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Foreshore and Land Reclamation Ordinance

LAWS OF TUVALU
REVISED EDITION 1978

CHAPTER 26

FORESHORE AND LAND RECLAMATION

ARRANGEMENT OF SECTIONS

Section
1. Short title
2. Interpretation
3. Declaration of ownership of foreshore and sea-bed
4. Minister may authorise undertaking
5. Not applicable to causeways and landing-places constructed by a public body
6. Extinguishment of rights
7. Limitation of claims
8. Jurisdiction over and determination of claims
9. Vesting of reclaimed land
10. Agreements relating to reclaimed land or works
11. Landowner's liberty to fill foreshore not to constitute a right
12. Savings
13. Regulations

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An Ordinance declaratory of the ownership of the foreshore and regulating certain reclamation projects

Commencement: 10th June 1969

5 of 1969
3 of 1972
(Cap. 26 of 1973)
2 of 1974
7 of 1978

Short title

1. This Ordinance may be cited as the Foreshore and Land Reclamation Ordinance.

Interpretation

2. In this Ordinance unless the context otherwise requires-

"foreshore" means the shore of the sea or of channels or creeks that is alternately covered and uncovered by the sea at the highest and lowest tides;

"reclamation of laid" or "reclamation" includes the construction of causeways, bridges, viaducts, piers, docks, quays, wharves, embankments, sea-walls, landing-places and other structures;

"sea-bed" means the bed of all territorial and inland tidal waters.

Declaration of ownership of foreshore and sea-bed

3. (1) Subject to the public rights of-

(a) navigation and fishing, and

(b) of passing over the foreshore, and

to any private fights that may exist in or over the foreshore or the sea-bed, the ownership of the foreshore and sea-bed vests in the Crown.

(2) No person shall remove from the foreshore of any part of Tuvalu any sand, gravel, reef mud, coral or other like substance without having first obtained from the island council in whose area of authority such foreshore lies a licence for that purpose.

(3) A licence required by subsection (2) may be issued subject to such conditions as the island council thinks fit.

(4) A person who contravenes subsection (2) or a condition subject to which a licence required by that subsection was issued shall be liable to a fine of $250.

Minister may authorise undertaking

4. (1) Subject to section 11 (1) the Minister may, in accordance with this section, authorise the reclamation of land over and upon the foreshore or the sea-bed irrespective of the ownership of land bordering on or of whether any land borders on such foreshore or sea-bed.

(2) Notification of the proposed reclamation shall be published-

(a) in two successive issues of a government publication,

(b) by being broadcast on two successive days over the Tuvalu radio, and

(c) by posting at each police station on the island where the land is to be reclaimed.

(3) A notification under subsection (2) shall-

(a) describe the proposed reclamation and give the approximate area to be occupied in connection therewith; and

(b) Call upon all persons having objections to the reclamation or any claims of private right in respect thereof to submit to the Lands Officer before the expiration of such period, being not less than 6 weeks, as maybe specified in such notification, such objections or claims in writing specifying the nature thereof and giving an estimate of any loss which it is alleged would be incurred by reason of the extinguishment of any private right.

(4) (a) Whenever claims or objections are submitted pursuant to subsection (3) (b) and the Minister considers it expedient so to do, he may appoint one or more persons to hold an inquiry on such matters as he may set out in the terms of reference.

(b) Such person or persons shall keep or cause to be kept a record of any evidence taken at the inquiry and shall transmit the same together with a report of their findings to the Minister.

(5) The Minister may, after considering the proposed reclamation together with all objections and claims submitted and, where an inquiry has been held, the evidence taken by, and the report of the person or persons holding the inquiry, authorise such reclamation with or without modifications.

(6) A notification of such authorisation together with a description of the proposed reclamation shall be published at the Public Office of the Government.

Not applicable to causeways and landing places constructed by a public body

5. Nothing in section 4 shall apply to the construction of causeways and of landing-places by, or on behalf of, the Government or by local government councils.

Extinguishment of rights

6. Upon publication of the authorisation of a proposed reclamation or upon the construction of a causeway or landing-place, all public and private rights of navigation or fishing and rights ancillary thereto, all public and private rights of access or user, and all other public or private rights (if any) in, upon or over the foreshore or sea-bed occupied by the proposed reclamation or by the causeway or landing-place shall be extinguished and cease to exist.

Limitation of claims

7. (1) Save as provided by this Ordinance, no claim shall at any time be made, action brought or continued in respect of the extinguishment under section 6 in whole or in part of any public or private right, or in respect of the injurious affection, resulting from the reclamation, of any public right.

(2) Any person who submitted a claim of private right in accordance with section 4 (4) may, within 3 months of the notification under section 4 (6), submit a claim in respect of the extinguishment of such private right.

(3) Any person whose private right may have been extinguished by the construction of a causeway or landing-place may within 3 months of the completion of such causeway or landing-place, submit a claim for compensation in respect of the extinguishment of such private right to the public body responsible for the construction of the causeway or landing-place.

Jurisdiction over and determination of claims

8. (1) The Senior Magistrate's Court where the value of the claim is not more than $1000, or in other cases, the High Court, shall hear and determine any claim for compensation under section 7 in the same manner as any civil action instituted in such court:

Provided that where a claim made under section 7 rests upon a title liable to registration by the lands court under the Native Lands Ordinance, the claim shall not be entertained unless the title upon which it rests had been registered prior to the notification of authorisation under section 4 (6) or prior to the construction of the causeway or landing-place, as the case may be.
Cap.22

(2) Notwithstanding subsection (1) the Minister or the local government council, as the case may be, may enter into an agreement with any claimant for the compromise or settlement of his claim.

Vesting of reclaimed land

9. (1) Subject to subsection (2) any land reclaimed otherwise than under section 11 (1) shall vest in the Crown.

(2) Causeways and landing-places constructed by a local government council shall, subject to the right of the Minister to call for their surrender to the Crown at any time, vest in that council.

Agreements relating to reclaimed

10. The Minister may enter into an agreement with any person to either before or after the completion of an undertaking for the sale, lease or the granting of any other rights over the reclaimed land or other works.

Landowner's liberty to fill foreshore not to constitute a right

11. (1) Without prejudice to any public or private rights that may be affected thereby, this Ordinance shall not apply to the filling by a landowner of the whole or any portion of the foreshore that borders on his land.

(2) Nothing in subsection (1) shall be deemed to recognise or create any right or claim, or any greater right or claim than but for that subsection would exist and be recognised and enforceable by action in court.

Savings

12. (1) Nothing in this Ordinance shall be deemed to be in derogation of any of the powers, rights and prerogatives of the Crown.

(2) Nothing in this Ordinance shall affect section 28 of the Harbours Ordinance (which provides, inter alia, for the grant of a licence for the erection of boat-sheds, wharves or landing-places in harbours), or any harbour works that may be constructed under that Ordinance.
Cap. 88

Regulations

13. The Minister may make regulations-

(a) prescribing the form of licence required by section 3 (3) and the fees to be paid therefor;

(b) further to control the removal from the foreshore of any substance referred to in section 3 (3).

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SUBSIDIARY LEGISLATION

[Subsidiary]

Regulations under section 13.

L.N. 17/79
L.N. 7/82

FORESHORE LICENCE REGULATIONS

Citation

1. These regulations may be cited as the Foreshore Licence Regulations.

Application for licence

2. (1) An application under the provisions of section 3(2) of the Foreshore and Land Reclamation Ordinance for a licence to remove substances from the foreshore of any island or islet shall be made to the Executive Officer of the Island Council in whose area of authority such island or islet lies.

(2) Every application shall be in writing and shall state the name, occupation and address of the applicant, the substance to be removed, the place from which and the purpose for which it is to be removed, the method of its removal and the number of men to be employed, the approximate amount of material it is proposed to remove, and the period for which the licence is required.

Power of Island Council

3. (1) The Island Executive Officer shall refer every application for a licence to the Island Council in question, and shall only issue a licence on the instructions of the Council to do so.

(2) The Island Council may refuse to authorise the issue of any licence if satisfied that the grant of it would lead to erosion of the shore line or other detrimental effects on the adjacent land, and may impose reasonable conditions to avoid such effects. The Council may also for good cause impose general conditions upon or refuse to authorise the grant of any licence:

Provided that an applicant for a licence may appeal to the Minister against the refusal of or conditions imposed upon the grant of any licence, and the Minister's decision shall be final.

(3) The Island Council may cause any licence to be amended or cancelled, with a refund of any fee paid if necessary, for the purpose of preserving adjacent land as aforesaid.

Form of licences

4. Every licence shall be in the form set out in the Schedule and shall specify the period for which it is valid, the substance which may be removed, the amount thereof and the purpose for which it may be used, the place from which and the hours during which it may be removed:

Provided that where an Island Council has by resolution fixed the fee payable under the provisions of regulation 5 (1) the form may (if necessary) be amended to take account of the provisions of the resolution fixing the method of assessment of the fee.

Fees for licences

5. (1) The fee payable for every licence granted under these regulations shall, subject to the provisions of the regulations, be such sum and relating to such period or collection of such quantity of substance as shall be fixed by the Island Council in whose area of authority the foreshore in question lies:

Provided that if no resolution is made under the provisions of this paragraph then the fee payable shall be $1.00 per week for each person employed or engaged in the removal of substances under the licence.

(2) Fees received for foreshore licences shall be paid into the general revenue fund of the Island Council.

Special provisions for councils and Government

6. (1) No fee shall be payable by an Island Council wishing to remove substances from the foreshore within its own area of authority, but such Council shall obtain a licence and shall observe any general or specific directions made by the Minister in respect of any part of the foreshore.

(2) No fee shall be payable by any person or body wishing to remove substances from the foreshore under the general or specific authority of a Minister, acting in his capacity as such, but such person or body shall obtain a licence and shall observe any general or specific directions made by the Minister in respect of any part of the foreshore.

SCHEDULE

(Regulation 4)

FORESHORE AND LAND RECLAMATION ORDINANCE (CAP 26) FORESHORE LICENCE

1. Authority is hereby granted to (name) .................... of (address).................................. to remove sand/gravel/stones (or as may be; specify) ............. from the foreshore between high and low water marks fronting the land situate at ...............................................

2. The removal of such substance is restricted to the hours of 6.00 a.m. to 6.00 p.m. Monday to Saturday, and may only be effected by means of (specify equipment)...........................................................

3. This licence covers the employment of ......persons in the removal of substances, which are to be used for the purpose of (specify) ......................

4. This licence expires on the ............day of ................19....unless renewed.

5. A fee of $ ......... has been collected on RR No

Dated
Signed

Island Executive Officer

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