Land Acquisition (Amendment) Act, 2000 (No. 73 of 2000)

Legal Supplement Part A to the “Trinidad and Tobago Gazette’’, Vol. 39, No. 203, 20th October, 2000 Fifth Session Fifth Parliament Republic of Trinidad and Tobago REPUBLIC OF TRINIDAD AND TOBAGO Act No. 73 of 2000 [L.S.] AN ACT to amend the Land Acquisition Act, 1994 [Assented to 13th October, 2000] ENACTED by the Parliament of Trinidad and Tobago as follows:— 1. This Act may be cited as the Land Acquisition (Amendment) Act, 2000. Enactment Short title 2. In this Act, “the Act” means the Land Acquisition Act, 1994. 3. The Act is amended in section 5(4) by substituting the letter “(h)” for the letter “(j)”. 4. The Act is amended by inserting after section 5, the following section: 5A. (1) On the date of publication of the declaration under section 5(3) or on the date of the Order made under section 4(1), the Commissioner shall issue a Notice to the Registrar General setting out the name and address of the owner or claimant of the land acquired, description of the land with references to deeds, certificates of titles, plans, property address and any other details sufficient to identify the owner or claimant and the property acquired. (2) On receipt of the Notice referred to in subsection (1), the Registrar General shall— (a) if the land is unregistered land, register the notice as if it were a deed within the meaning of the Registration of Deeds Act made between the claimant and the Commissioner; or (b) if the land is registered land, enter a caveat in respect of the land. (3) A caveat entered or a Notice registered by the Registrar would forbid the registration of any disposition of the land, lease or charge. Interpretation No. 28 of 1994 Section 5 amended Insertion of section 5A “Notice to the Registrar General 990 No. 73 Land Acquisition (Amendment) 2000 (4) The Registrar shall, as soon as possible, give notice in writing of— (a) a caveat to the proprietor whose land, lease or charge is affected by it; and (b) a notice registered as provided for in subsection (1), to the proprietor of any interest in the land which is the subject matter of the declaration or Order referred to in that subsection. (5) A notice registered or a caveat entered by the Registrar under sub section (2) shall lapse— (a) on the order of a Court or Tribunal; or (b) when the acquisition of land is abandoned as provided for in section 8 or when the acquisition is deemed to have been abandoned as provided for in section 9.”. 5. The Act is amended in section 8 as follows: (a) In subsection (2) by— (i) deleting in paragraph (a), the word “and”; (ii) deleting in paragraph (b), the word “respectively.” and substituting the words “respectively; and”; and (iii) inserting the following after para graph (b): “(c) be served on the Registrar General.”; Section 8 amended No. 73 Land Acquisition (Amendment) 2000 991 (b) by inserting the following after sub section (3): “ (4) Where a declaration is made by the President under subsection (1) that the acquisition of the land or any part thereof is abandoned, the Registrar, on receipt of the declaration under subsection (2) shall cancel the registration of the notice or cancel the caveat entered or amend it as appropriate.”. 6. The Act is amended in section 9 as follows: (a) in subsection (2) by— (i) deleting in paragraph (a), the word “and”; (ii) deleting in paragraph (b), the word “respectively.” and substituting the words “respectively; and”; and (iii) inserting the following after para graph (b): “(c) be served on the Registrar General.”. (b) by inserting the following after sub section (3): “ (4) Where the acquisition of any land is deemed to have been abandoned under subsection (3), the Registrar shall cancel the caveat entered or the Notice registered in respect of such land.”. 7. The Act is amended in section 22 by deleting subsections (8), (9), (10) and (11). Section 9 amended Section 22 amended 992 No. 73 Land Acquisition (Amendment) 2000 8. The Act is amended by inserting after PART V, the following Part: “PART VA 37A. Notwithstanding any other written law, lands acquired under this Act shall be subject to the Real Property Ordinance if such lands are not already subject to that Ordinance. 37B. Where land is acquired under this Act, the acquiring authority shall make an application to the Registrar General for registering the land acquired in the name of the Authority with— (a) a map or plan of the land acquired certified by a Trinidad and Tobago Land Surveyor and approved by the Director of Surveys; (b) a copy of the Gazette in which the Notice referred to in section 3(1) is published; and (c) the prescribed fees and any other document relevant for the registration. 37C. Upon receipt of the application, the Registrar General shall, if the application is in due form, register the land in the name of the acquiring authority in the “State Lands and Leases” part of the Register and issue a Certificate of Title under the Real Property Ordinance. Land acquired to be subject to the Real Property Ordinance Ch. 27. No. 10 Insertion of PART VA Registration of lands acquired Duty of the Registrar No. 73 Land Acquisition (Amendment) 2000 993 37D. For the purpose of this Part, “acquiring authority” means the Commissioner, Municipal or Public Authority, or the Tobago House of Assembly.”. Passed in the House of Representatives this 2nd day of October, 2000. D. DOLLY Acting Clerk of the House Passed in the Senate this 5th day of October, 2000. N. COX Clerk of the Senate “Meaning of acquiring authority 994 No. 73 Land Acquisition (Amendment) 2000 PRINTED BY THE GOVERNMENT PRINTER, PORT-OF-SPAIN REPUBLIC OF TRINIDAD AND TOBAGO—2000