Banaban settlement act



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LAWS OF FIJI
CHAPTER 123

Ed.1978
BANABAN SETTLEMENT ACT

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Acts No. 38 of 1970, 12 of 1973
AN ACT TO PROVIDE FOR THE SETTLEMENT AND GOVERNMENT OF THE BANABAN COMMUNITY ON RABI ISLAND AND FOR PURPOSES CONNECTED THEREWITH

[8th October, 1970]


Short title
1. This Act may be cited as the Banaban Settlement Act.
Interpretation
2. In this Act unless the context otherwise requires:-
"Banaban community" means the former indigenous inhabitants of Ocean Island and such other persons as may now or hereafter be accepted as members of the Banaban community in accordance with Banaban custom; and includes any member of a race indigenous to Micronesia and Polynesia who is ordinarily resident on Rabi Island;
"Council" means the Council of Leaders established by this Act;
"Fund" means the Rabi Island Fund established by this Act;
"Minister" means the Minister responsible for the administration of this Act;
"Tribunal" means the Rabi Island Tribunal appointed under the provisions of this Act.
Established of Council of Leaders
3.-(1) There is hereby established for Rabi Island a body corporate, with permanent succession and a common seal, to be known as the Council of Leaders.
(2) The Council shall consist of eight members and shall meet at such times as the majority of its members may from time to time determine.
(3) Each of the four communities on Rabi Island, namely the Uma, Buakonikai, Tabwewa and Tabiang communities, shall elect two members to the Council which shall elect its own Chairman who shall have a casting as well as a deliberative vote.
(4) Each member of the Council shall hold office for a term of three years and shall be eligible for re-election at the end of any term of office.
(5) Six members of the Council shall form a quorum.
(6) Subject to the provisions of this Act the Council may determine its own procedure.
Powers of Council
4.-(1) The Council shall have power to hold land in accordance with the provisions of the Banaban Lands Act, to enter into such contracts as are necessary and incidental to the exercise of their powers under this or any other Act or which are for the benefit of the Banaban community, and to sue and be sued in contract or otherwise in relation to the exercise of any power given by this Act.
(2) Service of any document on the Secretary to the Council shall be deemed to be service on the Council.
Regulations
5.-(1) The Council may, subject to the prior approval of the Minister, make regulations to provide for the peace, order and good government of the Banaban community.
(2) Without prejudice to the generality of subsection (1), regulations made pursuant thereto may provide for -
(a) the imposition of a tax or cess upon any agricultural product;
(b) the imposition of rates by the Council;
(c) the powers, duties and functions of the Tribunal and the jurisdiction, powers and procedure of the Rabi Island Court and the fees which may be charged in connection with the practice and procedure of the Rabi Island Court;
(d) Subject to the provisions of the Public Health Act, keeping the island clean and promoting public health; (Cap. 111)
(e) the maintenance of peace, order and public safety;
(f) the social and economic betterment of the Banaban community;
(g) the performance of communal works and other communal activities;
(h) the holding of elections and the procedure to be adopted in connection therewith;
(i) the control of livestock;
(j) the prevention or removal of public nuisances;
(k) the care of children and aged persons;
(l) the conservation of food supplies;
(m) fishing and fishing rights;
(n) the island hospitals, prisons and schools; and
(o) the promotion of the general welfare of the Banaban community.
(3) Any person failing to comply with the provisions of any regulation made under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred dollars or a term of imprisonment not exceeding two months or to both such fine and imprisonment.
Borrowing powers
6.-(1) The Council may from time to time raise loans for such purposes in such amounts and on such terms and conditions as shall be approved by the Minister responsible for finance.
(2) Such loans shall be secured on the property and revenues of the Council including the royalties and other moneys accruing to the Banaban community in respect of minerals mined by the British Phosphate Commissioners on Ocean Island. (Section inserted by 12 of 1973 s. 2.)
Rabi Island Fund
7.-(1) There is hereby established a Fund to be known as the Rabi Island Fund.
(2) There shall be paid into the Fund -
(a) all tax or cess payable to the Fund;
(b) all fines imposed by the Rabi Island Court;
(c) all fees payable in connection with the practice and procedure of the Rabi Island Court;
(d) all rates imposed by the Council;
(e) all moneys standing to the credit of the Banaban Trust Fund at the date of repeal of the Banaban Funds Ordinance;
(f) all royalties and other moneys accruing to the Banaban community in respect of minerals mined by the British Phosphate Commissioners on Ocean Island;
(g) all other sums from time to time contributed or donated to the Fund.
(3) All moneys paid into the Fund under the provisions of paragraph (f) of subsection (2) shall be exempt from income tax.
(4) The Fund shall be under the control of the Council and, subject to subsection 5, may be expended in accordance with regulations made under the provisions of this Act and shall be audited annually by a person appointed by the Minister.
(5) Any moneys forming part of the Fund may from time to time be invested by the Council -
(a) in any security or securities authorized under the provisions of any law relating to trustees for the time being in force; or
(b) in such other security or securities, and on such terms and conditions, as shall be approved by the Minister responsible for finance. (Inserted by 12 of 1973 s. 3.)
Rabi Court and Tribunal
8.-(1) The Minister may with the prior approval of the Council appoint any fit and proper person to be the Rabi Island Tribunal who shall hold office for a term of three years and shall be eligible for reappointment at the end of any term of office.
(2) There shall be on Rabi a Court to be called the Rabi Island Court which shall consist of the Tribunal and such other person or persons as the Minister may appoint and shall be held at such times and places as may be necessary.
(3) An appeal shall lie from the Rabi Island Court to a resident magistrate upon the same terms and conditions and in the manner prescribed by the Criminal Procedure Code for appeals from magistrates' courts to the Supreme Court, except that whatever the punishment inflicted by the Rabi Island Court no leave to appeal shall be required. (Cap. 21)
(4) The magistrates' court hearing such appeals shall have the same powers as the Supreme Court when hearing an appeal from a magistrates' court except the power of summary dismissal.
(5) In applying the aforesaid provisions of the Criminal Procedure Code to an appeal brought under this section, references to the Chief Registrar shall be construed as references to the Clerk to the magistrate's court.
(6) The decision of a magistrate's court in relation to appeals under this section shall be final and conclusive.
Controlled by Office of the Prime Minister

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