Minister of state in the Ministry of Transport and Mining J C Hutchinson, has expressed his disappointment with the slow progress in the resettlement and issuing of land titles to people living in the bauxite mining areas.

However, he said that, because the timely provision of land titles to these individuals is of paramount importance to the Government, it is now being addressed through vesting orders, which allow for a greater number of titles to be delivered and reduces the administrative cost to produce certificates of title.

“We are on the road to fast-tracking the delivery of titles to all those who have been waiting for years, and we remain committed to seeing this through in the shortest possible time,” he told the House of Representatives last Tuesday.

A vesting order is a court order that passes legal title in lieu of a legal conveyance. It is seen as an “equitable remedy” and is, by its nature, discretionary, and results from a finding by a court that fairness demands that it acts to transfer property from one party to another.

Hutchinson has responsibility for the resettlement and titling of mined bauxite lands, and was making his presentation to the annual State of the Constituency Debate.

He said that the Bauxite Lands Land Titling Committee (BLLTC), a multisectoral public/private sector body that focuses on ensuring that people who have been resettled by the bauxite and alumina companies are issued land titles for the lands on which they have been resettled, had met in November, January and May, and is expected to meet again at the end of October.

The stakeholders include Jamalco, Windalco, Jiuquan Iron and Steel Company (Jisco)/Alpart, Noranda, the Jamaica Bauxite Institute (JBI), the National Land Agency (NLA), the Ministry of Local Government and Community Development (MLGCD), the National Environment and Planning Agency (NEPA), and the Municipal Corporations for St Ann, Manchester, St Elizabeth, and Clarendon.

“Some individuals have been waiting for over 30 years for the title to their land. Quite frankly, I don’t believe that the issuing of land titles has been afforded the requisite attention and resources over the years, as there is not much progress to show,” he said.

A breakdown of each bauxite/alumina company’s performance showed that Jamalco had 1,633 titles to be delivered since 2010, but only 339 have been delivered; Jisco/Alpart had 1,301 and has delivered only 329 since 2010; Noranda had 1,765 titles, but has delivered only 520 to date; and Windalco, which has 266, had delivered 183 titles.

“I want to make it clear that this administration is serious about the timely completion of subdivisions by the bauxite and alumina companies to allow persons, who were resettled due to their lands being acquired for mining and related purposes, to receive certificates of title for their new parcels of land,” the state minister said.

He pointed out that several modalities were explored as part of the plans to increase the number of land titles delivered by the mining companies, However, the main modality accepted was the vesting order.

He explained that Section 6 of the Bauxite and Alumina Industries (Special Provisions) Act allows the Minister to waive the requirements under the Local Improvements Act and the Town and Country Planning Act. In this regard, he said that the bauxite mining companies would not need to wait on subdivision approval but, rather, simultaneously deliver titles while implementing improvement works.

“We are currently facilitating subdivisions that are already approved by the respective municipal corporations, for which certificates of completion have been obtained, to be considered for the vesting order, which would then allow the Registrar of Titles to expedite the titling process,” he informed the House.

Hutchinson explained that vesting orders allow for a greater number of titles to be delivered, and reduces the administrative cost to produce certificates of title.

He said that 37 subdivisions, in all four bauxite companies, were visited to assess their conditions, get a better understanding of the issues on the ground, and to advance discussions between the bauxite mining companies and other Government entities to resolve the issue of provision of land titles.

“We will be embarking on a series of one-on-one visits with residents in subdivisions currently being considered for vesting orders. The timely provision of land titles to these persons is of paramount importance,” Hutchinson insisted.

“Without a certificate of title it is very difficult for persons to formally unlock the value of the land, break the cycle of poverty, and uptake trade or investment opportunities. While it is understandable that there are many legacy cases to contend with, the rate at which these are being settled is unacceptable and does not fit into the Government’s agenda to empower people by helping them to access the value of the lands they occupy,” he noted.