MAIN ROADS ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   When and how and to what extent this Act may be made applicable to parochial roads

 

Main Roads Management

   4   Schedule of Main Roads

   5   Power to the Minister to declare other roads to be main roads

   6   Director to manage main roads and the funds thereof

   7   Property in main roads, etc, vested in the Commissioner of Lands

   8   Boundaries and widths of main roads

   9   Where no boundary fence exists

   10   When buildings deemed to be an encroachment on main road within meaning of section 24

   11   Notice of intention to erect fence or building along or near boundary of main road

   12   Ownership of dyewoods and fruit of trees within the lines of main-roads

   13   Power to convey abandoned road to owner of land; taken for new road in certain cases

   14   Power to lay down and use temporary tramways

   15   Power to grant permission to construct or lay down works across, above, or under main roads

   16   Power to permit gates across main roads

   17   Powers to impound or destroy animals trespassing on main roads

   18   Power to enter on lands to survey for main road

   19   Procedure on laying out new road, or altering a main road

 

The Taking of Lands

   20   Powers and restrictions as to acquiring land for main road purposes

   21   Powers of the Director

   22   Powers of entry upon and occupying and using private lands

 

Encroachments

   23   What are encroachments

   24   As to the removal of encroachments by the owner, or in his default by the Director

   25   Removal of encroachments by the Director

 

Offences

   26   List of offences against this Act and penalties therefor

 

Lights and Carriages

   27   Lamps and lighting during specified period

 

Power to Arrest

   28   Power to arrest offenders on view without warrant

 

Legal

   29   Making and execution of deeds and instruments relating to main roads

   30   Actions relating to main roads

   31   Exemption of stamp duties

   32   Exemption from personal responsibility for acts done under this Act

   33   Right of free process

 

Miscellaneous

   34   Payments by promoters how made

   35   Special publication of sections 23 and 26 required

   36   Lands Clauses Act partially incorporated

 

THE MAIN ROADS ACT

[Date of Commencement: 11th February, 1932]

Cap 231.

Laws
45 of 1953,
2 of 1954,
68 of 1958.

Acts
42 of 1969,
13 of 1985.

1   Short title

   This Act may be cited as the Main Roads Act.

2   Interpretation

   In this Act, and in the Lands Clauses Act, as hereinafter incorporated herewith-

   "carriage" includes carts, waggons, drays, wheeled carriages of every description, bicycles, tricycles and other similar machines;

   "cultivated" and " uncultivated" and "ruinate" in connection with the word "land", shall be held to apply to the actual state or condition of each particular portion of any land acquired or entered upon under this Act, without reference to any other portion of the same land whether separated or not therefrom by any boundary or fence;

   "Director" means the Chief Technical Director;

   "house" means an inhabited dwelling-house rateable to the Parish General Rate;

   "the promoters" means the Director;

   "road" includes the roadway, the water tables, the bridges and fordings, on the line of the road, and the land on each side of the roadway and water tables up to the boundary of the road;

   "the undertaking" and "the works" include the laying out, making, repairing, widening, altering, deviating, maintaining and managing, as well of the main roads under this Act as of any new line of road which the Minister may authorise the Director to lay out and make, with a view to declaring the same a main road, and all structures, buildings and lands, appertaining to any such main road or new line of road as aforesaid, or authorised under this Act to be acquired or constructed.

3   When and how and to what extent this Act may be made applicable to parochial roads

   It shall be lawful for the Minister from time to time by notice in the Gazette, to declare that he has charged the Director with the laying out, making, repairing, widening, altering, deviating, maintaining or managing, of any parochial road, or of any new line of road which it is desired to lay out and make with a view to the same becoming a parochial road; and thereupon the Director shall have the same powers and authority with respect to such parochial road, or proposed new line of road, as are conferred upon him by this or any other enactment. with reference to any main road, or proposed new line of main road; and all the provisions of this Act. or of any other enactment as aforesaid, shall thereupon apply to such parochial road, or proposed new line of parochial road, as if in each case the words "parochial road" were substituted for the words "main road".

Main Roads Management

4   Schedule of Main Roads

   (1) The Director shall keep at such place and in such form and manner as the Minister may from time to time direct a Schedule of Main Roads in which shall be entered all the lines of roads which are or have been declared to be Main Roads. The Director shall from time to time add to such Schedule any other road or part of any other road which the Minister may from time to time by notice in the Gazette declare to be a main road and shall remove from the Schedule any road or part of a road which the Minister may from time to time by notice in the Gazette declare to have ceased to the a main road.

   (2) The production of a certificate purporting to be signed by the Director or any senior officer of his Department certifying that the road mentioned therein is a main road shall without further proof be prima facie evidence. Such certificate shall not be liable to stamp duty.

5   Power to the Minister to declare other roads to be main roads

   (1) The Minister. may from the to time by notice in the Gazette-

   (a)   add to the Schedule any other road, or part of any other road, and declare such road or part of a road to be a main road, and

   (b)   remove from the Schedule any road, or part any roads and declare the such road or part of a road has ceased to be a main road.

   (2) unless the road of part of a road so removed from the Schedule of Main Roads be forthwith taken over by the parochial authorities for parochial road purposes, all public rights of way thereover shall cease; and it shall be lawful or the Commissioner of Lands to sell the same giving to the owner of the adjoining land, or portion thereof from which such road was originally taken, the first right of purchase.

6   Director to manage main roads and the funds thereof

   Subject to the directions of the Minister, the laying out, making, repairing, widening, altering, deviating, maintaining, superintending and managing of main roads, and the control of the expenditure of all moneys allotted thereto, shall be vested in the Director, with such permanent staff engineers, superintendents and other subordinate officers as the Governor-General may from time to tune appoint, and such temporary staff of superintendents and other subordinate officers as may from time to tune be appointed, all of whom shall be deemed to be officers of the Public Works Department within the meaning of any enactment relating to the same.

7   Property in main roads, etc, vested in the Commissioner of Lands

   The property in the main roads, and in the land pertaining thereto, and in all the erections and buildings, mileposts, fences and other things, erected upon and provided for and upon such roads, with the conveniences and appurtenances thereto respectively belonging, and the materials of which the same consist, and the materials tools and implements, provided for the repairing of the said roads shall be vested in the Commissioner of Lands or the Accountant-General as the case may be for the time being, for the use of Her Majesty the Queen in right of the Government of Jamaica and in all legal proceedings it shall be sufficient to state generally such roads and things to be the property of Her Majesty the Queen.

[42/1969 3rd Sch.]

8   Boundaries and widths of main roads

   The boundary of any main road shall be the fence running along it on either side and where there is no fence the boundary shall be a line at all points twenty-five feet from the centre of the roadway measuring in a direction at right angles to the road.

9   Where no boundary fence exists

   On any portion of a main road, where no boundary fence exists, it shall not be lawful for any person to bring forward a fence, beyond the line of boundary on either side thereof and any fence so erected shall be deemed to be an encroachment on the main road within the meaning of section 23.

10   When buildings deemed to be an encroachment on main road within meaning of section 24

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