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8 For a criticism of the term ‘communal’ with respect to customary land tenures, see Fingleton (2005: 3–4). 17 Customary Land Tenure and Registration in Australia and Papua New Guinea In the early 1970s the Australian Administration proposed another major scheme of land legislation, but introduction of such reforms on the eve of Independence was controversial, and in the face of strong opposition the proposed laws were withdrawn. After the 1972 national election, the coalition government led by Michael Somare set up a Commission of Inquiry to make recommendations for reform of land policies, laws and administration in preparation for Independence.
In 1989, a World Bank loan to PNG was approved for the Land Mobilisation Project (LMP), based on the LEAD Project feasibility study. Under the LMP there was some support given to the East Sepik legislation, but not enough to produce any registrations. A land titles consultant was engaged in 1989 to review the legislation. His report (Levy 1989) supported its general thrust,14 and made recommendations on the form and contents of the Customary Land Register under the new law. Despite this endorsement, the Department of Lands and Physical Planning delayed putting in train the necessary legislative, 13 My follow-up work on the activities mentioned in this paragraph was also conducted in my capacity as an ADAB consultant.
Key features of the East Sepik land legislation are: 1. 20 All land in the province is either owned by the State, or is owned by customary groups under customary tenure (that is, customary land cannot be held in absolute individual ownership). A Legal Regime for Issuing Group Titles to Customary Land: Lessons from the East Sepik 2. Custom applies to all land in the province, except to the extent that its application has been excluded or modified by legislation. 3. Subject to specified controls, three kinds of dealings could be entered into over customary land — sales, leases and charges (for mortgages and such).