Lands commissioner criticises draft mining bill for weak landowner protection, ignored recommendations
BY NED GAGAHE
Commissioner of Lands Allan McNeil has strongly criticised the draft Mineral Resources Bill 2025, warning that it fails to address long-standing problems over land registration and risks leaving customary landowners vulnerable.
Speaking before the Bills and Legislation Committee, McNeil expressed disappointment that despite repeated consultations with the Ministry of Mines and legal drafters, none of his recommendations were incorporated into the Bill.
“Instead of strengthening the link between the Land and Titles Act and the mining regime, the Bill has actually removed the requirement for mining companies to register leases with the Registrar of Titles altogether. That is a step backward,” McNeil told the hearing.
McNeil noted that the Bill makes only a reference to registered customary land, which he described as “very rare” in Solomon Islands.
He cited the example of Tanagai, where a perpetual estate is recorded simply as “customary land” without naming the rightful owners.
This, he said, this creates confusion about who should receive lease payments.
He stressed that such limited recognition does little to resolve the more serious issue of ensuring landowners are properly identified and recognised through transparent, government-supervised processes.
McNeil further warned that the draft Bill effectively leaves the responsibility of identifying landowners to mining companies themselves, a process he argued was deeply flawed and potentially unjust.
He questioned whether private companies could ever replicate the transparent and public processes required under the Customary Land Records Act, which include public notices, village consultations, and genealogy-based hearings overseen by government recording officers.
“Leaving it to the mining companies risks undermining fairness and legitimacy. This is something government must oversee from the very start of mining applications,” McNeil said.
McNeil urges the committee to reconsider the omissions in the draft Bill, stressing the importance of integrating customary land recording into the mining process to protect both landowners and investors.
He concluded that without such measures, the Bill risks creating further disputes and confusion over land ownership in mining areas.
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