Land Acquisition Act Chapter 5.04

SAINT LUCIA CHAPTER 5.04 LAND ACQUISITION ACT Revised Edition Showing the law as at 31 December 2008 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Act. This edition contains a consolidation of the following laws— LAND ACQUISITION ACT Act 12 of 1945.. in force 1 March 1946 Amended by Act 11 of 2000.. in force 12 August 2000 Laws of Saint Lucia Land Acquisition Act Cap.5.04 3 Revision Date: 31 Dec 2008 CHAPTER 5.04 LAND ACQUISITION ACT ARRANGEMENT OF SECTIONS Section 1. Short title .............................................................................................................. 5 2. Interpretation ........................................................................................................ 5 3. Acquisition of land ................................................................................................ 6 4. Preliminary notification and power to enter land .................................................. 6 5. Power to apply land to purposes of acquisition without waiting for formal vesting ................................................................................................................. 7 6. Authorised officer to treat with landowner ............................................................ 8 7. Boundaries of land and issue of notice of acquisition .......................................... 8 8. Authorised officer may require information as to interest in land.........................10 9. Claim of person interested to have land acquired or abandoned ........................10 10. Abandonment of acquisition ................................................................................10 11. Determination of questions by Board of Assessment ..........................................11 12. Appointment of Board of Assessment .................................................................11 13. Documents to be forwarded to the Board ...........................................................12 14. Inquiry by Board ..................................................................................................13 15. Procedure at inquiry ............................................................................................13 16. Power of entry for purpose of inquiry ..................................................................13 17. Award of Board ...................................................................................................14 18. Procedure where claim for compensation does not exceed certain amounts ..............................................................................................................14 19. Rules for assessment of compensation ..............................................................15 20. Special rule as to severance ...............................................................................17 21. Interest ................................................................................................................17 22. Rules as to costs .................................................................................................17 23. Absentee owners ................................................................................................18 24. Compensation to persons interested in adjacent land ........................................19 25. Special provisions as to leases ...........................................................................19 26. Persons in possession to be deemed owners .....................................................20 27. Fees and expenses of Board ..............................................................................20 28. Conveyancing, etc., cost to be paid by authorised officer ...................................21 29. Payment of compensation, etc., ..........................................................................21 30. Exemption from stamp duty and fees ..................................................................21 31. Limitation of time for making claims ....................................................................21 32. Assaulting or obstructing officer ..........................................................................21 Laws of Saint Lucia Land Acquisition Act Cap.5.04 5 Revision Date: 31 Dec 2008 CHAPTER 5.04 LAND ACQUISITION ACT (Acts 12 of 1945 and 11 of 2000) AN ACT to authorise the acquisition of land for public purposes. Commencement [1 March 1946] 1. SHORT TITLE This Act may be cited as the Land Acquisition Act. 2. INTERPRETATION (1) In this Act, unless the context otherwise requires— “authorised officer” means any person who may be appointed as such by the Governor General for the purposes of this Act; “land” includes messuages, tenements and hereditaments, corporeal or incorporeal, and immovable property of every tenure or description, whatever may be the estate or interest therein; “person interested” means every person claiming, or entitled to claim, compensation under this Act. However, a tenant by the month or at will is not a person interested for the purposes of this Act. (2) For the avoidance of doubt it is hereby declared that the expression “public purpose” in this Act shall include the purpose of fulfilling any obligation of the Government, or of Her Majesty’s Government in the United Kingdom, under any treaty or agreement made by the Government or by Her Majesty’s Government, as the case may be, with the Government of any other country, territory or place, and any purpose pertaining or ancillary thereto. 6 Cap.5.04 Land Acquisition Act Laws of Saint Lucia Revision Date: 31 Dec 2008 3. ACQUISITION OF LAND (1) If the Governor General considers that any land should be acquired for a public purpose he or she may cause a declaration to that effect to be made in the manner provided by this section and the declaration shall be conclusive evidence that the land to which it relates is required for a public purpose. (2) Every declaration shall be published in 2 ordinary issues of the Gazette and copies thereof shall be posted on one of the buildings (if any) on the land or exhibited at suitable places in the locality in which the land is situate, and in the declaration shall be specified the following particulars in relation to the land which is to be acquired— (a) the parish or district in which the land is situate; (b) a description of the land, giving the approximate area and such other particulars as are necessary to identify the land; (c) in cases where a plan has been prepared, the place where, and the time when, a plan of the land can be inspected; (d) the public purpose for which the land is required. (3) Upon the second publication of the declaration in the Gazette as aforesaid the land shall vest absolutely in the Crown. (4) This section does not prevent the acquisition of lands for public purposes by private treaty. 4. PRELIMINARY NOTIFICATION AND POWER TO ENTER LAND If it appears to the Governor General that any land is likely to be required for any purpose which, in the opinion of the Governor General, is a public purpose and it is necessary to make a preliminary survey or other investigation of the land, he or she may cause a notification to that effect to be published in the Gazette and thereupon it shall be lawful for the authorised officer (and his or her agents, assistants and workmen) to do all or any of the following things, that is to say— (a) to enter upon and survey and take levels of any land in any locality to which the notification relates; (b) to dig or bore into the subsoil of such land; Laws of Saint Lucia Land Acquisition Act Cap.5.04 7 Revision Date: 31 Dec 2008 (c) to do all other acts necessary to ascertain whether the land is adapted to such purpose; (d) to set out the boundaries of the land intended to be taken, and the intended line of work, if any, proposed to be done thereon; (e) to mark levels and lines by placing marks and cutting trenches; (f) where otherwise the survey cannot be completed, the levels taken or the boundaries or line of the work set out, to cut down and clear away any standing crop, fence, tree or bush; (g) to do all such other acts as may be incidental to or necessary for any of the purposes aforesaid. However, the authorised officer shall not enter into any building, or into or upon any enclosed yard, court, or garden attached to a dwelling house, except at all reasonable hours and, except with the consent of the occupier thereof, without previously giving to such occupier at least 7 days notice in writing of his or her intention to do so. Further, compensation shall be assessed and paid to the persons interested in the land so entered for any actual damage or injury resulting to them by reason of the exercise of the powers conferred by this section— (i) in so far as it relates to land the acquisition of which is subsequently deemed to be abandoned under section 9 or abandoned under section 10, as though it were compensation payable under this Act for the acquisition of the land, (ii) in so far as it relates to land the compulsory acquisition of which is subsequently completed under section 3, as though it were part of the compensation for the acquisition of the land. 5. POWER TO APPLY LAND TO PURPOSES OF ACQUISITION WITHOUT WAITING FOR FORMAL VESTING If, at any time after the publication of a notification in accordance with the provisions of section 4, it appears to the Governor General 8 Cap.5.04 Land Acquisition Act Laws of Saint Lucia Revision Date: 31 Dec 2008 that the land or some parcel of the land to which it refers should be acquired but that for any reason it is not possible to make an immediate declaration to that effect, it is lawful for the Governor General to direct the authorised officer to do any work on the land or parcel thereof connected with the use to which the land is intended to be put on its acquisition, and thereupon the authorised officer may proceed with the execution of the work. However, compensation shall be paid to the persons interested for any actual damage or injury resulting to them by reason of the exercise of the power conferred by this section and shall be determined in the same way as compensation for actual damage or injury resulting from the exercise of the powers conferred by section 4. 6. AUTHORISED OFFICER TO TREAT WITH LANDOWNER (1) As soon as any declaration has been published in accordance with the provisions of section 3, the authorised officer shall, without delay, enter into negotiations (or further negotiations) for the purchase of the land to which the declaration relates upon reasonable terms and conditions, and by voluntary agreement with the owner of the land. (2) It is not necessary for the authorised officer to await the publication of the declaration before he or she endeavours to ascertain from the owner the terms and conditions on which he or she is willing to sell his or her land, but no negotiations or agreement is considered to be concluded unless and until the conditions of sale and acquisition have been approved in writing by the Governor General. 7. BOUNDARIES OF LAND AND ISSUE OF NOTICE OF ACQUISITION (1) As soon as may be after any land is acquired compulsorily, the authorised officer shall, if the boundaries of the land have not been set out or if they cannot be identified by reference to any plan, cause the same to be set out, and he or she shall also issue a notice of acquisition in accordance with the provisions of this section. (2) Every notice of acquisition under this section shall— Laws of Saint Lucia Land Acquisition Act Cap.5.04 9 Revision Date: 31 Dec 2008 (a) state the decision of the Governor General to acquire and take possession of the land compulsorily; (b) contain the particulars which, in relation to the land, were included in the declaration provided for by section 3(2); and (c) require all persons interested, as soon as is reasonably practicable, either— (i) to appear personally or by attorney or agent before the authorised officer to state the nature of their respective interests in the land and the amounts and full particulars of their claims to compensation in respect of those interests, distinguishing the amounts under separate heads and showing how the amount claimed under each head is calculated, or (ii) to render to the authorised officer a statement in writing, signed by them or by their attorneys or agents, setting out the like matters. (3) The authorised officer shall cause a copy of the notice of acquisition to be served, either personally on, or by post addressed to the last known place of abode or business of, every person who is known or believed by the authorised officer to be entitled to compensation in respect of the acquisition, and whose whereabouts are known to the authorised officer. However, where the whereabouts of any such person are not known, the authorised officer shall cause copies of such notice to be posted on one of the buildings (if any) on the land or exhibited at suitable places in the locality in which the land is situate. (4) Any person who, without lawful authority or excuse, removes or destroys any landmark placed, or removes or defaces or destroys any notice posted or exhibited, by the authorised officer in or upon the land or any building thereon in accordance with the provisions of this Act, is liable, on summary conviction, to a fine not exceeding $96 or to imprisonment for a term not exceeding 3 months. 10 Cap.5.04 Land Acquisition Act Laws of Saint Lucia Revision Date: 31 Dec 2008 8. AUTHORISED OFFICER MAY REQUIRE INFORMATION AS TO INTEREST IN LAND (1) The authorised officer may, by notice served personally, or by post addressed to the last known place of abode or business of the person concerned, require the owner or occupier of, or any person interested in, any land, or in any part thereof, in respect of which a declaration or a notification has been published in the Gazette under section 3 or section 4 respectively, to deliver to him or her within a time to be specified in the notice, being not less than 21 days after service of the notice, a statement in writing containing, so far as may be within his or her own knowledge, the name of every person possessing any interest in the land, or any part thereof, whether as partner, mortgagee, lessee, tenant or otherwise, and the nature of such interest. (2) Every person who is required to make and deliver a statement under this section and who, without reasonable excuse, refuses to make or deliver such statement, or wilfully makes any such statement which is false or incomplete in any material particular, is liable, on summary conviction, to a fine not exceeding $96 or to imprisonment for a term not exceeding 3 months. 9. CLAIM OF PERSON INTERESTED TO HAVE LAND ACQUIRED OR ABANDONED If, within 3 months after entry has been made on any land under the provisions of section 4, such land shall not be acquired or abandoned, any person interested in the land or any part thereof may serve a notice on the authorised officer requiring that the acquisition of the land or part thereof be completed or abandoned, and, if within one month thereafter, the acquisition of such land or part thereof be not completed or abandoned in accordance with the provisions of this Act, the acquisition of the land or part thereof is deemed to be abandoned. 10. ABANDONMENT OF ACQUISITION (1) At any time before any land has been acquired compulsorily the Governor General may, by notification published in the Gazette, declare that the intended acquisition of such land is abandoned. Laws of Saint Lucia Land Acquisition Act Cap.5.04 11 Revision Date: 31 Dec 2008 (2) When the acquisition of any land is abandoned in accordance with the provisions of this section, or is deemed to be abandoned under section 9, any compensation payable by virtue of this Act shall, in default of agreement, be assessed as though it was compensation payable under this Act for the acquisition of land. (3) Compensation shall not be payable in any case for loss of bargain or for damages for breach of contract. Appointment and Powers of Board of Assessment 11. DETERMINATION OF QUESTIONS BY BOARD OF ASSESSMENT (1) All questions and claims relating to the payment of compensation under this Act and to the apportionment of such compensation shall, save as is hereinafter provided, be submitted to a Board of Assessment to be appointed in each case in accordance with the provisions of section 12. (2) A Board of Assessment shall have full power to assess, award and apportion compensation in such cases, in accordance with the provisions of this Act. 12. APPOINTMENT OF BOARD OF ASSESSMENT (1) As soon as it becomes necessary to do so the Governor General shall cause a Board of Assessment to be appointed. (2) A Board for the purposes of this Act shall in every case be constituted of— (a) a chairperson who shall be— (i) a barrister who has been admitted to practice before the High Court for a period of at least 10 years, and (ii) nominated by the Chief Justice; (b) a member who is not a public officer and who shall be qualified in property valuation and appointed by the Governor General; (c) a member to be nominated by the owner of the land to be acquired; and 12 Cap.5.04 Land Acquisition Act Laws of Saint Lucia Revision Date: 31 Dec 2008 (d) a member who shall be nominated by the Minister responsible for planning. (Amended by Act 11 of 2000) However, where in any case the Governor General is satisfied that the owner of the land has refused to exercise his or her right to nominate a member of the Board or has unreasonably delayed such nomination, or where the persons interested in the land have failed to agree upon such nomination, the Governor General, by order in writing, may direct the chairperson, to proceed with the inquiry although there has been no such nomination by the owner, and in every such case the Board is considered to be lawfully constituted without the presence of such member, and, if there is any difference of opinion as to the amount of compensation that should be awarded, the decision of the chairperson is considered the decision of the Board. 13. DOCUMENTS TO BE FORWARDED TO THE BOARD (1) Upon the appointment of a Board, or where proceedings are taken before a magistrate for the determination of any question relating to the payment of compensation, the authorised officer shall forward to the chairperson, or to the magistrate, as the case may be, those of the following documents and particulars which relate to the acquisition or the intended acquisition of the land, as the case may be— (a) a copy of any notification and declaration which has been published in the Gazette; (b) a copy of the notice of acquisition; (c) a copy of any notice issued or received by him or her; (d) a copy of all statements received by him or her in compliance with any notice issued by him or her; (e) the names and addresses of the persons who the authorised officer has reason to believe are interested in the land; and (f) a copy of the report required by this section. (2) The report to be sent to the Board shall state the opinion of the authorised officer, and his or her reasons for such opinion, upon each of the following matters— Laws of Saint Lucia Land Acquisition Act Cap.5.04 13 Revision Date: 31 Dec 2008 (a) what is a fair and proper description of the land acquired, including particulars of any building, trees or standing crops thereon; (b) the approximate acreage of the land; (c) the value of the land, for the purposes of compensation under this Act; (d) the amount of provisional compensation which should be paid for the land, including any damage payable in respect of entry into possession; (e) the apportionment of the provisional compensation among the persons interested in the land, in respect of their interests. (3) The authorised officer, in assessing the amount of any compensation for the purpose of a report under this section, shall have regard to the rules prescribed by this Act which may and may not be taken into consideration in assessing compensation. 14. INQUIRY BY BOARD Where a Board is appointed under this Act, it shall hold an inquiry at a place, date and time to be fixed by the chairperson, of which not less than 14 clear days notice shall be given to the parties concerned, and every such inquiry shall be conducted in public. 15. PROCEDURE AT INQUIRY The procedure at an inquiry before a Board, the summoning and remuneration of witnesses for attendance thereat, and all questions incidental to the inquiry shall be governed by the provisions of the laws relating to civil proceedings in the High Court. However, in the case of any doubt arising on any question of practice and procedure the same may be settled by the chairperson. 16. POWER OF ENTRY FOR PURPOSE OF INQUIRY The Board, or any person authorised by it, may at any time before, during or after an inquiry under this Act, enter upon and inspect any land for any purpose connected with such inquiry. 14 Cap.5.04 Land Acquisition Act Laws of Saint Lucia Revision Date: 31 Dec 2008 17. AWARD OF BOARD (1) At the conclusion of the inquiry the Board shall decide upon the claims for compensation and apportionments submitted to them and shall make an award under the hand of the chairperson who shall cause the same to be filed in the High Court. (2) The decision of the majority of the members of the Board with respect to the compensation to be paid is considered to be the decision of the Board, and, if all the members of the Board differ, the mean between the amount decided upon by the chairperson and that one of the amounts decided upon by the 2 other members of the Board which approximates most nearly to the amount decided upon by the chairperson is considered to be the compensation awarded by the Board. (3) An appeal shall lie against the decision of the Board and for the purposes of such appeal the decision of the Board shall be deemed to be a final judgment or decision of a judge of the High Court sitting as a court of first instance. Determination of Small Claims for Compensation 18. PROCEDURE WHERE CLAIM FOR COMPENSATION DOES NOT EXCEED CERTAIN AMOUNTS (1) Despite anything in any Act to the contrary, in any case in which the compensation claimed does not exceed $240, and in any case in which the compensation claimed does not exceed $480 and, in the latter case, the parties agree in writing to the settlement of the claim by a magistrate, the amount of the compensation to be paid in any such case shall be determined by a magistrate. (2) It is lawful for any magistrate upon the application of either party with respect to any question of disputed compensation in either of the cases mentioned in the preceding subsection, to summon the other party to appear before him or her at a time and place to be named in such summons and to hear and determine such question of disputed compensation. (3) For the purposes of any proceeding under this section— (a) the procedure to be followed thereat, the summoning and remuneration of witnesses and all questions incidental to Laws of Saint Lucia Land Acquisition Act Cap.5.04 15 Revision Date: 31 Dec 2008 such proceedings shall be governed by any law in Saint Lucia relating to the recovery of claims before a magistrate and all the provisions of any such law shall apply with the necessary modifications to any such proceeding; and (b) the provisions of sections 16, 19, 20, 21, 22 and 25 apply with such verbal alteration (not affecting the substance) as may be necessary to make the same applicable. (4) An appeal shall lie against the determination by a magistrate of any question of disputed compensation under this section in like manner as if such determination was given in the exercise of the summary jurisdiction of a magistrate in a civil matter under the provisions of the Code of Civil Procedure and for the purposes of such appeal the determination of the magistrate under this section is considered to be a final judgment or order of the magistrate within the meaning of article 909 of the said Code. Provisions Governing Assessment of Compensation, etc 19. RULES FOR ASSESSMENT OF COMPENSATION Subject to the provisions of this Act the following rules shall apply to the assessment and award of compensation by a Board for the compulsory acquisition of land— (a) the value of the land shall, subject as hereinafter provided, be taken to be the amount which the land, in its condition at the time of acquisition, if sold in the open market by a willing seller, might have been expected to have realized at a date 12 months prior to the date of the second publication in the Gazette of the declaration under section 3. However, this rule shall not affect the assessment of compensation for any damage sustained by the person interested by reason of severance, or by reason of the acquisition injuriously affecting his or her other property or his or her earnings, or for disturbance, or any other matter not directly based on the value of the land; (b) the special suitability or adaptability of the land for any purpose shall not be taken into account if that purpose is a 16 Cap.5.04 Land Acquisition Act Laws of Saint Lucia Revision Date: 31 Dec 2008 purpose to which the land could be applied only in pursuance of statutory powers not already granted, or for which there is no market apart from the special needs of a particular purchaser or the requirements of any Government department; (c) where the value of the land is increased by reason of the use thereof or of any premises thereon in a manner which could be restrained by any court, or is contrary to law, or is detrimental to the health of the inmates of the premises or to public health, the amount of that increase shall not be taken into account; (d) where land is, and but for the compulsory acquisition would continue to be, devoted to a purpose of such a nature that there is no general demand or market for land for that purpose, the compensation may, if the Board is satisfied that reinstatement in some other place is bona fide intended, be assessed on the basis of the reasonable cost of equivalent reinstatement; (e) allowance shall not be made on account of— (i) the acquisition being compulsory or the degree of urgency or necessity which has led to the acquisition, (ii) any disinclination of the person interested to part with the land acquired, (iii) any damage sustained by the person interested which, if caused by a private person, would not render such person liable to an action, (iv) any damage, not being in the nature of deprivation of or interference with an easement, servitude or legal right, which, after the time of awarding compensation, is likely to be caused by or in consequence of the use to which the land acquired will be put; however, nothing herein shall prejudice any claim under this Act for damage subsequently sustained in consequence of the use to which the land acquired is put, (v) any increase to the value of the land acquired likely to accrue from the use to which the land acquired will be put, Laws of Saint Lucia Land Acquisition Act Cap.5.04 17 Revision Date: 31 Dec 2008 (vi) any outlay or improvement of such land which shall have been made, commenced or effected within 12 months before the publication of the declaration under section 3, with the intention of enhancing the compensation to be awarded therefor in the event of such land being acquired for public purposes. 20. SPECIAL RULE AS TO SEVERANCE As to severance, compensation may be assessed on the footing that any specified works, crossings, or access agreed to on behalf of the Governor General shall be erected, provided, and allowed, and such agreement shall be reduced into writing and be signed by the chairperson and shall be valid and effectual and binding on the parties. 21. INTEREST The Board, in awarding compensation may add thereto interest at the rate of 6% per year calculated from the date upon which the authorised officer entered into possession of the land acquired until the date of the payment of the compensation awarded by the Board. 22. RULES AS TO COSTS (1) The authorised officer shall pay to the claimant the reasonable costs incurred by him or her in or about the preparation and submission of his or her claim, unless the chairperson considers that the claimant has failed to put forward a proper claim within a reasonable time after the service of the notice under section 7 or that the claim put forward is grossly excessive or that he or she has been a party to some deceit or fraud in respect of his or her claim. (2) Subject to the provisions of subsection (1), where an unconditional offer in writing of any amount as compensation has been made to any claimant by or on behalf of the authorised officer and the sum awarded as compensation does not exceed the amount offered, the chairperson shall, unless for special reasons he or she thinks it proper not to do so, order the claimant to bear his or her own costs and to pay the costs of the 18 Cap.5.04 Land Acquisition Act Laws of Saint Lucia Revision Date: 31 Dec 2008 authorised officer so far as the costs of the authorised officer were incurred after the offer was made; and, where the claimant has failed to put forward a proper claim in sufficient time to enable the authorised officer to make a proper offer, the foregoing provisions of this section shall apply as if an unconditional offer had been made by or on behalf of the authorised officer at the time when, in the opinion of the Board, a proper claim should have been put forward and the claimant had been awarded a sum not exceeding the amount of such offer. (3) Subject to the provision of subsection (1), where a claimant has made an unconditional offer in writing to accept any amount as compensation and has put forward a proper claim in sufficient time to enable the authorised officer to make a proper offer, and the sum awarded is equal to or exceeds that amount, the chairperson shall, unless for special reasons he or she thinks it proper not to do so, order the authorised officer to bear his or her own costs and to pay the costs of the claimant so far as the costs of the claimant were incurred after the offer was made. (4) Subject to the preceding provisions of this section, the costs shall be in the discretion of the chairperson who may direct to and by whom and in what manner those costs or any part thereof shall be paid, and he or she may in any case direct such costs to be taxed by the Registrar of the High Court. (5) The mode of enforcing any order as to costs shall be in the manner prescribed by the practice of the High Court. (6) Where the chairperson order the claimant to pay the costs or any part of the costs of the authorised officer, the authorised officer may deduct the amount so payable by the claimant from the amount of any compensation which may be payable to him or her. Miscellaneous 23. ABSENTEE OWNERS (1) Where there is no person competent to alienate land or to receive or to give a sufficient discharge for any compensation awarded, or where any person interested in land, by reason of his or her absence from Saint Lucia and of his or her not being Laws of Saint Lucia Land Acquisition Act Cap.5.04 19 Revision Date: 31 Dec 2008 represented therein by a duly authorised attorney, does not submit a statement to or appear before the authorised officer as required by section 7, and where such person after diligent inquiry, cannot be found, the authorised officer shall pay the compensation into the High Court to the credit of the person entitled. (3) All monies paid into the High Court under by virtue of this section may, on the subsequent application of any person claiming to be entitled thereto, be paid out to such person on the order of a judge of the Court. (3) All moneys paid into the High Court under the provisions of this section which remain unclaimed for 12 years after such payment shall be transferred and paid into the Treasury of Saint Lucia as Casual Revenue of the Crown and all legal claims thereto shall be for ever barred. 24. COMPENSATION TO PERSONS INTERESTED IN ADJACENT LAND A person interested in any land which, without any portion thereof being compulsorily acquired, has been injuriously affected by the erection or construction on land compulsorily acquired of any works in respect of which the land was acquired, shall be entitled to compensation in respect of such injurious affection. However, compensation shall not be payable under this section in respect of any injurious affection which, if caused by a private person, would not render such person liable to an action. 25. SPECIAL PROVISIONS AS TO LEASES (1) If any land is comprised in a lease for a term of years unexpired and part only of such land shall be acquired compulsorily, the rent payable in respect of the land comprised in such lease may, on the application of the lessor or the lessee to a judge of the High Court, be apportioned between the land acquired and the residue of the land. (2) After such apportionment the lessee shall, as to all future accruing rent, be liable to pay only so much of the rent as shall be so apportioned in respect of the residue of the land, and as to 20 Cap.5.04 Land Acquisition Act Laws of Saint Lucia Revision Date: 31 Dec 2008 the residue of the land, and as against the lessee, the lessor shall have all the same rights and remedies for the recovery of such portion of the rent as previously to such apportionment he or she had for the recovery of the whole rent reserved by such lease, and all the covenants, conditions, and agreements of such lease, except as to the amount of rent to be paid, shall remain in force with regard to the residue of the land in the same manner as they would have done in case the residue of the land only had been included in the lease. (3) Where it is shown that the compulsory acquisition of a portion of land comprised in a lease has rendered the residue unsuitable for the purpose for which the land was leased or where in the circumstances the judge considers it just so to do the judge may rescind the lease altogether; and in such case the lessee shall only be liable to pay the rent due at the date of the occurrence of the circumstance on which the rescission order is based. (4) Where as the result of such rescission of lease the lessor or lessee suffers any loss or injury he or she shall be entitled to compensation as hereinbefore provided in this Act. 26. PERSONS IN POSSESSION TO BE DEEMED OWNERS Where any question shall arise touching the title of any person to any land which may be entered upon or acquired for the purposes of this Act, or touching any estate or interest therein, the person having the ostensible possession or enjoyment of the rents and profits of such land, for the purposes of this Act, is considered to be the owner of the same until the contrary is proved. 27. FEES AND EXPENSES OF BOARD (1) Every assessor shall receive for his or her services such fee as the Governor General, on the recommendation of the chairperson, may direct. (2) The Governor General may also authorise the reimbursement of the travelling and subsistence expenses incurred by the chairperson and members of a Board appointed under this Act. Laws of Saint Lucia Land Acquisition Act Cap.5.04 21 Revision Date: 31 Dec 2008 28. CONVEYANCING, ETC., COST TO BE PAID BY AUTHORISED OFFICER All reasonable costs, charges, and expenses incurred by the owners of the land or persons interested therein for all conveyances and assurances of any lands purchased or acquired, and of any outstanding terms of interest therein and of deducing, evidencing and producing title to such lands, terms and interest, and of making out such abstracts and attested copies as the authorised officer may require, shall be paid by the authorised officer. 29. PAYMENT OF COMPENSATION, ETC., All amounts which have been awarded by way of compensation under this Act, including interest and costs to be paid by the authorised officer, and all other costs, charges and expenses which shall be incurred under the authority of this Act, shall be paid out of the Treasury of Saint Lucia on the warrant of the Governor General. 30. EXEMPTION FROM STAMP DUTY AND FEES Despite anything in any Act to the contrary, an instrument or document relating to anything lawfully done under, or for the purposes of this Act, is not chargeable with any stamp duty, registration or recording fee. 31. LIMITATION OF TIME FOR MAKING CLAIMS Except with the approval of the Governor General in any case in which he or she considers that injustice may otherwise be done, a claim for compensation which may be made under the provisions of this Act shall not be admitted or entertained unless the same shall be made within 12 months after the date on which entry has been made on the land under section 4 or, if a declaration has been made under section 3, within a similar period after the date of the second publication of such declaration. 32. ASSAULTING OR OBSTRUCTING OFFICER Any person who— 22 Cap.5.04 Land Acquisition Act Laws of Saint Lucia Revision Date: 31 Dec 2008 (a) assaults or obstructs or aids and abets any person in assaulting or obstructing the authorised officer or any of his or her agents, assistants, or workmen in the execution of his or her or their duty under this Act; or (b) opposes or impedes the lawful occupation or taking of possession of any land under the provisions of this Act, is liable, on summary conviction, to a fine not exceeding $240 or to imprisonment, with or without hard labour for a term not exceeding 3 months.