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