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Office of the President
Hon. Baron Divavesi Waqa, M.P.
Telephone: +674 557 3133
Website: http://www.naurugov.nr/government/departments.aspx
Andromeda Amram
Personal Assistant
[email protected]
Prohibition of certain transfers, etc., of land
- Transfer inter vivos of the freehold of any land in Nauru to any person other than a Nauruan person is prohibited, and any such transfer or purported transfer, or any agreement to execute any such transfer, shall be absolutely void and of no effect.
- Any person who transfers, or agrees, attempts or purports to transfer, the freehold of any land in Nauru to any person other than a Nauruan person is guilty of an offence and is liable to imprisonment for six months.
- Any person who, without the consent in writing of the President, transfers, sells or leases, or grants any estate or interest in, any land in Nauru, or enters into any contract or agreement for the transfer, sale or lease of, or for the granting of any estate or interest in, any land in Nauru, is guilty of an offence and is liable to a fine of two hundred dollars.
- Any transfer, sale, lease, grant of an estate or interest, contract or agreement made or entered into in contravention of the last preceding subsection shall be absolutely void and of no effect.
- Any transfer, sale, lease, contract or agreement made or entered into in contravention of section 3 of the Lands Ordinance 1921-1968 shall continue to be absolutely void and of no effect.
- For the purposes of this section the expression ‘transfer inter vivos’ includes transfer to a corporation or an unincorporated body of persons and the expression ‘a Nauruan person’ does not include a corporation or an unincorporated body of persons of whom some are not Nauruans.
- Where the Council, the Corporation or any other statutory corporation requires to obtain for the purpose of the phosphate industry or for any other public purpose a lease of any land for a period not exceeding seventy-seven years, an easement, wayleave, or other right similar or analogous thereto in respect of any land, or a licence to enter upon any land and remove sand therefrom, it shall inform the Minister in writing of its requirement and of the reason for it.
- Where the Minister is informed in writing under the previous subsection of any such requirement as is referred to in that subsection, he may, if he is satisfied that the lease, easement, wayleave, other right or licence is reasonably required by the Council, the Corporation or the other statutory corporation, as the case may be, for the public purpose, notify the owners of the land of the requirement and the public purpose and request them to grant the lease, easement, wayleave, other right or licence, as the case may be, or may cause them to be so notified and requested.
- Where the Republic requires to obtain for any public purpose a lease of any land for a period not exceeding seventy-seven years, an easement, wayleave or other right similar or analogous thereto in respect of any land, or a licence to enter upon any land and remove sand therefrom, the Minister may notify the owners of the land of the requirement and the public purpose and request them to grant the lease, easement, wayleave, other right or licence, as the case may be, or may cause them to be so notified and requested.
- Where minority of owners refuses, etc., to execute lease, etc. Where the owners of any land have been notified by the Minister under section 5 of any such requirement as is referred to in that section and not less than three-fourths of the owners of that land, both by number and by interest in the title thereto, have executed the instrument granting the lease, easement, wayleave, other right or licence, as the case may be, required, then, if any of the other owners of that land refuses or fails to execute that instrument or is unable by reason of absence from Nauru or physical or legal disability to do so, the Minister shall inform the Cabinet thereof and if the Cabinet is satisfied:
- (a) that the lease, easement, wayleave, other right or licence is required for a public purpose; and
- (b) that the refusal or failure of that owner to execute the instrument is unreasonable or, in the case of a person who is absent from Nauru or under a disability, that if he were present in Nauru or not under a disability his refusal or failure to execute the instrument would be unreasonable,
- it may direct that the instrument is to be executed on behalf of that owner by the public officer nominated under section 15; and the Secretary to the Cabinet shall forthwith send to the public officer nominated under section 15 to execute the instrument or instruments of the class of the instrument a notice in writing under his hand requiring him to execute the instrument on behalf of that owner.
The constitution of the Republic of Nauru was adopted following national independence on 31 January 1968.
In 2007 there were political debates in progress with a view to amend aspects of the Constitution, owing to the challenge of widely acknowledged political instability. One notable issue being discussed was the possibility of making the office of President of Nauru directly elected by the population, instead of the office being indirectly elected by the Parliament of Nauru. Owing to frequent recourse to the votes of no confidence, changes of President have been frequent (i.e.: Bernard Dowiyogo was appointed President of Nauru a total of seven times, prior to his death in 2003). Supporters of making the office of President independent of a Parliamentary vote hope that increased stability will ensure from the adoption of such a measure. Skeptics are concerned that attempts may arise to set aside the elected President through the courts; bearing in mind also that under the Nauruan court system some appeals are actually heard in Australia.
source : http://ronlaw.gov.nr/nauru_lpms/files/acts/e65482789af1dcc78723116e66758ec9.pdf
https://en.wikipedia.org/wiki/Constitution_of_Nauru