LOCAL IMPROVEMENTS (COMMUNITY AMENITIES) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Declaration of certain areas as special improvements (infrastructure) areas

   4   The effect of an order under section 3

   5   Order under section 3 to be provisional in the first instance

   6   Objections to the provisional order

   7   Registrar of Titles to be notified of any title affected by the order

   8   Register of orders

   9   Compulsory acquisition of a leasehold interest in land affected by the order

   10   Procedure and compensation

   11   Principles applicable to leasehold interests compulsorily acquired

   12   Special improvements (infrastructure) scheme

   13   Scheme to be provisional in the first instance

   14   Local Authority, etc, to be consulted before approving the scheme

   15   Approval of scheme by Minister

   16   Power to carry scheme into effect

   17   Acquisition of other land for the purpose of carrying scheme into effect

   18   Local Improvements Act and Town and Country Planning Act not to apply

   19   Offences

   20   Regulations

 

THE LOCAL IMPROVEMENTS (COMMUNITY AMENITIES) ACT

[Date of Commencement: 5th August, 1977]

Act 21 of 1977.

1   Short title

   This Act may be cited as the Local Improvements (Community Amenities) Act.

2   Interpretation

   In this Act-

   "Commissioner" means the Commissioner of Lands;

   "Landlord", in relation to any land, means the person who grants a tenancy in respect of such land;

   "Local Authority" means-

   (a)   a Parish Council constituted under the Parish Councils Act; or

   (b)   the Council of the Kingston and St. Andrew Corporation constituted under the Kingston and St. Andrew Corporation Act;

   "scheme", in relation to any land, means a special improvements (infrastructure) scheme prepared under section 12 in respect of such land;

   "tenant", in relation to land, means the person who is in occupation of such land whether as lessee, licensee or otherwise and "tenancy" shall be construed accordingly.

3   Declaration of certain areas as special improvements (infrastructure) areas

   (1) The Minister may by order declare any area defined in the order and comprising lands specified in subsection (2) to be a special improvements (infrastructure) area for the purposes of this Act.

   (2) The lands referred to in subsection (1) arc lands-

   (a)   on which a community of persons is established primarily for residential purposes on a basis whereby their occupation is in the majority of cases of limited duration (whether by way of lease, licence or otherwise); and

   (b)   which either-

         (i)   have been laid out or subdivided for the purpose of building thereon or for sale without the relevant sanction or approval under the Local Improvements Act, or have been developed without complying with the requirements of the Town and Country Planning Act or any development order made thereunder; or

         (ii)   have been laid out or sub-divided or developed as aforesaid at a time when no such sanction' approval or compliance, as the case may be, was required by law; and

   (c)   as to which the Minister is satisfied that there is no provision, or no sufficient provision, for any one or more of the following facilities-

         (i)   roadways;

         (ii)   water supply;

         (iii)   sewage disposal,

         (iv)   electricity supply.

   (3) The order shall specify the facilities referred to in paragraph (c) of subsection (2) for which the Minister is satisfied there is no provision or no sufficient provision.

   (4) So soon as may be after the order is made, the Minister shall cause to be published in the Gazette and in a daily newspaper published and circulating in Jamaica a notice specifying the place where the plan defining the area covered by the order may be inspected during such period as may be stated in such notice and specifying the period within which and the persons by whom objections to and representations against such order may be made.

   (5) For the purposes of this Act-

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