Crown Lands (Sale) Regulations (S.R.O. No. 24 of 1983)

SAIWT VINCENT AND THE . GREWADINES S'l'ATUTORY RULES AND ORDERS 1983 NO. 24 (Gaz~tted 30th August, 1983). IN EXERCISE of the powers cOnferre-d by section 5 of the· Crown Laz:i.ds Act (Cap. 77), the Governor-Gcmilral makes the following Regulations: THE CROWW LAWDS (SALE) REGULATIONS, 1083 l. Citation, These Regulations may be cited as the Crown Lands {Sale)" Regulations·· 1983. 2. Class of Lands to be sold. .'fhe Government may effect the sale of Crown Lands in plots subject to the following conditions, namely:~ (a) (b) The Crown Land contiguous to any Crown Limd already· sold or leased alone slrnll be made available f:or sale: Providei that the ]Hinister responsible for agriculture (h'e-re inafter referred to f13 the Minister) may, having regard to the publi(l interest and the circumstances of· any particular case, direct the sale of any other Crown Lands; The area of each plot of Crown Land to be sold shall be s~ch as may' be determined 'by the Cabinet; (c) in every ease fhe Crown Land to be sold shall be surveyed; (cl) on the applicant producing- the reecipt of payment into the deposited in the Treasury, and ,(e) no Crown Land, whic~1 in the opinion of the Cabinet is requi~·cd to be retained in the public interest, shall be sold. 3. :Procedure : eyery application £or the sale of: Crown Lands shall be made in the form set out in the li'irst Schedule- to the Minister• ' ' . ' 50 ,(b) (c) ( d) (c) (f) ,(g) if the application is made in the propeP form, it shall be as11i~-ed a number and the particulars thereof shall be entered in a Tegister kept for the purpose, illcluding.number 'of the applica1lon, the name and address·of the applicant, t he district in which the land is situate a.nd the boundaries of .the land involved; the Chief .Surveyor shall examine t4e application and if be is satisfied thflt the Crown Land in respect of whieh the application is made complies with Regulation 2, he may direct the apPliCant to deposit-in the Treasury Such amount is he may determine to be a reasonable fee :for the survey of the land; on "the applicant producing the, receipt of payment into the Treasury of the survey fee, the Chief Surveyor shall" arrange a survey of the land and depute a Surveyor who may assign a elate and time when the 'survey of the land shall be m!lde; · the surVeyor who is deputed undil' Clause (d) shall give notice of the date and time of his visit to the llpplicant and to the neighbouring owners and occupiers o f the Crown Land, to be present at the time of the visit and fospection and it shall be 01)en to the applicant to point out the.demarcation oi the land specified in the application by indicat.ing the boundaries er other wise; every applicant shall render ·all .necessary assistance tq the Surveyor in the matter of tlie survey and- the "applicant shall also ensure the presence of ·as many neighbouring owners or occupiers of land as may be availably to be p)'.esent at the time of the survey; · the name of all persons present at the .. tirrie of the su:c;vey shall· be noted by the surveyor who slmll also rec9rd any objection raised ab Out these demarcation ofdhe land; and 4. Condition of the Applica~ion: (1) The Chief SurVbyor shallun receipft1f"tlie-illlrvey report examine tlie Mme and make his recommendations thel'con, indicating also the salo price that may be fixed for the land and forward the same to the Minister .. (2) The Minister may on receipt of ibe report froffi the Chief Sur vey(Jf' make a final 'decision about the advisability oi the sale having reg-ard to the public interest and obtain the decision of the Cabinet thereon and on the sale pdee to be fixed for the sale of the laud. · - · 51 •(3) 1'Vl1ere a· final decision has been taken for the sale of ihc land a\1'il.,the sale price thereon has been fixed, the Minister shall inform the appli c' and dir~t him to deposit the sale price of the land to the- authorisod au~rtority within such period as may be specified but not exceeding six months: Proyidcd' that the Minister may, in cert11in circumstances direct that .the applicai1t could pay in instalments provided that nQ t less than one tl1ird' of the sale price shall be- paid within the said period, and the remainder slmll be paid in· four equal annual instalments, the first instalment being payable before the expiration of one year after-the date o{ the initial de:posit ai1d the subsequent ·instalments being parable annually before the expiry of {me year after each instalment thereaft-.or . 5, ivr,.:king of Orown Grant, In a ease where an oi-Oer has been made for 1h\:l sale ·ot any' Crown Land and all the formalities in that rei.tard have b.een completed e.nd the foll sale pdce and any o-ther d:ues that may be payable to the Gov1:rrmient have been re1i1itted to the Treasury, a Grant shall be made by. the Governor-General in respect of the Crown Land in the form set out ill the '!'bird Schedule and every grant so made shall have effect subject to the provisions of the CTown Lands A~t (Cat,. 77), the Regulations ma'de thereunder and to the .conditions of J;he Grant. 6. Agreement .regarding Crown Grant: (-1) In e.very- case- where a successful applicant hM been allowed to -make the ·deposit of the sale price in instalments, an Agreement shall ho execute'd in the form set out in the Second Schedule before posSession of tha land ia granted.. · (2) It shall be a c.ond'ition of every' Agreement referred to in- sub" regulation (1) that. •(a) tho land shall bo held only on licence; (b) (e) thC licencee shall not part with his right of possession of th~ larid :without the written permission of the Minister; · on failure to pay any ·amount due under the .Agreement, or on the violation of any other condition of the Agreement, the Government may terminate the licence and ent.er upon the land and the licencre s1rnll only be entitled to compensation for the crop; if any, staiiding on the land at the time of re-entry. Provided that before the determination of the agreement the iicencee liad bec11 gi-v,m six: (6) months noti<:e to rectify t.lrn breach or failure and he failed to pay or rectify the violation within the given time. 62 (3) If tlle Minister is satisfied that the default or violation referred to in sub.-regula tion (2) was n ot wilful be may allow,further.t~rne for payn~ ef the amount rn default subJect to the payment of an addttvinal amouni.i.,1 ir,over the intere\lt at the full economic rate, or as the case may be, for the rectification of the violation, and in every such caso the right of re-entry 11hall be exercised only if there is any furthe-l." default or viOlation. 7. Payment of Stamp· Duty. On every Crown Grant or sale and on every Agreement referred to in tbis Regulation the Stamp Duty payable under the Stamp Act for the time being in .force shall be paid at the time of execution of the dom.1ment in addition to a fee payable for the preparation of the Agree ment and Grant . . 8 .. Ap:flea.l. A ·person aggrieved by a decision of the Minister made under these Regulations may, within thirty (30) days 0£ the intimation of the decision to him, appeal to the Cabinet.whose decision thereon.-shalrbe final. 9. Repeal. 'l'hese Regulations repeal ail existing Regulations mad·e unde:r Crown Lands Act {Cap. 77. FIRST SCHEDULE (See Crown Lauda (SALE) Regulations 19&2 Regulation (3) SAlN'r VINCENT AND THE G1'ENADINES APPLICATION TO PU1'CHASE CROWN LAND t Christian and .Sm;name of .L\pµlfoant :j: Address and description of Applicant 11 Describe land with sufficient particulars for identification ! I of am desirous of purchasing certain Crown Lands situate at and bounded as foll.ow/J 1l1he Sale Price for land mny be fixei:1 m accordance ·~th the Cr.own Lands (SALE) Regulations , 198 t I am willing to 1)ay tJ1e full sale price· ................. . t t may be allowed' to pay the sale- price in instalments and upon my being put in possession.on that basis und.er tlie Agreement executed by me, I hereby undertake to evacuate the land if and when called upon to do so at anytimo during the period for which·! hold tbe land on the basis of t11e .Agreement. On payment of the frill amomit and on- my complying with the ·condition of the Agreement in due course I· may be given a Deed of Sale in respect of the land, · Signature of Applicant t Strike off wbaj; is not applicable. S])OOND SCHEDULE SAINT VINCENT AND THE GRENADINES AGREEMENT TO P'URCIIAllE CROWN LANI: (See Crown Landa (SALE) Regulation, 1983' R,g, (6). MEMORANDUM of AGREEMENT made the d8-Y of 19 , BETWEEN the GovernoT-General of the State of -Saint Viti.cent and the Grenadines acting for and on behalf of the Government of Saint Vinco-.nt and the Grenadines by his agent Tho Chief Surveyor hereinafter ealled the VENDOR of tho ONE PAR'l' and . , of herojnaf'ter called the PURCHASER of,the O~HER PART. · 1. -'-The V&'l'"DOR. agrees to sell and the PURCHASER l~ull <lcsci-ip. agrees to purc)rnse ALI./ THA'l'- piece or parcel of Crown tion of Litnd' situate at land. and being or thereabouts in quality at A;m:ugc cf the price of $ payable in instalments land. and subject to the conditions hereinafter ine'ntione'rl. 54 One year from <lnh> of this Agreement. Same <lay un<l month us last. 2. Immediately upon the signing of this Agreement the PURCHASER shall p~y at the 'l'reasury an )nst almcnt of, $ which· acknowledged as a first mstalme1~ 4 on account of the purchase money anQ. ..shall pay the balance thereof in four equal yearly instalments Of $ with interest as agreed by the Cabinet the first of such yearly. instalmel}t to be paid on the day of in the suCcc.eding years. 3. The PURCHASER upOn sig'ning this Agreement and paying at the Treasury the first instalment of the purchase molley shall be put into pose:e,'! llion of the land- hereby,,agreed to be sold as ·a mere licenCee and the •lalld Shall remain ,the proper'ty of the Crown until the obtaining of the Crown Grant after the payme nt of the sale price in full. · · ' 4. If the PURCHASER sha ll have failed to complefo the payments in the four year period interest agreed upon by the Cabinet will be charged on the outstanding balance in respeCt of the land. tL The PURCHASER shall;--within a peri◊d of one year of his being. put into possession of any land which is capable of being used for agriculture, plant at least one half of the acreage 0£..land in products of a permanent character such as co-coa, coffee; spices or any other permanent crop as may bo approvCd by the Minister, arid the PURCHASER undertakes to do eo. 6. The PURCHASER will not ,(a) (b) so long as any pa.rt of the purchase money remaills unpaid, sell, let, mortgage or assign .his inte.rest in the land without the consent in writing of the Cabinet; or use the land so as to cause a nuisance to the. public or other purchaser or lessee of a.djacent Crown Lands. 7. If the PURCIIASER shall fail to pay 8.ny installllent of the purchnsa money and if the same shall be in- arrear arid unpaid for thirty days after the same is due, whether the same has bC'ell l'e2"ally ·demanded or not or if the PURCHA.f3ER shall fail to obs0rve or commit a breach of any of the conditions of agreements on his part he-rein set out then all the rhrht and interest of the PURCHASER nnder this Arrreernent may be .forfeited and on the decision of the Cabinet it shall be lawful for the Chief Surveyor, or any other person as the· Minister may nqminate, to enter unon and take possession of the land an'd to summarily eject the PURCHASER or 1.my oth<'ll' person who may bold for. him therefrom without any legal process a.nd m, effectually as the Re2"istrar mi.<!ht do on a rccoYery in e.iectment, an'd in ea~'<e of such entry and any action bein!! browtht therefor the defenilant ma:, p!cad leave and li<'-ence an·d this provision shalt be conclusive evidence of' !@ave and lieence by the Plaintiff for tho -try, trellpam;i oi:- other mat.tern 55 .:oniplahied oi in such action, provided that before exerc1smg the right of re-ontry a notice. shall be given to the PURCHASER about the default or violation and a reaMnable· period not execeding six months shall be given to ·make good -the default or rectify the violation and if }:te has failed to comply .'with the· terms and conditions therein contained ihe ·right of entry may be exereiseid straightaway. 8. The VENDOR reserves to himself tlie rigJ1t to,all roads and paths existing upon.the land agreed to be sold. 9. 'l'he VENDOR reserves to himself in fee simple 'out of the,grant hereby a.greed to be made all mines, veins, beds, deposits or accumulations of Mineral Oil alrcady--found, or which may hereafter be ·found under the premises aforesaid with full liberty at all times for the VENDOR to enter and inspect the same for the purpose of scarcblllg for., gettilrg and t.iking away the·said ]4.iner al Oil, ·subject to such compensation for injury doric to or ·upon ,the' Surface~ or to any building standing thereon, as may be determined by two ai·15Rr-ators, of whom one shall be appointed On behalf 6f the VENDOR and the other by an'd on behalf of the PURCHASER or such other private pirty (if any) •intere~ted for the time being in tthe said premises, or in "the event of disagreement between sueh arbitrators, such compensation as may be determined by any umpire, who shall be appointed- in writing by such ,arbi trato1;s before they enter on the matter so referred 'to them or on any matter upon which such arbitrators may differ and in such event the decision of the umpire thereon shall be final and binding. · IN WITNESS whereof the parties hereto ·have hereunto set their hands the day arid year herein firlit written. Sig-natures of Purchaser Chief Surveyor and wit.ness Witne1m 56 THIRD SCHEDULE SAINT VINCENT AND THE GRENADINES CROWN GRANT ·ro ALL Wf!OM THESE PRESENTS SHALL COME. ' KNOW YE that in consideration of the sum of ...... ....... ". dOllars and - - . - . ., ..... - . - - - • ... , ... ' .. - ... - .. : ..... cents paid by of ...... , ........... - - ....... ........... ~ ... to the-Accountant General of Saint Vincent and the Gren/Wines, His Excellency the Governor·-General of Saint Vincent. and the Grenadines do hereby Grant- on behalf of the Government of Saint Vincent and 1 tho Grenadines untp th~ s8 id- .. ,; .. .' ...... ,•:· ..... ....... .. and .. , ..... : . , ....... 1. , ...................... heirs ALL 'IHAT piece or. po:tt10n of fand situate on the'. acquired Estato Qf , ...• , ..................... · ...• , •. ., • .. in thH l"arish 0£ .... ; ....... -. :· ......................... ·. in Saint \rinCent i:illd the Grenadines being .. ·. 1 ••• .... : ... ......................... -..... -•••• -: ••••• · i11. extent numbered ............... , . •· ...... ~ ..... and hounded as shown and described in the diagram hereunder and" .also in .the plan recorded .in the SuJ."Veys Office or however otherwise the same may be bou nded, known or described, together With all. buildings and appurtenances and· easements theretO bclong'.ing, to hav.e and to hold the said piece or port.ion of land.to .the snid- . .' ... .- ...... '. . .. -. , ·"' .- .......................... , heirs and assigns forever .subject however to .. the proVi.sions of tho Crown Lands Act ·<(Cap. 77) or any other law corresponding thereto for the time being in force ri.nd to any Regule...tions made thereunder and the· conditions· therein cont ained : If the sa.id , , .. , , , , .......... , ..... , .. , . , . , ..... , . . shall fail tci ·comply with the provisions of the law anrl the Regulations, the present grant -may, pursuant to the same, · be revokeid ht any tim<'~ after such failure, by the Government of Saint Vincent anrl the Grenadines ll.nd th~ said piece or portion of land may be d.ealt with pursuant to the sa,id law. The Government of ,Saint Vincent and the Grenadines reser-ves to itself in foe sim-plo out of the gra11t ··hereby macfo !\11 radioactive, mine-rals, minea, veins, beds, i:lep◊sits or accumulations of Mineral Oil already found, or which may hereafter be found under the premfocs aforesaid with full liberty nt all times for the Government to enter and irn,pect .the same, for the pnrposo of searehing- for,- gctting;- -and taking- a\v:?..y the same ra.dio-uctiYe minflrals, or Mineral Oil, subject to such compensation. for injury done to or upon the smfaee, or to any building i,tanding thereo-n as mtiy be determined by two arl;Jitrators, of whom one shall be appointed on behalf of the Government and the other by and on bel1aH of the -Grantee, or· for such other private party (if any) interested f6r .the ·time being- in the said premises, or in thb e-v1mt o-f disagret:ment between suel1 arbitrators such corupeusation aa 'llay be determined by an umpire, who shalt be appollitecl in writing by 1ch arbitrators before they enter on the matter so referred to them or on any matter upon which such arbitrators may differ, all(! in a.ud1 eveD.t tho declllion of the umpire thereon shall be final and binding. Signed and scaled by . Governor-General of Saint Vincent and the Grenadines, this ... day of, ... ,.,. 19 ..... . Goverror-General Date 0£ Allotment ................. . cheeked by CJiief Surve.yor Made this 11th day of August 1[183. J. A, POMPEY, Secretary to the Cabinet. Printed by tho Government- Pr1nt-er at tlle Government Prl..nllilir Office, Kingstown, st. Vincent & the Grea.ad1nes. llli3. f Price $3.60 cents.