Government Pasturage Lands Act Chapter 7.10

SAINT LUCIA CHAPTER 7.10 GOVERNMENT PASTURAGE LANDS 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— GOVERNMENT PASTURAGE LANDS ACT Act 9 of 1956 in force 21 April 1956 Amended by S.I. 2/1965 in force 1 March 1965 Laws of Saint Lucia Government Pasturage Lands Act Cap.7.10 3 Revision Date: 31 Dec 2008 CHAPTER 7.10 GOVERNMENT PASTURAGE LANDS ACT ARRANGEMENT OF SECTIONS Section 1. Short title .............................................................................................................. 5 2. Interpretation ........................................................................................................ 5 3. Governor General may declare pasturage lands ................................................. 6 4. Management of Government pasturage lands and livestock schemes ................ 6 5. Animals on government pasturage lands to be licensed ...................................... 6 6. Licences to issue only to owners and for animals duly examined ........................ 6 7. Application for licence .......................................................................................... 6 8. Animals to be examined and may be tested ........................................................ 7 9. Duty of Livestock Officer to issue licence ............................................................. 7 10. Pasturage dues .................................................................................................... 7 11. Refusal to issue licence ....................................................................................... 7 12. Cancellation of licences ....................................................................................... 8 13. Tenants permitted to keep animals ...................................................................... 8 14. Licences to keep or graze animals issuable to tenants ........................................ 8 15. Care and treatment to be given licensed animals ................................................ 9 16. Licensed Animals to be marked ........................................................................... 9 17. Power to award compensation ............................................................................. 9 18. Stray animals to be impounded ............................................................................ 9 19. Dues recoverable by impounding ......................................................................... 9 20. Removal of stock before payment of dues ......................................................... 10 21. Licensed animals not to be removed without notice ........................................... 10 22. Licence to determine where animal is removed without notice .......................... 10 23. Notices of sales, births and deaths to be given .................................................. 10 24. Regulations ........................................................................................................ 10 SCHEDULE 1 11 SCHEDULE 2 14 Laws of Saint Lucia Government Pasturage Lands Act Cap.7.10 5 Revision Date: 31 Dec 2008 CHAPTER 7.10 GOVERNMENT PASTURAGE LANDS ACT (Act 9 of 1956 and S.I. 2/1965) AN ACT to regulate and control the pasturage of animals on Government lands. Commencement [21 April 1956] 1. SHORT TITLE This Act may be cited as the Government Pasturage Lands Act. 2. INTERPRETATION In this Act unless the context otherwise requires the expression— “animals” means cattle as herein defined, horses, mules, asses, sheep, goats and swine; “appropriate area” means the area in the vicinity of any government pasturage lands; “cattle” means quadrupeds of the bovine family; “Government pasturage lands” means any lands declared by the Governor General to be Government pasturage lands for the purposes of this Act and any lands let by Government to tenants whereon animals are kept; “licence” means a licence issued in accordance with the provisions of this Act; “licensed animal” means any animal admitted to or kept on Government pasturage lands under a licence as herein defined; “Livestock Officer” means the person duly appointed to perform the duties of Senior Livestock Officer and includes the Director of Agricultural Services and such other officer as the Governor General may appoint to carry out the provisions of this Act. 6 Cap.7.10 Government Pasturage Lands Act Laws of Saint Lucia Revision Date: 31 Dec 2008 “owner” includes a person who has any share or interest in any animal in respect of which an application for a licence has been made. 3. GOVERNOR GENERAL MAY DECLARE PASTURAGE LANDS The Governor General may declare any lands owned acquired or controlled by Government to be Government pasturage lands for the purposes of this Act. 4. MANAGEMENT OF GOVERNMENT PASTURAGE LANDS AND LIVESTOCK SCHEMES The Livestock Officer is responsible for the carrying out of this Act and any livestock scheme prepared for Saint Lucia, and subject to the approval of the Governor General he or she may employ such workers as may be considered necessary for the purpose. 5. ANIMALS ON GOVERNMENT PASTURAGE LANDS TO BE LICENSED Save under a licence issued by the Livestock Officer no animal shall be kept, tethered, or let loose, on Government pasturage lands. 6. LICENCES TO ISSUE ONLY TO OWNERS AND FOR ANIMALS DULY EXAMINED A licence shall not be issued in respect of any animal— (a) except to a person who is an owner of such animals; and (b) unless such animal has been examined by the Livestock Officer. 7. APPLICATION FOR LICENCE Any owner who is desirous of obtaining a licence shall apply in form one as set out in Schedule 1, and shall present the animal in respect of which the application has been made for examination and testing at such times and places as the Livestock Officer may direct. Laws of Saint Lucia Government Pasturage Lands Act Cap.7.10 7 Revision Date: 31 Dec 2008 8. ANIMALS TO BE EXAMINED AND MAY BE TESTED The Livestock Officer before issuing a licence for an animal shall examine visually and may examine and test clinically such animal and he or she may, in the case of cattle, include any of the following tests— (a) the single intradermal comparative tuberculin test; (b) the brucella abortus serum agglutination test; (c) such other tests as may be determined by the Governor General. 9. DUTY OF LIVESTOCK OFFICER TO ISSUE LICENCE Where an applicant has complied with the provisions of this Act and the examination and testing of his or her animals give satisfactory results, the Livestock Officer shall issue to such applicant a licence in the relevant form set out in Schedule 1. Such licence is not transferable. 10. PASTURAGE DUES Upon the grant of a licence to any person he or she shall pay as pasturage dues the relevant fees set out in Schedule 2 or any amendments thereto. 11. REFUSAL TO ISSUE LICENCE Despite the provisions of section 9 the Livestock Officer may refuse to grant a licence where— (a) examination or testing of such animal shows that it is unhealthy or otherwise unfit for pasturage with other animals; (b) owing to deficiency of water or herbage, or owing to unsuitability of the genetic type, or in order to avoid or control disease, it is necessary to restrict or reduce the number of licensed animals on the Government pasturage lands in question; (c) the applicant does not normally reside in the appropriate area or has or occupies other suitable land; or 8 Cap.7.10 Government Pasturage Lands Act Laws of Saint Lucia Revision Date: 31 Dec 2008 (d) the applicant has been convicted of any offence in respect of stealing, receiving, unlawful possession or wounding any animal. 12. CANCELLATION OF LICENCES The Livestock Officer may by notice in writing cancel any licence— (a) where the holder of such licence has been convicted of any offence as specified in section 11(d) of this Act; (b) where the holder has been convicted of an offence under section 20 of the Animals (Diseases and Importation) Act; (c) where it becomes necessary to reduce or restrict the number of animals on the Government pasturage lands in question for any of the reasons set out in section 11(b); or (d) where an animal displays vicious tendencies, or becomes otherwise unfit to be pastured with other animals. However, in cases of adverse weather a licence may be suspended only, and such suspension shall only take effect after 7 days notice in writing has been given to the holder of the licence. 13. TENANTS PERMITTED TO KEEP ANIMALS Despite anything to the contrary contained in this Act it is lawful for a person who is a tenant of any Government lands to keep an animal thereon without holding a licence. However, such person if required by the Livestock Officer, shall apply for a licence for such animal which shall not thereafter be kept on such lands by any person unless he or she has obtained a licence therefor. Any person who contravenes this paragraph commits an offence and on summary conviction is liable to a fine not exceeding $10 or to imprisonment for one month. 14. LICENCES TO KEEP OR GRAZE ANIMALS ISSUABLE TO TENANTS A licence issued under section 13 above may give the applicant permission either to keep or to graze such animal. No fee is payable under a licence to keep such animal. Laws of Saint Lucia Government Pasturage Lands Act Cap.7.10 9 Revision Date: 31 Dec 2008 15. CARE AND TREATMENT TO BE GIVEN LICENSED ANIMALS Subject to the provisions of articles 985 and 986 of the Civil Code, it is lawful for the Livestock Officer to administer or cause to be administered to licensed animals such care and treatment as may be necessary or desirable to maintain or improve their health or breed and to carry out any of the following operations on such animals: blood testing, castration, dehorning, insemination, branding, marking, dipping and spraying. 16. LICENSED ANIMALS TO BE MARKED The Livestock Officer shall place or cause to be placed a clearly defined brand or mark upon each licensed animal and shall make a record of such brand or mark together with the name of the owner of such animal in a register which he or she shall keep for the purpose. 17. POWER TO AWARD COMPENSATION The Governor General may in his or her discretion award compensation payable out of the general revenue of Saint Lucia for injury to or the loss of any licensed animal where such animal is injured or dies as a result of anything done under section 8 or section 15. 18. STRAY ANIMALS TO BE IMPOUNDED Any animals which may be found on any Government pasturage lands save as permitted under the provisions of this Act and any regulations made thereunder may be impounded and dealt with in accordance with the Animals Act. 19. DUES RECOVERABLE BY IMPOUNDING All dues for pasturage and other sums of money imposed or which have become payable by virtue of this Act or any regulations made hereunder may be recovered by seizure and impounding of the animals of the person so liable, and the provisions of the Animals Act as to seizure and impounding apply. 10 Cap.7.10 Government Pasturage Lands Act Laws of Saint Lucia Revision Date: 31 Dec 2008 20. REMOVAL OF STOCK BEFORE PAYMENT OF DUES All animals removed from Government pasturage lands before the dues thereon are paid wherever found, is liable to be seized, impounded and sold, and the provisions of the Animals Act as to seizure, impounding and sale shall apply. 21. LICENSED ANIMALS NOT TO BE REMOVED WITHOUT NOTICE A person shall not remove from the Government pasturage lands any licensed animal without giving the Livestock Officer notice of such removal. Any person who contravenes the provisions of this section commits an offence and on summary conviction is liable to a fine not exceeding $25 or to imprisonment for 2 months. 22. LICENCE TO DETERMINE WHERE ANIMAL IS REMOVED WITHOUT NOTICE Where the holder of a licence for an animal removes such animal from Government pasturage lands and fails to notify the Livestock Officer thereof, the licence issued in respect of such animal shall cease and determine as from the date of such removal. 23. NOTICES OF SALES, BIRTHS AND DEATHS TO BE GIVEN The holder of a licence for any animal admitted to Government pasturage lands shall report to the Livestock Officer any sale or other change of ownership of such animal and any birth, death or illness of any animal of which he or she has knowledge. Whoever fails to comply with the provisions of this section commits an offence and on summary conviction is liable to a fine not exceeding $10 or to imprisonment for one month. 24. REGULATIONS The Governor General may make regulations— (a) prescribing the fees to be paid under this Act and altering the fees in Schedule 2; (b) altering any of the forms in Schedule 1, or adding thereto; (c) prescribing days, times and places for carrying out any of the tests or operations permitted under this Act; Laws of Saint Lucia Government Pasturage Lands Act Cap.7.10 11 Revision Date: 31 Dec 2008 (d) providing for the use of additional tests; (e) regulating or restricting the use of Government pasturage lands; (f) providing generally for the effective carrying out of the purposes of this Act. SCHEDULE 1 FORMS DEPARTMENT OF AGRICULTURE. GOVERNMENT PASTURAGE LANDS ACT Application for a Licence. Form 1. 1. Name of applicant................................................................................... 2. Residential address................................................................................. 3. Occupation or employment...................................................................... 4. State whether tenant of Government owned land in the same district...................................................................................................... 5. If tenant, state area and locality of land................................................... 6. Do you own any real property? ......................... Where? ....................... 7. Details of above....................................................................................... 8. Do you require a keeping or a grazing licence?....................................... 9. Details of livestock owned by applicant for which permits are required— Cattle No. Horses and Mules Donkeys No. Sheep No. Goats No. Bulls ............ Stallions ...... Jacks ........... Rams ........... Bucks .......... Cows ........... Mares .......... Jennies......... Ewes ........... Nannies ....... Heifers......... Geldings ...... Cubs under 9 mths. age Wethers ....... Wethers ....... Steers .......... Mules .......... Lambs under Kids under 9 mths. age 9 mths. age Calves under 9 mths. age Foals under 9 mths. age No. .............. No. .............. No. .............. No. .............. No. .............. Age ............. Age ............. Age ............. Age ............. Age ............. 12 Cap.7.10 Government Pasturage Lands Act Laws of Saint Lucia Revision Date: 31 Dec 2008 Total 10. Details of livestock kept by applicant but also owned by ............................................................ of ...................................................... and in which applicant has the following interest— .................................................................................................................. .................................................................................................................. Cattle No. Horses and Mules Donkeys No. Sheep No. Goats No. Bulls ............ Stallions ...... Jacks ........... Rams ........... Bucks .......... Cows ........... Mares .......... Jennies ........ Ewes ........... Nannies ....... Heifers ........ Geldings ...... Cubs under 9 mths. age Wethers ....... Wethers ....... Steers .......... Mules .......... Lambs under 9 mths. age Kids under 9 mths. age Calves under 9 mths. age Foals under 9 mths. age No. .............. No. .............. No. .............. No. .............. No. .............. Age ............. Age ............. Age ............. Age ............. Total 11. I hereby apply for a licence and I agree to comply with the provisions of the Government Pasturage Lands Act and any regulations made thereunder. Signature or Mark ......................................... Witness to Mark ......................................................................................................... Justice of the Peace, Minister of Religion, N.C.O. of Police. DEPARTMENT OF AGRICULTURE. GOVERNMENT PASTURAGE LANDS ACT. Licence to Keep/Graze Animals (other than Stud Animals). Form 2. ............................................................... of ................................................ is hereby licensed to keep/graze .......................................... Type of Animal Registration Mark or Brand. Laws of Saint Lucia Government Pasturage Lands Act Cap.7.10 13 Revision Date: 31 Dec 2008 Cow Heifer Calf Mare Gelding Donkey Ewe sheep Wether sheep Nanny goat Wether goat Foal Lamb Kid on the Government Pasturage Lands at ......................................... for the period ............................................. to ..................................... in accordance with the provisions set out in the above-mentioned Act. ..................................................... Livestock Officer. Date ................................................. DEPARTMENT OF AGRICULTURE. GOVERNMENT PASTURAGE LANDS ACT Licence to Keep/Graze Stud Animals. Form 3. ................................................................ of .............................................. is hereby licensed to keep/graze Type of Animal Registration Mark or Brand. Stallion Bull Jack-donkey Ram Buck-goat Boar on the Government Pasturage Lands at ............................................. for the period ............................... to ..................................... in accordance with the provisions of the said Act. The animal must be tethered 14 Cap.7.10 Government Pasturage Lands Act Laws of Saint Lucia Revision Date: 31 Dec 2008 need not Date ................................................. .............................................. Livestock Officer. Renewal of Licence. Form 4 This licence is hereby renewed for the period ................................................ ............................................................... to ..................................................... Date .................................................. .............................................. Livestock Officer. SCHEDULE 2 FEES Cattle— Steer over one year old .......................... $1.00 per steer per month. Cattle (other than steers) over 2 years old .................................................. $1.00 per head per month. Cattle (other than steers) from wearing to 2 years old .................................. .50 per head per month. Mules and Horses ....................................... .50 per head per month. Donkey ........................................................ .50 per head per month. Goats, Sheep and Swine ............................. .10 per head per month. (Substituted by S.I. 2/1965)