Crown Lands Regulations, 1960

Crown Lawds CHAPTER 169 CROWN LANDS No. 1. Crown Lands Regulations 00 Made by the Administrator in Council under subsection (1) of section 5 ~9~i~60 of the Crown Lands Ordinance (Cap. 169). 28{1961. 1. Short title. These Regulations may be cited as the Crown Lands Regulations. 2. Interpretation. In these regulations " Crown grant" means and includes every instrument effecting a sale of Crown lands under these regulations and also the renewal of any lease; " Crown lands" shall have the same rrieaning as in the Ordinance; " Crown surveyor" means the Crown surveyor and commissioner of lands and every land surveyor employed by the Government of this Colony under the Crown surveyor; .. lease" means a term of years and includes a licence; .. sale .. means a sale by way of conveyance of the fee simple absolute and includes every grant exchange or lease of Crown lands under these regulations; .. the Ordinance" means the Crown Lands Ordinance. 3. Crown lands officer. There shall be appointed a Crown lands officer who shall be responsible for undertaking all such duties in connection with the Crown lands office as may from time to time be assigned to him by the Administrator in Councilor by the Crown surveyor. 904 CAP. 169] Crown Lands Crown Lands [CAP. 169 • 4. Reglater of Crown grants. (1) There shall be kept at the office of the Crown surveyor a register of all leases and sales of Crown lands made under these Tt'J;\tlations together with a copy of the Crown grant survey and di:1grarn of survey and all other documents connected therewith. (2) Certified copies of all Crown grants diagrams of survey and all other documents connected therewith may be made by the Crown surveyor and obtained by any person desiring them on payment of the fees prescribed in the Second Schedule hereto. 5. Conditions attaching to sale of land. In every sale of Crown lands the Crown reserves (1) All roads. paths, passages or tracks over and upon Crown lands or any part thereof which the commissioner may cause to be marked on the plan of the said lands. (2) The exclusive use of such portions of the lands as may be indicated on the plan by the commissioner. as being. reserved for public purposes, the same being not less than five chains on either side of the head waters of any river or stream. (3) All minerals upon or under the said lands, with full liberty at all times to search, dig for and carry away such minerals, and for such purpose to enter upon such lands or any part thereof. (4) All mineral oils upon or under the said lands, with full liberty at all times to enter upon the said lands for the purpose of searching for, winning and taking away all and any mineral oil. found therein. 6. Conditions of agrtcultural lease. (1) Every lease of Crown lands for agricultural purposes made under these regulations shall in addition to any other conditions and reservations provided for by these regulations or by the lease be subject to the following conditions, that is to say (a) where .the land does not exceed ten acres in area at least fifty per cent of the cultivable area shall be properly developed to the satisfaction of the Administrator in Council with the advice of a senior member of the agricultural department nominated by the commissioner for agricultural development and the Crown lands officer before an option to purchase may be exercised, or any application for the sale of the fee simple absolute shall be entertained; (b) where the land exceeds ten acres but does not exc~d one hundred acres at least sixty-six and two-thirds per cent of the cultivable area shall be properly developed to the satisfaction of the Administrator in Council with the advice of a senior member of the agricultural department nominated by the commissioner for agricultural development and the Crown lands officer before an option to purchase may be exercised or any application for the sale of the fee simple absolute shall be entertained. (2) The cultivable area shall be determined by the Administrator in Council after seeking the advice of the committee appointed by him and consisting of a senior member of the agricultural depart ment nominated by the commissioner for agricultural development and a member of the agricultural advisory committee. (3) Nothing in paragraph (1) of this regulation shall prevent the renewal in accordance with the provisions of regulation 13 of these regulations of any lease where an option to purchase is not exercisable. (4) All leases shall include a requirement for specified minimum development during their effective periods and shall be surrendable at fixed stages if the requirements are not met, and shall provide also that the option to purchase shall be nullified if the required development is not undertaken by the end of the period specified in such lease. (5) In the event of any dispute or difference ansmg between a lessee and Government in connection with determination of degree of development by the Administrator in Council of land leased for the purpose of regulations 6 and 9, such dispute or difference shall be heard and determined by two arbitrators one of whom shall be the commissioner for agricultural development or a senior member of the agricultural department other than the member who advised the Administrator in Council in the first instance nominated by 906 CAP. 169] Crown Lands Crown Lands [CAP. 169 ~( (he cornnussroner for agricultural d('\'I'!ormenl and a member of the agricultural advisory commit 11,' n.unina t c-I j,y the aggrieved person. The person desiring such arbitration shall, within a fortnight of the receipt of notification from the Crown surveyor of the decision of the Administrator in Council serve a notice in writing on the Crown surveyor intimating his desire, and such notice shall be promptly forwarded to the Administrator in Council. The decision of the arbitrators as to the dispute or difference shall be final and binding on both parties. 7. Applications. (1) Applications for the sale or lease of Crown lands shall be made to the Crown surveyor in the form or in like form to that contained in the First ;-:'chedule, and shall be accom panied by the survey and advertisement fees prescribed by the Second Schedule: Provided that the Administrator in Council may permit the payment by instalments of the SUf\'C~' and all other fees. (2) On receipt of the application the Crown surveyor shall forward the same, together with his report thereon, for the consideration of the Administrator in Council. (3) If the Administrator in Council sees fit to entertain the application he shall return the same to the Crown surveyor and authorise a survey of the land to be made, or of so much of the land applied for as he may authorise to be surveyed. (4) If the Administrator in Council docs not entertain the application, the Crown surveyor shall so inform the applicant and cause to be repaid to him all sums already paid by him. (5) (a) Where the application is entertained, the Crown surveyor shall proceed to make the necessary survey and diagram of the land authorised by the Administrator in Council to be surveyed. (h) Where the Crown surveyor is unable to make the survey he may employ a surveyor to do the same for such fees as may be authorised by the Administrator in Council. (c) Where a survey made by a surveyor other than the Crown surveyor already exists, the Crown surveyor may in his absolute di"netion accept such survey for submission to the i\dminishator Iinder paragraph Gof this regulation. (6) On completion of the survey the Crown surveyor shall again submit the application, together with a copy of the diagram of survey, to the Administrator and shall report whether in his opinion the land applied for is Crown land and may be rightly sold or leased by the Crown, and that the sale or lease of the land will not cause deterioration of other Crown lands, or be otherwise prejudicial to, or interfere with the rights and interests of the Crown. (7)Wheri after final consideration of the application, the Ad :ninistrator is of opinion that he can properly, in accordance with these regulations, authorise the sale or lease of the land applied for, he shall so inform the Crown surveyor who shall thereupon notify the applicant accordingly, and of the date and place fixed by him for the sale. 8; Advertisement of application and notice of sale. (1) After the applicant has been notified as in regulation 7 (7), the Crown surveyor shall insert in three consecutive issues of the Gazette an advertisement setting out the application received and giving notice that the lands will be leased or sold at the time and place to be named in the advertisements, and further giving notice that if anyone lays claim to the said lands he must give notice to the Crown surveyor within two weeks next after the publication of the last advertisement. (2) If no notice laying claim to the lands is received, the lands shall be sold or leased to the applicant: Provided that the Crown surveyor may, if he thinks fit, postpone the sale or lease and report his reasons for so doing to the Administrator who may give him such instructions as are necessary. (3) Except in the case of a lease, each advertisement shall state whether it is the first, second or third advertisement, and the date fixed for sale shall not be less than one month after the date of the last advertisement. (4) The advertisement aforesaid may also, at the expense of the 908 CAP. 169] Crown Lands Crown Lands [CAP. 169 applicant, be inserted in such !PC1\ newspaper as the Administrator may direct. 9. Price of Crown land. (I) The purchase price or rental of Crown lands shall be such as the Administrator in Council on the recommendation of a committee appointed by him for the purpose shall determine: Provided that rental at the rate approved shall be added to the purchase price when option to purchase is exercised by a lessee. (2) The committee shall consist of the commissioner for agricultural development or a senior member of the agricultural department nominated by the commissioner for agricultural development, the Crown lands officer or such other persons as the Administrator in Council in any particular case may deem suitable, and anyone member of the agricultural advisory committee nominated by the prospective purchaser or lessee. 10. Payment. (1) Where the sale is a conveyance of the fee simple absolute the following rules shall apply (a) where the land purchased does not exceed ten acres all sums due in respect of the same shall be paid to the Crown surveyor forthwith; (b) where the land purchased exceeds ten acres, all sums due in respect of the same shall be paid to the Accountant-General within thirty days of the sale; (c) in addition to the survey and advertisement fees, and the purchase price of the land, the fees set- out in the Second Schedw.." for the grant and registration at the Crown lands office, 'due to the Attorney-General and the Crown surveyor, shall be paid by the purchaser on completion of the sale to the Accountant-General; (d) if on completion of survey the land applied for is found not to be Crown land the applicant shall forfeit the survey fee; (e) all fees, purchase money. costs and expenses under these regulations shall be paid to the Accountant-General, who shall give a receipt for the same. (2) Where Crown lands are leased the rent shall be payable at the times provided in the lease to the Accountant-General. 11. Completion of sale and issue of grant. On payment of the whole of the purchase money, and all fees, costs and expenses, the sale will be completed and a Crown grant for the fee simple absolute shall be issued either in the form set out in the Third Schedule or in the appropriate form. 12. Default in payment of purchase money. If default is made in payment of the purchase money, or in payment of any money due for expenses at the time or times prescribed by these regulations for the payment of the same respectively, the Crown surveyor may either proceed to recover the same as a debt, or with the approval of the Administrator in Council, resume possession of the land sold, and may with the permission re-sell the land so resumed in accordance with these regulations and if the amount received for such lands is in excess of the amount of purchase money and expenses, if any. unpaid, the Financial Secretary shall, on the warrant of the Administrator, pay so much of the excess as is sufficient to reimburse him for his expenses to the person in default. but if the amount realized at the sale be less than the amount owing, the person in default shall continue liable for the balance. 13. Special rules applicable to lands held by persons at sufferance and at will. No application for a Crown grant of any land held by persons at sufferance for less than twelve years or by persons who have occupied the same under leases from the Crown which have expired will be received from such persons, except in accordance with the following rules (a) the person by whom the said lands are held may apply in accordance with these regulations to the Crown surveyor for a Crown grant of such lands; (b) such application must be accompanied by (i) the lease under which the land is or has been held or evidence to the satisfaction of the Administrator of the 910 CAP. 169J Crown Lands Crown Lands [CAP. 169 ApPLICATION TO PURCHASE CROW:-l LANDS n; DOMINICA To the Crown Surveyor, Dominica. .. . ........................................................... ........... . (Reg,7) ........................................................ Purposes for which land is required . ............. .. ............................................................ hereby apply to purchase/lease subject to the conditions set out in the Crown Lands Regulations, to which I agree the Crown land described below No. of acres applied for . Particulars. description and situation of land FIRST Sell EDULE I (a) .(a) Names to be given in full contents thereof: Provided til:!t when- no lease has been made this requirement shall he dispensed with; (ii) a diagram of survey of the land ill question prepared by the Crown surveyor exhihiting the situation, extent and boundaries of the land required; (c) where there is no such diagram in existence the land must be surveyed at the expense of the holders; (d) the application may also be accompanied by any particulars which the applicant may wish to advance as grounds for his obtaining the land at a reduced rental or purchase price; (e) the Administrator may grant the application of any such person aforesaid without advertisement; U) subject to the provisions of this regulation' payment of any purchase price and fees must be made as provided in these regulations. 14. Squatters. (1) Subject to the provisions of subsection (1) of section 5 of the Crown Lands Ordinance, every squatter who has, for not less than twelve years, settled on Crown lands and has improved the same to the satisfaction of the Administrator in Council may make application for a Crown grant of the said land or any part thereof before proceedings are instituted for his ejectment. Signature of Applicant Date .. (2) If the Administrator in Council is satisfied as aforesaid such squatter shall be entitled to a Crown grant for the fee simple absolute of the said land and a Crown grant will be issued to him on payment of the purchase price determined by the Administrator in Council under these regulations. SECOND SCHEDULE FEES, COSTS AND CHARGES (Regs 7 and 10) I-under 25 acres 25-under 50 acres (3) No further fee or charges prescribed by these regulations shall be due or payable by such squatter. $2500 for the first acre plus $7.00 per acre thereafter. $193.00 for the first 25 acres plus $5.00 per acre thereafter. 50-under 100 acres... $318.00 for the first 50 acres plus $4.00 per acre thereafter. 100 acres and over $518.00 for the first 100 acres plus $3.00 pCI' acre thereafter. 912 CAP. 169] Crown Lands Crown Lands [CAP. 169 Fee for advertisement of application tor lots over 10 acres '" Fee for advertisement of application for lots of less than 10 acres $ cts. 2.00 1.00 land containing . called or well known by the name of ., .. situate in the parish of St in the said Island of Dominica being a portion of.. . and bounded as follows: . GREETING KNOW YE that WE DO by these presents for us our heirs and successors in consideration of the sum of.. . Fee for Crown Law Officer's examination of tit le before sale of land, and for preparing Crown Grant in the case of lots exceeding 10 acres 12.00 Fee for Crown Law Officer's examination of title before sale of land and for preparing Crown Grant in the case of lots less than 10 acres 5.00 Fee for services of Registrar's Clerk for engrossing certificate of title (including forms) for lots exceeding 10 acres 2.00 Fee for services of Registrar's Clerk for engrossing certificate of title (including forms) for lots of less than 10 acres 1.00 Fee for services of Crown Surveyor under regulation 7 (5}, (3) (in addition to any necessary expenses incurred by him to ascertain the correctness of the survey) as may be authorised by the Administrator, not exceeding... 10.00 Administrator. ELIZABETH II by the grace of God, of the United Kingdom of Great Britain and Northern Ireland and of Her other Realms and Territories Queen, Head of the Commonwealth and Defender of the Faith. To all to whom these present shall come DOMINICA. THIRD SCHEDULE (Reg 11) in the same manner and form as the diagram thereof by .. hereto annexed represents OR however otherwise the same may be bounded TOGETHER with all easements and appurtenances thereto TO HAVE AND TO HOLD the same piece or parcel of land and all singular the premises hereby granted with their a?purt~nances UNTO and to the USE of the said .. heirs and assigns forever AND WE DO HEREBY RESERVE TO us our heirs and successors all roads, paths, passages which the Commissioner may cause to be marked on the plan of the said lands with ful11iberty at all times to enter upon the said lands or any part thereof to search for, locate, 'survey and open for public use all or any such roads, paths, passages or tracks AND WE DO HEREBY FURTHER RESERVE TO US our heirs and successors the exclusive use of such portions of the said land as may be indicated on the plan by the Commissioner as being reserved for public purposes the same being not less than five chains on either side of the head waters of any river or stream with full liberty at all times to enter upon the said lands or any part thereof for any purpose whatsoever. AND WE DO HEREBY FURTHER RESERVE TO US our heirs and successors all minerals upon or under the said lands with full liberty at all times to search, dig for and carry away such metals and for such purpose to enter upon such lands or any part thereof. AND WE DO HEREBY FURTHER RESERVE TO US our heirs and successors all mineral oils upon or under the said lands with full liberty at all times to enter the said lands or any part therefor for the purpose of searching for winning and taking away all and any mineral oil found therein. IN TESTIMONY WHEREOF WE have caused these OUR LETTERS to be made PATENT and our public seal appointed for our said Island of Dominica to be affixed hereto. WITNESS our trusty and well beloved .................................... : Administrator of our said Island of Dominica this day of.. .in the year of Our Lord one thousand nine hundred and and in the year of OUR REIGN. sterling to us paid GRANT UNTO '" .. , . ............. heirs and assigns ALL that. certain piece of 914 CAP. 169] Crown Lauds Land Acquisition [CAP. 170 SR.O. 53/1951. No.2. Estate of Thomas Howell Vanternool Deceased (Vesting) Or(\('1' Order in Council dated the 17th day oj October. 1951. under section 17A of the Escheat Act, 1932, as amended by the Escheat (Amendmen~ Act, 1938. allocating a proportion oj the estate oj the above named deceased to A Ug1lstUS Vanterpool alld AlexarnIer Vanterpool. [Ijlh April. I952] WHEREAS by section 17A of the Escheat Act. 1932. it is enacted that the Administrator in Council may at his discretion deal with equitable and moral claims to property liable to escheat and allocate to any person duly proving to the satisfaction of the Administrator in Council his equitable or moral claim to the same such proportion or share of such property as to the Administrator in Council shall seem just but not exceeding nine-tenths thereof. AND WHEREAS it is expedient by the Administrator in Council to allocate to Augustus Vanterpool and Alexander Vanterpool the natural brothers of Thomas Howell Vanterpool, deceased. part of the real estate of the said Thomas Howell Vanterpool, deceased (which estate has escheated to the Crown). as set out and to the extent specified in the Schedule to this Order. Now THEREFORE. the Administrator in Council doth approve and hereby allocate to the said Augustus Vanterpool and Alexander Vanterpool the real estate set out in the Schedule hereto to the extent specified in the said Schedule, they having to the satisfaction of the Administrator in Council proved their moral claim to the same. SCHEDULE An undivided one-third interest in 17 acres 0 roods 10 perches of land situa.te at Trafalgar in the Island of Dominica. CHAPTER 170 LAND ACQUISITION (None) CHAPTER 171 LONG ACHE (Nom) CHAPTER 172 LONG LANE VESTING (None) ( 121 1. This Order may be cited as the John Peltz I'II'''"1''lll Order, 1!)()3. ." E,\pltl,itm , ~. Juhn I)eltz Presrnonr a pcrsoll not born ill II", /' I " 1 CItIzen of the United States of \.' ," , "011\ dIll a ( ' c 1 mcrica at pr""",d r("j Ii, tarnpbell in the parish of St PI' 'I' ,( II<,~ a '. I' , " all, In t lC ( 01, 'll\' of I )0' Ii ' .. h leI eby ordered to leave the C I' b f' I, II rc.r, f I, I" , , <. ouny on or ('01"(' th,· Lith 11;\· of. II j. l.IhJ, and thereafter to remain out of t l ' .. ',I ' I, ) ie ~dll 'i\'{\I\~. Cl ~ ,\J'TEH 16() 0:0. J CHt,\\,N L'\NDS (,\t\lEND1\JENT,\ HEC\.:LATl()\:S ;\/ ade i.. lite Administrator in Ctnnicil tinder ~,I'I"ecli(Jll (1) <{ \t'( t io n ,) II ih: CrOWIl Lauds Or.linance. I. 'II" ," I~(;gllbtiolls may be cited as t Ite Cruwn Lands (:\m('J1C'c lll"nt) 1\1'!~ll\alians, H)()3, <Inti shall be rearI as nne with l!Ic Crown Lamie; 1.'.'!~IJ1atiolls. as alll"IHI,'d (herein;,!!", !'!'lfI'd l,) ;IS \111: pI inri] .,'! !\'~~'lIations), 2. 1'", I"efilllation D of 111(' principal 1\(,i~lda!i(lns the following sllalllw'lIb,;titutc'l\ (1) The purchase I'ri f ' ( of Crown ];Illtls, or the rental to he paid in respect of SII\lI tlm\, shall 1w such an arnount, or at su.l, rate or rates, as t he Administrator in Council shall from t iur, to iim« determine u.ion .the recommendations of a cam nut tce to be known ,IS the Crown Land Valuation Committee: lrovidcd that when all option to jlnrchas(' is f>x('Tcisc,] by a 1, "~I' who has paid his r.nt, such r~nL)1,11;dl Iw ,\;-rhct,<! from il\., \'\\\c:,lase price. 'j »llfh Commit tec sh.ill consist of (a) the Agricultm;d Superintendent or a senior rnemlx-r of the Agricultural Department, nominnr.-l 1,.\' the Agticultur a) :-;1l)>f'rintcndcl1 f , \l'lIl, c.l!;d! ill.' i.l,;,iI111;\ll of the Commit tcc ; Short till Cap. 16'1, No. 1. Amendment of regu lation 9 of !,rincil'a! !{o.;gula uous. Price of Crown land. P. 169J Crown Lauds Roads [CAP. 179 ]:23 (b) the Crown Lands Off ' I Ia - ' " cer .or sue 1 at ier person or persons 5 the, Adrl11m"t~ator In Council in ;'1)\' !,;lttic\I!;1l case-may deem suitable to appoint; (c) a member of ~he AgriClJ1tlJral Advisot'V ('O!lllllit(f'{~ as may be nommated from time to t imo liv thf' ('hair ~lan o~ that Committee, to serve on the CIO\\'11 Land aluatlOn Co~nrl1ittee, in respect of any p.1rlicular area of the Colony r' f·' . ,om respect a :'I1V P;!l'Ucllbr parcel of Crown lands." ' CHAPTER 179 !.,'()i\ DS No.2 ,PROCLAMATION declaring certain roads to be public roads BY THE ADMINISTRATOR Snu utory Rules and Orders No.8 of H)62 A PROCLAMATION ALEC LOVELACE, A dminisiraior, WHEREAS 11'," paragraph (a) of subsection (3) of section It of tile Ruads Ordinauo-, hereinafter referred to as the principal Ordinanc«, it is enacted that the Administ rator, with the conS(~JJt of t lic Legislative Council, may, by Proclamation published in the GaLett.;, declare that ,II')' road not sche(~\1kd shan thencefurth he a public road: AND WIIEll)- \S it was resolved hy the Legislative Council on the ~!lth 11<Iy of ~Ltrch, }fHJ2, that thp. roads specifically mentioned in the Schedule s1Ltll henceforth by pnbl ic roads: Now TIlEF11'-OtUC, I, ALEC LOVELACE, C.M.G., M.B,E., xr.c., Adrninist ra t o: ,f t he Culony of l io miu ica , by and with t],,-: consn! of the Lq;isLt' ive Council of the !'",i,\ Colony and in exercise at the powers vested in me by the sai .., Ordinance, DO HEREBY PROCL\!:\( ANn IlECI.AHL I hat the roads mentioned as aforesaid shall be public roads wi I hin III t~ designation of paragraphs (a) and (c) of su bsect ion 2 of sectiou 2 0\ the principal Ordinance. GIVEN at lh,; Government Honse, Dominica, this 30th day of March, I%:J, and in the eleventh year of Her Majesty's Reign, GOD SAVE TIlE QUEEN!