Parliament passes bill giving cabinet power to reclaim council land

Parliament on Wednesday passed an amendment to the Decentralisation Act allowing the Cabinet to remove land and property from the jurisdiction of local councils for government development projects.

The bill was passed with 47 votes in favour, while 12 members of the opposition Maldivian Democratic Party (MDP) voted against it.

The amendment was introduced earlier this month by Thulhaadhoo MP Abdul Hannan Abubakuru, an independent member who has supported government policies in Parliament.

The legislation adds a provision after Section 56-2(l) of the Decentralisation Act, setting out the process through which land and property under council jurisdiction can be transferred to state control.

Under the amendment, notwithstanding provisions in the Decentralisation Act or other laws, the Cabinet may decide to remove land or property from a council's jurisdiction for the implementation of a government development project.

Once such a decision is made, the Local Government Authority (LGA) must notify the council. Following the notification, the land or property will cease to fall under the council's control and return to state jurisdiction. The LGA will also be required to make the decision public.

Several changes were made to the bill during its review by Parliament's Decentralisation Committee.

Under the version passed by Parliament, the government must provide compensation before taking resources or immovable assets where a council has made an investment.

If a third party has invested in the land or property, that party must also be compensated.

Procedures for determining and providing compensation will be set out in regulations formulated by the LGA.

The amendment also requires the government to complete a number of steps before removing land or property from council jurisdiction.

These include publishing information about the project, consulting the council concerned and allowing 14 days for complaints to be submitted.

Section 56-1 of the Decentralisation Act already gives the President powers relating to the designation of council jurisdictions.

The government has previously used those provisions to remove inhabited islands and lagoons from council jurisdiction. Existing law requires compensation for investments made in such areas.

The latest amendment creates a separate mechanism allowing the Cabinet to take land and property from councils for government development projects.

The proposed changes prompted opposition from some councils and members of the public.

A petition calling on Parliament to reject the bill received more than 2,300 signatures, passing the threshold required for an e-petition to receive priority consideration in Parliament.

A second petition supporting the legislation was later submitted and received more than 10,000 signatures. Government employees and state officials were among those asked to collect signatures for the second petition.

The Decentralisation Committee completed its review of the legislation during a meeting on Monday night before the bill was put to a vote on Wednesday.