Land Reserves (Other Than Indian and Carib Reserves) Regulations

CHAPTER 191 LAND RESERVES (OTHER THAN INDIAN AND CARIB RESERVES) REGULATIONS ARRANGEMENT OF REGULATIONS 1. Short title. 2. Declaration of Reserves. 3. Application of Regulations. 4. Occupation of Reserve. 5. Occupancy fees. 6. Year’s end. 7. Demarcation of land. 8. Permit to be produced. 9. Unlawful occupancy. 10. Boundary disputes. 11. Boundaries to be marked. 12. Boundary lines. 13. Disposal of land. 14. Withdrawal of permit. CHAPTER 191 LAND RESERVES (OTHER THAN INDIAN AND CARIB RESERVES) REGULATIONS (Sections 23 and 39(2)) 1. These Regulations may be cited as the Land Reserves (Other Than Indian and Carib Reserves) Regulations. 2. All the lands set out in the first column of the Schedule hereto are hereby declared to be Reserves for the use and occupation of any person resident in Belize, for farming and residential purposes. Such Reserves shall be shown coloured red on plans kept in the office of the Commissioner of Lands and Surveys, Belmopan. Copies of such plans shall be open to inspection free of charge at any time during office hours. 3. These Regulations shall apply to all Reserves enumerated in the Schedule hereto and to any Reserve added thereto by virtue of an Order made by the Minister. 4. So long as sufficient land is available any person who wishes to occupy land in any Reserve contained in the Schedule hereto, for the purpose of growing annual crops may do so and may build a house thereon, subject to the issue of a written permit by the Commissioner of Lands and Surveys or the person designated by him: Provided that no person shall occupy more land for cultivation under one permit than the maximum area set forth in the Schedule hereto: Provided also that, subject to the issue of a permit as aforesaid, any person, whether he is already in occupation of land for cultivation or not, may on payment of the occupancy fee, the amount of which is set forth in the Schedule hereto, occupy in any of the Reserves set forth in the Schedule hereto, except Consejo, Naranjal and Mullins River, a lot for habitation not exceeding one-quarter acre in extent. 5. Occupancy fees the amount of which shall be as set forth in the Schedule hereto shall be payable on or before the 2nd January of each year to the Commissioner of Lands and Surveys or to the person designated by him and shall be recoverable in accordance with the provisions of any law in force governing the collection of Crown rents. Any occupier who fails to pay his fee on or before the appointed day may be dealt with in accordance with regulation 9 of these Regulations. 6. Each year shall be deemed to end on the 31st December thereof. 7. Any person having a permit shall clearly demarcate the land he wishes to occupy by running a line round it and marking the four corners with stakes within one week of the date of the permit. 8. The permit shall be produced by the occupier on demand for the inspection of any officer of the Survey and Lands Department or the Forestry Department or of any police officer. 9. The Commissioner of Lands and Surveys or the person designated by him shall have power to refuse a permit to any person to occupy land in any Reserve, and may, subject to the provisions of regulation 14 of these Regulations, withdraw any permission which may have been given. If any person, after such refusal or withdrawal, persists in occupying land, he may be prosecuted for unlawful occupancy in accordance with section 31 of the National Lands Act: Provided, however, that any person who may have erected any house, building or fixture on any part of the Reserve, shall upon revocation of his permit be allowed a period of thirty days within which to remove the same. 10. Any dispute between occupiers as to the boundaries of their holdings shall be decided by the Commissioner of Lands and Surveys or the person designated by him or by an officer appointed by either for the purpose whose decision shall be final and binding on the disputants. 11. The boundaries of each Reserve shall be marked on the ground by the Survey and Lands Department and shall be kept open at all times by the occupiers of that Reserve as a whole. 12. When clearing land which is adjacent to a boundary line, occupiers shall leave uncleared a strip of land six feet in width between the clearing and the boundary line. 13. The Government reserves the right to sell, lease, grant licences over, or in any other way deal with any Crown land within any Reserve which is not occupied at the time when such right is exercised. No compensation shall be payable to any person in respect of the exercise of this right. 14. (1) The Commissioner of Lands and Surveys may, without being liable for any compensation whatsoever, withdraw any permission that may have been granted to any person to occupy land within any Reserve if such person (a) fails properly to demarcate his holding within one week of the date of the permit; (b) fails in any year to pay the prescribed occupancy fee on or before the second day of January; (c) fails to enter into possession of the land allotted to him within three months of the issue of the permit, or to clear or cultivate a reasonable area of the land; (d) fails to keep the land allotted to him in a reasonable state of cultivation; (e) cultivates or interferes in any manner with any land within any Reserve other than the land allotted to him, or refuses to accept any decision made in accordance with regulation 10 above; (f) fails or neglects when required so to do, to comply with any law for the control of insect pests or plant disease; (g) is convicted in a court of law of any offence involving fraud or dishonesty, and whose conduct is, in the opinion of the magistrate by whom he was convicted detrimental to the peace, good order or welfare of any Reserve; (h) fails to comply with such instructions or rules as may be issued from time to time for the good management of any Reserve; (i) fails, on demand, to produce his permit; (j) without the written permission of the Commissioner of Lands and Surveys assigns, transfers or otherwise deals with any right or interest under his permit. (2) Any person aggrieved by the withdrawal of his permit under this regulation may appeal to the Minister charged with the responsibility for land matters. SCHEDULE Consejo-Corozal District 5 acres 2.00 Santa Rosa-Corozal District 5 acres 5.00 2.00 Corozal-Corozal District 5 acres 5.00 2.00 Pembroke Hall-Corozal District 5 acres 5.00 2.00 Sarteneja-Corozal District 5 acres 5.00 2.00 Strathbogue-Corozal District 5 acres 2.00 2.00 Naranjal-Orange Walk District 5 acres 5.00 Santa Anna-Belize District 5 acres 2.00 2.00 Black Creek-Belize District 5 acres 5.00 2.00 Mullins River-Stann Creek District 5 acres 2.00 Chunox-Corozal District 5 acres 5.00 2.00 Santa Clara-Corozal District 5 acres 5.00 2.00 Jacinto Creek-Toledo District 5 acres 5.00 2.00 Amado Creek-Toledo District 5 acres 5.00 2.00 Cayo-Benque Viejo, Cayo District 5 acres 5.00 2.00 Hope Greek-Toledo District 5 acres 5.00 2.00 Legugu Creek Agricultural Reserve-Toledo District 5 acres 5.00 2.00 Mafredi Agricultural Reserve Toledo district 5 acres 5.00 2.00 “Chan Quebrada” Agricultural Reserve-Toledo District 5 acres 5.00 2.00 “Cow Pen” Agricultural Reserve Toledo District 5 acres 5.00 2.00 *This Statutory Instrument came into effect on 26th March 1966. EXPLANATORY NOTE By this Order the Minister of Natural Resources has fixed the occupancy fees for five acre plots of land in the areas of Chan, Quebrada and Cow Pen in the Toledo District which are required by the people of that District for growing bananas. The fee of $5.00 is the annual fee for land cultivation, while the fee of $2.00 is for a lot for habitation. This note forms no part of the Statutory Instrument.