Leases of State Lands (Validation) Act, 2003 (Act No. 11 of 2003)

Legal Supplement Part A to the “Trinidad and Tobago Gazette’’, Vol. 42, No. 50, 27th March, 2003 First Session Eighth Parliament Republic of Trinidad and Tobago REPUBLIC OF TRINIDAD AND TOBAGO Act No. 11 of 2003 [L.S.] AN ACT to validate certain leases of State lands registered under the Real Property Ordinance Ch. 27 No. 11 and certain leases of State lands registered under the Registration of Deeds Act, Chap. 19:06 and for matters related thereto [Assented to 19th March, 2003] WHEREAS, prior to the commencement of the State Lands (Amendment) Act, 2003, section 10(2) of the State Lands Act provided, among other things, for Preamble every lease of State lands to be delivered to the Registrar General for registration under the Real Property Ordinance (“the Ordinance”) with such other documents and fees as may have been prescribed: And whereas certain leases of State lands were registered under the Ordinance: And whereas the Ordinance does not provide for such registration of leases of State lands and the registration of those leases of State lands under the Ordinance is voidable: And whereas, prior to the commencement of the State Lands (Amendment) Act, 2003, in contravention of section 10(2) of the State Lands Act, certain leases of State lands were registered under the Registration of Deeds Act (“the Act”): And whereas it is desirable to validate the registration of the leases of State lands which was effected under the Ordinance and under the Act, respectively: ENACTED by the Parliament of Trinidad and Tobago as follows:— 1. This Act may be cited as the Leases of State Lands (Validation) Act, 2003. 2. In this Act— “Act” means the Registration of Deeds Act; “Ordinance” means the Real Property Ordinance. 3. (1) A lease of State lands that was registered under the Ordinance after the 27th day of October, 2000 but before the commencement of the State Lands (Amendment) Act, 2003— (a) is valid and lawful to the extent that it would have been valid and lawful had the Ordinance provided for such registration; and 30 No. 11 Leases of State Lands (Validation) 2003 Short title Enactment Interpretation Chap. 19:06 Ch. 27 No. 11 Validation of certain leases registered under the Ordinance Act No. 10 of 2003 (b) shall continue to be treated with, in accordance with the Ordinance, and such treatment shall be valid and lawful to the extent that it would have been had the Ordinance provided for the registration of the said lease. (2) Any act, omission, right, privilege, title, interest, duty, liability or proceeding arising out of a lease of State lands that was registered under the Ordinance after the 27th day of October, 2000 but before the commencement of the State Lands (Amendment) Act, 2003, is valid and lawful to the extent that it would have been valid and lawful had the Ordinance provided for the registration of the said lease. 4. (1) A lease of State lands that was registered under the Act after the 27th day of October, 2000 but before the commencement of the State Lands (Amendment) Act, 2003— (a) is valid and lawful to the extent that it would have been valid and lawful had the State Lands (Amendment) Act, 2000, not been enacted; and (b) shall continue to be treated with, in accordance with Act, and such treatment shall be valid and lawful to the extent that it would have been had the State Lands (Amendment) Act, 2000, not been enacted. (2) Any act, omission, right, privilege, title, interest, duty, liability or proceeding arising out of a lease of State lands that was registered under the Act after the 27th day of October, 2000 but before the commencement of the State Lands (Amendment) Act, 2003, is valid and lawful to the extent that it would have been valid and lawful had the State Lands (Amendment) Act, 2000, not been enacted. No. 11 Leases of State Lands (Validation) 2003 31 Validation of certain leases registeed under the Act Act No. 74 of 2000 5. Notwithstanding the Stamp Duty Act and any other written law to the contrary, no penalties shall be payable with respect to a lease of State lands that was executed before the commencement of the State Lands (Amendment) Act, 2003 and registered before the 30th day of June, 2003. Passed in the Senate this 3rd day of December, 2002. D. DOLLY Clerk of the Senate Passed in the House of Representatives this 7th day of March, 2003. J. SAMPSON-JACENT Clerk of the House PRINTED BY THE GOVERNMENT PRINTER, PORT-OF-SPAIN REPUBLIC OF TRINIDAD AND TOBAGO—2003 Penalties waived Chap 76:01 32 No. 11 Leases of State Lands (Validation) 2003