Kingston and St. Andrew Water Supply Act

KINGSTON AlVD ST. ANDREW JVATER SUPPLY THE KINGSTON AND ST. ANDRE\¥ \VATER SUPPLY ACT ARRANGEMENT OF SECTIONS 1. Short title. 2. Definition of "the Commissioners". PART I. Ferry River Supply 3. Commissioners may establish and construct clams. etc., for certain purpose and may collect, etc., water from the Ferry River and its tributaries. 4. Compensation to ovmers, etc., of land for any damage. Powers of Resident Magistrate for Kingston. 5. Part of Lands Clauses Act incorporated with this Part. PART II. Wag ·water River Supply 6. Commissioners authorizcJ to use, etc., all water from the Wag Water River. PART III. Iron, Plantain and Ginger Rivers 7. Power to Commissioners lo construct dams and other works, etc. Proviso limiting amount of water to be taken during certain months of the year. 8. Power to Commissioner to acquire lands, etc. Incorporation of Lands Clauses Act. Compensation for future damage in relation to easements. Lands, etc., acquired by Commissioners to be vested in Com• missioner of Lands. Power to Commissioner of Lands to convey superfluous lands. [The inclusion of this ~ge is authorized by L.N. 57 / 1981] 2 KINGSTON AND ST. A.NDREW WATER SUPPLY 9. Power to Commissioners to make compensation for damage for lands and water. Proviso that no compensation to be paid without proof of damage. 10. t-1inister to approve of exercise of powers. [The inclusion of t,his page is authorized bV L.N. 57(19811 KINGSTON AiVD ST. Al,WREW WATER SUPPLY THE KINGSTON AND ST. ANDREW WATER SUPPLY ACT [20th March, 1911.] Cap. 195, Act 3 26 of l980, s. 12, 1. This Act may be cited as the Kingston and Saint Short title. Andrew Water Supply Act. 2. References in this Act to "the Commi1Ssioners'' shall, subject to the provisions of the National Water Commission Act, be deemed to be references to the Commission estab lished under the National Water Commission Act and this Act shall be read and construed accordingly. PART l Ferry River Supply Definition of "the Commis sioners. 26 / l980 s. 12. 3. The Commissioners may establish and construct across commis the Ferry River at such places as they may select dams and ~~~bli~~Y such other works as thev may deem necessary for the atnd ctodn • s rue ams, purpose of obtaining additional water supply for the parishes etc., ~or f K . d S A d d h I . . certam o mgston an t. n rcw an t ey may ay out, mamtam purpose and and establish such dams, reservoirs, pipes, machinery and ~!: ~~:~t, other works as they may think fit and may take, collect, use, !From thR~ erry 1ver divert and distribute all or so much as they may from time a~d its . . . f h f h F R. d . . tributaries. to time reqmre o t e waters o t e erry 1ver an its tri butaries and may acquire such lands and easements as the site or sites of the dams, head-works and buildings in con nection with the said water supply or otherwise as they may think fit for all or any of the foregoing purposes. 4.-{l) The Commissioners shall, subject to both the compensa. provisos in this subsection, make to the owners and ~~~!~s,etc., occupiers and other parties interested in any lands com- of ladnd for any amage. pensation for damage sustained by such owners, occupiers [The inclusion of this page is authorized by L.N. 57 / 1981] 4 Powers of Resident Magistrate for Kingston. Part of Lands Clauses Act incorporated with this Part. KINGSTON AND ST. ANDREW WATER SUPPLY and other parties in respect of such lands by reason of the exercise of the powers vested in the Commissioners by this section: such compensation to be ascertained and deter mined in the manner provided by the Lands Clauses Act for determining questions of compensation with regard to land purchased or taken under the provisions thereof and for the purposes of this Act diminution in the \Yater of the Ferry River shall subject to the said provisos be deemed to be damage for which compensation may be made or assessed under the said Lands Clauses Act : Provided that no compensation shall in any case be made to any such owners, occupiers or other parties without proof by them that actual and appreciable pecuniary damage in respect of such lands has been caused to such owners, occupiers and other parties by reason of the exercise of the powers vested in the Commissioners by this Part: And provided also that no claim for compensation for damage sustained shall in any case be allowed unless the same is sued for within two years from the time when the damage complained of resulted. (2) It shall be lawful for the Resident Magistrate for Kingston to decide, subject to an appeal or a new trial, as in other cases under the Lands Clauses Act, all questions respecting such supply of water, and to give all such direc tions as may be necessary for that purpose, and to adjourn any proceedings from time to time as he may see fit for the ·purpose of having such directions carried out. 5. The Lands Clauses Act, with the exception of sections 10, 11, 15, 16, 84, 88, 104 and 105, shall be deemed to be incorporated with this Part. [The inclusion of this page is authorized by L.N. 57 / 1981] KINGSTON AND ST. ANDREW WATER SUPPLY PART II. Wag Water River Supply 6. The Commissioners may for the purposes of their c:immi d k. ak d' 11 d d' "b ssioner:s un erta mgs t e or 1vert, co ect, store, use an 1stn u te authorized all the water from the Wag Water River or so much thereof !11 ::ie~c., as they may at any time require and for the purposes afore- tt,0 m~!ter said may establish, construct and maintain at such places Ri~. as they may sele.ct dams and such other works and such machinery as they may deem necessary or proper. PART III. iron, Plantain and Ginger Rivers 5 7. The Com.missioners, may establish and construct across Power to one or more of the following rivers, that is to say the Iron ~~;e~~~ River, the Plantain River and the Ginger River at such places d~~~~ the Commissioners may select, dams and such other works other woru, as the Commissioners may deem necessary for the purpose etc. of obtaining an additional water supply for the parishes of Kingston and Saint Andrew, and the Commissioners may lay out, maintain and establish such dams, reservoirs, pipes, machinery and other works as the Commissioners may think fit and may take, collect, use, divert and distribute so much as the Commissioners may from time to time require of the waters of the said rivers and their tributaries ; Provided that the Commissioners shall not during the Provuo r 'ting months of January, February, July, August and September =unt of in any year take or divert from the said rivers any water in :: t~! ~~~8 excess of five million gallons per day. certain months of the year. 8.-( 1) The Commissioners shall have power, either Power to compulsorily or by agreement, to enter upon any lands and ~~::i:~ hereditaments and to acquire such lands and hereditaments ~-cqdsuiret mn , cc. and to acquire any rights and easements in, over, or upon such lands whether situated within or without the parishes of Kingston and Saint Andrew for any of the purposes of this Act. IThe inclusion of this page is authorized by L.N. 480/1~73] 6 Incorpora tion of Lands Clauses Act. Compensa tion for future damage in relation to easements. Lands.etc., acquired by Commi ssioners to be vested in Commi ssion~rof Lands. Power to Commi ssioner of Landa to convey superfluous lands. Power to Commis sioners to make compensa~ tion for damage for Jandsand water. KINGSTON AND ST. ANDREW WATER SUPPLY (2) Any land, hereditaments, right or easement required for any of the purposes of this Part may be acquired under the Lands Clauses Act, or any enactment passed in amendment thereof or in substitution therefor and the said Act is incorporated with this Part save and except sections 10, 11, 84, 88, 90, 91, 92, 93, 101, 103, and 104. (3) The Commissioners may in acquiring any ease ment, covenant and agree with any person from whom such easement may be acquired that the Commissioners will pay all future damage when and as such damage may from time to time be occasioned by the exercise of any of the rights conferred by this Part, and in cases where no agreement shal1 be come to as to the compensation to be paid for any ease• ment, the Commissioners shall be entitled to have such com pensation assessed on the assumption or basis that the Commissioners will enteT into the covenant or agreement hereinbefore mentioned. (4) All lands, hereditaments, rights and easements acquired by the Commissioners for the purposes of this Act shall be conveyed to or vested in the Commissioner of Lands of Jamaica. (5) Any superfluous lands not required for the pur poses of the undertaking may be sold by the Commissioners and shall be conveyed by the Commissioner of Lands to such persons and in such manner as the Commissioners may direct. 9. The Commissioners shall, subject to both the provisos in this section, make to the owners and occupiers and other parties interested in any lands compensation for damage sustained by such owners, occupiers and other parties in respect of such lands by reason of the exercise of the powers vested in the Commissioners by this Part. Such compensa tion shall be ascertained and determined in the manner pro [The inclusion of this page is authorized by L.N. 480/ 1973] KINGSTON AlVD ST. ANDREW WATER SUPPLY vided by the Lands Clauses Act, for determining the questions of compensation with regard to land purchased or taken under the provisions thereof and for the purposes of this Part diminution in the water of the rivers mentioned in section 7 shall subject to the said provisos be deemed to be damage for which compensation may be made or assessed under the said Lands Clauses Act: Provided that no compensation shall in any case be made Proviso that to any such mvners, occupiers or other parties without proof ~in~~~~n to by them that actual and appreciable pecuniary damage in !-it:~t respect of such lands has been caused to such owners, ~~~~g~~ occupiers and other parties by reason of the exercise of the powers vested in the Commissioners by this Part and provided also that no claim for compensation for damage sustained shall in any case be allowed unless such compensa tion is sued for within two years from the time when the damage complained of resulted. 10. None of the powers conferred upon the Commis- Minister to . b h d" . f h. p h 11 b approve of smners y t e prece mg sections o t 1s art s a e exercise or exercised unless and until the Minister has by order approved powers. of the exercise of all or any of such powers. [The inclusion of this page is authorized by L.N. 480/ 1973] 7