Incorporated Land Group
Incorporated Land Group (ILG) refers to an organized customary group legally given recognition to their corporate nature under the ILG Act. It is a legal mechanism whereby customary groups are empowered to do business, hold, dispose, manage and deal with land in their customary name. It is a corporate vehicle which enables landowners to participate in the economic development and run their business affairs on their customary land.
The ILG Act empowers customary groups for greater participation in the national economy by way of incorporating their existing customary groups and getting recognized as a legal entity. An incorporated land group is recognized as a corporation whereby it has perpetual succession and may sue and be sued in its corporate name and may function as a corporation may do.
The primary purpose of registering an ILG under the Land Reforms on customary land tenure system is for customary land registration. Other purpose is, ILGs are used in the resource sectors like mining, petroleum, agriculture, forestry etc.. to pay landowner benefits.
Customary group of persons such as clan, tribe or other such landowning units who have traditional linkages to the customary land are eligible to register. These groups must be traditional customary land owning units and are recognized by their respective customs in their villages and the local areas. Social groups or civic organization such as church groupings are not eligible to register.
The Office of the Registrar of ILG gives emphasis on clan registration because in PNG, land is communally owned by the clan. The clan owns the land, the people and the customs. “Register your clan and you are incorporated as a Land Group”
A clan is only recognized by custom in the village and the local community. This clan can never do business with the State or any developer. Once this clan gets incorporated as a land group, it now has a legal recognition to participate in any business activities or economic development.
The mandatory requirements for ILG registration are stipulated under Section 3 of the Land Groups Incorporation (Amendment) Act 2009. These are the prescribed materials or the required information which an application for an incorporation of ILG under the new amendments must meet;
- The Application Form ( Form 1)
- Records of Meeting Decision (Form 2)
- Certification on Adoption of Constitution (Form 3)
- A Constitution of the Land Group
- List of Members (Form 4) accompanied by Birth Certificates
- List of Properties, such as land, rivers, mountains, ridges, creeks and etc. (Form 5)
- Sketch of all customary land the group owns.
A sketch or drawing or plan of the land must contain a general description of the land including;
- Its size and location.
- Boundaries (natural features – valleys, rivers, creeks, swamps, plants etc. should be used as coordinates for demarcation of boundaries).
- The names of the village and clan.
- The sketch map must be signed by the chairman or the vice-chairman of the land group and must be dated.
- All disputed land or boundary/boundaries must be identified and clearly marked. The nature of the dispute must be noted on the sketch and signed by the disputing clan elders/leaders to acknowledge the existence of the disputed boundaries or areas. Upon the absence or refusal of the disputing party to sign, a village court officials or ward councilor/ward member may sign on their behalf.
I can’t find an answer to my question ...
We understand that in some circumstances you may have questions which aren’t covered on our website. The best way to make contact with an authorised representative at the Department of Lands and Physical Planning, is through our online support platform. You may submit an enquiry to have your question(s) answered.