St Helena : Immigrants’ Landholding (Restriction) Ordinance Interim Policy
Submitted by Saint Helena Herald (Juanita Brock) 01.03.2007 (Article Archived on 15.03.2007)
The Governor in Council, on 23 January 2007, approved an Interim Policy to deal with applications for landholding under the Immigrants’ Landholding (Restriction) Ordinance.
Press Release
Interim Policy on Applications under the
Immigrants’ Landholding (Restriction) Ordinance
The Governor in Council, on 23 January 2007, approved an Interim Policy to deal with applications for landholding under the Immigrants’ Landholding (Restriction) Ordinance.
The current Ordinance is, difficult to implement and recently there has been an increase in the number of applications for Immigrants’ Landholding Licences which could allow non-St Helenians to purchase land on the Island. In light of this, the St Helena Government has agreed that clear policies are needed to facilitate consistent and fair decision-making.
The Immigrants’ Landholding (Restriction) Ordinance might need to be updated and the St Helena Government recognises that this could take some time. Work towards a review has commenced already but there are a number of applications that have previously been put on hold and SHG is sure that others will also be lodged.
The Interim Policy, agreed by the Governor in Council, will enable these and other applications to be processed consistently, under the current law and the policy will remain in force until a full review of the existing legislation is carried out.
The Interim Policy is a relatively short document and recommends that applications are approved if they are connected to an Approved Investment and if the land being applied for is reasonable in relation to the business.
For applicants who do not have Approved Investment Status, the Governor in Council will have to be satisfied that the business proposal has been appropriately researched and that it is in the public interest to grant the application.
When persons are applying for freehold residential property, not connected to business purposes, the Governor in Council will have to ensure that the applicants have St Helenian Status and intend to make St Helena their permanent home, or, if they do not have the status, that they have close economic, social or historical connection with the Island. It will again have to be in the public interest to grant applications.
The Interim Policy also states that applications to lease or rent residential property will usually be refused except where the applicant has been granted permission to enter and remain in St Helena under section 16 of the Immigration Control Ordinance. However the duration of the lease or rental would have to be no longer than the duration the individual has been granted to stay on St Helena.
When people inherit land, a licence will normally be approved, unless it is not in the public interest to do so.
The Policy concludes by saying that ‘In all cases, the ultimate test is whether it is or is not in the public interest to grant the application.” The policy can be downloaded from the St Helena Governments website www.sainthelena.gov.sh
Copies have also been placed in the Public Library.
A copy of the policy follows below:
Interim Policy on ILRO Applications
In order to allow work to proceed while longer-term reforms are considered, the following policy will guide the Governor in Council in considering applications under the Immigrants’ Landholding (Restriction) Ordinance:
1. Applications received after 1.1.07 (the date of commencement of the Investment Policy) for the acquisition of freehold or leasehold land in connection with an Approved Investment should generally be granted if the area of land is reasonable in relation to the business proposal;
2. Applications for acquisition of freehold or leasehold land in connection with business development other than Approved Investments should be granted if the area of land is reasonable in relation to the business proposal and the Governor in Council is satisfied:
2.1. that the business proposal has been appropriately researched (likely to involve the prospective investor having made at least one visit to the Island); and
2.2. that it is in the public interest to grant the application;
3. Applications to acquire freehold residential property (except where paragraph 1, 2, or 5 applies) will generally be refused unless the Governor in Council is satisfied either:
3.1. that the applicant(s) has/have St. Helenian Status and intend(s) to make a permanent home in St. Helena; or
3.2. that the applicant(s) (though not [an] Islander[s], nor having St. Helenian Status) has/have a close economic, social or historical connection with the Island;
and (in either case) that it is in the public interest to grant the application.
4. Applications to lease or rent residential property will usually be refused except where the applicant has been granted permission to enter and remain in St. Helena under section 16 of the Immigration Control Ordinance and the duration of the lease/rental does not exceed the duration of the permission.
5. Where an interest in land has been inherited, an application by the beneficiary for a licence to be allowed to keep the property will usually be granted unless the circumstances of the particular case make it contrary to the public interest to do so.
6. In all cases, the ultimate test is whether it is or is not in the public interest to grant the application.
Public Relations/Information Office
Office of the Chief Secretary
1 March 2007
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