State Land and River Reserves Act (Cap. 228)

LAWS OF SEYCHELLES STATE LAND AND RIVER RESERVES ACT CHAPTER 228 REVISED EDITION 1991 PRINTED FOR THE GOVERNMENT OF SEYCHELLES BY SPACE THE GOVERNMENT PRINTER 1991 ED] STATELANDAND RIVERRESERVES ACT [CAP 228 CHAPTER 228 STATE LAND AND RIVER RESERVES ACT {6th June, 1903} ARRANGEMENT OF SECTIONS SECTION PARTI Preliminary 1. Short title. 2. Interpretation. 3. Application of Act. 4. Minister may proclaimriversand rivulets. PART II Act II ofl903. Act 24 ofl932. Act 3 ofl959. Act 14 ofl9n3 Act 8 of 1965. S.I. 95 of1975. s.i 104ofl975. S.I. 23 ofl976. S.I. 72 of 1976. Act 23 of 1976. S.I. 33 of 1977. S.I.41 of 1991. Alienation ofState Lands 5. Sale of State lands. 6. Grants of State lands for charitable or other purposes. 7. Sales by public auctionor by tenders. 8. Exchange of State land for other land by private contract. 9. State land given in payment of compensation. 10. Leases of State land. 11. Notice of sale of land to be published in Gazette. 12. Lands with buildings may be sold irrespectiveof such. 13. Sales by public auction; mode of procedure. 14. Conditions of sale. 15. Purchase price to be paid intoTreasury. 16. Time for payments may be granted by President. 17. Purchaser may pay the whole of the purchase price. 18. Deed of sale or lease to be executed without delay. 19. Deeds to be made at expense of purchasers or lessees. 20. Deed of sale or lease not executedafter noticegiven. 21. Persons desirous of purchasingor leasing land. not advertised. 1991 ED] SECTION STATELAND AND RIVERRESERVES ACT [CAP 228 22. Unlawful to grant jouissanccs. 23. Squatters on State lands. 24. Notice of ejectment to be made by summons. 25. Senior Lands Officer to watch over Curatelle Lands. PART III Forest Rangers 26. President to appoint forest rangers. Control of forest rangers. 27. Appointment of forest keepers. 28. Notification of appointment of forest rangers and keepers. PARTlY Protection ofState Lands and River Reserves 29. Persons destroying or removing trees, etc., on reserves, etc., liable to a penalty. 30. Trees and brushwood cleared away on river reserves for special purposes. 31. Plantations on river reserves. 32. Person found with axe, etc., on State land liable to penalty. 33. Persons destroying trees, etc., liable to penalty. 34. Person burning or destroying tree through negligence on State lands or reserves. 35. Dried up beds of rivers or rivulets. 36. Property of reserves. 37. Lands bordering on main roads to be planted with trees. 38. Person found contravening may be arrested without warrant. 39. Person so apprehended to be taken to police station. 40. Right of entry over private property. 41. Persons obstructing. PART V Miscellaneous 42 Regulatinn.• 2 1991 ED] STATE LAND AND RIVER RESERVES ACT PART I [CAP 228 Preliminary 1. This Act may be cited as the State Land and River Reserves Act. 2. In this Act the following words and expressions shall have the following meanings unless the context otherwise requires "destroy" means fell, cut, mutilate, lop, bark, or in any way whatsoever break or damage; "escarpment" means the bank of any river or rivulet, the mean slope of which makes an angle of not more than twenty-six degrees with the vertical line; "occupier" means the lessee ofland, and includes a person having legal possession ofreal property, although his right of ownership be disputed; "owner" means a person having the full legal ownership of land or other real property orhaving the usufruct, orholding under a contract of antichresis, or under a temporary grant or concession, or sequestrators; "person" includes owners and occupiers of land, and ex tends to individuals, corporations, companies, societies, partnerships, and communities; "river" or "rivulet" includes all tributaries of such river or rivulet, and means any stream in which more than ten cubic feet ofwater per minute usually flow, provided that when ever in such river or rivulet or any tributary thereofless than ten cubic feet of water per minute usually flow, it shall be sufficient to keep ten French feet (3 metres 23 centimetres) of the banks covered with trees and brushwood; Provided also that when such reserves shall be situated at 550 feet or more above sea level, the reserve shall always be of 50 French feet; 3 Short title. S.!. 7211976. 3/2311976. Interpretation, 2/24/1932. S.L 72/1976. 3/23/1976. 1991 ED] STATELANDANDRIVERRESERVES ACT [CAP 228 ApplicationofAct. Ministry may proclaim riversand rivulets. S.1. 95/1975. 3123/1976. "river reserves" means the banks or rivers and rivulets included in Schedule A or added to that Schedule under section 4 oflhis Acl, ami allthe escarpments ofsuch rivers and rivulets, whatever maybe the height or area of such escarpments: Provided thatwherea riveror rivulet hasnoescarpment or escarpments less than thirty French feet (9 metres 74 centimetres) in width, the reserves shall include such additional landaswill makewiththeescarpment a spaceof thirtyFrenchfeet(9 metres74 centimetres) oneachsideof suchriveror rivulet, the measurement in everycasebeing madehorizontally; "State land" means all landbelonging to or in the posses sionoftheRepublic, orwhich maybehereafter acquired by the Republic; and, for the purposes of this Act, also includes all landofwhichtheCuratorofVacantEstateshas possession, or has beensent into possession; "tree" means timber, live or dead, brushwood, shrubs, underwood, and the branches and twigs thereof respec tively; "wood" means anytree destroyed or removed. 3. The provisions of sections 5 to 25 shall apply to allgrants, sales, or leases of State landwhichmayhavebeen madeprior to its coming intoforce; and all suchgrants, sales, or leases are hereby declared to be as valid and effectual to all intents and purposes as if they had been made under and in virtue of the provisions of this Act. 4(1) TheMinister mayfromtimeto timeby order published intheGazette, addto or withdraw fromSchedule A anystream or streams, watcr course or watcr courses, (2) Anystreamor water course so addedto Schedule A and alltributaries thereofshall, as the casemaybe, be deemed to be ariverorrivulet within themeaning andsubjectto theprovisions of this Act. 4 1994 ED] STATELANDANDRIVERRESERVES ACT PART II Alienation ofState Land [CAP 228 5." State land may be sold by the President, with the exception of river reserves, where such reserves belong to the Republic. 6. (1) No portion of any State land shall be disposed of by free grant or at any other than its full value as hereinafter provided for, except in the case of land required for religious, charitable, or educational purposes or for purposes of public utility. (2) The President may, where the purposes for which the land is required are bona fide religious, charitable, or educational, or of public utility, grant a concession or a lease of such land on payment of a nominal price or rent. (3) All such grants or leases shall be conditional on the land being or continuing to be applied to the purposes for which the grants or leases have been made. 7. All sales of State land shall be by public auction, or by public tender: Provided that sales of State land of up to five acres may be effected by private contract. 8. * The President may exchange State land for any other land by private contract upon such terms and conditions as he may determine. 9. *The President may give State land by private contract upon such terms and conditions as he may determine in payment either in whole or in part of any compensation payable in respect of land compulsorily acquired by the Government under the Lands Acquisition Act. *Functions of the President undersections 5, 8, 9, 10 and 11(1) delegated to the Minister responsible for Land, Principal Secretary, Community Development and Director ofLands (51. 58 of 1993 Cap 241 Sub. Leg.) 5 Saleof State lands. 5/8/1965 S.l.95/1975 S.I.72/1976 Grants ofState lands for charitable or other purposes, S.I.95/1975. 8.1. 72/1976. Sllles by public auctionorby tenders. 5/8/1965. S.I.12/1976. Exchange of State Land for otherland by private contract. 3/811965. s.r, 9~11975. S.I.7211976. State Land liven in payment of coropensatioo. Cap. IO~ S.I.9511975 S.I.7211976. 1994 ED] STATELAND ANDRIVERRESERVES ACT [CAP 228 Leases of State land, s.i 95/1975, s.i 72/1976, 3/23/1976, Notice ofsale or leaseof landto be publised in Gazette, 5/&/1965 Lands with buildingsmay be sold irrespectiveof such. 51811965 SJ, 72/1976. 10.( I)* All leases of State land shall be by public auction, public tender, or by private contract, upon such terms and conditions as the President shall approve, provided the same be not inconsistent with the provisions of this Act, and the rents for the said lands shall be invariably paid in advance. (2) Subject to the provisions of subsection (3), leases of State land shall be as nearly as may be in the form of Schedule B. The President may by regulations made under section 42 amend, vary or replace Schedule B. (3) Nothing in subsection (2) shall be deemed to prevent the addition in any lease of any clause not existing in the aforesaid form, or the modification or omission of any clause existing therein. 1L(])* Whenever any State land shall be intended to he sold or leased by public auction, notice of the intended sale or lease shall be given by two publications in the Gazette and in one local newspaper, if any, within the month immediately preceding the sale or lease. (:l) The notice shall state the place of sale, the upset price, the locality and approximate extent and boundaries of the land so intended to be sold. 12.(1) Should there be upon the land to be disposed of any buildings not belonging to the Republic. such lands shall be sold irrespective of the value of such buildings, the purchaser of land being left free to contract with the owner of such buildings. Provided that, previous to such land being put up for sale, the owner of the buildings shall receive twenty-one days notice from the Government in order to elect to remove his buildings previous to the sale. (2) If there be on the land to be sold any buildings belonging to the Republic, intended to be sold with the land, due notices thereof shall be given before the sale. 6 1991 ED] STATE LAND AND RIVER RESERVES ACT [CAP 228 13. Everysaleshall commencewiththeupsetprice,andtheland Sales by public shall be adjudged to the highest bidder, providedhis offer shall auction; modeof d h . procedure. excee sue upset price. 5/8/1965. 14(1) The conditions of saleasapproved bythePresidentshall Conditions of be read aloud by the auctioneer, and may vary according to the sale. special circumstances of everycase: S.I. 95/1975. S.1. 72/1976. Provided that in every case one fourth ofthe purchase price shall be paiddown previous to the purchaser beingallowed to signthe conditions of sale: Provided furtherthat the purchaser shall givehis bond andthe bond of two sureties to the satisfaction of the President, bound jointly and severally with himself, to pay the balance of the purchasepriceat the timeor timesand inthe manner settledinthe conditions of sale. (2) Nothing herein contained shall be deemed to take awayor in any manner affect or modify the Government privilegedvendor' 5 right in and over the propertythus sold. 15. The auctioneer shall forthwith pay into the hands of the Principal Secretary oftheMinistry ofFinance the sumspaiddown on account of every such sale, and it shall be the duty of the Principal Secretary, to whom the necessary information shall forthwith be conveyed by the responsible government officer, to claim payment of the balance due from the purchaser at the time or timeswhen suchpayments ought to be effected. 16(1) It shall be lawful for the President to grant time to a purchaser or purchasers forthepayment ofthebalance dueon any purchase price; and, ifanysuchbalance or balances be not paidat the time, the land shall be put up againfor sale by public auction in manner and form as aforesaid. (2) Themoneys deposited on the dayof saleshall be forfeited, andthebondsshall at oncebereferred to the Attorney-General for action in case of need: Provided that if, on a subsequent saleor upon action brought 7 Purchase price to be paid into Treasury. 211411'163. 5/8/1965. S.1. 61/1988. S.I. 41/1991. Time for paymentsmay be granted by President. S.I. 95/1975. S.1. 72/1976. 1991 ED] STATE LAND AND RIVER RESERVES ACT [CAP 228 Purchaser may pay the wholeof the purchaseprice. 2/14/1963. S.l 61/1933. S.I. 41/1991. Deed of sale or lease to be executedwithout delay. S.I. 9511975. Sl7211976. Deed of sale or leasenot executed after noticegiven. S.!. 95/1975. S.I. 72/1976. against the original purchaseror hissureties, the wholeamount of the original purchase price with all costs and incidental charges be recovered, it shallbe lawful for the President to remit to the original purchasersuchportionoftheforfeited moneys as shall be in excess of the original purchase price, costs, and incidental charges. 17. Anypurchasershall be at liberty to payto the auctioneer at the timeofthe salethe wholeofthe purchasemoney, andalso pay by anticipation into the handsofthe Principal Secretaryof the Ministry of Finance the whole of the balance due on the purchaseprice. 18(1) Every purchaser or lessee shall be bound to execute the deed of saleor of leasewithina monthofthe adjudication and before his entryinto possession: Provided that the President, on good cause shown, may enlargethe timeallowed for executionof the deed as aforesaid. (2) Every deed of sale shall embodythe conditions of sale underwhichthe adjudication took placeand a short memoran dumofthe adjudication, andto it shall be annexed a descriptive surveyof the landsoldifthe conditions of saledo not conveya sufficiently clear and accurate verbal description. (3) The survey shall be madeat the expenseofthe purchaser. (4) Everydeedoflease shall containthe stipulated conditions of the lease, and to it shall likewise be annexed a descriptive survey under the same conditions as are enacted for deeds of sale. 19. In case any purchaser or lessee neglect to execute his title deed within the above mentioned period, he shall receive a notice to do so withinfourteendays. and if such noticebe not complied withwithinsuchperiod, the saleor lease shall be held annulled and new sale or lease proceeded with in manner and form hereinbefore provided for; and the moneys paid by such purchaser or lessee shall be forfeited subject to the power granted to the President under section 16. 8 1991 ED] STATE LAND AND RlVERRESERVES ACT [CAP 228 20(1) Deed whether of sale or of lease shall be made at the expense of the purchasers or lessees, and shall be registered and transcribed by the Registrar of Deeds, at the instance of the Government, but at the expense ofthe said purchasers or lessees. (2) Such deeds shallbe signed bythe party or parties purchasing or taking the lease on the one part and the President on the other. (3) The provisions ofsubsections (1) and (2) shall applymutatis mutandis to deeds by which State land is exchanged or given in payment of compensation under sections 8 and 9. 21. Persons desirous of having an opportunity of purchasing State lands which have not been advertised for sale or ofobtaining a lease ofthe same may apply to the President, stating as precisely as possible the locality, area, and boundaries ofthe land required to be purchased or to be held under contract of lease. 22. It shall not be lawful for the President to grantjouissances. either limited or unlimited, of State lands. 23. All squatters upon State lands shall be ejected by the ordinary process of the courts oflaw: Provided that when the State land squatted upon is under the value of five thousand rupees according to the estimate of the Valuer General, ifthe squatters set up a title to the ownership of such land, the matter shall be referred to a Judge inchambers who shall direct, if there be a really bona fide title founded upon, whatever may be the ultimate value ofthe land, that the ordinary legal process be resorted to; but, ifthere be no such title founded upon, the Judge in chambers shall order such squatter to remove from such land within such a time as may to such Judge seem just and proper, and further direct that, if the order be not complied with, such squatter shall be imprisoned for a period not exceeding three months. 9 Deeds tobe madeat expense ofpurchasers or lessees, S.I. 95/1975. S.I. 72/1976. Persons desirous of purchasing or leasing land, not advertised. 5/8/1965. S.1. 72/1976. Unlawfulto grant jouissanaes. S.l. 95/1975. S.I. 72/1976. Squatters on State lands. 6/3/1959. S.1. 95/1975. 1991 ED] STATE LAND AND RIVER RESERVES ACT [CAP 228 Notice ofejectment tobe made by strmmons 6/3/1959. S.I. 9511975. SeniorLands Officer towatch overCuratelle Lands. s.r, 95fl97J. 3/23/1976. S.I. 33/1977. Cap. 55. President may appoint forest rangers. 5/8/1965. s.i 95/1975. S.l. 72/1976. 3/23/1976. 24(1) The reference to the Judge in chambers shall be sum mary, and ten days' notice thereof by summons given to the squatter, at the instance and by the direction ofthe Attorney General, shall be sufficient, provided the service of such sum mOM he personal or that ifthe squatter cannot be found, copies of the summons be left at the residence of such squatter. (2) In case the squatter does not appear and no valid or sufficient reason for his non-appearancebe given, the Judge may proceed to grant the order of ejectment by default: Provided that such squatter shall at any time before ejectment be entitled to obtain from the Government a sale or lease ofthe land squatted upon, unless the same be required for purposes of public utility: Provided further that such squatter shall in the latter case pay all costs and expenses incurred to eject or attempt to eject him. 25(1) Whenever the Curator of Vacant Estates shall have been sent into the possession of real property, he shall give notice ofthe fact to the Senior Lands Officer whose duty it shall then be to keep watch over, superintend, and protect such real property on behalf and at the expenses of the vacant estate concerned: Provided that the Senior Lands Officer shall not be at liberty to incur any expense on account of such real property, except such as may be necessary to keep watch over, superintend, and protect the same. (2) This section shall be read and construed together with section 42 of the Curatelle Act. PART III Forest Rangers 26(1) The President may from time to time, if occasion requires, appoint fit and proper persons to act as forest rangers to enforce the execution ofthis Act or any other law now inforce or to be hereafter enacted, dealing with woods and forests and State lands and river reserves. 10 1991 ED] STATE LAND AND RlVERRESERVES ACT [CAP 228 (2) Allforestrangersshall beundertheordersandsubject to the control ofthe ChiefAgricultural Officer. 27(1) It shall belawful for theChiefAgricultural Officer, at the request of persons owning or occupying woods and forests, to appoint keepers of suchwoods and forests. (2) Such keepers shall be paidby suchowners and occupiers, andthey shall havewithin thelimits ofthe saidprivatewoods and forests the samepowersasforest rangersto assistinenforcing the provisions of this Act and of allActs relative to woods, forests, andrivers, andwhilst acting inthe exercise oftheir functions shall be deemedto be public officers or personsemployed inthe public service. 28(1) Thenameandappointment of everyforest rangerandof everyforest keeper shall be dulypublished in the Gazette. (2) The notification in the Gazette of the appointment of any forest ranger or forest keeper shall be sufficient evidence before any court of the right of suchforest ranger or keeper to enforce the provisions of this Act. PART IV Protection ofState Lands and River Reserves 29. Anypersonwho shall destroyor causeto be destroyed, or who shall removeor causeto beremoved, anytree onanyreserves without having received the written permission of the Chief Agricultural Officersoto do, shall be liable onconviction thereof in all cases to a fine not exceeding fifty rupees for each tree destroyedor removed, in addition to three timesthe valueofeach tree, or to imprisonment not exceeding six mouths; Provided that everyowner of riverreservesmaycut down and destroybrushwoodfor thepurposeofplantingusefulorornamen tal trees, on giving previous notice to the Chief Agricultural Officer ofhisintentionto doso, andoncondition that, ifsuchtrees be not planted according to notice, the penalties enacted above shall be held to have been incurred. 11 Control offorest rangers. S.l. 104/1975. Appointment of forestkeepers. 5/8/1965. S.l. 104/1975. 3/23/1976. Notification of appointment of forest rangers and keepers. 5/8/1965. 3/23/1976. Persons destroying or removing trees, etc., on reserves, etc., liable to • penalty. S.l. 104/1975. 1991 ED] STATE LAND AND RIVER RESERVES ACT [CAP 228 Treesand brush wood clearedaway on river reserves forspecial purposes. S.I. 104/1975. Plantations onriver reserves. 5/8/1965. S.I. 104/1975. 30(1) It shall further be lawful for every owner of river reserves to clear away, cut down, destroy, and remove trees and brushwood on a space not exceeding thirty feet in width for the purpose ofbuilding a bridge or setting up a chausee or making a road across any river or rivulet, on a space not exceeding twelve feet for opening up the boundary line ofhis property; and also to clear away, cut down, destroy, and remove trees and brushwood, on a space not exceeding thirty feet inwidth, for the purpose ofhaving convenient access to the river for his cattle: Provided such spaces be not less than halfa mile distant from each other on the same property. (2) No permission shall be required for the purpose set forth in subsection (1); but notice shall be given to the ChiefAgricul tural Officer as to the day on which such cutting shall take place at least ten days before the trees are cut down, destroyed, or cleared. (3) If any owner clears away, cuts down, destroys, or re moves trees or brushwood, or causes or suffers the same to be cleared away, cut down, destroyed, or removed, under the false pretence that a bridge is to be built, a chausee set up, a road made, a boundary line opened, or access for cattle made, such owner shall be deemed guilty ofan offence, and for every such offence shall be liable to a fine in all cases not exceeding fifty rupees for each tree destroyed or removed, in addition to three times the value ofeach tree, or to imprisonment not exceeding six mnnths. 31(1) The ChiefAgricultural Officer may authorise (subject to such conditions or restrictions as he may think advisable to impose) the owners of river reserves to plant otherwise than with trees such parts of the reserves as it may be found inexpedient to plant with trees. (2) Any person who shall plant otherwise than with trees any land comprised within the river reserves aforesaid, except with permission as above provided, shall be guilty of an offence and 12 1991 ED) STATE LAND AND RIVER RESERVES ACT [CAP 228 liableon conviction to a fine not exceeding onethousandrupees, and the plantations so made shall be forfeited. 32. Whoever without the written permission of the Public WorksManageror the ChiefAgricultural Officer, is found upon any State land or river reservesprovided with any axe, hatchet, saw,or other instrument or implement employed for cuttingtrees orworkingtimber, shall, unless heprovesto thesatisfactionofthe court that the axe or other instrument was intended for some lawful purpose, be liable to a fine not exceeding five hundred rupees. 33. Whoever on any State land, and without having received thewrittenpermission ofthc ChiefAgricultural Officer, destroys, saws, works, or removes, or causes to be destroyed, sawn, worked,or removed, orbegins orattemptsto destroy, saw,work, or remove, any live or dead tree or timber, whether such tree is standingat thetimeorhaspreviouslyfallen orbeencutdown,shall be guilty of an offence and liable on conviction to a fine not exceeding five hundredrupeesinadditionto threetimesthevalue of any suchtree or timberor to imprisonment not exceeding six months. 34(1) Any person who, either wilfully or through his own negligence, shall, bysettingfireto herbageor grass,or bylighting afire, causeaconflagrationbywhichany treeorplantationoftrees not belonging to such person, or growing On any State Janel or river reserves shall be destroyed, shall be liable to a fine not exceeding one thousandrupees. (2) Any person, who shall, by any negligence whatsoever, cause the destruction of trees upon lands mentioned in the preceding subsection, shall be liable to a penalty not exceeding fifty rupees for each tree destroyed. 35. Everyowneror occupieroflandonwhich maybefound the driedup bedofanyriveror rivulet mayapply to thePresident for an order that such dried up hed ofa river or rivulet shall not he or shall ceaseto be included withinriverreserves, andthePresident may grant a certificate accordingly: 13 Person found with axe, etc., on Stale land liableto penalty. 5/8/1965. s.t 104/1975. 3.172/1976. Persons destroying tree",. etc.• liableto penalty. S.l. 104/1975. S.I. 72/1976. Person burning or destroying tree through negligenceon State lands or reserves. 5/8/1965. Dried up beds of rivers orrivulets. s.i 95/1975. 3.1. 72/1976. 1991 ED] STATE LAND AND RIVER RESERVESACT [CAP228 Property of reserves. S.I. 104/1975. S.1. 72/1976. 3123/1976. Lands bordering on main roads tobe planted withtrees, S.I.104/1975. Person found contravening may bearrested without warrant. 5/8/1965. 3/23/1976. Person so appre hended tobe taken to police station. 5/8/1965. CAp. 54. Provided that such certificate may be withdrawn by the President byanoticeinwriting, should thePresident be satisfied that the circumstances underwhich the certificate was granted havechanged and no longerjustifythe exemption. 36. River reserves which do not nowbelong to the Republic are and shall continue to be the property of the owner of the adjacent landunless legally sold,conveyed, or assigned to some otherperson, andit shall notbe lawful for anypersonor persons to trespassthereon, on anypretencewhatsoever, provided that the ChiefAgricultural Officer and all forest rangers and other forest officers shall havea lawful right of entryto carry out or compel obedience to the provisions of this Act. 37(1) TheGovernment mayplant withtrees,unlesstheowner or occupier of the bordering lands elect to do so, within a reasonable time, allthe main road sides, at lessthan 200metres abovethe level of the sea, the distance between suchtrees not to belessthanfifteen feetandnotmorethantwentyfeet,andone row of trees on each sideof the road to be sufficient: Provided thatit shall notbelawful fortheGoverrunent to plant trees within thirty feet of any building, if such plantation be ojected to by the owner. (2) Whoever shall, without the consentofthe PublicWorks Managerdestroyanytree planted on the sides of a main road, shall incur for each tree thus destroyed by him a penalty not exceeding two hundred rupees. 38. Anypersonfound committing anoffence against thisAct maybe arrested, withoutwarrant, by the owneror occupierof the landupon whichthe offence hasbeencommitted, or by any forestranger, orpolice officer, unless hebeknownto theperson making the arrest, or givesatisfactory information or reference with respect to his name and placeof residence. 39. Anypersonapprehended underthe provisions of section 38 shall immediately be taken to the nearestpolicestation and shall be dealtwith in accordance withthe provisions of section 24 of the Criminal ProcedureCode. 14 1991 ED] STATELANDANDRIVERRESERVES ACT [CAP 228 40. Anyforestranger, anypolice officer, or anyclerkorofficer of the Public Works Department or of the Agricultural Depart mentorofthe LandsVepartment mayenterandcrossanyland for thepurposeofvisiting orinspecting anyStatelandoranyreserves. 41. Anypersonwho shall byviolence, intimidation menace, or otherwise, obstruct or hinder, or who shall assault any person actingunderthe authority ofthisActandfor the execution ofthe provisions thereof shall be liable to a fine not exceeding five hundred rupees, or to imprisonment not exceeding sixmonths, or both. PART V Miscellaneous 42(I) It shall be lawful for the President to make regulations fromtimeto timefor the purposeof carrying out the objectsand provisions of this Act. (2) Such regulations may inflict a penalty not exceeding five hundred rupees for anybreachor contravention thereof. 15 Right of entry overprivate property. 51811965. s.i2311 976. S.I. 72/1976. Persons obstructing. 5/8/1965. s.i 72/1976. Regulations, 51811965. S.l. 72/]976. J12111976 1991 ED] STATE LAND AND RIVER RESERVES ACT [CAP 228 SCHEDULE A [SECTION 2] [List ofRivers and Rivulets in the Islands ofMaM, Praslin, and La Digue] MArIE NOS NAMES WHERESITUATED 1 Anglaise 2. Cabris or Quincy 3. Moussa 4. Maintry Victoria 5. St. Louis 6. Trois Freres 7. Quenet or Finette Js Corgat Mont Fleuri9. Rochon 10. Belvedere J11. Plaisance Plaisance 12. Mamelles Mamelles 13. ProvidenceNo.1 J14. Providence No.2 Providence 15. Button J16. IV Mile Petit Paris 17. Cascade J18. Rouleaux or Bayonne Cascade 19. Dejeuner Anse Dejeuner 20. Francois Anse Francois 20a. Pointe La Rivulet on Mrs. P.9/1906 d' Argent's property Pointe La Rue 21. Mondon 122. Grand Bassin Anse AlIX Pins23. Nageon 24. DlICap }25. Numa La Rue or Hermitte LeCap 16 1991 ED) STATELAND AND RIVERRESERVES ACT [CAP 228 NOS NAMES WHERESITUATED 26. Theodore Butler JAnee aux Courbes27. Dijoux or St. Jorre 28. Jumeau or Mont Plaisir J29. Royaleor Canelles AnseRoyale 30. Baleine Anse Baleine 31. Bougainville Anse Bougainville 32. Cap Lascar Cap Lascar 33. Hoareau orAnse Forbans Anse Forbans 34. Grande Police Grande Police 35. Anse Cachee Anse Cachee 36. Intendance Intendance 37. Takamaka Takamaka 38. Two rivulets on Jumeau's 39. property at Maravi Anse Takamaka 40. Baie Lazare J 41. Two rivulets on Val-MerEstate Baie Lazare 42. (Lemarchand) 43. Anse Solei! Anse Solei! 44. Anse aux Poules Bleues Anse aux Poules Bleues 45. Edouard Morel Anse aux Poules Bleues 46. Bouchereau Anse a1a Mouche 47. Anse La Moucheor XIV Mile Anse ala Mouche 48. Anse Louis Anse Louis 49. Souveniror Bestel JA".B.,,~50. Bon Espoir or Jouanis51. IX Mile (2 branches) 52. Baillon 53. R.Dupuy 54. Gaspard J55. Barbaron Petit Barbaron56. BarbaronNo.2 57. Dauban Berbarons. 58. Seche) J59. Grand Anse GrandeAnse60. Beoliere 17 1991 ED] STATE LAND AND RIVER RESERVES ACT [CAP 228 NOS NAMES WHERE SITUATED 61. Montagne Posee J62. Desert or Port Glaud Montagne Posee, Port Glaud,63. Antas or Anse I'!sletle 61. L'Islette or Sauzier 165. Griffiths Bras der Mer de l'lsletle66. Mare aox Cochons 67. Souillac Anse Souillac 68. DuRiz Anse du Riz 69. Major AnseMajor 70. Jasmin Anse Jasmin Estate 71. Dans lies or Moustache 172. Dans lies No.2 Dans lies73. Dans lies No.3 or Athanas 74. Mile Anna J75. Bambous BelOmbre16. Grand St. Louis or Boulay 77. Petit Port or Sullivan Petit Port ·/H. Beau Vallon or Mare Anglaise Beau Vallon 79. Albertine Loizeau North West Bay 80. Philogene J 81. Nezet 82. Lablache Glacis 81 T'irant 84. Glacis or Catholic Mission 85. Fond de Lianes Fond des Lianes 86. Machabee Anse Machabee 87. D'Antoine Anse Nord Est. 88. Hodoul or St. Antoine St. Antoine Estate 89. Caiman or Anse Etoile }90. VictorSavy Anse Etoile 91. Hangar 92. Conan J93. Selec Pointe Conan94. Pointe Conan 95. Mont Plaisir or Ribet Mont Plaisir 18 1991 ED] STATE LAND AND RIVER RESERVES ACT [CAP 228 PRASLIN NOS NAMES WHERESITUATED 1. FondBoffay }2. Pelissier Bay Ste. Anne3. Bocque 4. Anse Marie Louise Anse Marie Louise 5. Pickwood J6. Mare Colin Grand Anse7. Catholic Mission 8. Anse Kerlan Anse Kerlan 9. Anse Lazio Anse Lazio 10. Cherimont Gontier II. Savy 12. Anse Boudin Anse Boudin 13. Pasquiere No. I J Pasquiere14. Pasquiere No.2 15. Petite Cour Petite Cour, Anse La Possession 16. Salazie 17. Mrs. Rabat 118. Cote D'Or Anse Vaulbert19. La Hauteur 20. Anse Badamier Anse Badamier 21. Nouvelle Decouverte or CoteD'Or Grand' Anse 22. La Blache Grand' Anse 23. Durand Grand' Anse 24. Mauna Grand' Anse 25. Pierre Civinc Orand' Anse 26. Caillemas, or Daviole de Silva Near Anse Kerlan 27. Charles Payet Baie Ste. Anne 28. La Prude Pointe Consolation 29. MonDesir Anse Boudin P.12/l904. 30. Ma Catherine Anse Takamaka P.9/1906. 31. Mathiote Anse Takamaka P.9/1906. 32. Bois Vert Anse La Blague P.26/33. 19 1991 ED] STATE LAND AND RIVER RESERVES ACT LADIGUE NOS NAMES WHERE SITUATED 1. La Passe J2. Quinon or Reservoir La Passe 3. Payet J Grand' Anse4. Grand' Anse or Camille 5. Morel AnseCocos 6. Anse Gaulettes Anse Gaulettes 7. Anse Severe Anse Severe 8. Heirs Eugene Laporte Anse Severe P.8/1903. Q Julius. M~lIon La Passe 10. Jean Baptiste Payet Anse La Reunion II. Francois Payet Anse La Reunion 12. Mme. William Mcffaw Anse La Reunion 13. Mme. Charles Morel Anse La Reunion 14. Rassoul No. I Property Union 15. La Source Ii Jean Property Union " 16. La Source Marron Anse Marron " 17. Songe Anse Songer 18. Rassoul No.2 Petite Anse 19. Cap Bayard Anse Grosses P.12/1939. Roches SCHEDULEB (SECTION IO(2)} SEYCHELLES LEASE [CAP 228 This agreement made day of . A.D. one thousand nine hundred and between . President acting for the Government in such capacity, hereinafter called the Lessor; of the one part, and hereinafter called the Lessee, of the other part, witnesseth that the President, acting in his capacity as aforesaid, doth lease unto the said , who accepts the same, all that portion of State land under the name of situated at "' Seychelles, as described in the memorandum of survey drawn up by dated ........................ To have and to hold from the day of A.D. one thousand nine hundred and for a term of yP'J'lT" Yielding therefor rent at the rate of ................... Rupees payable in advance, on the day of in each year into the hands of the Principal Secretary of the Ministry of Finance. 20 1991 ED] STAlE LAND AND RIVER RESERVES ACT [CAP 228 And the saidLessoronethe onehand covenants withthe saidLessee forthequietenjoyment of the landshereby demised duringthe term of this lease. subject to the conditions hereunder. the said Lessee on the otherhand covenanting and agreeing as follows, that is to say • Art 1. That hewillnot assignthe whole or anypart of his interestunderthis lease, without the express permission in writingof the Lessor Art 2. That hewillnotfell. permitto befelled, or otherwise injureanytimberorbrushwood on the land hereby leased, andthat hewillnotclearthe landor anyportionthereofbyfiresave with the express permissionm writing of the Lessor Art 3. That the saidLessor. or anypersondulyauthorised by him in that behalf. mayenter and view tho state of tho land hereby leased et ell reasonable time. Art 4. That theLessee shallplant thecultivable land,and shallmakeand keepin repairthe paths connecting the different plantations Art 5. That, in case the rent payable bythe Lessee underthe conditions ofthis leaseshall at anytimebeoverdue morethan onecalendar month, andshallnotbepaidwithinoneweekafter the same sha1l havebeendemande4 by a noticeto thate1Iect serve4 upontheLesseebyanusher of the Court, the said leaseshal1 thereby beand become Ipso facto forfeited and cancelled, and it shallbe lawfulfor theLessorto re-enteruponthepremises hereby demised and repossess his formerestatetherein Art 6. That, in case of the non-fulfilment bythe Lessee ofanyoneof the conditions of this lease. or infraction by him ofany of the prohibitory clauses herein contained, suchI shall be cancel1ed, andthe Lessor shallbe entitledto re-enteruponthepremises herebydemised and repossess his formerestatetherein Art 7. That,at the expiryofthe termsofthis leaseor uponforfeiture thereofasprovided for in the articlesof theconditions, theLessee willyieldupthe land,nowise deteriorated in value. as it stands at the date of thesepresents. without anyclaimwhatever for any indemnity other than the permission to remove suchbuildings offthe landasmayhavebeenerected or placed thereonby him, within suchperiodas maybefixedby the Lessor. and. failing their removal withinsuchperiod. thesameshallbecometheabsolutepropertyoftheLessor, actingasaforesaid Art 8. That, in case the landhereby leased, or anypart thereof. shallat anytimeberequired for publicpurposes. theLessor. actingas aforesaid, shallhavetheright toresume the sameon six months' notice and on payment ofequitable compensation for present or prospective value ofcropsdestroyed orotherwisewithdrawnfromthepossession oftheLessee. andonareduction ofrentproportionatetothevalueofthe landresumed. theamountofcompensation tobeassessed by twovaluaters, one appointed by the Lessor. and the otherby the Lessee, with a Judgeas referee; Art 9. Thewords "publicpurposes" shallbeheldto meanthebuildingof lighthouses, police stations. andotherpublicbuildings, themaking ofroads, drains,andwaterworksforpublicuse. and all Admiralty and WarDepartment requirements; 21 1991 ED] STATE LAND AND RIVER RESERVES ACT [CAP 228 Art 10. That this leaseshall not haveeffectunlesstheLesseeshall, withinfifteendaysfrom the dateof this lease, havecausedthe sametobe registered and transcribedin the Officeofthe Land Registrar. In witnesswhereofthe said parties have set their hands to this Lease made in triplicate. NO SUBSIDIARY LEGISLATION 22