KINGSTON AND ST. ANDREW WATER SUPPLY ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Definition of "the Commissioners"

 

PART I
Ferry River Supply.

   3   Commissioners may establish and construct dams, etc, for certain purpose and may collect, etc, water from the Ferry River and its tributaries

   4   Compensation to owners, etc, of land for any damage

      Powers of Resident Magistrate for Kingston.

   5   Part of Lands Clauses Act incorporated with this Part

 

PART II
Wag Water River Supply

   6   Commissioners authorised to use, etc, all water from the Wag Water River

 

PART III
Iron, Plantain and Ginger Rivers

   7   Power to Commissioners to construct dams and other works etc

      Proviso limiting amount of water to be taken during certain months of the year.

   8   Power to Commissioner to acquire lands, etc

      Incorporation of Lands Clauses Act

      Compensation for future damage in relation to easements

      Lands, etc, acquired by Commissioners to be vested in Commissioner of Lands

      Power to Commissioner of Lands to convey superfluous lands

   9   Power to Commissioners to make compensation for damage for lands and water

      Proviso that no compensation to be paid without proof of damage

   10   Minister to approve of exercise of powers

 

THE KINGSTON AND ST. ANDREW WATER SUPPLY ACT

[Date of Commencement: 20th March, 1911]

Cap 195.

Act 26 of 1980.

1   Short title

   This Act may be cited as the Kingston and Saint Andrew Water Supply Act.

2   Definition of "the Commissioners

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   References in this Act to "the Commissioners" shall, subject to the provisions of the National Water Commission Act, be deemed to be references to the Commission established under the National Water Commission Act and this Act shall be read and construed accordingly.

[26/1980 s 12.]

PART I
Ferry River Supply

3   Commissioners may establish and construct dams, etc, for certain purpose and may collect, etc, water from the Ferry River and its tributaries

   The Commissioners may establish and construct across the Ferry River at such places as they may select dams and such other works as they may deem necessary for the purpose of obtaining additional water supply for the parishes of Kingston and St. Andrew and they may lay out, maintain and establish such dams, reservoirs, pipes, machinery and other works as they may think fit and may take, collect, use, divert and distribute all or so much as they may from time to time require of the waters of the Ferry River and its tributaries and may acquire such lands and easements as the site or sites of the dams, head-works and buildings in connection with the said water supply or otherwise as they may think fit for all or any of the foregoing purposes.

4   Compensation to owners, etc of land for any damage

   (1) The Commissioners shall, subject to both the provisos in this subsection, make to the owners and occupiers and other parties interested in any lands compensation for damage sustained by such owners, occupiers and other parties in respect of such lands by reason of the exercise of the powers vested in the Commissioners by this section: such compensation to be ascertained and determined in the manner provided by the Lands Clauses Act for determining questions of compensation with regard to land purchased or taken under the provisions thereof and for the purposes of this Act diminution in the water of the Ferry River shall subject to the said provisos be deemed to be damage for which compensation may be made or assessed under the said Lands Clauses Act:

   Provided that no compensation shall in any case be made to any such owners, occupiers or other parties without proof by them that actual and appreciable pecuniary damage in respect of such lands has been caused to such owners, occupiers and other parties by reason of the exercise of the powers vested in the Commissioners by this Part:

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