WATERSHEDS PROTECTION ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   [Deleted by Act 9 of 1991 3rd Sch.]

   4   Duties of Authority

   5   Declaration of watershed areas

   6   This Act to prevail in watershed area

   7   Prohibition of fires

   8   Power of Authority to make regulations

   9   Powers of inspection

   10   Assisted improvement agreement

   11   Provisional compulsory improvement scheme

   12   Notification of schemes

   13   Objections to schemes

   14   Transmission of scheme to Minister

   15   Approved compulsory improvement scheme

   16   Procedure after approval of scheme

   17   Compensation for substantial diminution in value of affected parcel

   18   Compensation for loss or damage which does not affect the value of land

   19   Procedure in relation to compensation

   20   Reference of compensation claims to Valuation Board

   21   Appeal to Court of Appeal

   22   Appointment of Watersheds Protection Committees

   23   Functions of Watersheds Protection Committees

   24   [Deleted by Act 9 of 1991 3rd Sch.]

   25   [Deleted by Act 9 of 1991 3rd Sch.]

   26   [Deleted by Act 9 of 1991 3rd Sch.]

   27   [Deleted by Act 9 of 1991 3rd Sch.]

   28   Offences

   29   Penalties in regulations

   30   Application of Act to Crown

      SCHEDULE [Deleted by Act 9 of 1991 3rd Sch.]

 

THE WATERSHEDS PROTECTION ACT

[Date of Commencement: 1st April, 1963]

Acts
4 of 1963,
21 of 1975,
9 of 1991.

1   Short title

   This Act may be cited as the Watersheds Protection Act.

2   Interpretation

   In this Act-

   "approved scheme" means a scheme approved under section 15;

   "assisted improvement agreement" means an agreement entered into under section 10;

   "Authority" means the Natural Resources Conservation Authority established under the Natural Resources Conservation Authority Act:

[9/1991 3rd Sch.]

   "chairman" means the chairman of the Authority or any person for the time being performing the functions of the chairman:

[9/1991 3rd Sch.]

   "claimant" means a person who claims compensation under section 17 or 18;

   "Committee" means a Watersheds Protection Committee constituted under section 22;

   "construction parcel" means any parcel of land wholly or partially within a watershed area on which is done or is proposed to be done any improvement work;

   "daylight" means the interval between five o'clock in the morning and the succeeding six o'clock in the evening;

   "improvement work" means work of any nature which-

   (a)   is likely to reclaim or rehabilitate any land or to remedy, retard or prevent erosion or other deterioration of land; and

   (b)   is designed to encourage, assist or secure the conservation of water resources;

   "interested person" means any person in whom is vested any estate or interest in possession, remainder or reversion in or interest by way of charge on-

   (a)   any construction parcel; or

   (b)   any parcel of land the value of which is likely to be enhanced or diminished or the deterioration of which is likely to be occasioned, prevented, diminished, increased, accelerated or retarded by the doing of any improvement work upon such parcel or up on any construction parcel ;

   "owner" means in relation to any construction parcel the person in whom is vested the estate in fee simple in that parcel;

   "provisional scheme" means a scheme at any time before it becomes an approved scheme,

   "scheme" means a compulsory improvement scheme prepared under this Act;

   "Valuation Board" means a Valuation Board constituted under the provisions of the Land Valuation Act, or, in relation to any parish in respect of which that Act is not in operation, a Board of Assessment established under the provisions of the Valuation Act,

   "watershed area" means an area defined and declared to be a watershed area under section 5.

3   [Deleted by Act 9 of 1991 3rd Sch.]

4   Duties of Authority

   It shall be the duty of the Authority with a view to promoting the conservation of water resources to institute such measures and to recommend to the Minister for implementation such programmes as it considers necessary for the protection of those areas which constitute or adjoin the watersheds of the Island.

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