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Land For Foreign Purposes Act 1992 and 1993

SAMOA

LAND FOR FOREIGN PURPOSES ACT 1992/1993

Arrangement of Provisions

1. Short title
2. Interpretation
3. Extended meaning of “Foreign Organisation”
4. Power to grant leases and licences
5. Ratification of prior grants
6. Alienation of freehold land
   

LAND FOR FOREIGN PURPOSES ACT 1992/1993

1992/1993 No. 27

AN ACT to make provisions for the grant of interests in freehold and public land to foreign States and to certain international and other organisations. (

[Assent and commencement date: 11 February 1993]

1. Short title – This Act may be cited as the Land for Foreign Purposes Act 1992/1993.

2. Interpretation – In this Act, unless the context otherwise requires:

“foreign State” has the meaning given to it by section 8 of the Diplomatic Privileges and Immunities Act 1978;

“foreign organisation” means an organisation to which section 9 of the Diplomatic Privileges and Immunities Act 1978 applies, and includes an organisation to which section 3 of this Act applies;

“Minister” means the Minister of Natural Resources and Environment, under the Lands, Surveys and Environment Act 1989 and includes any person who held the equivalent office under any earlier enactment.

3. Extended meaning of “foreign organisation” – Where a non-profit making organisation or a Government organisation of any foreign State is acting in Samoa for the primary purpose of rendering assistance to the Government or people of Samoa, the Head of State acting on the advice of Cabinet may by Order determine that such organisation is a foreign organisation for the purposes of this Act.

4. Power to grant leases and licences – Despite the provisions of any other enactment, the Minister responsible for Lands may grant to any foreign State or foreign organisation a lease of or licence to occupy such freehold or public land as the Minister may deem appropriate in the circumstances, and for such term and for such rental and subject to such covenants conditions and stipulations as may from time to time be agreed upon between the Minister responsible for Lands and the foreign State of foreign organisation.

5. Ratification of prior grants – A lease or licence of freehold or public land which purports to have been granted by the Government or the Minister prior to the commencement of this Act to a foreign State or to an organisation, which is, or becomes, pursuant to this Act, a foreign organisation, is by this Act ratified and declared to be valid and lawful for all purposes.

6. Alienation of freehold land – Section 5(1)(i) of the Alienation of Freehold Land Act 1972 is amended by adding after the word “State” the words “or to or by any foreign organisation to which the Land for Foreign Purposes Act 1992/1993 applies”.

REVISION NOTES 2008 – 2012

This Act has been revised under section 5 of the Revision and Publication of Laws Act 2008.

The following general revisions have been made:

(a) Amendments have been made to conform to modern drafting styles and to use modern language as applied in the laws of Samoa.

(b) Insertion of the commencement date

(c) Other minor editing has been done in accordance with the lawful powers of the Attorney General.

(i) “Every” changed to “a” where appropriate
(ii) Present tense drafting style: “is empowered to” changed to “may”
(iii) Removal/replacement of obsolete and archaic terms with plain language: “notwithstanding” changed to “despite”

There were no amendments made to this Act since the publication of the Consolidated and Revised Statutes of Samoa 2007.

This Act has been revised in 2008, 2009, 2010, 2011 and 2012 by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is the official version of this Act as at 31 December 2012. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Aumua Ming Leung Wai
Attorney General of Samoa

Revised in 2008 by the Legislative Drafting Division under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel).

Revised in 2009, 2010 and 2011 by the Legislative Drafting Division under the supervision of Papalii Malietau Malietoa (Parliamentary Counsel).

Revised in 2012 by the Legislative Drafting Division.

The Land for Foreign Purposes Act 1992/1993 is administered by the Ministry of Natural Resources and Environment.