Transcript Document

Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
Crown Land Legal and Administrative Procedures Seminar
PROPOSED CROWN LAND PROCEDURES
AND MANUAL
Sean Johnson MRICS
Land Administration Consultant
Terra Institute Ltd
October 16th, 2007
1
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• Presentation Outline
– Background
– Land Administration
– Land Management
– Discounts
– Monitoring and enforcement
– Appeals etc.
October 16th, 2007
2
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
•
Crown Land Policy
TERRA INSTITUTE LTD.
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.”
October 16th, 2007
3
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
•
Crown Land Policy
TERRA INSTITUTE LTD.
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.”
October 16th, 2007
4
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• 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)
October 16th, 2007
5
Implementing the 2005
Crown Land Policy
Turks and Caicos Islands
Ministry of Natural Resources
TERRA INSTITUTE LTD.
• Reasons
Applicant
Conditional Purchase
Leaseholder
Successful Applicant
Freeholder
160
47
60
40
27
Applications
received
October 16th, 2007
Approvals
Granted
Letters of Offer
CPL's registered
Freehold titles
registered
6
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• 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
Demand for
Crown Land
Ability of TCIG
to meet
demand
October 16th, 2007
7
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• Purpose of the Manual
– Procedures for applications
– Procedures for allocation
– Procedures for management
– Procedures for administration
– Procedures for information
October 16th, 2007
8
Implementing the 2005
Crown Land Policy
Turks and Caicos Islands
Ministry of Natural Resources
Applican
t
Leaseholder
Successful
applicant
Freeholder
Accep
t Offer
Make
offer
TERRA INSTITUTE LTD.
Crown Lands Department
Honorable
Minister of
Natural
Resources
October 16th, 2007
Chief
Surveyor
Director,
Valuations
Dept.
Director,
Planning
Dept.
Governor
Registrar of
Lands
9
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
• Procedures
October 16th, 2007
Crown Land Policy
TERRA INSTITUTE LTD.
Crown Land Ordinance
Procedures
Crown Land Regulations
Procedures
Crown Land Manual
Procedures
10
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• 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)
October 16th, 2007
11
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• 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
October 16th, 2007
12
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• 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)
October 16th, 2007
13
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• Crown Land Management Information System
– Crown land registry
– Property and asset management
Existing CL
records
October 16th, 2007
Crown land
inventory
CLMIS
Land Registers
14
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• Crown Land Management Information System
Applications
Rents
Land Register
October 16th, 2007
Parcels
Proprietors
Land use
planning
Discounts
Companies
register
15
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• Computerization of the Land Registers
– “Cayman project”
Private users
TCIG users
Surveys
October 16th, 2007
Land Registry
Crown Land
16
Implementing the 2005
Crown Land Policy
Turks and Caicos Islands
Ministry of Natural Resources
TERRA INSTITUTE LTD.
• Future configuration?
TCIG users
National
Land
Information
System
Private users
Crown Land
Management
Information
System
Planning
October 16th, 2007
Surveys Valuations Land Registry
Crown Land
17
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• Maintaining good land records
– registration
Title Registration (Torrens)
Jamaica (1890 - )
Dominica
St Kitts & Nevis (1886 – )
Trinidad & Tobago (1892 - )
October 16th, 2007
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 – ?)
18
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• Registration of Crown land
R.L. 1a
Transfer of Crown Land
R.L. 1b
Transfer of Crown Land and Surrender of Conditional Purchase Lease
R.L. 2
Transfer of Lease
R.L. 3
Transfer of Charge
R.L. 8
Lease
R.L. 8a
Standard Residential Conditional Purchase Lease
R.L. 8b
Standard Commercial Conditional Purchase Lease
R.L. 10
Discharge of Charge
R.L….
…
October 16th, 2007
19
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• Surveying and Mapping
of Crown Land
– Land Survey
Ordinance
– Registry Map
October 16th, 2007
20
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• Crown Land Management
– Development
– Allocation
– Dispositions
– Acquisition
– Monitoring
– Enforcement
October 16th, 2007
21
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• 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
October 16th, 2007
22
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• Crown Land Management
– Managed delivery of
Crown land by the Crown
Lands Department
 Land identified, subdivided
and developed
 Public offering of land
 Allocation
October 16th, 2007
23
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• Crown Land Management
– Allocation
 Public invitation to apply
 Offer by public tender
 Public auction
 Private treaty
October 16th, 2007
24
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• 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
October 16th, 2007
25
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• 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
October 16th, 2007
26
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• Crown Land Management
– By public auction
 Commercial use
 Large or undivided parcels
 High demand for high potential location
 Public or sealed bids
October 16th, 2007
27
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• Crown Land Management
– By private treaty
 Land must be publicly offered first
 Within a reasonable period of time
October 16th, 2007
28
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
Identify sufficient residential
and commercial land suitable
for allocation and development
in the coming planning cycle of
the National Physical
Development Plan
The process..
Land zoned for residential
development
Land zoned for commercial
development
Application to Minister of Planning for
certificate of approval to subdivide
Application to Minister of Planning for
certificate of approval to subdivide
Cabinet approval
Cabinet approval
Offer land for
commercial
tenders
October 16th, 2007
29
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
Application for outline development
permission prepared taking into
account any conditions in the certificate
of approval
TERRA INSTITUTE LTD.
Evaluate
tenders and
business
plans
Cadastral survey, subdivision approval
and registration
Agreement signed with
successful applicant
Offer land for residential
applications
Allocation by ballot
Applicant undertakes
survey and applies for
outline & final development
permission
Conditional purchase
leases offered
Conditional purchase
leases offered
Lease executed and registered
October 16th, 2007
30
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• 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)
October 16th, 2007
31
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• 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
October 16th, 2007
32
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• 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)
October 16th, 2007
33
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• 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
October 16th, 2007
34
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• 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
October 16th, 2007
35
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• We reach?
October 16th, 2007
36
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• 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
October 16th, 2007
37
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• 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
October 16th, 2007
38
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• Belonger Discounts
– Administration
 Recorded in Crown Land Management Information
System
 Protected by registered charge
 Changes in company share ownership reported by
Registrar of Companies
October 16th, 2007
39
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• 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
October 16th, 2007
40
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• Rents and fees
– Unchanged
– Explained and listed in manual
October 16th, 2007
41
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• 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
October 16th, 2007
42
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• 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
October 16th, 2007
43
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• 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
October 16th, 2007
44
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• The final words … international best practice
October 16th, 2007
45
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
October 16th, 2007
Crown Land Policy
TERRA INSTITUTE LTD.
46
Implementing the 2005
Turks and Caicos Islands
Ministry of Natural Resources
Crown Land Policy
TERRA INSTITUTE LTD.
• Any Questions
October 16th, 2007
47