terra institute ltd. turks and caicos islands ministry of natural resources implementing the 2005...

October 16th, 2007 1

TERRA INSTITUTE LTD.Turks and Caicos IslandsMinistry of Natural Resources

Implementing the 2005

Crown Land Policy

Crown Land Legal and Administrative Procedures Seminar

PROPOSED CROWN LAND PROCEDURES AND MANUAL

Sean Johnson MRICS

Land Administration ConsultantTerra Institute Ltd




Crown Land Policy

• Presentation Outline

– Background

– Land Administration

– Land Management

– Discounts

– Monitoring and enforcement

– Appeals etc.




Crown Land Policy

• 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.”




Crown Land Policy

• 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.”




Crown Land Policy

• 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)




Crown Land Policy

• Reasons

Applications received

Approvals Granted

Letters of Offer CPL's registered Freehold titles registered

160

2747

6040




Crown Land Policy

• 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




Crown Land Policy

• Purpose of the Manual

– Procedures for applications

– Procedures for allocation

– Procedures for management

– Procedures for administration

– Procedures for information




Crown Land Policy

Crown Lands Department

Applicant

Free-holder

Honorable Minister of

Natural Resources

Director, Planning

Dept. Governor Registrar of

Lands

Director, Valuations

Dept.

Lease-holder

Chief Surveyor

Make application

Successful applicant

Mak

e off

er

Accept O

ffer Prov

ide

Leas

e

Transfer ti

tle

Pay

leas

e re

nt

Pay for la

nd

Approve allocation &

transfe

r

Provid

e lot

plan

Provide

land value

Grant

Plan.

Permiss

ion

Sign CPL

&

Transfer

Register CP Lease &

Transfer




Crown Land Policy

• Procedures Crown Land Ordinance

Crown Land Regulations

Crown Land Manual Procedures

Procedures

Procedures




Crown Land Policy

• 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)




Crown Land Policy

• 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




Crown Land Policy

• 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)




Crown Land Policy

• Crown Land Management Information System

– Crown land registry

– Property and asset management CLMIS

Land RegistersCrown land inventory

Existing CL records




Crown Land Policy

• Crown Land Management Information System

Parcels Proprietors

Applications

DiscountsRents

Land RegisterLand use planning

Companies register




Crown Land Policy

• Computerization of the Land Registers

– “Cayman project”

Surveys Land RegistryCrown Land

Private usersTCIG users




Crown Land Policy

• Future configuration?

Surveys Valuations Land RegistryCrown Land

Private usersTCIG users

Crown Land Management Information System

National Land Information System

Planning




Crown Land Policy

• 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 - )

DominicaSt Kitts & Nevis (1886 – )

Trinidad & Tobago (1892 - )




Crown Land Policy

• 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…. …




Crown Land Policy

• Surveying and Mapping of Crown Land

– Land Survey Ordinance

– Registry Map




Crown Land Policy

• Crown Land Management

– Development

– Allocation

– Dispositions

– Acquisition

– Monitoring

– Enforcement




Crown Land Policy


– Planned and managed development for delivery of Crown land by the Crown Lands Department Forward Planning

National Physical Development Plan

Planning permission

Subdivision




Crown Land Policy


– Managed delivery of Crown land by the Crown Lands Department Land identified, subdivided

and developed

Public offering of land

Allocation




Crown Land Policy


– Allocation Public invitation to apply

Offer by public tender

Public auction

Private treaty




Crown Land Policy


– 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




Crown Land Policy


– 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




Crown Land Policy


– By public auction Commercial use

Large or undivided parcels

High demand for high potential location

Public or sealed bids




Crown Land Policy


– By private treaty Land must be publicly offered first

Within a reasonable period of time




Crown Land Policy

Land zoned for residential development

Application to Minister of Planning for certificate of approval to subdivide

Land zoned for commercial development

Application to Minister of Planning for certificate of approval to subdivide

Offer land for commercial

tenders

Identify sufficient residential and commercial land suitable

for allocation and development in the coming planning cycle of

the National Physical Development Plan

Cabinet approval Cabinet approval

The process..




Crown Land Policy

Application for outline development permission prepared taking into

account any conditions in the certificate of approval

Cadastral survey, subdivision approval and registration

Offer land for residential applications

Allocation by ballot

Conditional purchase leases offered

Evaluate tenders and

business plans

Agreement signed with successful applicant

Applicant undertakes survey and applies for

outline & final development permission

Conditional purchase leases offered

Lease executed and registered




Crown Land Policy

• 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)




Crown Land Policy

• 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




Crown Land Policy

• 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)




Crown Land Policy

• 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




Crown Land Policy

• 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




Crown Land Policy

• We reach?




Crown Land Policy

• 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




Crown Land Policy

• 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




Crown Land Policy

• Belonger Discounts

– Administration Recorded in Crown Land Management Information

System

Protected by registered charge

Changes in company share ownership reported by Registrar of Companies




Crown Land Policy

• 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




Crown Land Policy

• Rents and fees

– Unchanged

– Explained and listed in manual




Crown Land Policy

• 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




Crown Land Policy

• 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




Crown Land Policy

• 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




Crown Land Policy

• The final words … international best practice




Crown Land Policy




Crown Land Policy

• Any Questions

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