1. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 1 Crown Land Legal and Administrative Procedures Seminar PROPOSED CROWN LAND PROCEDURES AND MANUAL Sean Johnson MRICS Land Administration Consultant Terra Institute Ltd

2. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 2 Presentation Outline –Background –Land Administration –Land Management –Discounts –Monitoring and enforcement –Appeals etc.

3. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 3 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.”

4. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 4 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.”

5. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 5 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)

6. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 6 Reasons ApplicantSuccessful Applicant Conditional Purchase Leaseholder Freeholder

7. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 7 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

8. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 8 Purpose of the Manual –Procedures for applications –Procedures for allocation –Procedures for management –Procedures for administration –Procedures for information

9. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 9 Crown Lands Department Applican t 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 Make offer Accep t Offer Provide Lease Transfer title Pay lease rent Pay for land Approve allocation & transfer Provide lot plan Provide land value Grant Plan. Permiss ion Sign CPL & Transfer Register CP Lease & Transfer

10. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 10 Procedures Crown Land Ordinance Crown Land Regulations Crown Land Manual Procedures

11. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 11 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)

12. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 12 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

13. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 13 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)

14. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 14 Crown Land Management Information System –Crown land registry –Property and asset management CLMIS Land Registers Crown land inventory Existing CL records

15. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 15 Crown Land Management Information System Parcels Proprietors Applications Discounts Rents Land Register Land use planning Companies register

16. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 16 Computerization of the Land Registers –“Cayman project” SurveysLand Registry Crown Land Private users TCIG users

17. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 17 Future configuration? SurveysValuationsLand Registry Crown Land Private users TCIG users Crown Land Management Information System National Land Information System Planning

18. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 18 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 - ) Dominica St Kitts & Nevis (1886 – ) Trinidad & Tobago ( 1892 - )

19. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 19 Registration of Crown land R.L. 1aTransfer of Crown Land R.L. 1bTransfer of Crown Land and Surrender of Conditional Purchase Lease R.L. 2Transfer of Lease R.L. 3Transfer of Charge R.L. 8Lease R.L. 8aStandard Residential Conditional Purchase Lease R.L. 8bStandard Commercial Conditional Purchase Lease R.L. 10Discharge of Charge R.L….…

20. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 20 Surveying and Mapping of Crown Land –Land Survey Ordinance –Registry Map

21. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 21 Crown Land Management –Development –Allocation –Dispositions –Acquisition –Monitoring –Enforcement

22. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 22 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

23. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 23 Crown Land Management –Managed delivery of Crown land by the Crown Lands Department  Land identified, subdivided and developed  Public offering of land  Allocation

24. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 24 Crown Land Management –Allocation  Public invitation to apply  Offer by public tender  Public auction  Private treaty

25. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 25 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

26. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 26 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

27. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 27 Crown Land Management –By public auction  Commercial use  Large or undivided parcels  High demand for high potential location  Public or sealed bids

28. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 28 Crown Land Management –By private treaty  Land must be publicly offered first  Within a reasonable period of time

29. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 29 The process..

30. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 30

31. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 31 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)

32. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 32 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

33. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 33 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)

34. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 34 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

35. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 35 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

36. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 36 We reach?

37. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 37 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

38. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 38 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

39. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 39 Belonger Discounts –Administration  Recorded in Crown Land Management Information System  Protected by registered charge  Changes in company share ownership reported by Registrar of Companies

40. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 40 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

41. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 41 Rents and fees –Unchanged –Explained and listed in manual

42. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 42 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

43. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 43 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

44. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 44 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

45. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 45 The final words … international best practice

46. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 46

47. TERRA INSTITUTE LTD. Turks and Caicos Islands Ministry of Natural Resources Implementing the 2005 Crown Land Policy October 16th, 2007 47 Any Questions