BY JOHN HOUANIHAU
The Chairman of the Law Reform Commission, Mr Philip Kanairara, calls for a review of the long-standing belief in the Solomon Islands that land ownership extends only six feet below the surface.
He describes this as a misconception that is not supported by common law or any formal legislation.
Speaking before the Bill & Legislation Committee (BLC) on the Mineral Bill 2025, Mr Kanairara said there is no reference in English or Solomon Islands common law to a “six-feet” rule defining how far landowners’ rights extend underground.
“In common law, there’s no such thing as six feet. But in the Solomon Islands, everyone talks about it. People own resources up to six feet deep, and anything below belongs to the state. I don’t know where that idea comes from,” he said.
He said the confusion may have arisen from interpretations of old mining laws influenced by British colonial systems, where the Crown owned valuable minerals such as gold and silver.
“Over time, these principles shaped local laws on mineral ownership,” he said.
He highlighted that Solomon Islands legislation has evolved since the 1969 Minerals Ordinance and the 1990 Mines and Minerals Act, which currently govern resource ownership.
He said that while these laws acknowledge landowners as part of the ownership structure, in practice, the government still controls most decision-making over how resources are used.
He added that other places, such as Bougainville, have moved away from the old Crown ownership model and granted greater rights to landowners.
“If we want to move forward, we should stop using terms like ‘royalty,’ which imply Crown ownership,” he said.
“Instead, we can talk about ‘mineral owners’ payments,’ to recognise the people as rightful owners of their natural resources,” Mr Kanairara said.
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