KINGSTON IMPROVEMENTS ACT

ARRANGEMENT OF SECTIONS

   1   Short title

 

Interpretation

   2   Interpretation

 

Acts Incorporated

   3   Acts incorporated

 

Financial

   4   Annual allowance

   5   Commissioners to have the control of the sewerage system

   6   Exemption from stamp duty

 

Surplus Funds

   7   Power to apply net unappropriated profits of certain undertakings

 

Public Sewers

   8   Plans, specifications and estimates for sewerage

   9   Powers of the Commissioners

 

House Sewers

   10   House sewers. Owner of house to make connecting sewers

   11   Provision as to water closets to be provided by owners

   12   Situation, etc, of water closets

   13   Owners of hotels, etc, to provide water closets

   14   When sewage not to be allowed on the streets

   15   Sewage not to be disposed of except through connecting sewer

   16   Penalty for offending against section 14 or 15

   17   When privies to be filled up

   18   Nothing but sewage and paper to be allowed in sewers

   19   Penalty for connecting with sewer pipes for conveying steam, etc

   20   Commissioners may order particular sewage not to be allowed to go through sewers

   21   House sewers and closets under control of Commissioners

   22   Inspection of house sewers and water closets

   23   Notice of repairs to be done

   24   Inspection by officials

   25   Licensed Sanitary Constructors

   26   None but Licensed Sanitary Constructors to execute works

 

Improvement of Streets

   27   Plans, specifications and estimates for the reconstruction of the streets

   28   Powers of the Commissioners as to the reconstruction of streets

 

Obstructions and Lines of Streets

   29   Erections prior to 21st May, 1890, may be removed

      Commissioners shall erect steps or stairs and underpin walls in certain cases.

      Compensation.

   30   Removal of erections made since the 21st May, 1890

   31   Doors, etc, to open inwards

   32   Commissioners may alter doors, etc, so as to open inwards

   33   Line of houses to be rebuilt to be prescribed

   34   New building or repairs to frontage to be notified to Commissioners

   35   Erection of building without approval or otherwise than in conformity with approval of Commissioners

   36   Provision for the removal of rain water

   37   Provision as to lands adjoining street higher than the level of the street

   38   Provision as to the guttering of adjoining houses

   39   Provision as to water and gas works and fittings

   40   Owners of the water and gas works, etc, to keep plans

   41   Poles erected prior to this Act may be altered

   42   Poles, etc, not to be erected in positions objected to by the Commissioners

   43   Provision as to the opening and breaking up of streets

   44   Penalty for failing to comply with sections 42 and 43

 

Closing Streets against Traffic

   45   Power to close streets against traffic

 

Power to acquire Lands and Easements

   46   Power to acquire lands and easements

   47   Power to covenant as to future damage

   48   Power to enter on land to make surveys

 

Extended Powers as to Lighting Sewerage

   49   Interpretation

   50   Preparation of plans, specifications, etc, of the undertaking, etc

   51   Performance and maintenance of works

   52   Terms, conditions, etc, in respect of the undertaking, etc

   53   Sections 49 to 53 incorporated with Kingston Gas Works Law (Omitted)

 

EXECUTION OF WORKS

By the Commissioners

   54   Power to enter premises

   55   Penalty for obstructing Commissioners or their servants

 

By Owners or Occupiers

   56   Commissioners may do work owner or occupier fails to do

   57   Occupier may do work owner fails to do

   58   Expenses with interest may be recovered by action and constitute a first charge on the premises

   59   Expenses and interest may be recovered from the occupier who may deduct it from the rent

   60   Limitation of the liability of the occupier to pay expenses

   61   Commissioners authorised to allow time for repayment not exceeding twenty years

   62   A schedule of arrears in repayment to be given by Collector of Taxes to Commissioners

   63   Agreement may be made as to the execution of works

 

Form and Service of Notices

   64   Provisions as to the form and service of notices

   65   Power to cancel notice and issue new notice

   66   Service of notice on Commissioners

 

Arbitration

   67   Parties may agree to arbitration

 

Legal

   68   Certificate of Commissioners signed by proper officer prima facie evidence of certain matters.

 

Miscellaneous

   69   Penalties

   70   Commissioners may work tramways for the purposes of this Act

   71   Commissioners may use traction engines or steam rollers

   72   Provision for advances from the Treasury

   73   Duplicates of plans prepared under this Act

 

Regulations, etc, to be made by virtue of this Act

   74   Regulations

      SCHEDULE

 

THE KINGSTON IMPROVEMENTS ACT

[Date of Commencement: 21st May, 1890]

Cap 197.

Law 19 of 1958.

Act 26 of 1980.

1   Short title

   This Act may be cited as the Kingston Improvements Act.

Interpretation

2   Interpretation

   In this Act-

   "Commissioners" shall be deemed to refer to the Kingston and Saint Andrew Corporation created and established by the Kingston and St. Andrew Corporation Act and the Council constituted under that Act except when used in relation to water works or sewerage in which case the expression shall be deemed to refer to the Commission established under the National Water Commission Act, and shall in either case be so read and construed accordingly;

[26/1980 s 12.]

   "Kingston" means the parish of Kingston as defined by the Counties and Parishes Act;

   "Managing Commissioner" shall be deemed to refer to the Mayor under the Kingston and St. Andrew Corporation Act, except when used in relation to water works or sewerage in which case the expression shall be deemed to refer to the Chairman of the National Water Commission established under the National Water Commission Act, and shall in either case be so read and construed accordingly:

[26/1980 s 12.]

   "owner" means the person for the time being receiving the rent of the land or premises in connection with which the word is used, whether on his own account or as agent, or trustee for any other person, or who would so receive the same, if such land or premises were let;

   "person" includes any body of persons, whether corporate or unincorporate;

   "the Promoters of the Undertaking" means the Managing Commissioner;

   "St. Andrew" means the parish of Saint Andrew, as defined by the Counties and Parishes Act;

   "sewage" means the wastes of animal life other than stable manure the drainings of stable, water discharged from sinks, basins, baths, and all other water that has been used for domestic purposes, or in any industrial processes, and all waste water;

   "Sewer" means any culvert, drain or pipe intended or used for the conveyance of sewage;

   "sewerage" shall mean the system of sewers and their accessories by which the sewage of Kingston or of any specific part thereof is or is intended to be conveyed;

   "street" includes the public roads, lanes and thoroughfares mentioned in the Schedule up to the widths mentioned in the said Schedule, and also all other public roads. lanes and thoroughfares, unenclosed public spaces, alleys, bridges, and the lands between any such and the boundary line of the adjoining properties;

   "Street Authority" includes the Kingston and St. Andrew Corporation created and established by the Kingston and St. Andrew Corporation Act, and the Council constituted under that Act;

   "the undertaking" and the "works" include the sewerage of Kingston, the repairs, improvement and reconstruction of the streets of Kingston and the making provision for the drainage of Kingston under this Act, and the undertaking and works under this Act authorised to be executed.

Acts Incorporated

3   Acts incorporated

   The following Acts are, for the purposes of this Act, incorporated herein and to be read herewith, except in so far as the same are not material for any such purpose, or in any way modified by this Act, that is to say-

   (a)   the Tax Collection Act, or any enactment in substitution thereof;

   (b)   the Property Tax Act, or any enactment in substitution thereof;

   (c)   the Licence and Registration Duties Act, or any enactment in substitution thereof;

   (d)   the Lands Clauses Act, except sections 10, 11, 15, 16, 67, 68, 84, 88, 89, 90, 91, 92, 93, 101, 103, 104 and 105, so far as section 105 relates to the deduction of a percentage from money paid into the Treasury and except so far as the said Act is varied by or is inconsistent with the provisions of this Act;

   (e)   the Part V of the Justices of the Peace Jurisdiction Act, except the section dealing with any penalty imposed by any enactment relating to the revenue of this Island.

Financial

4   Annual allowance

   In order better to provide for the maintenance and repair of the streets of Kingston there shall be stated annually on the Estimates for the Public Service, and shall be paid annually accordingly as part of the General Expenditure, the sum of four hundred dollars.

5   Commissioners to have the control of the sewerage system

   The Commissioners shall have the care, inspection, maintenance, repair, working and management of the sewerage system, and the expenditure incidental thereto shall be provided for wholly or in part by an annual contribution from the Consolidated Fund of the sum of eighteen thousand dollars.

[19/1956 s 3.]

6   Exemption from stamp duty

   All conveyances, receipts and other documents made or given by or to the Commissioners shall be free of stamp duty. The Commissioners shall be entitled to the issue of free process.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.