IRRIGATION ACT

ARRANGEMENT OF SECTIONS

   1   Short title

 

PART I
Preliminary

   2   Interpretation

   3   Irrigation areas

   4   Licensing of Irrigation Authority

   5   Duties of Irrigation Authorities

   6   Power to drain land

   7   Authority may require occupier to make, maintain or clean drains

 

PART II.
Preparation, Confirmation and Modification of Schemes

   8   Provisional Irrigation Schemes

   9   Notification of schemes

   10   Objection to schemes

   11   Transmission of schemes to Minister

   12   Approved irrigation scheme

   13   Confirmation of approved irrigation schemes

   14   Amendment of confirmed schemes

   15   Modification of confirmed irrigation scheme

 

PART III
Implementing of Schemes

   16   Authority to implement schemes

   17   Acquisition of interest and ancillary rights and extinction of servitudes by agreement

   18   Compulsory vesting of estates interest and ancillary rights and extinction of easements and other rights

   19   Power to abstract, divert and impound water

   20   Distribution of water

   21   Power to withhold water

   22   Power to inspect

   23   Power to enter and do work upon land

   24   Power to require information

 

PART IV
Compensation, Enquiries, and Legal Proceedings

   25   Where compensation payable

   26   Compensation in respect of the acquisition of proprietorial interests in land

   27   Compensation payable in respect of acquisition of ancillary rights

   28   Compensation in respect of extinction of servitudes

   29   Compensation in other cases

   30   Restriction upon award of compensation

   31   Restriction on right of action

   32   Compensation claims

   33   [Deleted by Act 36 of 1995 3rd Sch.]

   34   [Deleted by Act 36 of 1995 3rd Sch.]

   35   [Deleted by Act 36 of 1995 3rd Sch.]

   36   [Deleted by Act 36 of 1995 3rd Sch.]

   37   Damage to irrigation works

   38   Obstruction or damages

   39   Waste or abstraction of water

   40   Further provision as to wasting water

   41   Resale of water without the approval of the Authority, unlawful

   42   Tampering with irrigation works

   43   Obstruction of officers

   44   Failure to furnish information

   45   Failure to attend and give evidence etc, at compensation enquiry

 

PART V
[Deleted by Act 36 of 1995 3rd Sch.]

   46   [Deleted by Act 36 of 1995 3rd Sch.]

 

PART VI
Rates and Financial Provisions

   47   Imposition of charges

   48   [Deleted by Act 7 of 1999 s 4.]

   49   Power of Minister to remit

   50   Increase on arrears

   51   Recovery of charges and percentage increase

   52   [Deleted by Act 7 of 1999 s 4.]

   53   [Deleted by Act 7 of 1999 s 4.]

   54   Accounts to be audited

   55   Financial statements, estimates and report

 

PART VII
Licences to Carry out Irrigation Functions

 

   56   Interpretation

   57   Licensing of bodies corporate to perform irrigation functions

   58   Licensing procedure

   59   Form and contents of licence

   60   Reports, information and inspection

   61   Compensation payable by licensee

   62   Regulations under Part VII

 

PART VIII
Miscellaneous

   63   [Deleted by Act 7 of 1999 s 4.]

   64   Regulations

   65   Authority may require person subdividing land to provide for extension of works

 

PART IX
Power to divest and transfer functions of Authority

   66   Vesting of assets and liabilities

   67   Transfer of staff of prescribed Authority

      SCHEDULE

 

THE IRRIGATION ACT

[Date of Commencement: 23rd November, 1949]

Cap 168.

Laws
40 of 1955,
72 of 1956.

Acts
9 of 1989,
36 of 1995,
7 of 1999,
27 of 2003.

1   Short title

   This Act may be cited as the Irrigation Act.

PART I
Preliminary (sections 2-7)

2   Interpretation

   In this Act-

   "ancillary right" means any servitude acquired or proposed to be acquired by the Authority otherwise than with a view to its extinction;

[7/1999 s 4.]

   "appropriate Clerk of the Courts" means the Clerk of the Resident Magistrate's Court for the parish in which was done or occurred the act or neglect in respect of which compensation is claimed under this Act;

   "Authority" means any company licensed to be the Irrigation Authority pursuant to section 4;

[7/1999 s 4.]

   "Black River area" means-

   (a)   that portion of the Black River including the banks thereof, from the sea to Lacovia Bridge;

   (b)   the Upper Morass area;

   (c)   the Y. s. River area; and

   (d)   the areas described in the Additional Areas (Parish of St. Elizabeth) Reclamation Order, 1953, published in the Jamaica Gazette Proclamations, Rules and Regulations on the 26th day of January, 1953;

   (e)   such other areas in the parish of St. Elizabeth as the Minister may, by order, specify for the purposes of this Act;

[7/1999 s 4.]

   "company" means a company incorporated under the Companies Act;

[7/1999 s 4.]

   "drainage" means the removal from land of any water which may be detrimental to the use or development of land for any purpose;

[72/1956 s 2(a).]

   "irrigation" includes the inundation of agricultural land;

   "irrigation area" means any area declared to be an irrigation area under section 3;

   "interested party" means-

   (a)   in relation to the acquisition of any proprietorial interest by the Authority, the person by whom such proprietorial interest may lawfully be conveyed to the Authority; and

[7/1999 s 4.]

   (b)   in relation to the acquisition of any ancillary right by the Authority, every person in whom is vested any proprietorial interest in the land over which such ancillary right is sought to be acquired; and

[7/1999 s 4.]

   (c)   in relation to any servitude, any person by whom such servitude may lawfully be extinguished;

   "reclamation" means the recovery of the use of land previously inundated with water;

[7/1999 s 4.]

   "reclamation scheme" means a scheme for the drainage and reclamation of any land;

[7/1999 s 4.]

   "irrigation purposes" means the collection, impounding and distribution of water for irrigation within the irrigation area in relation to which the expression is used;

   "irrigation scheme" means a scheme for implementing irrigation purposes in the irrigation area in relation to which the expression is used;

   "provisional irrigation scheme" means an irrigation scheme prepared under this Act at any time before it becomes an approved irrigation scheme;

   "approved irrigation scheme" means an irrigation scheme prepared under this Act and approved by the Minister under section 12 at any time before it becomes a confirmed irrigation scheme;

   "confirmed irrigation scheme" means an irrigation scheme prepared under this Act approved by the Minister and confirmed under section 13;

   "irrigation works or work or reclamation works" includes every description of building, structure, excavation, well, tank, reservoir, dam, embankment, sluice, aqueduct, canal, trench, pipe, cable, wire, pump, appliances, plant, machinery or apparatus used or proposed or intended to be used-

[7/1999 s 4.]

   (a)    for or in connection with any irrigation or drainage purpose; or

[72/1956 s 2(b).]

   (b)   for the generation, conservation, storage, supply or distribution of power of any description for or in connection with any irrigation purpose; or

   (c)   for facilitating communications of every description within or between any parcels of lands upon which are situated or are proposed to be situated any works of the nature referred to in paragraph (a) or in paragraph (b) of this definition;

   "proprietorial interest" means any estate, interest, encumbrance or other right in, upon or over any lands the subsistence of which at law or in equity entitles or which at some future time or upon the happening of some future event (whether certain or uncertain), will entitle the person in whom it is vested, to be in or to enter into possession or occupation of those lands;

   "private water", "public water" and "public stream" have the same meaning as in the Water Act;

   "restricted area" means any area declared to be a restricted area under section 3;

   "servitude" includes any easement, profit or restrictive covenant, and any encumbrance or right (except an encumbrance or right created or conferred by Statute or a proprietorial interest) the subsistence of which at law or in equity in or over any land entitles or at some future time or upon the happening of some future event (whether certain or uncertain) will entitle, the person in whom such encumbrance or right is vested, to do or to require to be done or to require not to be done any act upon or in relation to the land in, upon or over which such encumbrance or right subsists;

   "standard date" means the one hundred and eightieth day next before the first publication in the Gazette of the notice under section 9 in relation to the irrigation scheme under or for the purposes of the preparation of which is done the act in respect of which compensation is to be assessed under this Act;

   "Upper Morass area" means all that area in the upper reaches of the Black River comprised within the boundaries set out in Part II of the Schedule;

[7/1999 s 4.]

   "Water" has the same meaning as in the Water Resources Act;

[36/1995 3rd Sch.]

   "watercourse" includes any river, stream, creek, canal, drain, or any permanent and defined course for water, whether continuously containing water or not, and whether artificial or not, which is either wholly or in part within an irrigation area;

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