Beach Control Act (1956)

For a properly formatted copy of this document, please click on the Adobe Acrobat link above

BEACH CONTROL
THE BEACH CONTROL ACT
ARRANGEMENT OF SECTIONS
Prelimm
1. Short title.
2. Interpretation.
RiEhts in the Foreshe a d Floor of the Sea
3. Foreshore and floor of the sea d d a d to be vested in the Cmwa.
4. Use of foreshore for private domestic purpoges.
Ucencu for use of the Foreshom and F h r of the Sm
5. Prohibition of use of the foreshore or the floor of the sea without
a licence.
Boor d the sea at the let June. 1956,
6. Application for licence by p c m using the foreshore or the
Protected Area
7. Protected amas and prohibited activitiCs
Conrlruction of Docks, Wharves, Piers, Jetties, elc,
8. Patents. licences, permits and rigbts already granted.
9. Future encroachments to be authorized by licence from the
appropriate Minister.
Establishment, Functions, Duries and Powers of Autlmrity
10. [Deleted by Act 9 of 1991.3rd Sch.]
11. Authority to grant licences for use of ionshore or Boor d the
sea-publication of grant or refusal.
12. Duty to determine certain n& of public and power to acquire
land therefor.
me indusion of h i s pge is authorized by L.N. 3/20011
BEACH CONTROL
13. Aufiority to maintain. use and develop beaches for b e f i t of
14. Power of Authority to take skeps for the establishment of right
the public.
of public to use beach or to gain access thereto.
15. General powers of Authority.
16. [Deleted by Act 9 of 1991,3rd Sch.]
17. [Deleted by Act 9 of 1991.3rd e h . ]
18. Power to make regulations.
19. [Delefed by Act 9 of 1991. 3rd Sch.]
20. [Defeted by Act 9 of 1991. 3rd Sch.]
21. [Deleted by Acf 9 of 1991. 3rd Sch.]
22. [Deleted by Act 9 of 1991, 3rd Sch.]
23. [Delefed by Act 9 of 1991, 3rd Sch.]
Acquirition of Lmtd
24. Application by the Authority.
25. Approval of application by Minister.
26. Notice of approval to be published in the Gazette before acquisi-
27. Appointment. powers and duty of Commission.
28. Determination of compensation.
29. Vesting of land by order of the Minister and triking of possession
30. Publication of report of Commission.
tion.
by the Authority.
Referemm to Cow rmd RoCCmac thrradta
31. Reference to Court.
32. Commission’s statement to the Court.
33. servjce of notiw
34. powm K, appoint aas- if objection ir ia teplrd to amount
35. Death, etc., d a w m .
of ComFCMatim.
[The inclwion of dhis page is authorized by L.N. 3/20011
BEACH CONTROL 3
36. Restriction on scope of enquiry.
37. Proceedings to be in open Court.
38. Record of assessor’s opinion.
39. Difference of opinion between Judge and assessors.
40. Assessor’s fees.
41. Awards to be in writing.
42. Costs.
43. Rules of Supreme Court applicable.
44. Appeal from decision of Court.
45. Determination of apportionment of compmsation.
46. Costs of apportionment to be borne by interested parties.
Payment of Compensation
47. Authority to pay compensation.
Miscellaneous
48. POW to enforce surrender.
49. Exemption from stamp duty, etc.
50. Commission not to cease to exist until all their functions and 1
duties have been W a r g e d
51. Bar of suits to set aside awards.
Public Recreational Beaches
52. Power to declare beach to be a public recreational beach and to
defme the same.
Revestins of Lond or Beach ,
53. Revesting of land for purpose or in furtherance of wmmercial, i
enterprise.
54. Revocation of order declaring beach to bt a public recreational
beach in the interests of development.
mk jnduriw of this ~sgc is authorirsd by U. 90f19931
4 BEACH CONTROL
Appeals from the Authority
55. Appeal to Minister from decision of Authority.
Application to Crown
56. Application of Act to the Crown.
SCHEDULS [DeZeted by Act 9 of 1991.3rd Sch.1
BEACH CONTROL 5
THE BEACH CONTROL ACT
IIst June, 1956.1
Preliminary
1. This Act may be cited as the Beach Control Act.
2. In this Act, unless the context otherwise requires- ttrmtl. go.
!IdW.
“adjoining land” means land adjoining the foreshore
of this Island and extending not more than one I
hundred yards beyond the landward limit of the
foreshore;
“Authority” means the Natural Resources Conservation /II%I
Authority established under the Natural Resources
ConscrVation Authority Act;
“commercial enterprise” includes-
(a) the business of carrying on a hotel or a
proprietary club or the business of letting
premises whereby the facilities mentioned \.
in &on 4 may be enjoyed; and
(b) the commercial use of a bataing beach to
which the public are admitted for bathing
or recreation upon payment of a fee; and
(c) the erection, construction or maintenance
of any dmk, wharf, pier, jetty or other
form of encroachment;
“Commission” means any Commission appointed
/I959
under section 27;
lT¶w indwio. d thh paeoiaadmrhcd by W. 90/1993]
6 BEACH CONTROL
“Court” means the Supreme Court;
“the floor of the sea” means the soil and subsoil of the
sea off the coasts of this Island between low water
mark and the outer limits of the territorial sea of
the Island;
14/1911 s. 8
znd Sch.
*‘fishing’’ includes purposes incident to fishing;
“interested party” includes every person claiming an
interest in compensation to be paid on account of
the compulsory acquisition of any land under this
Act, but does not include a tenant by the month
or at will;
“land” includes rights and interests of any nature or
description whatever in or over land;
“Local Authority” means-
1111957 s. 2.
(a) in relation to the Corporate Area as
defined in the Kingston and St. Andrew
Corporation Act, the Council of the
Kingston and St. Andrew Corporation;
and
(b) in relation to the parishes not within the
Corporate Area, the Parish Cmncils of
such parisha in their respective parish-;
“the Minister” means the Minister responsible for
beach control;
“owner” means owner of an estate in fee simple in the
land or beach in relation to which the expression
is used;
“the public” includes any class oE the public.
Rights in rks Fm&m d, Flmr of the Sea
F ~ O W
tbc i ~ a p&ydtyn sea are hereby declared to be vested in the Crown.
3.--(1) Subject to the provisions of& section, all rights
in and over the foreshore of this Island abd the floor of the
(2) All rights in or over the foreshore of this Island
or the floor of the sea derived from, or acquired under or
lad floor of
thc crown.
inclusion of thin is a- by LN. 90/1993]
3 /
BEACH CONTROL
lhm for
xinw
h a t i c
by virtue of the Registration of Titles Act or any express
grant or licence from the Crown subsisting immediately
before the commencement of this Act are hereby expressly
preserved.
this Act contained shall be deemed to aflect-
(3) Except as provided in section 7, nothing in k$f"
(a) any rights enjoyed by fishermen engaged in fishing
as a trade, where such rights existed immediately
before the 1st June, 1956, in or over any beach or
adjoining land; or
(b) the enjoyment by such fishermen of the use of any
part of the foreshore adjoining any beach or land
in or over which any rights have been enjoyed by
them up to the 1st June, 1956.
(4) No person shall be deemed to have any rights in
or over the foreshore of this Island or the floor of the sea
save such as are derived from or acquired or preserved
under or by virtue of this Act.
adjoining any part of the foreshore and any member of his
family and any private guest of his shall be entitled to use
that part of the €ol.gshare adjoining his land for private
domestic purposes, that is to say, for bathing, fishing, and
other like forms of recreation and as a mms of access to
the sea for such purposes:
Provided that where any land as aforesaid is let, the
letting of which is in pursuance of a commercial enterprise,
the right to the use of the foreshore for private domestic
purposes shall only be by virtue of a licence granted to
the lessor under this Act.
plw hchmion of thig P~DD is authorized by LN. 480119731
51 19s9
k 3.
8 BEACR CONTROL
Licences for use of the Foreshore and Floor of the Sea
Prohlbltlm 5.41) From and after the 1st June, 1956, no person
of U% of !he
for&,re,,r shall encroach on or use, or permit any encroachment on
thefloorof or use of, the foreshore or the floor of the sea for any the sea withoutnhoem.
public purpose or for or in connection with any trade or
business, or commercial enterprise, or in any other manner
(whether similar to the foregoing or not) except as provided
by sections 3,4 and 8, without a licence granted under this
Act.
(2) Any person who contravenes the provisions of
subsection (1) shall be liable on summary conviction before
a Resident Magistrate to imprisonment with or without
hard labour for a term not exceeding twelve months, or to
a fine for each day during which the contravention continues
not exceeding twenty dollars for each such day and
in default of payment of any such fine to imprisonment
with or without hard labour for a term not exceeding three
months, or to both such imprisonment and fine.
(3) Where a company is guilty of a contravention of
the provisions of subsection (11, every director, manager,
agent and officer of the company in this Island who is
knowingly a party to the contravention, shall be liable to
the penalty prescribed by subsection (2).
Application 641) where at the 1st June, 1956, any person M
bypmons encroaching on or using or permitting any encroachment
mngac on or user of the foreshore or the floor of the sea except as
fie*orof authorized by this Act, such person may continue or may
thtlslJune. continue to permit such encroachment or user for a
period not exceeding six months after the 1st June, 1956,
but such person shall, if he intends to continue or to
permit the continuance of such encroachment or user for
any longer period, apply to the Authority for a licence
under this Act within the aforesaid period of six months.
for IiEence
foreshore or
the sw at
1956.
lThc indudon of thia p.0~ U authorid by LN. W/lSn]
`. i
BEACH CONTROL
(2) Any person who applies for a licence pursuant to
subsection (1) shall not be deemed to be acting in contravention
of subsection (1) of section 5, between the date of
application for the licence and the date on which the
application is finally disposed of by the grant of the licence
or otherwise, by reason only of the continuance of any
encroachment or user prohibited by subsection (1) of
section 5.
9
Protected Areas
7.-(1) Notwithstanding anything to the contrary in this RO
Act, the Minister may, upon the recommendation of the
2s 1960 Authority, make an order declaring-
(a) any part of the foreshore and the floor of the sea Ill.
defined in the order together with the water lying
on such part of the floor of the sea to be a protected
area for the purposes of this Act; and
(b) such activities as may be specified in the order to
be prohibited activities in the area defined in the
order, being any or all of the following activities-
(i) fishing by any means specifled in the order;
(ii) the use of boats other than boats propelled
by wind or oars where such boats are
used for purposes other than for the doing
of anything which may be lawfully done
under the Ha&ours Act, the Shipping Act,
the Pilotage Act or the Exclusive Economic 33 1
Zone Act;
(iii) the disposal of rubbish or any other waste
matter;
(iv) water-skiing;
(v) the dredging or disturbance in any way of
the floor of the sea;
s L !
-
[The iacluSj~~ of ldh page is aubrizcd by L N. 3/20011
10 BEACH CONTROL
(vi) the destruction or removal of coral, seafans
and sedentary marine animals;
(vii) the seaching for or removal of any treasure
or artefact from the floor of the sea.
(2) Any order made under this section may contain
provisions for the constitution of a Board or the appointment
of persons to undertake the improvement or maintenance
of the area defined in such order.
(3) The provisions of subsection (5) of section 9
(which relate to the laying of regulations before the House
of Representatives and the Senate) shall apply to orders
made under this section as they apply to regulations made
under the said section 9.
(4) The Minister may, if he thinks fit, grant to any
person applying therefor, in such form and subject to such
conditions as the Minister may think fit, B licence to carry
on in any area defined in an order made under this
section any prohibited activity specified in such order.
(5) Every person, not being a person appointed to
undertake the improvement or maintenance of any area
defined in an order made under this section, who without a
licence from the Minister carries on within such area any
activity specified in such order shall be guilty of an offence
against this Act and shall be liable on summary conviction
before a Resident Magistrate to a h e not exceeding sfty
dollars and to a further fine not exceeding twenty dollars
for every day during which such offence continues after
such conviction.
Consiruction of Docks, Wharves, Piers, Jetties, ere.
Patents, 8. Every patent, licence, permit and right expressly
parnib granted by the Crown before the 1st June, 1956, for taking
2% up of shoal water and for the erection, construction or
m w
liocnea.
[The inclusion of ahis page in authorized by L.N. 3~20011
BEACH CONTROL 11
maintenance of any dock, wharf, pier, jetty, structure or
other form of encroachment (whether similar to the foregoing
or not) on the foreshore or the floor of the sea shall
be deemed valid, and it shall not be necessary to obtain
any licence therefor under the provisions of this Act during
the continuance of such patent, licence, permit or right or
during the period of any extension of such patent, licence,
permit or right in accordance with the provisions of the
original grant.
9.41) Subject to the provisions of section 8, no person
jetty on the foreshore or the floor of the sea, or any
structure, apparatus or equipment pertaining to any dock,
wharf, pier or jetty and encroaching on the foreshore or
the floor of the sea, except under the authority of a licence
granted by the Minister on behalf of the Crown.
(2) Subject to subsection ( 2 ~ ) the Minister may, if he /IW
and subject to such conditions as he may think fit, a li- ,
to erect, construct or maintain any dock, wharf, pier or jetty 1
or any structure, apparatus or equipment as aforesaid.
( 2 ~ ) Any licence atlecting the exclusive economic zone
shall be subject to the provisions of the Exclusive Economic
Zone Act or any order made under section 11 of that Act.
(3) The Minister may make regulations with respect ,
(U) the form and manner of application for licences
to be granted under this section;
(b) the fees to be paid in respect of such licences;
(c) the grant or refusal of such licences; and
(d) the terms, conditions and restrictions that may
be imposed upon the grant of such licences.
shall erect, construct or maintain any dock, wharf, pier or
thinks fit, grant to any person applying therefor, in wch form h
todh
of thiagagt is nuthonzed by L.N. 90/1!3931
12
421 I969
3rd Sch.
Aulhority to
@ant
licence3
for nae of
foreshort
or floor of
the BCBpublication
of grant or
lefussl.
BEACH CONTROL
(4) Notwithstanding the provisions of section 29 of
the Interpretation Act, regulations made under this section
may prescribe greater penalties than those specified in the
said section 29, so, however, that the maximum penalty
that may be imposed by any such regulations shall be a
fine of two hundred dollars or imprisonment with or without
hard labour for a term of twelve months.
(5) AN regulations made under this section shall be
subject to negative resolution.
(6) The decision of the Minister to grant or refuse a
licence under this section shall be h a l and shall not be
questioned in any legal proceeding.
(7) Every grant or refusal of a licence by the Minister
shall be published in the Gazette.
(8) In this section “the Minister” means the Minister
responsible for harbours.
Establishment, Functionr, Duties and Powers of
Authority
10. [Deleted by Acr 9 of 1991,3nI Sch.]
11.41) Subject to the provisions of sections 3, 4 and 9,
and of subsection (2), the Authority my, on application
made in such manner as may be prescribed under section 18,
grant licences (whether exclusive in character OT not) for
the use of the foreshore or the floor of the sea for any
public purpose, or in connection with any business or trade
or for any other purpose (whether similar to the foregoing
or not) to any person, upon such conditions (including the
payment of an annual fee) and in such form as they may
think fit.
(2) Where an application is made for a licence under
subsection (l), the Authority shall consider what public
ple inclusion of this pge is authorized by LN. 90/19931
BEACH CONTROL
interests in regard to fishing, bathing or recreation or in
regard to any future development of the land adjoining
that part of the foreshore in respect of which the application
is made, require to be protected, and they may provide
for the protection of such interests by and in the terms of
the licence or otherwise in accordance with the provisions
of this Act.
Authority shall be published in the Gazette.
(3) Every grant or refusal of a licence by the ~
(2) Where the Authority acting in accordance with
their duty under subsection (1) consider it necessary or
desirable to q u i r e any pottion of land, or rights of user
over the same, whether such portion of land adjoins the
13
14 BEACH CONTROL
1411964 s. 2 (cl.
14) 1964
S. 2 (d).
1411964
S. 2 (e).
1411964 s. 2 (0.
may be determined by agreement between the Authority
and lessor and approved by the Minister, and any such
lease may at the option of the Authority, be renewed from
time to time as often as it expires.
(4) Where any right in or over land is acquired by
the Authority otherwise than by purchase-
(a) the Authority may with the leave of the Minister
and by agreement with the owner or other person
having power to dispose of such land, terminate
such right at any time;
(b) the owner or other person having power to dispose
of the land which is subject to the right or
his nominee may, where such land adjoins the
foreshore, at any time apply to the Authority for
a licence under this Act to use that part of the
foreshore and floor of the sea which such land
adjoins, and the Authority shall consider the
application and may, in accordance with the
provisions of this Act, grant or refuse the licence;
and upon the grant of any such licence the rights
of the Authority or of any person exercising any
rights under the Authority, in or over such land,
shall cease and determine save to the extent that
such rights may be expressly reserved in and by
the terms of the licence.
(5) Where pursuant to this section the Authority
have acquired land otherwise than by purchase the Authority
may at any time by agreement with the owner or other
person having power to dispose of such land and subject
to the approval of the Minister vary the annual rent
payable in respect thereof.
idusion uf this p.gc is authorized by LN. 480/19731
i
BEACH CONTROL 1.5
13. The Authority may maintain, use and develop any &aOrity
beach or land vested in them or may make provision for wmd to mmtam,
the maintenance, use or development of such beach or land 225 f ~ r
by any person, body or authority, on such terms as they g m ~ m ~
may think fit.
14-(1) The Authority may, upon receipt of a petition
from not less than five persons concerned in any dispute
with respect to the right to use any beach, or any land,
road, track or pathway to gain access to such beach, lodge
a plaint in the appropriate Court pursuant to section 9 of
the Prescription Act with a view to establishing such right;
and the Authority shall for the purposes of that section be
deemed to be a person concerned in the dispute.
(2) Where the public or any class of the public I /I958 have used any beach, land, road, track or pathway in the 4 4 (C,
manner and for the period specified in subsection (1) of
section 4 of the F’resuiption Act and such user is not
disputed, the Authority may, if they think it expedient so
to do, make an application to the Supreme Court by
motion for a declaration of the right of the public to use
such beach, land, road, track or pathway, and the Court,
upon being satisfied that the user is not disputed, shall
have power to make such order as the Court may think fit.
(3) The provisions of section 10 of the Prescription
Act shall apply to an application under subsection (2) as
they apply to a plaint pursuant to section 9 of the said
Act, and references in section 10 of the said Act to the
Clerk of the Court and to the judgment of the Court shall
be construed as referenm to the Registrar of the Supreme
Court and to the order of the Supreme Court, rzspectively.
15. Subject to the provisions of this Act, the Authority %E2 Ot shall have power, for the purpose of the discharge of their h f i t y .
functions and duties under this Actp
l e indusion ob ths page is authorized by LN. 90/19931
16 BEACH CONTROL
(a) to carry on all activities, the carrying on whereof
appears to them to be requisite, advantageous or
convenient for or in connection with the discharge
of their said functions and duties;
(6) to do anything and to enter into any transaction
(whether or not involving expenditure, borrowing,
granting of loans or investment of money, the
acquisition of any property or rights or the disposal
of any property or rights) which in their
opinion is calculated to facilitate the proper discharge
of their functions and duties or is h&
dental or conducive thereto.
16. [Deleted by Act 9 of i991,3rd Sch.1
17. [Deleted by Act 9 of 1991,3rd Sch.1
PoWerto
%loonS.
1 8 4 1 ) The Authority may, with the approval of the
Minister, make regulations generally for the proper carrying
out of the purposes and provisions of this Act and h
particular but without prejudice to the generality of the
foregoing may make regulations-
(a) with respect to the form and manner of application
for licences to be granted under this Act by
the Authority, the fees to be paid in respect of
such licences, and the grant or refusal of such
licences;
(b) providing for the impition of fees or charges in
such cases as may be determined by the Authority
for seMces rendered by the Authority, their
servants or agents in carrying out the provisions
of this Act;
(c) providing for the registration of all penon~
licensed under section 11 and for the manner and
method of registration and the particulars to be
registered;
mb ind& d tlus papc is aufhorized by `L.N. 90/`19931
BEACH CONTROL
(4 for securing the observance of sanitary and cleanly
conditions and practices at and in respect of parts
of the foreshore and adjoining lands and parts of
the sea to which members of the public habitually
resort;
(e) providing for the prevention of danger, obstruction
or annoyance to members of the public using
any part of the foreshore or adjoining land;
(f, providing for the employment of lifeguards at
beaches to which members of the public habitually
resort and for the qualifications of such liieguardg
(g) for the preservation of order and good conduct
among members of the public using the foreshore
or adjoining land;
(h) for controlling the erection of placing on any
beach or adjoining land to which the public habitually
resort of bath-houses or buts, booths. tents,
sheds, stands and stalls (whether 6x4 or movable);
(i) governing the use of public recreational beachw
or any of such beaches;
the water lying on any part of the floor of the sea
hrespect of which a licence has been gmnsd by
the Authority-
(i) of spears or other instruments likely to
cause danger to members of the public for
the taking or pursuit of fish; and
( i of boats or vessels of any class specified in
such regulations, so, however, that nothing
in such regulations shall affect anything
which may be lawfully done under the
Harbours Aot, the Shipping Act or the
Pilotage Act.
61 for prohibiting or regulating the use in or upon 24.4
phe incldon of rtds page is aubrkcd by LN. PlZOOll
BEACR CONTROL
(2) The provisions of subsections (4) and (5) of
section 9 shall apply to regulations made under this section.
19. [Deleted by Act 9 of 1991,3rd Sch.]
20. [Delered by Act 9 of 1991,3rd Sch.]
21. [Deleted by Act 9 of 1991,3rd SchJ
22 [Defered by Act 9 of 1991,3rd Sch.]
23. [Deleted by Act 9 of 1991,3rd Sch.]
Acquisition of Land
A@=-
by rbe
~uthority. s 12’1958 s.
ZS/WM)
md(b). s. a (3
24.41) Whenever the Authority consider it llcctsgary
or desirable to acquire any land and have Med to arrive
at any agreement by negotiation under section 12 with the
person entitled to dispose of such land, the Authority may
by application in writing seek the approval of the Minister
for the compulsory acquisition of such land.
14/1964 s3. (2) Where the Authority pursuant to section 12
have acquired land otherwise than by purchase and fail at
the time of any pr@ variation of the annual rent to
arrive at any agreement with the owne~ or other person
having power to dispose of such land as to the annual rent
to be paid upon such variation, the Authority may in like
manner seek the approval of the Minister for the assessment
of such annual rent by a Commission.
(3) An application under subsection (1) shall s t -
forth the precise description of the land which the Authority
propose to aquire and the purpose for which they
propose to acquire it, and shall be m such form, accompanied
by such other information and verified in such
manner as the Minister may require.
BEACH CONTROL 19
25. The Minister may, if he thinks fit, approve the
application, subject to such conditions (if any) as he may
deem fit to impose.
26. The approval by the Minister of the compulsory
acquisition of any land by the Authority shall be published
in the Gazette and thereafter the land may be acquired in
accordance with the terms of the approval and the provisions
of this Act and not otherwise.
27.-(1) Where the Minister is satisfied, after considering
the application from the Authority, that the land which the
Authority propose to acquire compulsorily should be acquired
in the public interest, or, as the case may require, that any
annual rent should be assessed by a Commission, the Minister
shall appoint a Commission of one or more persons-
(a) in the case of a proposal to acquire any land
compulsorily, to make recommendations to him,
after due enquiry, in relation to the boundaries,
definition and description of the land, the compensation
to be paid therefor, the persons to whom
the compensation should be paid, and in relation
to the apportionment of the compensation
amongst such persons;
(b) in the case of a request for the assessment of any
annual rent, to assess such annual rent after due
enquiry.
(2) Every such Commission shall, subject to the
provisions of this Act, have all the powers, privileges,
duties and obligations of, and shall for all purposes be
deemed to be, a Commission appointed under the Commissions
of Enquiry Act.
Approval of
application by
Minister.
25/1960
S. 15 (a).
Notice of
approval to
be published
in the Gazefre
before
aquisition.
2511960
S. 15 (a).
1211958
S. 6.
Appointment,
powers and
duty of
Commission.
2511960
S. 10 (a) (b).
[The inclusion of this page is authorized by L.N. 87120041
BEACH CONTROL
2511960
S. 15 (a).
2511960
S. 10 (c).
2511960
S. 10 (c).
Determination
of cumpensation.
1211958
S. 8 (a).
(3) Any person whose interests are or may be prejudicially
affected shall be entitled to be heard by himself
or by counsel before any such Commission.
(4) The Minister shall direct the Commission-
(a) to endeavour to arrange by agreement between
the persons concerned and the Authority the compensation
or rent to be paid in respect of the land;
(b) (failing such agreement) to assess in accordance 1
with the provisions of section 28 the compensation
or rent to be paid in respect of the land,
and the Commission shall include in their recommendations the
compensation or rent so agreed or assessed.
28.-(1) The compensation in respect of any land to be
compulsorily acquired under the provisions of this Act
shall be assessed on the basis of what would be fair and
reasonable between a willing grantor and a willing grantee,
having regard to the conditions subject to which the land
is to be acquired, and the Commission shall in considering
what compensation should be paid have regard to the provisions
of sections 3 and 4.
(2) In determining the amount of the compensation
to be awarded for land acquired compulsorily under this
Act-
(i) the following and no other matters shall be taken
into consideration-
(a) any increase in the value of the other land
of any interested party likely to accrue fiom
the use to which the land acquired will be
put;
(b) the damage, if any, sustained by any
interested party at the time of the taking
possession of the land by the Authority by
reason of the severing of such land from
the other land of such interested party;
[The inclusion of this page is authorized by L.N. 87120041
BEACH CONTROL
(c) the damage, if any, sustained by any
interested party at the time of the taking
possession of the land by the Authority by
reason of the acquisition injuriously affecting
his other property (whether movable or
immovable) or the actual earnings of such
interested party;
(d) the reasonabIe expenses, if any, incidental
to any change of residence or place of business
of any interested party which is newssary
in consequence of the acquisition;
(ii) the following matters shall not be taken into considera
tion-
(U) the degree of urgency which has led to the
acquisition;
(b) any disinclination of the interested party
to part with the land acquired;
(c) any damage sustained by the interested
party which, if caused by a private person,
would not be a good cause of adon;
(d) any damage which is likely to be caused,
to the land acquired after the date of the,
publication in the Guzetze of the approval ~
of the Minister under section 26 by or in 8/1960
consequence of the use to which it has been
put;
(e) any increase in the value of the land,
acquired which is likely to accrue from the I
use to which it will be put;
0 any outlay or additions or improvements to
the land acquired, which was incurred after
the date of the publication in the Gazezte
of the approval of the Minister under`,,,,,
section 26, unless such additions or im- S. 1s (a).
I
1 s. 1s (a).
induaiOa of thia migc is authorized by LN. 90/11993]
21
i
I
22 BEACH CONTROL
provements were necessary for the maintenance
of any building in a proper state
of rep&,
(g) the fact that the land has been compulsorily
acquired.
(3) The Commission shall, in assessing any rent in
accordance with their duty under section 27, have regard
to the provisions of this section 80 far as such provisions are
applicable to the case.
251 1960 s. 11.
Vesting of
land by
orda
of me
Minister
and
taking of
possession
by the
Authorily.
2511960
S 15W.
29. The Minister may, after considering the recommendations
of the Commission, by order published in the
Gazette, vest the land to be acquired in the Authority in
fee simple or for any lesser estate or interest, or upon
such terms or subject to such conditions or for such period
as he may think fit, and the Authority may at any time
after the publication of the order in the Gazette take possession
of the land.
Publication 30. The report of the cammission shall be published in
Commision. o f r c ~ . o f the Gazetie and in a daily newspaper circulating in the
Island for the information of all interested parties.
RcfucUCC
to court.
251 1960
s. 12.
Reference to Court and Procedure thereafter
31.41) Any interested party who is dissatisfied with any
award made by the Commission may, by written application
to the Commission, require that the matter be referred by
the Commission for the determination of the Court, whether
his objection be in relation to the boundaries, definition or
description of the land or in relation to the compensation
or rent to be paid therefor or the persons to whom the
compensation should be paid or the manner in which the
compensation should be apportioned.
pk incluaim of thL ~a%s is &OM by U. 90119931
BEACR CONTROL
(2) The applicant shall state specifically the grounds
on which the objection to the award is taken and at the
hearing no other grounds shall be given in argument without
the leave of the Court.
(3) Every such application shall be made-
(a) if the person making it was present or
represented before the Commission at the
time of the enquiry, withii six weeks after
the publication of the report of the Commission
in the Gazette;
(b) in other cases, within six months after the
publication of the said report in the
Gazette.
(4) The period within which an application for
reference to the Court shall be made shall not be capable of
enlargement by any Court.
23
c
f
L
3L-(1) In making the reference the Commission shall
(U) the boundaries, definition and description of the
land, with particulars of any trees, buildings or
standing crops thereon;
(b) the names of the persons who they have reason
to think are interested in the land and the
addresses of such persons;
(E) the amount of compensation awarded and the
manner of apportionment thereof;
(d if the objection be to the amount of the compensation,
the grounds on which the amount of compensation
was determined;
(e) if the objection be to the amount of the annual
and the grounds on which such amount was
determined.
-isstate
for the information of the Court in writing- gEb ion3
/]gm rent assessed, the amount of such annual rent f 13.
tTklnallrpionof tham is au(hmiz0d by LN. 90119931
24 BEACH CONTROL
(2) There shall be submitted with the statement
required under subsection (1) a copy of the notes of all the
evidence taken by the Commission certified under the
hand of the chairman thereof and all exhibits produced to
the Commission.
33.-(1) The Court shall thereupon cause to be served OOtiOa upon-
(U) the applicant;
16) all persons interested in the objection, except such,
if any, of them as have consented without protest
to receive payment of the compensation awarded,
and
(c) if the objection is in relation to the area of the
land or to the amount of the compensation, the
chairman of the Commission,
a notice specifying the day on which the Court will proceed
to determine the objection, and directing their appearance
before the Court on that day.
(2) (a) Service of notice under subsection (1) shall
be made by delivering or tendering a copy thereof duly
signed to the person to whom the notice is addressed.
(b) When the person cannot be found the service
may be made on any adult member of his family
residing with him; and if no such adult member can be
found the notice may be served by atsxig the oopy on the
outer door of the house in which the person therein named
ordinarily dwells or carries on business or by affixing a
copy thereof in some conspicuous place in the office of the
Authority and also on some conspicuous part of the land
to be compulsorily acquired or of the land over which any
right is to be compulsorily acquired (as the case may be):
LThe ialu*on d this &age m auth-nkd by LN. 901`19931
-
3 ,
3
BEACH CONTROL 25
Provided that if the Court so directs a notice may be
sent by registered letter addressed to the person named
therein at his last known residence or place of business and
the service of it may be proved by the production of the
registration receipt.
34.-(1) If the objection is in regard to the amount of the
compensation and the award of the Commission is not less
than two thousand dollars, the Court shall appoint two
the objection.
(2) Such assessors may also be appointed in any
other case in which the Court considers it desirable to make
such appointment.
(3) Every person 50 appointed shall attend and serve
as an assessor unless excused by a Judge.
. . assessors for the purpose of aiding the Court in determmm g
35. If an assessor dies or becomes incapable of acting or
is excused by a Judge, some other person shall be appointed
in his stead.
36. The scope of the enquiry in every such proceeding zrpo;
shall be restricted to a consideration of the interests of the wen.
person affected by the objection.
in relation to the apportionment of compensation) shall court.
take place in OF Court.
and shall be recorded in writing by the Judge.
37. Every enquiry by the Court (except under section 45 mF
38. The opinion of each assessor shall be given orally
39.-(1) In case of a daerence of opinion between the
of law or practice or usage having the force of law the
opinion of the Judge shall prevail.
oioplnmn Judge and the assessors or either of them upon a question I bctwan
1 Judge and
rn incl*& thblpsgo is- . by 1L.N. 90/15931
f
i
26 BEACH CONTROL
(2) In case of a difference of opinion between the
Judge and both of the assessors as to the amount of compensation
or as to the amount of any item thereof the
decision of the Judge shall prevail.
hsessor’a 40. Every assessor shall receive such fee not exceeding
twenty dollars as the Judge shall direct for each day upon
which he sits as an assessor or upon which he is engaged
in inspecting the land the subject of the proceedings, and
such fee shall be deemed to be costs in the proceedings.
41. Every award made by the Court shall be in writing
signed by the Judge and the assessor or assessors (if any)
concumng therein and shall specify the amount of compensation
awarded to each person and the grounds upon
which each amount has been awarded.
4241) The costs of any proceedings instituted under
section 31 shall be in the discretion of the Court.
(2) Any costs payable by an applicant may be
recovered as if they were costs incurred in a suit in the
Supreme Court.
Rulca of 43. Save in so far as they may be inconsistent with anycourt
appli- thing contained in this Act, the provisions of the Rules of
cable. the Supreme Court shall apply to all proceedings instituted
under section 31.
44.-(1) Where the amount of compensation or annual
rent awarded by the Court exceeds two hundred dollars,
any interested party may appeal from the award to the
Court of Appeal.
(2) Every appeal under this section shall be presented
within the time and in the manner provided for
appeals by rules governing civil appeals to the Court of
Appeal from the Supreme Court.
p% iaollrsion of tha pgeiaautboriz& by LN, 90/19931
fees.
* w d t o b e
in writing.
CostS.
Appdfmm
*5/19a S. 14.
decision of
court.
BEACR CONTROL 21
45.-(1) Where there is any dispute as to the apportion- Determinament
of any compensation awarded under this Act a Judge pportionin
Chambers shall determine the proportions in which W` Denaptloll.
interested parties are entitled to share in the compensation.
(2) An appeal from any such decision shall lie to the
Court of Appeal.
(3) Every appeal shall be presented within the time
and in the manner provided for civil appeals by the Court
of Appeal Rules.
46. The costs of all proceedings in apportioning the
amount of compensation shall be borne by such of the
interested parties in such proportions as the Judge shall
determine.
Payment of Compemtion
sion in accordance with this Act, the Authority shall offer
in writing to pay the compensation awarded to the interested
parties entitled thereto according to the award and
shall pay it to such parties unless prevented by one or
more of the contingencies mentioned in subsection (2).
(2) If any of the interested parties do not consent to
receive such compensation or if there be no person competent
to alienate the land or if there be any dispute as to
the right to receive the compensation or as to the apportionment
of it the Authority shall apply ex p a r e to a Judge in
Chambers for an order authorizing them to deposit the
amount of compensation in Court.
(3) Every application under subsection (2) shall be
supported by affidavit.
(4) Any interested party upon providing suflicient
security to the satisfaction of the Court may receive such
payment under protest as to the sulliciency of the amount
tion of
llentofcom-
47.41) After an award has been made by the Commis-
ITbo inalusion d thB page n avlhorizod by LN. 90/1993]
28 BEACH CONTROL
Police to
enforce
SUIIeUder.
Exemption
fmrn-p
duty, etc.
Oommiasioo
not to CMM
to exist until
d their
hmctiOnS
and duties
hpvc been
disch.md.
25/1960 s. 1s (a).
Bu of suits
to tcp aside
4wardS.
PoWrrtO
declars
bench to be
n public
and such receipt shall not be deemed to prejudice his right
to make application under section 3 1 :
Provided, however, that no person who has received such
payment otherwise than under protest shall be entitled to
make application under section 31.
Miscellaneous
48.-(1) If the Authority are opposed or impeded in
taking possession of any land acquired under this Act
they shall apply to the Commissioner of Police who shall
enforce the surrender of the land to the Authority.
(2) The Commissioner of Police may use such force
as may be necessary to enforce such surrender to the
Authority.
49. No award made by the Commission shall be charge
able with stamp duty and no person claiming under any
such award shall be required to pay any fee for a copy of
any such award.
50. A Commission shall not cease to exist by reason of
having made their report to the Minister and shall continue
in being until all their functions and duties under this Act
have been discharged.
51. No suit shall be brought to set aside any award or
Public Recreational Beaches
5 2 . 4 1) Where any beach is used by the public for 6shing,
bathing or recreation, upon payment of a fee, the
apportionment under this Act.
Authority may, after consulting the owner or any person rccrcaand
to d e w
t i - l b d exercising control thereof or receiving any such fee, and
t h a ~ ~ . subject to the right of such owner or person to appeal to
p.heinclhofthl~h- . byL.N.90119931
BEACH CONTROL
c
the Minister as provided by section 55, by order published
in the Guzerte-
(a) declare such beach to be a public recreational
beach; and
(b) after consultation with the Local Authority of
the parish in which the beach is situated, 6x the
fee to be paid for admission to or for use of the
beach,
and such beach shall continue to be open to the public for
the aforesaid purposes upon payment of the fee 6xed from
time to time by any such order.
(2) The Authority may, in any order under subsection
(l), define the area of any beach declared under
the said subsection to be a public recreational beach and
they may include in such definition, as part of such public
recreational beach, so much of the adjoining land as they
may think necessary.
(3) An order declaring a beach to be a public
recreational beach shall not have effect until the expiration
of six weeks from the publication thereof in the Gazette
and, in any event, not until a notification is published in
the Gazette by or on behalf of the Minister to the &ect
that there has been no appeal against the order within the
period prescribed by section 55 or that every appeal against
the order has baen dismissed.
(4) Any person who-
(a) hinders or obstructs any member of the
public wing or attempting to use any beach
declared by order under subsection (1) to
be a public recreational beach, or any adjoining
land, and properly conducting
himself and observing the regulations made
by the Authority in relation to the beach
or adjoining lana
CThc Wrsion of fhLpga ia autJmkd by LN. W1119531
30 BEACH CONTROL
(b) demands a fee in excess of the fee fixed
under the said subsection, or any other
form of consideration whatever, for permitting
a member of the public to use any
such beach; or
Id ejects or attempts to eject from any such
beach, except for misconduct, any member
of the public who has paid the fee for
admission to or for the use of the beach; or
(d) wilfully causes any member of the public
who has paid the fee for admission to or
for the use of the beach to leave any such
beach, by doing any act calculated to annoy
such member of the public while he is
lawfully using the beach,
shall be liable on summary conviction before a Resident
Magistrate to a fine not exceeding one hundred dollars or
to imprisonment with hard labour for any term not exceeding
six months.
Revesting of Land or Beach
Rsvesfing of
land for
of mmaoial
enmEZh
53. Any person from whom any land has been campulsorily
acquired by the Authority under the provisions
of this Act may at any time thereafter seek the approval
of the Minister by an application in writing for the
recovery of the land for the purpose or in furtherance of
any commercial enterprise, and the Minister may, if he
thinks fit, after consultation with the Authority, by order
published in the Guzeite, vest the land in fee simple or for
any lesser estate or interest, having regard to the estate or
interest held by such person before the land was acquired
by the Authority and subject to such conditions (if any),
including the payment of any stipulated consideration, as
the Minister may deem fit to impose, in such person for
the purpose aforesaid.
[The inclu!&m of thin Rage is authiized by L.N. 90/119931
BEACH CONTROL 31
54. Any person who is the owner for the time being R ~ D U
of any beach declared by an order under subsection (1) of de~lariag
section 52 to be a public recreational beach may, at any yW&*
time thereafter, request the Authority in writing to revoke l ~ , b ~ t 8
the order, to enable him to recover full control over such lintacs~of
enterprise, and the Authority may, if they think fit, after
consultation with the Local Authority of the parish in
which the beach is situated, revoke the order.
ofordrr
beach for the purpose or in furtherance of any commercial lrn- -P
Appeals from the Authority
55.-(1) Any person aggrieved by any decision of the ~ A ~ I O
Authority to grant or refuse a licence under this Act or ,f,.-d&-
by any order declaring a beach to be a public recreational ~:Fh$@.
beach under this Act may appeal to the Minister by notice
in writing addressed to the Minister, within six weeks
after publication in the Gazette of the grant or refusal of
the licence or after the publication of the order in the
Gazette (as the case may be).
(2) The decision of the Minister as to whether such
licence should be granted or refused or as to whether an
order should be disallowed or not shall be final and shall
not be questioned in any legal proceeding.
Application to Crown
Miolstu
56. The Crown shall be entitled to the benefit of, and ~ppliation
dMto
Ihecmwn. shall be bound by, the provisions of this Act.
c

Los archivos adjuntos: 
Países y Regiones: 
Tipo de recurso: 
Tema de recursos: