An Analysis of the Legal Framework for State Land Management in Trinidad & Tobago"[LM014]-
This
Report provides an analysis of the hypothesis that “the legal framework for
State land management in Trinidad and Tobago is based on consistent policies and
is composed of harmonized laws and regulations for all State owned land”.
It describes the Land Management functions of the major statutory and
administrative bodies which have been established in Trinidad and Tobago since
Independence for this purpose and which are charged with the responsibility of
some aspect or aspects of State land management.
It attempts to determine where the policies of these entities appear to
conflict with the provisions for State land management functions conferred by
the State Lands Act, through its repository of power, the
Commissioner of State Lands. It
also identifies the areas which are harmonious and which seem to accord with a
uniform policy of Land Management.
While
the Report in the main, raises questions about the initial hypothesis, there are
instances where harmony of policy exists. The
proposed Planning and Development of Land Bill provides great
potential for harmonizing State land management functions through its operations
and machinery. Recent attempts also
by the GORTT in the form of the merging of the National Parks and Protected
Areas System with that of the Environmental Management Authority and the
attempts to restructure the work of the Lands and Surveys Division constitute
important and laudable steps in the right direction.
See also:
“A New Administration and Policy for Land” produced by the Ministry of Planning and Development of the Government of the Republic of Trinidad and Tobago (GORTT) which sets out the land use policy of the GORTT and lists 42 pieces of legislation relating to Land Management and Administration
This Report examines 19 pieces of legislative enactment relating to land management and administration in Trinidad and Tobago since 1994. It concludes that the legislative enactments dealing with land administration and land management or both since 1994 are wide and varied. The functions of the Statutory bodies are broad encompassing and require the support of efficient administrative mechanisms to complement their existence. Without these administrative and ancillary support services, these entities cannot be expected to adequately perform the functions for which they are intended to do. Among its recommendations is that the GORTT undertake a legal review of the several bodies dealing with land administration or land management with a view to identifying the respective functions of these entities.
Review
of Property Taxation in Trinidad & Tobago [LM074]
The
Report identifies some of the major problems facing the regime of property
taxation in Trinidad & Tobago. Among those identified are the is
a lack of uniformity in the law and practice of property tax, the lost of any
ability to raise adequate revenues to meet the growing expenditure needs of
Local Governments. The Report also
recognizes the need to improve the state of records relevant to the efficient
administration of property tax and to address the major staff shortages at the
professional and technical levels within the Valuation Division, which is
responsible for all valuation under the Lands and Buildings Taxes Act and now
under the Municipal Corporations Act.
Report
on the Procedures to Regularize the occupation of Farmers on State Agricultural
Land.
The GORTT, therefore, established a Multi-Disciplinary Committee to investigate the current process and recommend reforms. Volume one of the final report details the methodology used by Ernst & Young and the Multi-Disciplinary Committee to devise the new procedures, the three budgets called for in the Terms of Reference, details of further investments and improvements that could be made under the ASIP to further accelerate the process, and a brief description of some of the possible constraints to the successful implementation of the ALDP and proposed ASIP regularisation / distribution activities. Volume two of the final report contains detailed manuals outlining the procedures to be used in the implementation of both the ALDP and the proposed ASIP.
GIS
Experiences in Trinidad &
Tobago and their Potential Influence on Land Management [LM023]
The goal of developing a policy objective framework for land administration includes a goal of integrating land information and land management functions among institutions. This is because land information is necessary to support land management plans and decisions, and because land administration and land management responsibilities and mandates are scattered through several organizations. This report focuses on the experiences of institutions that have either an operational GIS or information structures in place that serve the needs of state land management. Information compiled about the agencies, their GIS experiences and data policies are evaluated to assess how they can contribute to and affect the formulation of a national land and geographic information system.
Land
Administration Activities and Issues in Trinidad and Tobago:
The need for coordination of L/GIS activities between public sector agencies has long been recognized. So also is the desire to implement a nationwide GIS. However, a broad array of technical (e.g., lack of up-to-date and complete data, unique parcel reference number), fiscal (e.g., sustained funding for software, hardware, and particularly staff retention and training), and particularly organisational hurdles (e.g., incomplete or overlapping authority, conflicting mandates) has prevented significant progress toward these goals. This Report reviews among others The INPPC Working Group on National Land/GIS, Automation of Land Records at the Registrar General Department; Pending legislation – Land Adjudication, Tribunal and Registry; Freedom of Information Act and Land management agencies GIS activities.
Project
Proposal to develop a Lease
Management System and a Workflow Management System.
[LM065]
According to the Lands and Surveys
Division Strategic Plan 1999-2003, there are around 30,700 active files relating
to leases. The “Overview of the Role of the Commissioner of Lands and the
Procedures and Policies regarding Granting and Administration of Leases”(1989
approx.) describes types of files stored and indicates that there are
approximately 16,000 Leases and Tenancy Agreements and 6000 isolated lots under
the National Housing Authority program. The rest of the files fall into requests
for surveys, application for access roads, claims and complaints, recreation
grounds, cemeteries, school sites and churches, health and sanitation areas and
other miscellaneous files. There is no way to assess the actual number of active
files pertaining to leases without a physical check. However, for purposes of
this project, it may be safe to surmise that the number of leases/licenses and
agreements is within 25,000.
The project seeks to:
a)
To facilitate effective lease
management, to respond speedily to requests from members of the public and to
eliminate stagnation and delay in processing applications
b)
To computerize the essential data
from State land records which are
at present held in 30,000 paper files to create a database that would facilitate
more effective lease management and to maintain current information on tenure
status, rental payment status, compliance with the terms and conditions of
leases/agreements
c)
To track progress of all
applications made to the Commissioner of State lands and identify delays within
the Division as well as with other Government agencies; and take follow up
action in a timely manner
Manual
of Procedures for State Land Management
This Manual of Procedures is expected to assist practitioners of State Land Management in identifying the procedures that have to be adopted in dealing with numerous aspects of management of State land in Trinidad and Tobago. It should be read with legislation, regulations and policies promulgated by Government. The Manual does not supercede them in any manner. It only attempts to lay down the procedures that land officers should follow in the exercise of their duties and responsibilities and relies heavily on the 1992 Policy Document, the “Procedures and Policies” Document of 1989 and the Operations Manual of the Land Administration Division of the Ministry of Agriculture, Land and Marine Resources issued in May 1996.
An Outline of Training Modules for the Staff of the Commissioner of State Lands and the Proposed State Land Management Authority [LM055]
The outline of the training modules presented in this paper is specifically designed to satisfy the strategic needs of the Commissioner of State Lands and the proposed State Lands Management Authority. They are meant for in-house training. The University of West Indies at St. Augustine will provide an advanced course of specialized training for key public sector professionals leading to a Graduate Diploma in Land Management.
The Objectives of the Training Module are to:
(a) Provide in-house training to all categories of staff of the Commissioner of State Lands and the proposed State Land Management Authority
(b) Upgrade the skills of the existing staff to perform assigned duties and functions
(c) Bring efficiency and effectiveness into its operational activities and increase the productivity of the staff by imparting the necessary skills
(d) Fully utilize technological innovations to its best advantage and promote opportunities for learning to all levels of staff
Policy for the Management of State Lands [LM030]
The policy paper of 1992 lamented over the agricultural utilization levels, loss of agricultural lands to other uses and the abandonment of agricultural lands and attempted to bring about a change by the new policy environment. However, the trend appears to continue, in spite of policy changes as can be seen from the data furnished below.
This Policy paper identifies the Policy goals of utilizing state land resources on a sustainable basis giving economic viability, social and ecological sustainability equal emphasis in the allocation of state land; promoting orderly and planned development of state land resources and ensuring that property rights are well-defined, exclusive, secure, transferable and enforceable and to take effective action to contain squatting and encroachment of state land. It also lists Policy Strategies for achieving the same.
Concepts and Language to assist Preparation of Legislation to establish the State Land Management Authority [LM056]
This
paper is designed to assist in the preparation of new legislation to establish
the State Land Management Authority, particularly to transform policy goals and
objectives into the body of legislation.
The Document helps to define the four (4) basic functions of the Commissioner of State Lands, namely:
(a) Development
(b) Regulatory
(c) Advisory
(d) Coordination
The Report also seeks to clarify provisions which would enable the Commissioner of State Lands to perform a dual role, namely the functions of the Commissioner of State Lands as custodian of all state lands empowering him to exercise all rights of ownership vested in the State in respect of State lands and that of the Executive Director of the State Land management Authority.
This action plan is based on the Business Plan developed for the establishment of the State Land Management Authority. It attempts to identify the procedural, technological, training and coordination requirements to ensure institution sustainability. The merger of the Commissioner of State Lands office and the Land Administration Division into the new State Land Management Authority has to be undertaken on a carefully planned basis. Filling of the post of Commissioner of State Lands without delay will facilitate carrying out essential reforms to the office of the Commissioner of State Lands. Such reforms will eliminate some of the flaws identified in the organizational structure. When the transition takes place, the Authority will be better equipped to undertake the tasks entrusted with relative ease. The Report also specifies some operational actions including the approval of the Policy Paper on State Land Management, agreement with the Ministry of Energy, implementing the Lease Management System and the Workflow Management System, promoting Legislation, the financial strategy and coordinating with other land distribution programmes.
An Implementation Plan for the Commissioner of State Lands [LM062]
The implementation plan is based on the recommendations made in the study titled “Assessment of the Commissioner of State Lands” dated March 15, 2000. However, the plan takes into consideration the proposed merger of the office of the Commissioner of State Lands with the Land Administration Division. The recommendations pertaining to staff, vehicles, equipment, office space and additional financial resources are not being taken up for implementation at this stage, as the Business Plan of the new Authority has provided resources to address these issues. In the event no finality is reached as to the merger of the two agencies and the establishment of the Authority, action has to be initiated to implement those recommendations as well. Annex A provides a summary of additional actions needed, to implement those recommendations.
Job Criteria for
the Commissioner of State Lands [LM063]
A Description of the purpose of the position of Commissioner of State Land, the relationships that have to be maintained and the content of the work activities of this office.
Report on the Options for a State Land Management Entity
[LM048]
The LUPAP team conducted four “collective determination” sessions involving both researchers and members of our Steering Committee. These sessions addressed the following questions:
a) What should be the minimum set of comparative indicators to use in assessing the management of state lands?
b) What have we found out from our assessment?
c) On the basis of our assessments what are the feasible options for the reconstitution of an administrative and legal framework for state land management?
The team (including consultants and their counterparts) also initiated a review of past land management policy documents and studies, and gathered supplementary information pertaining to State land management by the agencies selected for the LUPAP study. The options expressed in this Report addressed the following questions:
Without any administrative merging, what can be done to improve the effectiveness and efficiency of the main state land management agencies?
Is the merging of 2 or more state land management agencies and/or some land administration functions from land administration agencies into a Land Management Entity justified?