Crown Lands (Rent) Regulations (S.R.O. No. 25 of 1983)

SAINT VINCENT AND THE GRENADINES STATLTORY IWLE;, A~D ORDERS 1983 NO. 25 (Gazetted 30th August, 1flS3). I~ EXERCISE of the pow errs conferred by section 5 of tbe Crown Lands Act (Cap. 77) the Governor-General makes the following Iiegulations s-> THE CROWN LANDS (RENT) REGULATIONS, 1983 1. Citation. These Regulations m2,y be cited as the Crown Lands (Rent) Regulations, 1983. 2. Application fJr renting Crown Lands. All applications for the renting of Crown Lands shall be made to the Chief SUI"W)'or, Lauds and bun-eys Department, upon printed forms to be obtained from that Depart ment, and shall be submitted ill duplicate to the Chief Surveyor. 3. Form of Agreement. On the back 01 the application :fo!':Il then shall be printed & :form of ~eement containing tbe eondi.ious tJ.~ which Cnnru Lands "ill be rented aad the tllI"1}l on whieh the agrcei.ieu. shall be approved. 4. Applicatim with certificate to be forwarded to the Minister. (1) An application made under Regulation 2 shall be eutertaiaed ~ the Chief SUITe~'or if the same is made out in the required fonn aad ,resentd in the proper manner. (2) The Chief Surveyor shall have the Crown Land in respect of £ if:h an application has been made, inspected by the Crown Lands Bailiff . ensure that no prohibited area or part of any Forest reserve under the crest Act (Cap. 23) is included thereon. (3) Where the Chief Survevor is satisfied that the Crown Land is [ a prohibited area or part of an:" Forest Reserve under the Forest Act ap, 23), he shall forward the application, together with the certificate of Crown Lands Baili:ff, to the Minister for his approval. (4) The Minister may. having regard to the land and the purpose f' which it L<; to be used and, with the approval of the Cabinet approve the fPlieation. GO 5. Signature of Agreement. Where the Minister approves the applica tion, the Agreement appended to the application shall be completed and signed by the applicant, and by the Chief Surveyor on behalf of the Govern. ment, in the presence of a witness and upon payment by the applicant of the amount payable by him as agreed upon he shall be let into possession of the land. 6. Tenant to have duplicate of Agreement. Every person to whom Crown Land is rented shall, on request, be entitled to receive a duplicate of the Agreement signed by the Chief Surveyor. 7. Chief Surveyor's Authority to sign Agreement. (1) The Chief Surveyor shall, in respect of any case where the Minister has approved the application, have power and authority to enter into and sign an Agreement for the rental of Crown Lands for the best rent available. (2) Every Agreement to rent Crown Land shall be in such form containing such conditions as may be approved, from time to time, by the Governor-General : Provided that in no case IOha11 (a) the land let exceed five acres in extent, or (b) the term exceed one year in duration unless it is a year to year tenancy. 8. Agreement to be filed. The Chief Surveyor shall maintain a perms nent file for the rental of every Crown Land and he shall also keep a regiater of all Crown Lands rented which shall contain such particulars .. tilt Minister may, from time to time, specify 9. Priority of Application. The Chief Surveyor shall cause ~o .be recorded on each application the hour and date of receipt and give pnont1 applications in the order of their receipt in the Lands and Surveys Depart· ment. 10. Terms of Agreement. The conditions of tenure of the land shan be as Bet out in the form of Agreement in the Schedule hereto. 11. No exclusive rights of user. No exclusive rights of user shall "e:. in any person to any existi:lg path ?r tract or. to any spring stream or ~..i ll,atural source of water situated III or flowing through any Crown ' rented to a person. 61 12. Certain improvements to be made only with approval of Chief Surveyor. None of the improvement as are specified in Appendix I of the Schedule shall be made except with the previous written approval of the Chief Surveyor which shall be giTen only if the Cabinet is satisfied that it is necessary in the public interest to accord the permission and subject to such conditions as may be imposed by the Cabinet. 13. Resumption of possession for public purpose. The Minister may if he is satisfied that the whole or part of any Crown land that has been rented is required for any public pnrpcse, direct the resumption of possession of the land subject to the payment ot compensation for the value of such crops and improvements on tlie land resumed as set out in Appendix 11 of the Schedule. 14. Revocation. The Crown Lands Regulations 1946 (S.R.O. 46/1946) as amended by Crown Lands (Amendme~t)Regulations 1962 (S.R.O. 15/1%2) lire hereby revoked. . ~CHEDULE 'FOR},I: OF APPLICATION FOJ~ nsxr OF CROWN LA.."~S Regulation 11 1. Full name of applicant: Address Occupation: 2. Extent situation and Boundaries of land applied for: 3. Date and hour of receipts of application at Lands and Surveys Department: To be left Blank b)' applicant 1'0 . ..... . YEAR . ........... .. .. .. .. .. .. -- . 62 4. Terms of AgTeement: 6. Certificate of Crown Land Bailiff who inspected the area to be rented. (Sec back) I hereby certify that I did Oll the day of 10 , inspect the area to be rented t.o the applicant and that the said area is not a prohibited art-a or a Forest Reserve under the Forest Ordinance, 1!143. Crown Land Bailiff 6.! Forwarded and reeommended Date: . -................. . . Not recommended. Chief Surveyor 1. Appro~ed. Date: . Not approved. Date: . 63 FOR)! OF AGRBIDIEXT SAINT VINCENT AND THE GRENADUiES AX AGREEMEXT made the day of 19 BET"\YEEX Chief Surveyor of the State of Saint Vincent and the Grenadines on behalf of the Government of Saint Vincent and the Grenadines (hereinafter called the W~DLORD) of the O~E PART and of (hereinafter called the TEN..\~T) of the OTHER PART, WHEREBY it is agreed as follows: 1: The Landlord shall let and \he Tenant shall take all that lot piece parcel of land situate at in the Parish of in the State of Saint Vincent and the Grenadines containing acres more or less and bounled as follows: from year to year commencing on the above date until the tenancy shall be determined at the end of the first of any subsequent year by six calendar months previous notice in writing given by either party to the otber at rent of payable in advance. 2. The tenant shall not sublet or part with possession of the land hereby rented or of any portion thereof without the permission in writing of the Chief Survevor . 3. The Tenant shall not keep or kindle or permit to be kept or kindled any fire on the said land except for the following purposes i-e (a) the cooking of food (b) the burninz of charcoal or forest produce under licence duly issued by the Chief Forest Officer. (c) burning' of bush, weeds, crop "'Ir-aste or other organic matter as deemed necessary by law or with the permission and direction of the Chief Surveyor or his duly authorised agent or agents. 64 4. 5. 6. 7. 8. 9. 10. 11. The Tenant shall not remove or permit the removal of any forest Produce from the said land save under licence duly issued by the Chief Surveyor or his duly authorised agent in accordance with Crown Land Forest Produce Rules, 1946, as amended. The Tenant may be permitted to keep or pasture any Iive stock upon the said land, subject to the writt eu permission of the Cbief Surveyor. The Tenant shall not cut down, fell, destroy or injure any tree specified in Classes I, II & ] II in 5('hedule II to the Crown Lands Forest Produce Amendment Rules 1950 nor any tree specified in Classes IV and V which shall measure more than four inches in diameter, nor shall h& remove, injure or destroy any grass, trees, walls, fences, hardwood pegs. or concrete posts which are being used to mark and preserve the bound. aries of the area or of individual holdings. He shall cultivat. the tenancy in a proper and husband-like manner as approved and directed by the Chief Surveyor or his duly authorised agent or agents. He shall take steps to control pests and diseases, to carry out soil and water conservation measures and to maintain all types of contour bunds and/or barriers which occur within the area, and perform any agrienl tural measures which the Chief Surveyor or his duly authorised A~ent 01' .Aga1s 'nUl.y deem iit: The Tenant shall not raise or remove or suffer to be raised or removed, any minerals from the said land nor shall he remove or permit te be removed manure of vegetable matter suitable for return to the land for composting or for the making of pen manure. The Chief Surveyor or his agents shall at all times havs right of aee~ to the said land and may enter upon it freely without let or hindrance. A duplicate of this Agreement shall be kept in the possession of th~ lessee and shall be produced within 24 hours on demand by any Forest Officer or member of the Police Force. In the event of loss of this Agreement form the matter shall be reported to the Chief Surveyor in writing who may direct the issue of a copy of the Agreement al a charge of one dollar. On the termination of this Agreement any plants or produce lett grow ing or lying upon the said land shall become the property of the Crown.. The Tenant shall not erect any buildings upon the said land without the permission in writing of the Chief Surveyor, 65 '12. The Tenant shall carry out such instructions with regard to the crops to be grown on the said lands, the methods of cultivation and the area to be cultivated as may from time to time be given by the Chief Agricnltural Officer or his duly authorised agent Or agents. 13. The Tenant shall not undertake any improvements on the said land except such as sri mentioned in Appendix I to this Agreemrnt. 11. The Chief Surveyor or hi, duly authorised agent or agents shall have the right, on giving one "eek's notice in writing to the Tenant, to plant trees on the said land and if this be done. the Tenant shall tend and care for any such trees in a husbandlike manner during the contin uation of his tenancy. 15. The Chief Surveyor shall not be held responsible for any damage to the crops or property of the Tenant occasioned by the entry of himself or his agents upon the said lands, nor shall the tenant be entitled to any compensation in respect thereof. 16. The Tenancy may be determined by six months notice in writing given by either side. 17. The Chief Surveyor doth hereby for himself and his successors in o1Dee CO,-E.'U.:.,\'"1' wj1h the 1'e.wwt his ezecutors .and ~dm.inistr~t.on; as follows: (a) That upon the termination of the tenancy, if the Tenant shall have performed and satisfied all his obligations to the Landlord in respect of the holding, the Tenant shall be entitled to compensation for the improvements specified in Appendix II hereto. (b) That so long as the Tenant shall pay the rent hereby reserved and perform the covenants on his part herein contained he may, subject to the provisions of Regulation 13 of the Crown Lands (Rent) Regulations, 1982 hold and quietly enjoy the said lands hereby rented during the said tenancy without interruption by the Chief Surveyor or any person claiming under Or through him: Provided always that if the rent reserved or any part thereof shall be in arrear for seven days after the same shall become due (whether any formal or legal d~mand for the same shall have been made or not) or if the tenant, his executors or administrators, shall not observe all the covenants and provisions hereinbefore contained, it shall be lawful for the Chief Surveyor or his Successor in office to re-enter upon the said lands hereby rented or any part thereof in the name of the whole and the same to peaceably hold and enjoy thence forth as if this Agreement had not been made. • AXD Pl'oyid('(l that t h« ::\lilli.;ter may at any time direr t the resumption of possession of t lie w]101e or part of any Crown LanUs rented by him if it is required for 8 public purpose on paying compensation for the vah:o of suvh crops as may be on such selc>cted land or portion thereof and also for such improvement as have bee. effected by the TewlIlt and compensation shall be assessed by any officer authorised by him having regard to Appendix. II. In Witness whereof the said parties hereto have hereunto set their hands the day and year before written. Signed by the Tenant In the presence of: ... In the presence of: ... . . . . . . . . . . . . . . . . '" . . .- . . . . . . . . . . - , . Signed by the Chief Surveyor APPE~1)IX I mprovements for which the consent of the Minister is required (a) Dwelling and farm buildings (b) Irrigation works (e) Permanent crops (d) Trees of economic value (e) Roa$ls, bridges, and traces (f) Land Drainage systems (g) The control of gullies and water courses (hY Fences, hedges and windbreaks (i) Anti-erosion measures on cultivable land. ti7 AP.PE~DL\: 1L Compensatiun ou Termiuation of CUll tract (a) The Tenant shall be eut itled tu eompensu t iuu fur t lu: Iullowing improvements only ,\ hen made with the consent or with the direc tion of the Minister. 1. Buildings (nut including temporary ur moveable struc tures e.g., wattle and daub huts, cow peus ek.) 2. Trees of ecouuiuic value established 011 cultivable arens : 3. Est a hl ishr-d pastures 4. Perniaueut and seiui-permaucnt crops 5. ]l'1'i~atioll w orks 6. Hoa .ls und bridges. 7: Establish iuent of soil erosion barriers 8. 'Establishment of contour trench system 9. Gully and water.-ourses eoun-ol measures 10. Trer-x of economic value cstu blishcd on areas which are required to be left under cover for the purpose of erosion control. 11. Establishment of wind breaks. Made the 11th day of August 1983. .J. A. PO~lPEY, Secretary to Cabinet. Printed by the Government Printer at the Gorernmeat Pri:11tiDI' Oftiee, Kil'~lltt)wn, Elt. Yincent and the Grena diuea. [ Price 83.00 cents. ] 19~.