LAWS OF WESTERN SAMOA

LAND FOR FOREIGN PURPOSES

Arrangement of Provisions
Title
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

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1992/1993, No. 27.

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

BE IT ENACTED by the Legislative Assembly of Western Samoa in Parliament assembled as follows:-

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 Lands, Surveys and Environment, under the Land, 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 Western Samoa for the primary purpose of rendering assistance to the Government or people of Western 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 - Notwithstanding the provisions of any other enactment the Minister of Lands is empowered to grant to any foreign State or foreign organisation a lease of or licence to occupy such freehold or public land as he 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 of Lands and the foreign State or foreign organisation.

5. Ratification of prior grants - Every 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 - Paragraph (i) of subsection (1) of section 5 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".

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