Roseau Land Control Act (Cap. 42:03)

Act 17of 1966 Amended by 17 of 1975 Current Authorised Pages Pages Authorised (inL:lusive) byL.R.O. 1-5 1/1991 LAWS OF DOMINICA ROSEAU LAND CONTROL ACT CHAPTER 42:03 Act 17 of 1966 Amended by 17 of 1975 Current Authorised Pages Pages Authorised (inclusive) byL.R.O. 1- 5 111991 L.R.0.111991 Note on Subsidiary Legislation 2 Chap. 42:03 LAWS OF DOMINICA Roseau Land Control Note on Subsidiary Legislation This Chapter contains no Subsidiary Legislation. SECTION 1. Short title. 2. Interpretation. 3. Approval of Corporation for dealing in controlled lands. 4. Licence for development of lands. 5. Corporation to enforce provisions of this Act. 6. Offences against the Act. 7. Powers of inspection of controlled lands. 8. Power to make Regulations. 9. Assaulting workmen of the Corporation. 10. Exemption. SECTION LAWS OF DOMINICA Roseau Land Control CHAPTER 43:03 ROSEAU LAND CONTROL ACT ARRANGEMENT OF SECTIONS 1. Short title. 2. Interpretation. Chap.42:03 3. Approval of Corporation for dealing in controlled lands. 4. Licence for development of lands. 5. Corporation to enforce provisions of this Act. 6. Offences against the Act. 7. Powers of inspection of controlled lands. 8. Power to make Regulations. 9. Assaulting workmen of the Corporation. 10. Exemption. 3 L.R.0.111991 Ch.84:01. 17 of 1975. Approval of Corporation for dealing in controlled lands. [17 of 1975]. Licence for development of lands. Corporation to enforce provisions of this Act. [17 of 1975]. AN ACT to control dealings in lands around the municipal limits of Roseau which may be required for the purposes of town planning schemes. 1. This Act may be cited as the ROSEAU LAND CONTROL ACf. 2. In this Act "controlled lands" means lands within the radius oftwo miles beyond the municipal limits of Roseau, but excluding lands within the municipal limits of Roseau. "Corporation" means the Development and Planning Corporation es tablished under section 3 of the Development and Planning Corporation Act and referred to in sections 4 and 38(2) of the Town and Country Planning Act, 1975. 3. (1) No sale or transfer of controlled lands, or any dealing in any right, estate or interest in such lands, or any agreement for the same, shall be of effect in law or equity without the approval of the Corporation. (2) All applications under this section seeking the approval of the Corporation shall be made through the Minister or member of the Cabinet charged for the time being with the responsibility for the subject of lands. 4. No person shall commence to construct any building upon controlled lands, or sub-divide or otherwise develop any such lands for building purposes except under and in accordance with the terms of a licence granted for the purpose by the Central Housing and Planning Authority. s. It shall be the duty of the Corporation to ascertain whether the provisions of this Act or the terms of any licence issued thereunder are being observed, and to take such steps as the Corporation may consider necessary to see that they are observed. 4 Chap. 42:03 LAWS OF DOMINICA Roseau Land Control CHAPTER 42:03 ROSEAU LAND CONTROL ACT 17 of 1966. AN ACT to control dealings in lands around the municipal limits of Roseau which may be required for the purposes of town planning schemes. Commencement. [17th November 1966] Short title. 1. This Act may be cited as the ROSEAU LAND CONTROL ACT. Interpretation. 2. In this Act Ch.84:01. 17 of 1975. Approval of Corporation for dealing in controlled lands. [17 of 1975]. Licence for development of lands. Corporation to enforce provisions of this Act. [ 17 of 1975]. "controlled lands" means lands within the radius of two miles beyond the municipal limits of Roseau, but excluding lands within the municipal limits of Roseau. "Corporation" means the Development and Planning Corporation es tablished under section 3 of the Development and Planning Corporation Act and referred to in sections 4 and 38(2) of the Town and Country Planning Act, 1975. 3. (1) No sale or transferof controlled lands, or any dealing in any right, estate or interest in such lands, or any agreement for the same, shall be of effect in law or equity without the approval of the Corporation. (2) All applications under this section seeking the approval of the Corporation shall be made through the Minister or member of the Cabinet charged for the time being with the responsibility for the subject of lands. 4. No person shall commence to construct any building upon controlled lands, or sub-divide or otherwise develop any such lands for building purposes except under and in accordance with the terms of a licence granted for the purpose by the Central Housing and Planning Authority. S. It shall be the duty of the Corporation to ascertain whether the provisions of this Act or the terms of any licence issued thereunder are being observed, and to take such steps as the Corporation may consider necessary to see that they are observed. 6. Any person who contravenes any provision of this Act is liable Offences against on summary conviction to a fine of two thousand five hundred dollars, the Act. and in case of a continuing offence to a further fine of one hundred and twenty- five dollars for every day during which the offence is continued. 7. The Corporation shall, for the purpose of carrying out its duties ~owers. of under this Act, have power to enter (with such assistants or workmen as :~: ~dS. the Corporation may consider necessary) on all controlled lands or on [17 of 1975]. premises thereon, at all reasonable times, and to carry out thereon such examination and inquiry as may be necessary for the performance of its duties under this Act. Power to make Regulations. [17 of 1975]. (a) the form of application to be submitted for the grant of a licence under this Act; and (b) the form of such licence. (2) The form of application may require the applicant to give information with regard to the construction of any proposed building and the use to which it will be put, and the nature of the development which he intends to undertake. (3) Any applicant who fails to supply any information as may be required ofhim when submitting his application or refuses to answer or fails to answer truthfully any further question which may be addressed to him in writing on behalf of the Corporation in connection with the subject matter of his application is liable on summary conviction to a fine of two hundred and fifty dollars. 9. Any person who wilfully hinders or assaults the Corporation or Assaulting th .. rkm . th I ful . fth . d' d worlcmen of theelrasslstantsorwo enm e aw execution 0 elr utlesun er Corporation. this Act is liable on summary conviction to a rme of five hundred [17 of 1975]. dollars. 10. The Corporation may by Order declare that any controlled land Exemption. or any buildings or types of buildings thereon shall be exempt from all [17 of 1975]. or any of the provisions of this Act. LAWS OF DOMINICA Roseau Land Control Chap. 42:03 5 6. Any person who contravenes any provision of this Act is liable Offences against on summary conviction to a fine of two thousand five hundred dollars, th e AcL and in case of a continuing offence to a further fine of one hundred and twenty-five dollars for every day during which the offence is continued. 7. The Corporation shall, for the purpose of carrying out its duties ~owers of under this Act, have power to enter (with such assistants or workmen as ::O~: ~ds. the Corporation may consider necessary) on all controlled lands or on 111 of 1975]. premises thereon, at all reasonable times, and to carry out thereon such examination and inquiry as may be necessary for the performance of its duties under this Act. 8. (1) The Corporation may make Regulations prescribing ( a) the form of application to be submitted for the grant of a licence under this Act; and (b) the form of such licence. (2) The form of application may require the applicant to give information with regard to the construction of any proposed building and the use to which it will be put, and the nature of the development which he intends to undertake. (3) Any applicant who fails to supply any information as may be required of him when submitting his application or refuses to answer or fails to answer truthfully any further question which may be addressed to him in writing on behalf of the Corporation in connection with the subject matter of his application is liable on summary conviction to a fine of two hundred and fifty dollars. Power to make Regulations. (17 of 1975]. 9. Any person who wilfully hinders or assaults the Corporation or Assaulting th . . rkm . th l ful . f th . d . d worlcmen of the eirass1stantsorwo enm e aw executtono e1r uttesun er Corporation. this Act is liable on summary conviction to a fme of five hundred [17 of 1975]. dollars. 10. The Corporation may by Order declare that any controlled land Exemption. or any buildings or types of buildings thereon shall be exempt from all ll 7 of 19751 · or any of the provisions of this Act. L.R.0.1I1991