Governor’s Powers in Granting Licenses and Disclaiming Land Ownership

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The Governor of the Falkland Islands has gained significant powers with the introduction of a new legislation. This law grants the Governor the authority to issue licenses for acquiring and holding land in the territory, as well as disclaiming land ownership.

Licensing Powers

Under Section 5 of the ordinance, the Governor can grant licenses to individuals or entities, subject to the same conditions outlined in subsection (1) of that section. This means that anyone granted a license must comply with the requirements set forth in the ordinance.

Disclaiming Land Ownership

The Governor also has the power to disclaim land or interest in land vested in Her Majesty solely by virtue of an order made under subsection (5). This can be done through an instrument registered at the Deeds Registry maintained under the Lands Ordinance. The effect of such a disclaimer would be to vest the land or interest in the specified person or persons.

Inheritance and Land Ownership

The ordinance addresses inheritance of land and requirements for non-resident individuals to hold licenses.

Non-Resident Individuals

• A non-resident person who inherits or acquires land through a will or intestacy does not require a license to hold that land.
• However, they must apply for a license under Section 5(1) within three years of acquiring the land and dispose of it within 12 months if a license is not granted.
• If a non-resident fails to comply with these requirements, their ownership of the land would vest in Her Majesty, and the Governor may sell the land at the best price reasonably obtainable from a person resident in the Falkland Islands.

Breaches of License Conditions

The ordinance outlines penalties for breaches of license conditions:

• A person found guilty of knowingly and wilfully breaching or failing to perform any condition of their license could face a fine not exceeding level 10 on the standard scale.
• The Attorney General has the power to apply to the Supreme Court for a declaration that land has vested in Her Majesty under subsection (3) of Section 7. The court may grant such a declaration and make orders incidental thereto as it sees fit.

Repeals and Savings

The ordinance repeals the Aliens Ordinance and the Land (Sub-division for Non-residents) Ordinance 1985, with any licenses granted under those ordinances continuing to have effect as if they had been granted under Section 5 of this new ordinance.