Forest, Soil and Water Conservation Ordinance (Amendment) Act, 1983 (No. 11 of 1983)

143i I I No. 11.] Forest, Soil and Water Conservation Ordinance (Amendment) Act I ASSENT (1983. [L.S.] VINCENT FLOISSAC, Governor-General's Deputy. 15th July, 1983. SAIN1' LUCIA No. 11 of 1983. AN Acr to amend the Forest, Soil and Water Conserva tion Ordinance, Chapter 25. [ 15th July, 1983. ] BE IT ENCATED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Parliament of Saint Lucia, and by the authority of the same, as follows: 1. This Act may be cited as the Forest, Soil and Short Tide Water Conservation Ordinance <Amendment> Act 1983 and shall be read as one with the Forest, Soil and Water Conservation Ordinance, Chapter 25 (herein after referredto as the principal Ordinance). 144 No. 11.] Forest. Soil and Water Conservation Ordinance (Amendments Act [1983. Section 1 of principal Ordinance amended. Substitution of certain expressions in principal Ordinance. 2. Section 2 of the principal Ordinance is hereby amended as follows: (a) by inserting in its proper alphabetical sequence the following definition U Minister" means the Minister responsible for matters relating to Forest, Soil and Water Conservation; (b) by inserting the words "including charcoal and honey" immediately after the word " trees" appearing at the end of paragraph (a) of subsection (5) thereof and by deleting the word' and' appearing thereafter; (c) by deleting the words" including charcoal ", appearing at the end of paragraph (b) of sub section (5) thereof and inserting the word " and " after the words "such plants"; (d) by adding the following new paragraph as 5 (c) - c C ' soil, and rock and other minerals; (e) by replacing the semi-colon appearing at the end of subsection (8) by a comma and by adding the following words thereafter" includ ing the making of furniture or handicraft" ; (f) by adding the following new subsection after subsection (10) thereof "(11) C forest' means an area of land, with or without trees, declared to be a Forest Reserve, Protected Forest or prohibited area ". 3. The principal Ordinance is hereby amended by substituting in every instance therein: (a) the expression 'Minister' for the expressions , Governor in Council ' and " Governor" ; (b) the expression "Chief Agricultural Officer" for the expression "Agricultural Superinten dent ". [1983. 145 No. 11.] Forest, Soil and Water Conservation Ordinance tAmendmenti Act 4. Section 5 of the principal Ordinance is hereby Section S of repealed and replaced as follows: - b:df~~~~e , 5. The Chief Agricultural Officer, repealed and S · A' I 1 A . . I replaced.emor gncu tura ssistants, Agncu tural Assistants and other Agricultural Officers, Senior Forest Assistants, Forest Assistants and other Forest Officers and Officers of the Central Water Authority shall be ex officio Forest Officers for the purpose of dealing with offences under this Ordinance. ' 5. Section 6 of the principal Ordinance is hereby Section 6 of amended by deleting the words' - OPrmdf'Pal • r lO:l.nCC " of ninety-six dollars ,. appearing at the end amended. of the section and by substituting therefor the words-e " not exceeding five hundred dollars ". 6. Section 8 of the principal Ordinance is hereby Section 8 of 1 11 principal amenc ed US fo OWS: - Ordinance (0) by deleting the words U one hundred and amended. twenty dollars" appearing in subsection (2) thereof and by substituting therefor the words "not exceeding one thousand dollars" . (b) by inserting a full stop after the word" case " appearing in the fifth line of subsection (3) thereof and by deleting all the words appear ing thereafter. 7. Section 9 of the principal Ordinance is hereby Section 9 of amended by deleting the words" a penalty of forty .. b:df~~~~e eight dollars" appearing in the third and fourth line amended. thereof and by substituting therefor the words" a fine not exceeding five hundred dollars or in default of pay ment to six months imprisonment. " 146 No. 11.] Forest, Soil and Water Conservation Ordinance (Amendments Act [1983. Section 10 of principal Ordinance repealed and replaced. Section I I ot principal Ordinance amended. Section 13 of principal Ordinance amended. 8. Section 10 of the principal Ordinance is hereby repealed and replaced as follows: , 10.-(1) Every dealer shall cause to be affixed, in a conspicuous place in front of the place of business or premises at which he deals, a board on which shall be painted in clearly visible letters a description of the type of work carried out, and in default of so doing he shall be liable on summary conviction to a fine not exceeding five hundred dollars or in default of payment to six months im prisonment. (2) Whoever puts or has any board or letters on any premises falsely purporting that he is a dealer in timber or falsely describing the type of work shall be liable on summary conviction to a fine not exceeding five hundred dollars or in default of payment to six months im prisonment. ' 9. Section 11 of the principal Ordinance is hereby amended by adding at the end of subsection (2) thereof the following: "Copies or numbers of receipts and/or permits to move timber shall be noted as proof of ownership by the dealer. " 10. Section 13 of the principal Ordinance is hereby amended by deleting the words "a penalty of forty. eight dollars" appearing at the end thereof and substi tuting therefor the words "a fine not exceeding five hundred dollars or in default of payment to six months imprisonment. " 147 No. 11.] Forest, Soil and Water Conservation Ordinance (Amendment) Act [1983. 11. Section 22 of the principal Ordinance is hereby Se~ti~n 12 of d d f 11 . principalamen e as 0 ows. - Ordinance (a) by deleting the semi-colon at the end of para- amended. graph (a) thereof and by inserting the follow ing therefor U or other forest produce, " (b) by deleting the semi-cajon at the end of para graph (b) thereof and by inserting the follow ing therefor .. or any other purpose ,. (c) by renurnbering subsection (e) as subsection (/) and by inserting as subsection (e) the follow ing (e) the ordering, purchase, and registra tion of Alaskan Mills and Chainsaws. 12. Section 24 of the principal Ordinance is hereby Section %4 of repealed and replaced as follows' pril1~ipal .• Ordinance '24. If and for so long as the owner of a repealed and F .. h I replaced. Protected orest complies with t e ru es made by the Minister he shall be entitled to (a) remission of any land tax for the time being in force; or (b) compensation by exchange of land by mutual agreement or (c) compensation in money as mut ually agreed. ' 13. There shall be inserted immediately after section Insertion. of . . al 0 d' h f 11 . new secnon %4A24 of the pnncip r inance teo owing new sec- to. the tion . prm71pal • Ordinance. Acquisition of a protected forest. "24A. If the owner of a Protected Forest fails to comply with the rules made by the Minister or if the Minister con siders that the said Protected Forest should be acquired by the State in the 148 No. 11.] Forest, Soil and Water Conservation Ordinance (Amendment) Act [1983. Chapter 109 Section 18 of principal Ordinance amended, Section 3Z of principal Ordinance amended. Section 34 of principal Ordinance amended. public interest, then that Protected Forest may be acquired and the acquisition shall take place according to the terms of the Land Acquisition Ordinance." 14. Section 28 of the principal Ordinance is hereby amended by deleting the words" imprisoned with hard labour for any term not exceeding six months" appear ing at the end of subsection (2) thereof and by substi tuting therefor the words" liable to a fine not exceed ing one thousand dollars or six months imprisonment on the first offence, to a fine not exceeding two thousand five hundred dollars or nine months imprisonment on the second offence and to imprisonment with hard labour for a period of not less than one year on the third or subsequent offence. " 15. Section 32 of the principal Ordinance is hereby amended by deleting the words "of two hundred and forty dollars" appearing before the proviso to the said section and by substituting therefor the following words: "not exceeding two thousand dollars or six months imprisonment on the first offence, to a fine not exceeding three thousand five hundred dollars or nine months imprisonment on the second offence and to imprisonment with hard labour for a period not less than one year on the third or subsequent offence. " 16. Section 34 of the principal Ordinance is hereby amended by deleting the words "of two hundred and forty dollars, or to imprisonment for three months" appearing at the end of the said section and by sub stituting therefor the words "not exceeding two thousand five hundred dollars or to imprisonment for a period not less than six months. " [1983. 149 No. 11.] Forest, Soil and Water Conservation Ordinance (Amendmenti Act 17. Section 35 of the principal Ordinance is hereby Section 35 of amended by inserting after the word "timber" b;df~~~~e wherever it appears in the said section, the following amended. expression " or other forest produce". 18. Section 37 of the principal Ordinance is hereby Section 37 of amended as follows' prin~ipal . . Ordinance (a) by inserting after the word" tools" appearing amended. in the third line of subsection (1) thereof the words" power saws and equipment, " and by inserting after the word" carriages" appearing in the fourth line of the said subsection the words" motor vehicles ". (b) by deleting the words "minety-six dollars" appearing in the fourth line of subsection (4) thereof and by substituting therefor the words " five thousand dollars ". 19. Section 38 of the principal Ordinance is hereby Section 38 of amended by deleting the words "not exceeding four prin~ipal Ordinance dollars and eighty cents" appearing in the seventh line amended. of subsection (1) thereof and by substituting the words "as assessed by the Forestry Division at current market value". 20. Section 39 of the principal Ordinance is hereby Section 39 of . d db' ti ft th d" t I " principalamen e y inser ing a er e wor soo s, appear- Ordinance mg in the third line of subsection (l) thereof, the words " power saws and equipment, " and by inserting after the word" carriages" appearing in the fourth line of the said subsection the words" motor vehicles.". 21. Section 42 of the principal Ordinance is hereby Section 41 of amended by deleting the words " of one hundred and prin~ipal Ordinance twenty dollars" appearing in subsection (2) thereof and amended. by substituting therefor the words" not exceeding five hundred dollars and by inserting the following proviso at the end of the section: 150 No. 11.] Forest, Soil and Water Conservation Ordinance (Amendmentt Act [1983. Section 15 of principal Ordinance amended, " Provided that where such assault, molestation, obstruction or resistance is by use of weapons such as knives, firearms or any other instruments the penalty shall be imprisonment with hard labour for a period not less than one year". 22. Section 45 of the principal Ordinance is hereby amended by deleting the words " forty-eight dollars" appearing in the fourth line of subsection (1) (a) thereof and by substituting the words Ie five hundred dollars ". Passed in the House of Assembly this 14th day of June, 1983. W. ST. CLAIR-DANIEL, Speaker. Passed in the Senate this 23rd day of June, i983. E. HENRY GIRAUDY, President. S r\IKl LUCIA PRINTED BY THE GOVERNMENT PRINTER AT THE. GOVE.RNMENT PRINTING OFFICE. CASTRIES. 1983. [ Price $2.00 ]