Land Titles Registration Amendment Act 2015

Link to law: http://www.palemene.ws/new/wp-content/uploads/01.Acts/Acts%202015/Land-Titles-Registration-Amendment-Act-2015-Eng.pdf

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rangement of Provisions

1. Short title and commencement
2. Section 2 amended
3. Section 5 amended
4. Section 9 amended
5. Consequential amendments

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2015, No. 46

AN ACT to amend the Land Titles Registration Act 2008
(“principal Act”). [05th
November 2015]

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

1. Short title and commencement-(1) This Act may be cited
as the Land Titles Registration Amendment Act 2015.
(2) This Act commences on the date of assent by the Head of
State.

2. Section 2 amended - For section 2 of the principal Act:
(a) in the definition of “land” after “specially excepted”
insert “but does not include customary land for the
purpose of registration of land under this Act
(other than registration of licences or leases of
customary land)”;


2 Land Titles Registration Amendment 2015, No. 46

(b) insert in its alphabetical position:

““record of customary land” means a record of
customary land maintained under section 5(1)(l)
but does not include registration of licences or
leases of customary land;”;

(c) in the definition of “Register”, after “section 8” insert,
“but does not include a record of customary land”;
(d) in the definition of “registration”, after “Register,”
insert, “but does not include record of customary
land”;
(e) after subsection (2), insert:

“(3) Reference to any folio under this Act does not include
record of customary land as part of the folio.”.

3. Section 5 amended - In section 5 of the principal Act, for
subsection (6), substitute:

“(6) The record which the Registrar is required to maintain
under subsection (1)(l) is separate from registration of land
required by section 10.
(7) The Registrar must enter in the record of customary
land any customary land for which judgment has been made
by the Land and Titles Court under the Land and Titles Act
1981.
(8) The record of customary land is not to be interpreted or
construed under this Act as a registration of customary land
under this Act.”.

4. Section 9 amended - In section 9 of the principal Act:
(a) repeal subsection (2);
(b) in subsection (3) -
(i) for “subsections (1) and (2)” substitute
“subsection (1)”;
(ii) after “such land”, insert, “lease or
licence.”.

2015, No. 46 Land Titles Registration Amendment 3

5. Consequential amendments-(1) In the Land and Titles Act
1981:
(a) in section 2 -
(i) for the definition of “Land Register”
and “Land Registrar”, substitute:

““Land Registrar” means the Registrar defined in
section 2 of the Land Titles Registration Act
2008;”; and

(ii) insert the following new definition:

““record of customary land” has the meaning given in the
Land Titles Registration Act 2008”; and

(b) in the Heading of Division 2 under PART III, for
“Registration” substitute “Record”; and
(c) in the heading of section 11, delete “to Land
Registrar”; and
(d) in section 12(1)(a), for “register” substitute “to enter in
the record of customary land”; and
(e) in section 12(1)(b), for “Land Register a memorial”,
substitute “record of customary land details”.

(2) In the Property Law Act 1952, omit section 76(2) and
substitute as follows:

“(2) A mortgage in that form has effect as a security but
does not operate as a transfer of the land mortgage.”.

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The Land Titles Registration Amendment Act 2015 is administered
by the Ministry of Natural Resources and Environment.