Lord Howe Island - Governance and Land Tenure

Governance and Land Tenure

Official control of Lord Howe Island lay initially with the British Crown until it passed to New South Wales in 1855, although until at least 1876 the islanders lived in "a relatively harmonious and self-regulating community". In 1878 Richard Armstrong was appointed administrator when the NSW Parliament declared the island a Forest Reserve. But as a result of ill feeling, and an enquiry, he was eventually removed from office on 31 May 1882 (he returned later that year though to view the transit of Venus from present-day Transit Hill). After his removal the island was administered by four successive magistrates until 1913 when a Sydney-based Board was formed until 1948 when a resident superintendent was appointed. In 1913 the three-man Lord Howe Island Board of Control was established, mostly to regulate the palm seed industry, but also administering the affairs of the island from Sydney until the present Lord Howe Island Board was set up in 1954.

The Lord Howe Island Board is a NSW Statutory Authority established under the Lord Howe Island Act, 1953, to administer the island as part of the state of New South Wales. It reports directly to the state's Minister for Environment and Heritage, and is responsible for the care, control and management of the island. Its duties include: the protection of World Heritage values; the control of development; the administration of Crown Land, including the island's protected area; provision of community services and infrastructure; and regulating sustainable tourism. In 1981 the Lord Howe Island Amendment Act gave islanders the administrative power of three members on a five-member Board. The Board also manages the Lord Howe Island Kentia Palm Nursery which, together with tourism, provides the island's only sources of external income. Under an amendment bill in 2004 the Board now comprises seven members, four of whom are elected from the islander community, thus giving the approximately 350 permanent residents a high level of autonomy. The remaining three members are appointed by the Minister to represent the interests of business, tourism and conservation. The full Board meets on the island every three months while the day-to-day affairs of the island are managed by the Board's administration, with a permanent staff that had increased to 22 people by 1988.

Land tenure has been an issue since first settlement as island residents repeatedly requested freehold title or an absolute gift of cultivated land. Original settlers were squatters. The granting of a 100-acre (40 ha) lease to Richard Armstrong in 1878 drew complaints and a few short-term leases (Permissive Occupancies) were granted. In 1913, with the appointment of a Board of Control, permissive occupancies were revoked and the Board itself given permissive occupancy of the island. Then the Lord Howe Island Act of 1953 made all land the property of the Crown. Direct descendants of islanders with permissive occupancies in 1913 were granted perpetual leases on blocks of up to 5 acres (2.0 ha) for residential purposes. Short-term special leases were granted for larger areas used for agriculture, so in 1955, 55 perpetual leases and 43 special leases were granted. The 1981 amendment to the act extended political and land rights to all residents of 10 years or more. There remains an active debate concerning the proportion of residents with tenure and the degree of influence on the Board of resident islanders in relation to long-term planning for visitors, and issues relating to the environment, amenity and global heritage.