Drainage and Irrigation (Declaration of Areas) Act (Cap. 64:04)

L.R.O. 1/2012 LAWS OF GUYANA DRAINAGE AND IRRIGATION (DECLARATION OF AREAS) ACT CHAPTER 64:04 Act 16 of 1995 1 – 22 ... 1/2012 (inclusive) by L.R.O. Pages Authorised Current Authorised Pages LAWS OF GUYANA 2 Cap. 64:04 Drainage and Irrigation (Declaration of Areas) L.R.O. 1/2012 Index of Subsidiary Legislation This Chapter contains no subsidiary legislation. NOTE Notwithstanding the repeal of the Drainage and Irrigation Act, Cap. 64:03 (Act No .29 of 1940), by virtue of section 80 of the Drainage and Irrigation Act, Cap.64:03 – (a) the provisions of this Act shall remain in force in so far it relates to the application of the terms of the Subsidiary Agreement between the Government of Guyana and GUYSUCO; (b) the capital costs ( within the meaning of the expression in the Drainage and Irrigation Act , Cap. 64:03, (Act No.10 of 2004) of the construction of the works to be carried out under the Subsidiary Agreement shall be defrayed out of moneys provided by and in accordance with the said Subsidiary Agreement: Provided that GUYSUCO shall reimburse the Government for any additional funds provided by Government under the Agreement for the construction of the works if the cost of the construction exceeds the estimated cost. LAWS OF GUYANA Drainage and Irrigation (Declaration of Areas) Cap. 64:04 3 L.R.O. 1/2012 CHAPTER 64:04 DRAINAGE AND IRRIGATION (DECLARATION OF AREAS) ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. 3. Declaration of drainage and irrigation areas. 4. Validation of certain acts. 5. Vesting of lands in the Board. 6. Modified application of the Principal Act. SCHEDULE. 16 of 1995 An Act to provide for the declaration of certain areas of land owned by the Guyana Sugar Corporation Limited as drainage and irrigation areas, for the construction of certain works therein and for purposes connected therewith or incidental thereto. [29th DECEMBER, 1995] Short title. Interpretation. c .89:01 1. This Act may be cited as the Drainage and Irrigation (Declaration of Areas) Act. 2. In this Act— “GUYSUCO” means the Guyana Sugar Corporation Limited, a company incorporated under the Companies Act; “the Board” means the Drainage and Irrigation Board established under the Principal Act; LAWS OF GUYANA 4 Cap. 64:04 Drainage and Irrigation (Declaration of Areas) L.R.O. 1/2012 Declaration of drainage and irrigation areas. First Schedule. Validation of certain acts. First Schedule. Vesting of lands in the Board. First Schedule. Modified application of the Principal Act. “the Principal Act” means the Drainage and Irrigation Act; “work” shall have the meaning assigned to that expression by the Principal Act. 3. (1) Anything to the contrary contained in the Principal Act notwithstanding, but subject to the provisions of this Act, the areas described in the First Schedule shall be and are hereby declared to be drainage and irrigation areas for all purposes as though they had been declared to be such by order made under section 18, and published as contemplated under section 19, of the Principal Act. (2) The name of the drainage and irrigation areas declared under this section shall be the GUYSUCO Drainage and Irrigation Areas; and the name and boundaries of each area shall be as specified in the First Schedule. 4. All acts done by the Board its servants and agents or any servant or agent of the Government in respect of the construction of any works in the areas described in the First Schedule are hereby declared to be lawful and valid to the extent that such acts would have been lawful and valid if the procedure prescribed in Part III of the Principal Act in respect of the declaration of drainage and irrigation areas and the construction therein of works had been observed in relation to the areas and works aforesaid. 5. Subject to section 6(6), all lands in the areas described in the First Schedule wherein or whereon any works are constructed together with such works shall vest in the Board and shall be the property of the Board and the provisions of section 20 of the Principal Act shall apply to all such works. 6. (1) Notwithstanding the provisions of the Principal Act, including Part VI (dealing with general financial provisions), the provisions of the subsidiary agreement shall LAWS OF GUYANA Drainage and Irrigation (Declaration of Areas) Cap. 64:04 5 L.R.O. 1/2012 Second Schedule. apply to the GUYSUCO Drainage and Irrigation Areas. (2) The capital costs (within the meaning of the expression in the expression in the Principal Act) of the construction of the works to be carried out in respect of the Project under the Subsidiary Agreement shall be defrayed out of moneys provided by and in accordance with the said Subsidiary Agreement: Provided that GUYSUCO shall reimburse the Government for any additional funds provided by Government under the Agreement for the construction of the works if the cost of construction thereof exceeds the estimated cost therefor. (3) The Board shall engage GUYSUCO to execute the works in respect of the Project on its behalf and to operate and maintain on its behalf the works situate within the GUYSUCO Drainage and Irrigation Areas and GUYSUCO shall set off its cost for doing so against its liability to the Board for drainage and irrigation rates payable under the Principal Act. (4) Notwithstanding the provisions of subsection (3), the Board shall not be liable to pay to GUYSUCO any amount by which GUYSUCO’s cost of executing the project and operating and maintaining the drainage and irrigation works situate upon its estates, as calculated in the formula in section 2 of the Subsidiary Agreement, exceeds its liability for drainage and irrigation rates. (5) In consideration of the benefits to be derived by GUYSUCO, GUYSUCO shall be liable to pay— (a) to the Government a cess payable as set out in the Second Schedule, commencing on the first due date after the first reimbursement of LAWS OF GUYANA 6 Cap. 64:04 Drainage and Irrigation (Declaration of Areas) L.R.O. 1/2012 moneys to GUYSUCO under section 2 of the Subsidiary Agreement; (b) to the Board the annual cost of insurance for equipment and the cost of meeting the administrative, accounting and clerical obligations under the Subsidiary Agreement. (6) Section 34 of the Principal Act shall apply mutatis mutandis to and in relation to the areas declared as drainage and irrigation areas under section 3, subject to the substitution in subsection (2) thereof for the words “vest in the State as Government land” of the words “vest in the owners who owned the said lands on the date immediately preceding the date of the commencement of this Act. (7 ) In this section— (a) “Agreement” means the Loan Agreement dated 20th November, 1995, between the Caribbean Development Bank and the Government of the Co-operative Republic of Guyana; (b) “Subsidiary Agreement” means the Agreement between the Government of the Co-operative Republic of Guyana, the Board and GUYSUCO; (c) Words defined in the Agreement which are used, but not defined, in this Act shall have the meanings they have in the Agreement. LAWS OF GUYANA Drainage and Irrigation (Declaration of Areas) Cap. 64:04 7 L.R.O. 1/2012 s. 3, 4 and 5. FIRST SCHEDULE A DRAINAGE AND IRRIGATION AREA ENTERPRISE TO PROS-MYRA That area of land situated between Enterprise and Pros-myra, commencing on the right bank of the Canje Creek at the point of intersection with the southern boundary of Enterprise and extending northwards along the right bank of the Canje Creek to the point of intersection with the northern boundary of Plantation Canefield to the point of intersection with the western boundary of Plantation Pros- myra, thence in a northerly direction along the western boundary of Plantation Pros-myra to the point of intersection with the southern boundary of the Grand Canal, thence in an easterly direction along the southern boundary of the Grand Canal to the point of intersection with the eastern boundary of New Dam, thence in a southerly direction along the eastern boundary of New Dam, Canefield and Enterprise to its intersection with the southern boundary of Plantation Enterprise thence in a westerly direction along the southern boundary of Plantation Enterprise to the point of commencement. SCHEDULE B BELLE VUE TO VEERBURG L’INVERTITUDE That area of land situated between Canal No. 2 and Voorburg L’incertitude, commencing at the point of intersection with the southern boundary of Canal No. 2 and the left bank of the Demerara River and extending southwards along the left bank of the Demerara River to its intersection with the dam between Plantation Jacob’s Lust and Voorburg L’incertitude, thence in a westerly direction along this said dam to its intersection with the western LAWS OF GUYANA 8 Cap. 64:04 Drainage and Irrigation (Declaration of Areas) L.R.O. 1/2012 boundary of lease No. A5220, thence in a northerly direction along the said western boundary of lease No. A5220, thence along the southern and western boundaries of License of Occupancy No. A322, thence in an easterly direction along the northern boundary of license No. A322 to the point of intersection with the right bank of the Hubabu Creek, thence in a northerly direction along the right bank of the Hubabu Creek to the point of intersection with the southern boundary of lease No. A366, thence along the southern and western boundaries of lease No. A366 to the point of intersection with the northern boundary of lease No. A366, thence in an easterly direction to the point of intersection with the right bank of the Hubabu Creek, thence from the point of intersection of the left bank of the Hubabu Creek and the northern boundary of lease No.5848 in an easterly direction along the northern boundary of lease No.5948 to the point of intersection of the western boundary license No. A38, thence in a northerly direction along the western boundary of No. A38, thence in an easterly direction along the northern boundary of license No. A38 to the point of intersection with the western boundary of Plantation The Bell, thence in a northerly direction along the western boundary of Plantation The Bell to the point of intersection with the southern boundary of Canal No. 2 Polder to the point of commencement. SCHEDULE C LILIENDAAL TO LA BONNE INTENTION That area of land situated between Liliendaal and La Bonne Intention commencing at the point of intersection with the Atlantic Coast and the eastern boundary of Plantation La Bonne Intention and extending southwards along the eastern boundary of Plantation La Bonne Intention to the point of intersection with the East Demerara Water Conservancy Dam, thence in a westerly direction along the East Demerara Water Conservancy Dam to the point of intersection with the eastern limit of the LAWS OF GUYANA Drainage and Irrigation (Declaration of Areas) Cap. 64:04 9 L.R.O. 1/2012 Lamaha Canal reserve, thence in a northerly direction along the eastern limit of the Lamaha Canal reserve to the point of intersection with the Cummings Lodge Middle Walk Dam, thence in a northerly direction along the Cummings Lodge Middle Walk Dam to the point of intersection with the eastern Prolongation of the back boundaries of Plantations Cummings Lodge, Turkeyen, Pattensen and Liliendaal to the point of intersection with the western boundary of Plantation Liliendaal, thence in a northerly direction along the western boundary of Plantation Liliendaal to the point of intersection with the Atlantic Coast thence in an easterly direction along the Atlantic Coast to the point of commencement. SCHEDULE D ECCLES TO GREAT DIAMOND That area of land situated between Plantations Eccles/Haags Bousch and Great Diamond commencing at the point of intersection of the northern boundary of Plantation Eccles and the right bank of the Demerara River, thence in an easterly direction along the northern boundary of Plantation Eccles and Haags Bousch to the point of intersection with the East Demerara Water Conservancy Dam, thence in a southerly direction along the East Demerara Water Conservancy Dam to the point of intersection with the southern boundary of Plantation Great Diamond, thence in a westerly direction along the southern boundary of Plantation Great Diamond to the point of intersection with the right bank of the Demerara River, thence in a northerly direction along the right bank of the Demerara River to the point of commencement. LAWS OF GUYANA 10 Cap. 64:04 Drainage and Irrigation (Declaration of Areas) L.R.O. 1/2012 SCHEDULE E TUSCHEN TO CORNELIA IDA That area of land situated between Plantations Tuschen and Cornelia Ida, commencing at the point of intersection of the western boundary of Plantation Tuschen and the Atlantic Coast, thence in an easterly direction along the Atlantic Coast to the point of intersection with the eastern boundary of Plantation Cornelia Ida, thence in a southerly direction along the eastern boundary of Plantation Cornelia Ida, to the point of intersection with the Boerasirie Water Conservancy Dam, thence in a westerly direction along the Boerasirie Water Conservancy Dam to the point of intersection with the western boundary of Plantation Tuschen, thence in a northerly direction along the western boundary of Plantation Tuschen to the point of commencement. SCHEDULE F EAST LOTHIAN TO JOHNS That area of land situated between East Lothian and Johns, commencing at the point of intersection of the Atlantic Coast and the eastern boundary of Plantation Johns, thence in a southerly direction along the eastern boundary of Plantation Johns, License of Occupancy No. 2873, lease No. A619 and lease No. A2105, thence in a westerly direction along the southern boundary of lease No. 2105 to the point of intersection with the western boundary of lease No. A2105, thence in a northerly direction along the western boundary of lease No. A2105, to its intersection with the northern boundary of lease No. 2105, thence in an easterly direction along the northern boundary of lease No. 2105 to the point of intersection with the western boundary of License of Occupancy No. A 173, thence in a northerly direction along LAWS OF GUYANA Drainage and Irrigation (Declaration of Areas) Cap. 64:04 11 L.R.O. 1/2012 the western boundary of License of Occupancy No. A 173, lease No. A 342 to its intersection with the northern boundary of the Grand Canal, thence in an easterly direction along the northern boundary of the Grand Canal to an iron paal branded DHEH, thence N 354° 58' 25" - 6400.42 feet, thence N 89° 00' 33" - 6520.43 feet, thence N 175° 18' 36" 9980.80 feet to an iron pipe in concrete base branded B.J.B.. thence in an easterly direction along the northern boundary of the Grand Canal and its eastern prolongation to its intersection with the western boundary of Plantation Kilcoy thence in a northerly direction along the western boundary of Plantation Kilcoy to its intersection with the Atlantic Coast to the point of commencement save and except the area of land contained within the Rose Hall Village, Corentyne Drainage and Irrigation Area. SCHEDULE G BELLE VUE TO OVERWINNING That area of land situated between Belle Vue and Overwinning commencing at the point of intersection of the southern boundary of Plantation Belle Vue and the right bank of the Berbice River, thence in a northerly direction along the right bank of the Berbice River, to its intersection with the northern boundary of Plantation Glasgow, thence in an easterly direction along the northern boundary Plantation Glasgow and Overwinning to the point of intersection with the eastern boundary of Plantation Overwinning, thence in a southerly direction along the eastern boundary of Overwinning, lease No. A 2395, License of Occupancy No. A 170, License of Occupancy No. A 275, License of Occupancy No. 276 and Liccnsc of Occupancy No. A 243, thence in a westerly direction along the southern boundary of Permission No.1349, Licenses of Occupancy Nos. A 199, A 402, A 714 and A3569, to the point of intersection with the western boundary of Plantation Belle LAWS OF GUYANA 12 Cap. 64:04 Drainage and Irrigation (Declaration of Areas) L.R.O. 1/2012 Vue, thence in a northerly direction along the western boundary of Plantation Belle Vue to the point of commencement. SCHEDULE H Lot No. 75 to Lot No. 83 That area of land situated between Lot No.75 and Lot No. 83 commencing at the point of intersection of the northerly boundary of Lot No. 75 and the left bank of the Corentyne River, thence in a southerly direction along the left bank of the Corentyne River to the point of intersection with the southern boundary of Lot No. 83, thence in a westerly direction along the southern boundary of Lot No. 83 to the point of intersection with the southern boundary of License of Occupancy No.A234, thence in a westerly direction along the southern boundary of License of Occupancy No. A234 to the point of intersection with the southern boundary of lease No. A9330, thence in a westerly direction along the southern boundary of lease No.A9330 to the point of intersection with the southern boundary of lease No.A9972, thence in a westerly direction along the southern boundary of lease No. A9972 to the point of intersection with the southern boundary of lease No. A10207, thence in a westerly direction along the southern boundary of lease No. A10207 to the point of intersection with the western boundary of lease No. A10207, thence in a northerly direction along the western boundary of lease No. A10207 to the point of intersection with the southern boundary of lease No.A10084, thence in an easterly direction along the southern boundary of lease No. A10084 to the point of intersection with the western boundary of lease No. A7664, thence in a northerly direction along the western boundary of lease No. A7664 to the point of intersection with the northern boundary of lease No. A7664 thence in an easterly direction along the northern boundary of lease No. A7664 to the point of intersection with the northern LAWS OF GUYANA Drainage and Irrigation (Declaration of Areas) Cap. 64:04 13 L.R.O. 1/2012 boundary of License of Occupancy No.2092, thence in an easterly direction along the northern boundary of License of Occupancy No. 2092 to the point of intersection with the western boundary of lease No: A1959, thence in a northerly direction along the western boundary of lease No. A1959 to the point of intersection with the northern boundary of lease No. A1959, thence in an easterly direction along the northern boundary of lease No. A1959 to the point of intersection with the eastern boundary of lease No. A1959, thence in a southerly direction along the eastern boundary of lease No. A1959 to the point of intersection with the northern boundary of Lot No.74, thence in an easterly direction along the northern boundary of Lot No. 74 to the point of intersection with the back boundary of Lot No. 74, thence in a southerly direction along the back boundary of Lot No. 74 to the point of intersection with the western boundary of Lot No. 75, thence in an easterly direction along the northern boundary of Lot No. 75 to its intersection with the Middle Walk Dam of Lot No. 75, thence in an easterly direction along Lot No.75 Middle Walk Dam to its intersection with the western limit of the Corentyne Public Road, thence in a southerly direction along the western limit of the Corentyne Public Road and its southern prolongation into the western limit of the old Public Road to its point of intersection with Lot No. 76 Middle Walk Dam, to its intersection with the left bank of the Corentyne River, thence in a southerly direction along the left bank of the Corentyne. SCHEDULE I MON REPOS TO HASLINGTON That area of land situated between Mon Repos and Haslington, commencing at the point of intersection of the western boundary of Mon Repos and the Atlantic Coast, thence in an easterly direction along the Atlantic Coast to the point of intersection with the eastern boundary of Plantation Haslington, thence in a southerly direction along the eastern boundary of Plantation Haslington to the point of LAWS OF GUYANA 14 Cap. 64:04 Drainage and Irrigation (Declaration of Areas) L.R.O. 1/2012 intersection with the East Demerara Water Conservancy Dam, thence in a westerly direction along the East Demerara Water Conservancy Dam to point of intersection with the western boundary of Plantation Mon Repos, thence in a northerly direction along the western boundary of Plantation Mon Repos to the point of commencement, save and except the area of land contained within the Buxton-Friendship Drainage Irrigation Area. SECOND SCHEDULE Cess amounts payable on each Due Date March 31st, June 30t,h September 30th & December 31st for a total of 160 payments. LAWS OF GUYANA Drainage and Irrigation (Declaration of Areas) Cap. 64:04 15 L.R.O. 1/2012 Due Date No. Cess Payable (US Dollars) 1 2095.00 2 4190.00 3 6285.00 4 8380.00 5 10952.00 6 13525.00 7 16097.50 8 18670.00 9 20313.75 10 21957.50 11 25250.00 12 25250.00 13 25250.00 14 25250.00 15 25250.00 16 25250.00 17 25250.00 18 25250.00 19 25250.00 20 25250.00 21 25250.00 22 25250.00 23 25250.00 24 25250.00 25 25250.00 26 25250.00 27 25250.00 28 25250.00 29 25250.00 30 25250.00 31 25250.00 32 25250.00 33 25250.00 34 25250.00 35 25250.00 LAWS OF GUYANA 16 Cap. 64:04 Drainage and Irrigation (Declaration of Areas) L.R.O. 1/2012 Due Date No. Cess Payable (US Dollars) 36 25250.00 37 25250.00 38 25250.00 39 25250.00 40 25250.00 41 67333.33 42 67122.92 43 66912.50 44 66702.08 45 66491.67 46 66281.25 47 66070.83 48 65860.42 49 65650.00 50 65439.58 51 65229.17 52 65018.75 53 64808.33 54 64597.92 55 64387.50 LAWS OF GUYANA Drainage and Irrigation (Declaration of Areas) Cap. 64:04 17 L.R.O. 1/2012 Due Date No. Cess Payable (US Dollars) 56 64177.08 57 63966.67 58 63756.25 59 63545.83 60 63335.42 61 63125.00 62 62914.58 63 62704.17 64 62493.75 65 62283.33 66 62072.92 67 61862.50 68 61652.08 69 61441.67 70 61231.25 71 61020.83 72 60810.42 73 60600.00 74 60389.58 75 60179.17 LAWS OF GUYANA 18 Cap. 64:04 Drainage and Irrigation (Declaration of Areas) L.R.O. 1/2012 Due Date No. Cess Payable (US Dollars) 76 59968.75 77 59758.33 78 59547.92 79 59337.50 80 59127.08 81 58916.67 82 58706.25 83 58495.83 84 58285.42 85 58075.00 86 57864.58 87 57654.17 88 57443.75 89 57233.33 90 57022.92 91 56812.50 92 56602.08 93 56391.67 94 56181.25 95 55970.83 LAWS OF GUYANA Drainage and Irrigation (Declaration of Areas) Cap. 64:04 19 L.R.O. 1/2012 Due Date No. Cess Payable (US Dollars) 96 55760.42 97 55550.00 98 55339.58 99 55129.17 100 54918.75 101 54708.33 102 54497.92 103 54287.50 104 54077.08 105 53866.67 106 53656.25 107 53445.83 108 53235.42 109 53025.00 110 52814.58 111 52604.17 112 52393.75 113 52183.33 114 51972.92 115 51762.50 LAWS OF GUYANA 20 Cap. 64:04 Drainage and Irrigation (Declaration of Areas) L.R.O. 1/2012 Due Date No. Cess Payable (US Dollars) 116 51552.08 117 51341.67 118 51131.25 119 50920.83 120 50710.42 121 50500.00 122 50289.58 123 50079.17 124 49868.75 125 49658.33 126 49447.92 127 49237.50 128 49027.08 129 48816.67 130 48606.25 131 48395.83 132 48185.42 133 47975.00 134 47764.58 135 47554.17 LAWS OF GUYANA Drainage and Irrigation (Declaration of Areas) Cap. 64:04 21 L.R.O. 1/2012 Due Date No. Cess Payable (US Dollars) 136 47343.75 137 47133.33 138 46922.92 139 46712.50 140 46502.08 141 46291.67 142 46081.25 143 45870.83 144 45660.42 145 45450.00 146 45239.58 147 45029.17 148 44818.75 149 44608.33 150 44397.92 151 44187.50 152 43977.08 153 43766.67 154 43556.25 155 43345.83 LAWS OF GUYANA 22 Cap. 64:04 Drainage and Irrigation (Declaration of Areas) Due Date No. Cess Payable (US Dollars) 156 43135.42 157 42925.00 158 42714.58 159 42504.17 160 42293.75 L.R.O. 1/2012