iTaukei Land Lease

How to Obtain a iTaukei Lease

The iTaukei Land Trust Board (TLTB) is an independent organization established primarily to administer iTaukei land for the indigenous landowner. It is an implementing arm of government on policies related to the development of land based resources for the ’iTaukei’. The TLTB head office is in Suva and it also houses the Regional Office responsible for the Central and Eastern Division. The other regional offices are in Lautoka, Nadi and Labasa; each regional office is responsible for an area in Fiji, the Lautoka Office is responsible for Western Viti Levu with the Yasawa and Mamanuca Island groups, the Labasa office is for Vanua Levu and Taveuni. The Suva office caters for the Central Eastern parts of Fiji including Viti Levu, Kadavu, Lomaiviti and the Lau Group.

ITAUKEI LAND LEASE

Purpose of Approval

TLTB issues a LEASE granting a lessee/tenant the right to occupy and use a piece of land.

Name of Agency Issuing the Approval

TLTB has established its Head Office with four (4)  Regional offices: Central/Eastern Region (Suva),South Western Region (Nadi),North Western Region (Lautoka) and Northern  Region (Labasa).

Contact Information Click here to view Contact Information

Processing Time of  Approval

Within four months.

How decisions are made?

A lease application is screened by an Estate officer who  then submits a recommendation to the Senior Estate officer for a LEASE APPROVAL; the final decision is made by the Regional Manager.

Reassessment

  • This is a condition of the lease
  • Tenant to expect rent review
  • Inspection /valuation by field staff
  • Review communicated to lessee in written if increase and if no increase then case close
  • Lessee if accept to sign acceptance
  • If dispute/disagree to raise case with Tribunal if lease is ALTA regulated.
  • If lease IALTA regulated go to arbitration.

Expiry

  • For an applicant to apply for renewal
  • Ascertain that is an able performing farmer
  • Good relation with Landowners/TLTB
  • Pays rent regularly
  • Past record should be good
  • Arrears free
  • No outstanding crop lien/mortgage
  • Meet up with standard (TLTB)
  • A citizen of our country
  • Good clean police record
  • If he /she has other leases he should be very clean with those.

Arrears

  • If one falls into arrears the following will apply to him/her
  • Appropriate notice will apply to him/her
  • If not paid instantly a follow up reminder will follow
  • Consultation/advise
  • If still not adhered to writ of summons will follow.
  • Action for vacant possession of the land
  • TLTB repossess land, sell to recover costs
  • If paid in case will be closed action discontinued.

Dealings

  • For any dealings in land there should not be any breach of the term of the lease.
  • Two common types i.e Transfer and mortgage
  • When there is no breach TLTB automatically approves
  • Breach common here is mainly Arrears
  • When TLTB approves dealing in should be registered at the Titles within three months otherwise it will be null and void
  • At expiry of the three (3) months no registration done tenant have no option but to re apply with new forms and fees.

Surrender

  • Surrender eventuate on the following situation
  • If a lessee opts for a long term lease when his lease has a very minimal term
  • When a much bigger development is about to take place on the very same area occupied by couple of lessees which is earmarked for that mentioned development
  • Surrender value normally assessed
  • Lost in income to the lessor so lessor can claim compensation for that lost rental income.
  • Surrender forms normally endorsed
  • Submitted to titles for registration
  • If not registered all activities undertaken will be null and void so lease will still become active and alive

Survey

  • The survey instructions is issued in all cases where the tenants have or will surely secure an active lease with the Board. An active valid title AFL or IT is okay for the Board to issue the Survey Instruction to the nominated surveyor.

Agricultural Landlord and Tenant Act Cap 270

  • Section 59(2) of ALTA effectively makes agricultural land on native land subject to ALTA.

Crown Acquisition of Lands Act Cap 135

  • Section 7 of the iTaukei Land Trust Act Cap 134 subjects iTaukei land to the provisions of the Crown Acquisition of Lands Act.

Drainage Act Cap 143

  • Any drainage rates for native land pursuant to the Drainage Act is payable by the native owners (s.10(3) ILTA).

iTaukei Affairs Act Cap 120

  • Any land rates payable under the Fijian Affairs Act shall be paid by the native owners.Fisheries Act

Forest Act Cap 150

  • Section 7 of the iTasukei Land Trust Act subjects native land to the provisions of the Forest Act.

Land Conservation and Improvement Act Cap 141

  • The Land Conservation Board appointed under this Act has wide powers and can require an owner or occupier of any land to construct and maintain on the land such works for the conservation of the land or water resources.

Land Development Act Cap 142Land Transfer Act Cap 131

  • A lease made under ILTA is subject to the provisions of the Land Transfer Act once it is registered (s.10(2) TLTA).

Local Government Act Cap 125

  • This Act governs the activities of local government that includes the collection of rates, drainage, provision of public amenities, and even the compulsory acquisition of land (s.94).

Mining Act Cap 146

  • Section 7 of the iTaukei Land Trust Act subjects native land to the provisions of the Mining Act.

iTaukei Lands Act Cap 133

  • Records of the transfer of native lands are made in the Register of Native Lands pursuant to section 8 of the iTaukei Lands Act.

Petroleum (Exploration and Exploitation) Act Cap 148

  • Section 7 of the iTaukei Land Trust Act subjects native land to the provisions of the Petroleum (Exploration and Exploitation) Act.

Property Law Act Cap 130

  • All dealings on iTaukei Land namely mortgage, transfer, subleases and subdivision will have to be made under the provision of the Act.

Rivers and Streams Act Cap 136Crown (State) Lands Act Cap 132Subdivision of Land Act Cap 140

  • This Act governs the subdivision of any land in Fiji and a subdivision on native land must comply with its provisions.

Town Planning Act Cap 139

  • The Town Planning Act is the primary legislation for planning in Fiji and accordingly planning and development approvals on native land are subject to this Act.

Mining Act Cap 146

– Section 7 of the iTaukei Land Trust Act subjects native land to the provisions of the Mining Act.

Forest Act Cap 150

  • Section 7 of the iTaukei Land Trust Act subjects iTaukei land to the provisions of the Forest Act.

Fisheries Act Cap 158

  • Provides for jurisdiction of all Fiji fisheries and waters which means all waters appertaining to Fiji.

Petroleum (Exploration and Exploitation) Act Cap 148

  • Section 7 of the Native Land Trust subjects native land to the provisions of the Petroleum (Exploration and Exploitation) Act.

Marine Spaces Act Cap 158A

  • Management and conservation of fisheries, demarcates and defines internal, archipelago waters, territorial seas and the Exclusive Economic Zones

iTaukei Land Trust (Leases and Licenses) (Amendment) Regulations 2010

  • The law that governs the distribution of all monies, received by the iTaukei Land Trust Board by way of proceeds and premiums, to the native landowners.