPOSAL OF APPLICATION FOR PROSPECTING LICENCE
(2) An application for grant of a prospecting licence shall include -
(a) the full name and nationality of the applicant, or in the case of a partnership or an association of individuals, the full names and nationalities of all applicants;
(b) in the case of a company or corporation the full names and nationalities of the directors and the full names and nationalities of every shareholder and the full names and nationalities of every ultimate beneficial owner, of 5 per cent or more of the issued capital;
(c) full information as to financial status, technical competence an, d experience;
(d) a description of the area over which the prospecting licence is sought together with a plan thereof to such specification as may be prescribed;
(e) the proposed programme of prospecting and the estimated cost thereof;
(f) such further information as the Minister may require.
(3) The application shall be registered by the Director and the date and hour of its deposition shall be recorded in a register provided for the purpose, and which shall be open to public inspection. Applications shall be credited with an order of priority determined by the date and hour of registration.
(4) A prospecting licence shall not be granted to an applicant in relation to any land which is, at the time the application for the grant of the licence is made, comprised in -
(a) an existing prospecting licence, or
(b) a production licence.
(5) The area of land in respect of which a prospecting licence is granted shall cover such area, not exceeding 100 km' and be of such size, shape, or orientation as may be prescribed.
(6) No prospecting licence shall be granted to an applicant -
(a) unless the Minister is satisfied that -
(i) he has adequate financial resources, technical competence and experience to carry on effective prospecting operations;
(ii) his programme of prospecting work to be fulfilled is adequate; and
(iii) his proposals for the employment and training of citizens of Vanuatu are adequate; or
(b) if, being a licensee, he is in default.
(7) For the purposes of this section, an applicant who is a licensee is in default if he is in breach of the conditions of his licence, or of the requirements of this Act in relation to him or his licence, when he makes application for the grant of a prospecting licence.
FORM AND CONTENT OF PROSPECTING LICENCE
12. (1) A prospecting licence -
(a) shall -
(i) be in such form as may be prescribed;
(ii) state the date of grant of the licence;
(iii) identify the land in respect of which the licence is granted;
(iv) state the conditions on which the licence is granted; and
(v) state the term, not exceeding 3 years, for which the licence is granted; and,
(b) shall describe the programme of prospecting work to be fulfilled in the period of the grant of the licence in or in relation to the prospecting area and the estimated cost thereof.
(2) There may be included in a prospecting licence provision with regard to future joint arrangements for any future production licence on land to which the licence relates.
(3) There may be included in the prospecting licence provision for the determination of disputes, in relation to any identified matters, by way of arbitration or other- wise in such manner as is specified in the licence.
RENEWAL OF PROSPECTING LICENCE
(2) An application for renewal of a prospecting licence shall be submitted not later than 60 days before the expiry of the licence and shall be accompanied by -
(a) a report on prospecting operations so far carried out arid the direct cost incurred thereby;
(b) a proposed programme of prospecting operations to be carried out during the period of renewal and the estimated cost thereof; and
(c) such other information as the Minister may require.
(3) The instrument in writing renewing a prospecting licence -
(a) shall -
(i) identify the land in relation to which the licence is, renewed which shall not exceed in area 50 per cent of the area of the land in respect of which the licence was granted or, in the case of a second renewal, was first renewed;
(ii) state the conditions on which the licence is renewed; and
(iii) state the term, not exceeding 2 years for which the licence is renewed; and
(b) shall describe the programme of prospecting work to be fulfilled during the period of the renewal in or in relation to the prospecting area and the estimated cost thereof.
(4) An instrument in writing renewing a prospecting licence shall, for the purposes of this Act, form part of the licence.
RESTRICTIONS ON RENEWAL OF PROSPECTING LICENCE
14. (1) A prospecting licence shall not be renewed on more than 2 occasions.
(2) Subject to subsection (3), the Minister shall refuse to grant a renewal of a prospecting licence if the licensee is in default.
(3) The Minister shall not refuse to renew a licence on the ground that the licensee is in default unless -
(a) he has given to the licensee notice of his intention to do so giving in the notice -
(i) particulars of the alleged default;
(ii) a date before which the licensee may make representations in writing in relation to the alleged default, or remedy it; and
(b) the licensee has not, before that date -
(i) remedied the default; or
(ii) in a notice given to the Minister, made representations which satisfy the Minister that the licensee is not in default, or that in the circumstances he is justified in renewing the licence notwithstanding the default.
(4) For the purposes of this section, a licensee is in default if he is in breach of the conditions of his licence, or of the requirements of this Act in relation to him or his licence, when he makes application for the renewal of the licence.
(5) If an application for renewal is made, the licence shall be deemed to continue in force until such application is determined.
RIGHTS UNDER PROSPECTING LICENCE
OBLIGATIONS OF HOLDER OF PROSPECTING LICENCE
(b) the results of any geochemical or geophysical analysis;
(c) the geological interpretation of the records maintained under paragraphs (a) and (b);
(d) other work done in connection with the prospecting licence; and
(e) such other matters as may be prescribed;
and shall supply, at least once every 3 months, copies of such records to the Director, together with any reports prepared as a result of such records.
(2) The holder of a prospecting licence shall, within 3 months after the expiration thereof, submit a report to the Minister setting forth all results of his prospecting operations in the area of the licence, such report shall be accompanied by -
(a) all geological, geochemical and geophysical maps, profiles, and diagram charts made by such holder;
(b) copies of all tests and analyses made by such holder;
(c) copies of all reports made by such holder;
(d) a statement of direct costs incurred by the holder in the prospecting programme.
PART VI
WORK PROGRAMME UNDER PROSPECTING LICENCES
PERFORMANCE OF WORK PROGRAMME UNDER PROSPECTING LICENCE
(2) During the term for which a prospecting licence is renewed, the licensee shall, subject to section 18, fulfil the programme of prospecting work described in the instrument renewing the licence.
AMENDMENT OF WORK PROGRAMME
DAMAGES FOR FAILURE TO PERFORM WORK PROGRAMME
(a) shall be those prescribed in respect of any such failure in the licence; or
(b) if not so prescribed, shall be assessed on the basis that the failure constitutes a breach of a contract with the Republic of Vanuatu to fulfil the obligation.
PART VII
PRODUCTION LICENCES
APPLICATION FOR PRODUCTION LICENCE
(2) An application for grant or renewal of a production licence shall include -
(a) full name and nationality, or, in the case of an application by a partnership or other association of persons, the full names and nationalities of all partners or of all such persons, or, in the case of an application by a corporate body, the registered name of such body;
(b) in the case of a company or corporation, the full names and nationalities of the directors and the full names and nationalities of every shareholder and the full names and nationalities of every ultimate beneficial owner of 5 per cent or more of the issued capital;
(c) full information as to his financial status, technical competence and experience;
(d) the number or numbers of his prospecting licence;
(e) details, illustrated by an approved plan, of the area in respect of which the application is made;
(f) the period for which the licence is sought;
(g) a technological report on production possibilities and the intention of the applicant in relation thereto;
(h) a proposed programme of operations which shall include -
(i) the date by which the applicant intends to commence production;
(ii) full details of how the energy is to be treated, converted, transmitted and marketed;
(iii) a detailed programme for the progressive reclamation and rehabilitation of lands disturbed and for the minimization of the effects, of such work on adjoining land and water areas;
(i) a detailed forecast of capital investment, operating costs and sales revenues and the anticipated type and source of financing;
(j) a programme for the employment and training of Vanuatu citizens;
(k) a report of the goods and services required for the operations which can be obtained within Vanuatu and the applicant's intention in relation thereto;
(l) details of expected infrastructure requirements; and
(m) such further information as the Minister may require or as may be prescribed.
GRANT TO HOLDER OF A PROSPECTING LICENCE
(a) on application duly made by the holder of a prospecting licence for the area the Minister shall grant the production licence applied for on such conditions as are reasonably necessary to give effect to the application and the requirements of this Act; and
(b) on application duly made by any other person, the Minister may grant on such conditions as he may determine, or refuse to grant, the licence applied for.
RESTRICTIONS ON GRANT OF PRODUCTION LICENCE
22. (1) A production licence shall not be granted -
(a) unless -
(i) the proposals of the applicant would ensure the most efficient, beneficial and timely use of the resources concerned;
(ii) the applicant has adequate financial resources and technical and industrial competence and experience to carry on effective mining operations;
(iii) the applicant would be able and willing to comply with the conditions on which a licence would be granted;
(iv) the applicant's proposals for the employment and training of citizens of Vanuatu are satisfactory; and
(v) any option given under section 12(2) has been properly disposed of, or arrangements satisfactory to the Minister have been made for that purpose; or
(b) if the applicant is in default, unless the Minister considers that special circumstances exist which justify the granting of the licence notwithstanding the default.
(2) Where an application is made by the holder of a prospecting licence for the area the Minister shall not refuse to grant a production licence to the applicant -
(a) on any ground referred to in subsection (1)(a), unless the Minister has given notice to the applicant of his intention to do so on that ground and has allowed the applicant, within such reasonable time as is specified in the notice, to make representation in relation to the proposed refusal and where appropriate, to put forward proposals either in alteration of or in addition to those in his application, and has taken into account any such representations and proposals;
(b) on the ground that the applicant is in default, unless the Minister 'has given notice to the applicant of his intention to do so, giving in the notice -
(i) particulars of the alleged default; and
(ii) a date before which the applicant may make representations in relation to the alleged default, or remedy it, and the applicant has not, before that date, remedied the default or, in a notice given to the Minister, made representations which satisfy the Minister that the applicant is not in default, or that in the circumstances he is justified in granting the licence notwithstanding the default.
(3) A production licence shall not be granted to an applicant in relation to any land which is, at the time the application for the grant of the licence is made, comprised in -
(a) a single prospecting licence, unless the applicant is the holder of the prospecting licence, or applies with the written consent of that holder;
(b) more than one prospecting licence, unless, subject to subsection (4)-
(i) the applicant is the holder of one of those prospecting licences;
(ii) the Minister is satisfied that the public interest requires that the production licence should be granted; or
(c) an existing production licence, unless the applicant is the holder of it.
(4) Where, in the circumstances referred to in paragraph (b) of subsection (3)-
(a) the Minister is satisfied as provided in subparagraph (ii) of that paragraph; and
(b) every holder of a relevant prospecting licence or, it the applicant for the production licence is the holder of such a prospecting licence, every other holder of such a prospecting licence, gives his consent in writing to the grant of a production licence to the applicant.
such a licence may be granted to the applicant notwithstanding subsection (3)(b)(ii).
(5) For the purposes of this section, an applicant is in default if he is in breach of the conditions of any licence held by him, or of the requirements of this Act in relation to him or any such licence, when he makes application for the grant of a production licence.
FORM AND CONTENT OF PRODUCTION LICENCE
23. (1) A production licence -
(a) shall -
(i) be in such form as may be prescribed;
(ii) state the date of the grant of the licence;
(iii) identify the land in respect of which the licence is granted;
(iv) state the conditions on which the licence is granted; and
(v) state the term, which shall not exceed 30 years; and
(b) shall describe a programme of work to be fulfilled; and
(c) may contain such other matter as may be necessary to give effect to subsection (2) or (3), if applicable, or for any other purpose as may be determined by the Minister.
(2) There may be included in a production licence conditions with respect to the disposal of waste and protection of the environment.
(3) There may be included in a production licence provision for the determination of disputes, in relation to any identified matters by way of arbitration or otherwise in such manner as is specified in the licence.
RIGHTS CONFERRED BY PRODUCTION LICENCE
(a) to exploit the geothermal energy in the licensed area and do everything related to its production;
(b) to sell any energy produced in a manner approved by the Minister and store and dump any mineral or waste products, in a manner approved by the Minister.
(2) A production licence shall be renewable subject to such conditions as may be reasonable.
PART VIII
SURRENDER OF LICENCE
SURRENDER OF LICENCE
(a) surrender his licence, or
(b) relinquish part of the land covered by the licence, unless the remaining land would be in more than 3 parcels.
RELINQUISHMENT OF LAND IN PRODUCTION LICENCE AREA
RELINQUISHMENT DOES NOT AFFECT OBLIGATIONS
PART IX
CANCELLATION AND FORCE MAJEURE
CANCELLATION
(2) The Minister shall not, under subsection (1), cancel a licence on the ground of any default unless -
(a) the Minister has, by notice in writing served on the licensee, given not less than 30 days notice of the Minister's intention to so cancel the licence on that ground;
(b) the Minister has, in the notice, specified a date before which the licensee may, in writing, submit any matter which he wished the Minister to consider; and
(c) The Minister has taken into account -
(i) any action taken by the holder to remove that ground or to prevent the recurrence of similar grounds; and
(ii) any matters submitted to the Minister by the holder pursuant to paragraph (b).
(3) The Minister shall not, under subsection (1), cancel a licence on the ground that the holder of the licence has failed to pay any amount payable by him under this Act or his licence if, before the date specified in a notice referred to in subsection (2)(b) the holder pays the amount of money concerned, together with any other amount which may be payable.
(4) The Minister may, by notice served on a licensee, cancel the licence -
- (a) if the holder, being an individual, is -
(i) adjudged bankrupt; or
(ii) enters into any agreement or scheme of composition with his creditor or takes advantage of any law for the benefit of debtors; or
(b) if, in the case of a licensee that is a body corporate, an order is made or a resolution is passed winding-up the affairs of the body corporate, unless the winding-up is for the purposes of amalgamation and the Minister has consented to the amalgamation, or is for the purpose of reconstruction and the Minister has been given written notice of the reconstruction.
(5) Where two or more persons constitute a licensee, the Minister shall riot, under subsection (4) cancel the licence on the occurrence, in relation to one, or some only of the persons constituting the licensee, of an event entitling the Minister under that subsection to cancel the licence, if any other person or persons constituting the licensee satisfies or satisfy the Minister that that person or those persons, as the case may be, is or are willing and would be able to perform the duties and obligations of the licensee and take such steps as the Minister may require to secure that performance.
(6) On the cancellation-of a licence, the rights of the licensee thereunder cease, but the cancellation does not affect any liability incurred before the cancellation and any legal proceedings, that might have been commenced or continued against the former licensee may be so commenced or continued.
FORCE MAJEURE
(2) Where a licensee fails to fulfil any of the conditions of his licence or to meet any requirements of this Act because of the occurrence of circumstance of the kind referred to in subsection (1), he shall forthwith notify the Minister giving in the notice particulars of the failure and its cause.
(3) Where a licensee is prevented from exercising any of his rights under his licence for any period because of the occurrence of circumstance of the kind referred to in subsection (1), then that period, as agreed by the Minister shall be added to the term of his licence.
(4) This section does not apply with respect to any failure to pay any amount in relation to royalty, rent or fees payable, under this Act or a licence.
PART X
MISCELLANEOUS
CONTROL OF COMPANY HOLDING PRODUCTION LICENCE
(a) register the transfer of any equity share or shares in the company to any particular person or his nominee; or
(b) enter into an agreement, arrangement or understanding, (whether or not having legal or equitable force) with any particular person,
if the effect of doing so would be to give to the particular person or, in the case mentioned in paragraph (b), the particular person or any other person, control of the company.
(2) On application duly made to him in writing for this consent under this section the Minister shall give his consent if he considers that the public interest would not be prejudiced by the change of control of the company, but otherwise he shall refuse to give his consent, and for the purpose of considering any such. application the Minister may call for and obtain such information as he considers necessary to determine the application.
(3) For the purposes of this section -
(a) a person is deemed to have control of a company -
(i) if the person or his nominee holds, or the person and his nominee hold, a total of 20 per cent or more of the issued equity shares in the company;
(ii) if the person is entitled to appoint, or prevent the appointment of half, or more than half, of the directors of the company; or
(iii) if the person is entitled to exercise, or control the exercise of, the right to cast votes in respect of not less than two-fifths of the total number of votes in respect of the issued equity shares in the company;
(b) "equity shares", in relation to a company, means shares in the company having voting rights at any general meeting of the company and includes preference shares, other than preference shares which do not have such voting rights;
(c) "preference shares" means shares which carry the right to, payment of a dividend of a fixed amount, or not exceeding a fixed amount, in. priority to payment of a dividend on another class or other classes of shares, whether with or without other rights; and
(d) the reference in paragraph (a)(iii) to the entitlement to control the exercise of the right to cast votes shall be read as including an entitlement to control the exercise of that right directly or indirectly, and includes control that is exercisable as a result of or by means of trusts.
PART XI
RESTRICTIONS AND SURFACE RIGHTS
APPLICATION OF PART XI
31. Notwithstanding anything in this Act the provisions of this Part apply -
(a) in relation to the exercise by a licensee of his rights in respect of certain lands;
(b) in relation to surface rights; and
(c) with respect to the payment of compensation for damage done by a licensee.
RESTRICTIONS
(a) except with the written consent of the Minister responsible for land in respect of -
(i) any public land, or
(ii) any land dedicated as a place of burial or which is a place of religious significance;
(b) subject to subsection (3), except with the written consent of the lawful occupier thereof in respect of -
(i) any land which is the site of, or which is within 200 metres or such greater distance as may be prescribed, of any inhabited, occupied or temporarily unoccupied house or building,
(ii) any land within 50 metres or such greater distance as may be prescribed, of land which has been cleared or ploughed or otherwise bona fide prepared for the growing of, or upon which there are growing, agricultural crops;
(c) in respect of any land within, or within 200 metres or such greater distance as may be prescribed, of the boundaries of any township, except with the written consent of the local authority having control over the township;
(d) in respect of any land within, or within 200 metres or such greater distances as may be prescribed, of the boundaries of any village, or of any land set aside or required for a village, a new village or a village extension, except with the written consent of the Minister responsible for land; or
(e) in respect of any prescribed land or area except with such consent as may be prescribed.
(2) Any consent under subsection (1) paragraph (a), (c) or (d) may be given unconditionally or subject to such conditions as are specified in the instrument of consent.
(3) Where, in the opinion of the Minister responsible any consent under subsection (1)(b) is being unreasonably withheld, he may, on such conditions (if any) as he may impose, give in writing the consent required.
(4) Any dispute as to whether subsection (1)(b) applies in relation to any land or as to whether any person is a lawful occupier of the land shall be decided by the Minister responsible for land.
COMPENSATION FOR DISTURBANCE OF RIGHTS, ETC.
(2) If the licensee and a lawful occupier fail to reach agreement with respect to the payment of compensation, or the amount of compensation payable, pursuant to subsection (1) in any particular case, either party may retire the matter to the Lands Referee whose decision thereon shall be final.
COMPULSORY ACQUISITION OF LAND
(2) In assessing any compensation for land declared public land in accordance with subsection (1) there shall be taken into account the market value of the land (exclusive of the increase in the value of such land by reason of the existence thereon of any minerals) and the improvements thereon, reasonable allowance being made for any damage that may be caused by severance and if there be a lessee or custom owners thereon they shall receive reasonable compensation for disturbance.
(3) If no agreement is reached on the amount of compensation payable in pursuance of subsection (2) either party may refer the matter to the Lands Referee whose decision shall be final.
REGISTRATION OF INTEREST IN THE LAND REGISTER IN CERTAIN CIRCUMSTANCES
(2) Without prejudice to the power of the Director of Land Records to require further information, a notification from the Director shall be sufficient evidence to support a note in the land register as aforesaid.
(3) The Director of Land Records shall not be concerned to note any dealing in any licence, nor to file in the land registry, nor to furnish copies thereof, nor to provide for inspection any instrument embodying a licence, variation, surrender or determination as aforesaid.
PART XII
OFFENCES, PENALTIES AND PROCEEDINGS
POWER OF DIRECTOR AND AUTHORISED PERSONS
(b) inspect anything on that land;
(c) take samples of anything on that land; and
(d) carry out such other function as may be prescribed.
OFFENCES
(a) in the case of an individual, to a fine of VT100,000 or to imprisonment for a term not exceeding 6 months or to both;
(b) in the case of a body corporate, to a fine not exceeding VT500,000.
ILLEGAL OPERATIONS
(2) Any person who, without reasonable excuse, obstructs, molests, hinders or pre- vents a licensee in or from the doing of any act which he is authorised by this Act or his licence to do is guilty of an offence and is liable on conviction to a fine not exceeding VT100,000 or to imprisonment for a term not exceeding 6 months or to both such fine and imprisonment.
(3) Any person who -
(a) in, or in connection with, any application under this Act, knowingly or recklessly gives information which is false or misleading in a material particular; or
(b) in any report, return or affidavit submitted in pursuance of any provision of this Act, knowingly or recklessly includes or permits to be included any information which is false or misleading in a material particular;
is guilty of an offence and is liable on conviction -
(i) in the case of an individual, to a fine not exceeding VT100,000 or to imprisonment for a term not exceeding 6 months or to both such fine and imprisonment, or
(ii) in the case of a body corporate, to a fine not exceeding VT500,000.
OFFENCES BY BODY CORPORATE
ORDER FOR FORFEITURE IN RESPECT OF CERTAIN OFFENCES
EVIDENTIARY PROVISION
(a) a licence was granted, issued, transferred, or cancelled on or with effect from the date specified in the certificate;
(b) any land identified in the certificate, is or was on the date specified in the certificate, subject to a licence;
(c) the person named in the certificate is or was on the date specified in the certificate the holder of a licence;
(d) a condition specified in the certificate -
(i) is or was on the date specified in the certificate a condition of the licence; or
(ii) is a condition on which any consent or approval, as specified, was issued or given;
and, without prejudice to the right to adduce evidence in rebuttal, such a certificate is admissible as evidence of that matter in any proceedings before a court.
(2) The power under subsection (1) to issue a certificate affirming any matter includes a power to issue a certificate denying that matter.
PART XIII
ORDERS AND REGULATIONS
ORDERS AND REGULATIONS
(2) Any Order or regulations made under this section or any other provisions of this Act may provide that any failure to comply therewith or any contravention or breach thereof shall be punishable by such fine not exceeding VT100,000 or by such term of imprisonment not exceeding 12 months as may be specified in such Order or regulations, or by both such fine and imprisonment.
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SUBSIDIARY LEGISLATION
GEOTHERMAL ENERGY (PROSPECTING LICENCES) REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
7. Licensee's address in Vanuatu
SCHEDULE-Form of prospecting licence
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SUBSIDIARY LEGISLATION
GEOTHERMAL ENERGY (PROSPECTING LICENCES) REGULATIONS
To make provision concerning the application for and grant of prospecting licences.
APPLICATIONS
(2) All applications for the grant of a prospecting licence shall be -
(a) for an area whose boundaries are straight lines running to the north-south and east-west;
(b) for one piece of land whose total area does not exceed 100 km²; and
(c) accompanied by a plan of a scale not less than 1:100,000 (one to one hundred thousand) showing the area applied for and also giving the latitude and longitude of the comers of the area.
MINISTER'S POWERS
FEE
PROSPECTING LICENCE
4. A prospecting licence shall be in the form set out in the Schedule.
LICENCE NOT TRANSFERABLE
REVOCATION
LICENSEE'S ADDRESS IN VANUATU
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SCHEDULE
FORM OF PROSPECTING LICENCE
REPUBLIC OF VANUATU
GEOTHERMAL PROSPECTING LICENCE NO. .............................
("The Licensee") the exclusive right to prospect for
............................................................................................................................ in the area set out in Annex 1 for a period of ......................................................... beginning ............................................. and ending ...........................................
DATED this day of 198 .
.............................................................................
Minister
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ANNEX 1
Prospecting Area
ANNEX 2
Conditions of Licence
1. Any term defined in the Act shall have the same meaning in this Annex.
2. All unskilled employees of the Licensee in Vanuatu shall be citizens of Vanuatu.
(2) If the Minister determines that such appointment is likely to be prejudicial to the interests of Vanuatu, he may require the Licensee to revoke such appointment, failing which the Minister may cancel this licence forthwith.
6. This licence is not transferable except with the consent in writing of the Minister.
ANNEX 3
PLAN OF WORK
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URL: http://www.paclii.org/vu/legis/consol_act1988/gea183