Removal of Sand and Gravel Act (Cap. 203)

LAWS OF SEYCHELLES REMOVAL OFSAND ANDGRAVEL ACf CHAPTER 203 REVISED EDmON 1991 PRlNTED FOR TIlE GOVERNMENT OF SEYCHELLES BY SPACE rns GOVERNMENT PRlNTER 1991 ED] REMOVAL OF SAND AND GRAVEL ACT CHAPTER 203 rCAP 203 REMOVAL OF SAND AND GRAVEL ACT {lSI JUly, 1982J ARRANGEMENT OF SECTIONS Section PART 1 - PRELIMINARY 1. Short tide 2 Interpretation PART II - ABSTRACTION UCENCES 3. Need to hold abstraction hcence 4. Directions by Minister .5. Grant of abstraction licence 6. Variation, revocation etc. 7. Appeal to Minister 8. Surrender oflicence 9. General abstraction licence PART ill - ENFORCEMENT 10. Powers of authorised officers I I. Obstruction etc. 12. False information 13. Offences and penalties 14. Proofof licence PART IV - MISCELLANEOUS 15. Regulations 16. Saving I Act 13 of 1982. 1991 ED] REMOVAL OF SAND ANDORAVELACf PART I. - PRELIMINARY rcAP 203 Short title. Interpretation. N~ to hold abstraction licence. Direcrtions by Minister. 1. This Act may be cited as the Removal ofSand and Gravel Act. 2. In this Act. unless the context otherwise requires "abstract" includesdig up, excavate, quarry or mine; "abstraction licence" means an abstraction licence granted under section S. and includes a general abstraction licence granted under section 9; "application" means an application for the issue or renewal ofan abstraction licence, as the case may be; "authorised officer" means a public officer authorised under section 10; "Controller" means the Controller of Sand and Gravel appointed under section 5(1); "gravel" includes mud; "sand" includes mud. PARTn. - ABSTRACTION LICENCES 3.(1) No person shall abstract and remove away from the property from whichit is abstracted any sand or gravel ifhe does not hold an abstraction licence. (2) The prohibition in subsection(1) (a) includes abstraction and removal of sand or gravel from any place. including the public domain; (b) applies even if the person owns the property; and (c) includesthe diggingor stackingofsand or gravel for the purpose of removal. 4.(1) The Minister may give to the Controller of Sand and Gravel directions of a general character, not being inconsistent 2 1991 ED] REMOVAL OF SANDAND ORAVEL ACf [CAP203 with this Act, with respect to the performance of his functions under this Act. (2) The Controller shall give effect to directions under this section addressed to him. (3) Nothing in this section authorises the Minister to give a direction in respect of a particular case. 5.(1) The Minister may, by notice in the Gazette, appoint a Controller of Sand and Gravel. * (2) The Controller may in his absolute discretion grant or refuse an application for an abstraction licence. (3) An abstraction licence maybe grantedfor the abstraction and removal of either or both sand or gravel from part of the public domain. (4) An abstraction licence may be granted for a specified period or for one abstraction and removal only. (5) An abstraction licence is subject to such conditions as are specified inregulations undersection 15 or as theController may determine and as are specified in the licence, including, without prejudice to this generality, conditions as to (a) the propertyor placefrom which the sand or grave] maybe abstracted and removed; (b) the typeandquantity ofsandor gravel which maybe abstracted and removed; (c) the protectionof the environment at the propertyor place of abstraction by backfilling or other specified method within a specified time; (d) the provision by the licence holder of a satisfactory bond to cover the costs of protecting the environ ment; 'See Sl 3t of 1~8~ (Cap 203. Sub. Leg.) 3 Grant of abstraction licence. 1991 ED] REMOVAL OF SAND AND GRAVFL Acr WAP201 Variation. revocation etc. Appeal to Minister. Surrender of licence. (e) the use (including the sale) ofsand or gravel abstrac ted and removed; (j) the approval of prices of sand or gravel abstracted and removed; (g) the keeping by the licence holder (if he is trading in sand or gravel) of adequate stockpiles of either or both sand or gravel. (6) Such fee as may1,,: pit:>",. ibed is payable by an applicant fur the grant of an abstraction licence. (7) An abstraction licence is not transferable. 6. The Controller in his absolute discretion may at any time (a) vary the conditions of; (b) impose conditions or further conditions on; (c) revoke; (d) refuse to renew, an abstraction licence. 7.(1) An applicant for or holder of an abstraction licence aggrieved by a decision ofthe Controller on an application for, or in connection with, a licence may, within 14 days ofthat decision, appeal against it to the Minister. (2) The decision ofthe Minister on an appeal under subsection (1) is final and conclusive. 8.{1) The holder of an abstraction licence which is revoked shall immediately surrender it to the Controller and shall not be entitled to any refund of fees. (2) The holder of an abstraction licence may at any time surrender it to the Controller and the licence shall cease to have effect; but the holder is not entitled to any refund offees in respect of the unexpired portion ofthe licence. 4 1991 EDI REMOVAL OF SAND AND GRAVEL ACf ICAP 203 9.(1) The Controller may, with the approval of the Minister, grant an open or restricted general abstraction licence authorising the abstraction and removal ofsand or gravel either, as the case may be, without restriction or subject to any or allofthe following restrictions on that abstraction and removal (a) by specified categories of persons; or (b) from specified places; or (c) in specified maximum quantities; or (d) for specified purposes. (2) Sections 5(3), (4) and (5) and 6 apply to a general abstrac tion licence. (3) A general abstraction licence shall be published (a) by notice in the Gazette; and (b) once in a local newspaper. PART ill. -ENFORCEMENT 10.(1) The Minister may authorise public officers for the purposes of this Act. (2) An authorised officer or a police officer may at any time (a) where he has reasonable grounds to suspect that an offence is being or has been committed under this Act, enter, inspect and search any place, premises or property and may take with him such persons and things as he considers necessary for those purposes; (b) demand the production, by the holder, ofan abstrac tion licence (other than a general abstraction licence under section 9) for examination; (c) inspect any record or other documents used in con nection with the abstraction and removal of sand or gravel; 5 General abstraction licence. Powers of authorised officers. 1991 EDI REMOVAL OF SANDANDGRAVEL ACf [CAP 203 Obstruction etc. False information. Offences and penalties. Proof of licence. (d) seize and remove any sand, gravel or other thing in respect of which he has reasonable grounds for believing that an offence under this Act is being or has been committed. 11.(I) No person shallprevent, hinderor obstruct an authorised officer or a police officer in the performance of his functions under this Act. (2) No holder ofan abstraction licence shall refuse or delay or fail to produce his licence for examination under section I O(2)(b). (3) No person shall refuse or delay or fail to produce any recordor otherdocumentsfor inspectionundersection10(2)(c). 12. A person who, in respect of any matter falling within the scope of this Act, (a) wilfully makes a statement which he knows to be false; or (b) recklessly makes a statement which is false in a material particular, is guilty of an offence punishable in terms of section 13. 13. A person who contravenes (a) section 3, 8(1), 11 or 12; or (b) any regulations made under this Act; or (c) a condition of an abstraction licence, is guilty ofan offence and liable to imprisonment for 6 months and to a fine ofR.lO,OOO. 14. Where a person is charged with contravening section 3, 8(1) or 11(2) (a) the burden of proof as to (i) his holding an abstraction licence; or (ii) the application to him ofa general abstraction licence, rests with him; and 6 1991 ED) REMOVAL OF SAND AND GRAVEL ACT [CAP203 (b) a certificate in writing signed by the Controller that the person does or does not hold an abstraction licence is, in the absence ofevidence to the contrary, sufficient evidence before the court of that fact. PART N. - MISCELLANEOUS 15. The Minister may make regulations for the better carrying Regulations. out of the objects and purposes of this Act, including, without prejudice to this generality, (a) prescribing any matter which is to be or may be prescribed under this Act; (b) prescribing fees or charges for applications for or grants of abstraction licences; (c) prescribing royalties payable (in addition to fees or charges for abstraction licences) for the abstraction and removal ofsand or gravel from State land or the public domain; (d) specifying conditions applying to all abstraction li cences, to general abstraction licences or to abstrac tion licences of a particular type or class; (.:) specifyillg criteria for a bond provided under section 5(5) (d) to be considered satisfactory; (f) limiting the operation of this Act in respect of the abstraction and removal of either or both sand or gravel to specified parts or areas of Seychelles. 16.( I) The issue of an abstraction licence by the Controller Saving. does not make him or the Government responsible for any damage which may result from the removal of sand or gravel under the abstraction licence. (2) A person responsible for any damage which may result from the removal of sand or gravel under an abstraction licence may not plead in his defence that the damage was covered by the abstraction licence. 7