The news magazine of the South Pacific · since 1930

Pacific Islands Monthly, 1 January 1976Vol. 47, No. 1

Problems On Norfolk And Lord Howe

p. 75 · Read in the full issue

Norfolk and Lord Howe Islands ave land problems to sort out. On Jorfolk the titles and sales for more lan 100 acres have been thrown into oubt because of an English law nacted in 1828. The Attorney leneral’s Department in Canberra as ruled that the law makes it illegal 3r aliens to own or lease land on le island. Those with British, Aus alian or New Zealand citizenship my legally own land, but practically veryone else is ruled out.

It is understood that a French citi ;n owns more than 100 acres of lorfolk land. Base of the ruling lies i a 1913 proclamation under which le then Governor of New South /ales, who was also Governor of forfolk, gave Australia the right to overn Norfolk. The proclamation ipealed existing laws, and laid down ew laws on 32 topics. Subject to lose 32 laws and any others which

might be enacted later, “all laws and statutes in force in the realm of England on the 25th day of July, 1828 . . . shall be applied in the ad ministration of justice in Norfolk Island, so far as the same can be ap plied within the said island”.

One of those laws prohibited any one but a British subject from own ing land, leasing land or owning other property. The prohibition also applies to inheritances.

Lord Howe Island, about 500 miles to the south-east, was having a bit of “mainland” trouble with the NSW

Minister for Lands, Mr Mason. The minister froze land sales pending enactment and proclamation of a new Lord Howe Island Act. Under the new law, stil to be passed by the NSW Parliament, “islander prefe rence” will disappear.

Mr Mason says it is no longer tolerable to have two classes of citi zens in a small community. The law is being changed to bring it more into line with present-day practice else where.

Mr Mason gave an unequivocal “no” in reply to a petition signed by 94 island residents (more than half the adult population), asking for islander preference to be maintained.