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Chapter 50:05 - Boerasirie Creek

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L.R.O. 1/2012
LAWS OF GUYANA
BOERASIRIE CREEK ACT
CHAPTER 50:05
Act
7 of 1889
Amended by
11 of 1906 78/1960 16 of 1914 107/1963 28 of 1935 59/1965
9 of 1949 60/1965 6 of 1997 O. 44/1976 O. 16/1981
O. 58/1981

Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 22 ... 1/2012
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Note
of
Subsidiary Legislation
Page
Plantations (Application of Act) Order 21
(O. 32/1958, 59/1965)
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CHAPTER 50:05
BOERASIRIE CREEK ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
APPOINTMENT OF BOERASIRIE COMMISSIONERS
3. Establishment of the Commission.
4. Mode of appointment and tenure of office of the Commissioners.
5. Election of the Commissioners.
6. Apportionment of votes and mode of voting.
7. Nomination of officer to vote for Den Amstel and Fellowship.
POWERS AND DUTIES OF THE COMMISSIONERS
8. General powers and duties of the Commissioners.
9. (a) Varying of assessments by Minister.
(d) Power to Minister to combine plantations and vary the acreage of a
plantation.
10. Works to be constructed and maintained by the Commissioners.
11. Navigation of and traffic on the Boerasirie.
12. Recovery of amounts due to the Commissioners.
13. Accounts by the Commissioners.
14. (1) Disagreement of the Commissioners.
(2) By-laws.
MEETINGS OF PROPRIETORS
15. Register book of plantations.
16. Ordinary half-yearly meetings of proprietors.
17. Extraordinary meeting.
18. Minutes of proceedings.

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SECTION
MICELLANEOUS PROVISIONS
l9. (l) Orders of Minister.
(2) Enforcement of order.
20. Appeal against action of the Commissioners.
21. (l) Penalty for damage.
(2) Assessment of damage if no conviction.
22. Tenure of State lands aback of second depth of plantations.
SCHEDULE—Plantation and acreage.
__________________________
1929 Ed.
c. 135
1953 Ed.
c. 275 _______________________________________________________7
7 of 1889
CHAPTER 50:05
BOERASIRIE CREEK ACT
An Act to consolidate and amend the Laws relating to the
Conservation and Distribution of the Waters of the
Boerasirie Creek.
[28TH SEPTEMBER, 1889]
Short title.

Interpretation.
[9 of 1949]
1. This Act may be cited as the Boerasirie Creek Act.
2. In this Act –
“the Boerasirie” means the Boerasirie creek and includes any
tributaries thereof;
“the Commissioners” means the Boerasirie Commissioners
appointed under this Act;
“part proprietor” means a proprietor by virtue of any Act,
transport, declaration of title, or letters of decree, of a
part of a plantation;
“plantation” means any one of those plantations or estates;
“plantations” means the plantations mentioned in the first
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Establishment
of the
Commission.
[O. 11/1960]
Mode of
appointment
and tenure of
office of the
Commission-
ers.
Election of
Commissioners

column of the Schedule of the acreage set forth in the
second column thereof, and includes any other
plantations or estates which the Minister may, by order,
declare shall be subject to this Act;
“proprietor” means a proprietor by virtue of any Act,
transport, declaration of title or letters of decree, of a
plantation.
APPOINTMENT OF BOERASIRIE COMMISSIONERS
3. (1) Four Commissioners shall be appointed under
and for the purposes of this Act, and shall have the powers
and perform the duties hereinafter specified.
(2) The Commissioners shall be styled The
Boerasirie Commissioners, and by that name may sue and be
sued in all courts of justice.
4. (1) Three of the Commissioners shall be elected in
the manner hereinafter provided and one Commissioner shall
be appointed by the Minister.
(2) A Commissioner shall hold office for two years,
and shall be eligible to be re-elected:
Provided that in any case where the proprietors of the
plantations resolve by a majority of votes that any
Commissioner shall cease to hold office, he shall thereupon
cease to be a Commissioner.
5. (1) Whenever a Commissioner dies, leaves Guyana,
or becomes unable to act, or resigns or otherwise vacates his
office, a Commissioner shall be elected at a meeting of the
proprietors of the plantations.
(2) The person having the majority of votes of
proprietors present or voting at a meeting shall be deemed to
have been appointed Commissioner.
Schedule.
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Appointment
of votes and
mode of voting.
[9 of 1949]
(3) Notice of the appointment shall be published in
the Gazette.
(4) The Minister may grant to any Commissioner
one months’ leave of absence on his application therefor.
6. (1) Every proprietor and every part proprietor or
the representative of part proprietors appointed as hereinafter
provided shall have one vote for each one hundred acres of
the area owned by him or them.
(2) When any plantation or portion of a plantation
is owned by more than one proprietor or part proprietor in
undivided shares and each of such proprietors or part
proprietors desires to vote separately, each of them shall have
one vote for each hundred acres of the number of acres
obtained by multiplying the total number of acres of the
plantation or the portion of a plantation by the fraction
representing the undivided interest of that proprietor or part
proprietor in the whole plantation or portion.
(3) Where the number of acres so obtained is not a
multiple of one hundred, there shall only be one vote for each
one hundred acres.
(4) Any proprietor or part proprietor may vote at
any meeting by his duly constituted attorney.
(5) Any proprietor or part proprietor, or the duly
constituted attorney of a proprietor or part proprietor may,
without being present, vote at a meeting by intimating in
writing what his vote is.
(6) Where portions (being not less than one
hundred acres in the aggregate) of any plantation are owned
by two or more part proprietors, the part proprietors may
appoint in writing one of their number as their representative
for the purpose of voting at any meeting.
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Nomination of
officer to vote
For Den Amstel
and
Fellowship.
General powers
and duties of
the
Commission-
ers.
[9 of 1949]
7. The Minister may from time to time nominate an
officer to exercise the right of voting for Den Amstel and
Fellowship, or either of them, and the officer so nominated
shall, for all the purposes of this Act, be deemed the
proprietor thereof.
POWERS AND DUTIES OF THE COMMISSIONERS
8. The Commissioners shall have the following
powers, that is to say, they may –
(a) apply for and hold any grants of State
land authorised to be issued to them
by the Minister;
(b) hold lands for the construction of all
necessary works for conserving and
distributing the waters of the
Boerasirie, and for such works as may
be approved or directed by the
Minister, and generally for the
purposes of this Act;
(c) construct and maintain all such weirs,
sluices, locks, kokers, dams, canals,
waterways, or other works, both in
the Boerasirie and otherwise, as may
be expedient for the conservation and
distribution of the waters of the
Boerasirie, and all such works as are
approved or directed by the Minister;
(d) regulate the supply and distribution
of water from the Boerasirie and the
means of taking or receiving the same;
and, for that purpose-

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(i) may order a proprietor to
remove any weir, sluice, lock,
koker, or dam, and on refusal,
or failure within a reasonable
time, to comply, enter upon
that plantation for the purpose
of removal and performance of
any other work hereby
authorised; and
(ii) maintain and control, or
construct, maintain and control
all canals, waterways, or other
works, through any plantation
expedient for the conveyance of
water to any other plantation or
plantations; and
(iii) assess upon any plantation so
supplied or deriving benefit
from those works, or upon any
portion or part of such
plantation as hereinafter
provided, or upon the whole
area included in this Act, the
expenses of the construction,
maintenance and control and
any further sum which the
Commissioners in any case
decide to be a fair
compensation to the proprietor
or part proprietor of any
plantation through which the
water is so conveyed;
(e) employ such agents and servants as
they consider necessary;
(f) enter into all contracts necessary or
expedient for the proper carrying out
of their duties;
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(g) assess upon the plantations and
portions of plantations owned by part
proprietors and recover from the
proprietors and part proprietors all
moneys required or expended by
them for the purposes of this Act;
(h) raise on loan any moneys required for
the purposes of this Act:
Provided that –
(i) no new work other than the
works expressly authorised by
this Act, shall be commenced,
and no moneys shall be raised
on loan, without the sanction of
the Minister;
(ii) every assessment shall be at an
equal rate per acre over the
whole district receiving benefit
and for the purpose of fixing
the rate of any assessment each
plantation shall be treated as a
whole;
(iii) every assessment shall be made
on and recovered against each
plantation and portion of a
plantation owned by a part
proprietor as a whole,
including any other plantation
or portion of a plantation if
worked with it;
(iv) the area of each plantation shall
be taken to be the area stated in
the second column of the
Schedule or as determined by
the Minister and the area of a
portion of a plantation owned
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Varying of
Minister.
[28 of 1935
9 of 1949]
by a part proprietor shall be
taken to be the area stated in
the book which the
Commissioners are required to
keep as hereinafter provided, or
as determined by the Minister;
(v) the supply of water permitted
to be taken or received by the
proprietors of the plantations
shall be so regulated that the
plantations shall receive an
equal quantity of water per acre
for each acre of the area of the
plantations.
9. Notwithstanding anything in the last preceding
section contained, the Minister may order that –
(a) assessments made under this Act
shall not be at an equal rate per acre
over the whole district receiving
benefit from the scheme established
by this Act, but shall be made on any
plantation or portion of a plantation
owned by any part proprietor at such
rate per acre as, in the circumstances
of the particular case, he thinks just
and reasonable;
(b) assessments under this Act shall not
be made upon each plantation as a
whole, but shall be made upon any
part of a plantation, and may be
recovered against that part separately
from the rest of the plantation; and
(c) the supply of water permitted to be
taken or received by a proprietor or
part proprietor shall not be the same
assessments by
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Works to be
constructed
and maintained
by the
Commission-
ers.
per acre for each acre of the area
owned by him as that permitted to be
taken or received by any other
proprietor or part proprietor but may
be such quantity per acre as aforesaid
as in the circumstances of the
particular case he thinks just and
reasonable;
(d) any two or more plantations in the
Schedule or included therein by order
under section 19(1)(b) shall be
combined for the purposes of this Act
and what shall be the acreage of any
such combined plantations. Any
plantations so combined shall, during
the existence of the order, be deemed
to be one plantation for all the
purposes of this Act;
(e) the acreage of any plantation in the
Schedule or included therein by
order, or of any combined plantation
may be varied and shall be the
quantity stated in the order.
10. (1) The Commissioners may construct and
maintain –
(a) a canal from the Boerasirie to
Versailles on the west bank of the
river Demerara;
(b) a canal from the Boerasirie to
Philadelphia;
(c) a dam from Philadelphia to the rising
ground aback of the said plantation;
plantation.
acreage of a
vary the
plantations and
combine
Minister to
Power of

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Navigation of
and traffic on
the Boerasirie.
Recovery of
amounts due to
(d) a lock in the Boerasirie; and
(e) any works which the Minister may
direct to be constructed and
maintained as necessary works, in
addition to or in substitution for any
of the foregoing works.
(2) All the foregoing works shall be constructed in
accordance with the plans and specifications thereof
deposited by the Secretary of the Court of Policy on the 17th
October, 1884, in the deeds registry, and according to such
directions as may have been or may hereafter be given by the
Minister.
(3) All moneys heretofore expended on or about
the aforesaid works may be recovered by the Commissioners
from the plantations.
11. (1) The Commissioners shall be bound to make
provision, to the satisfaction of the Minister, for the
navigation of and traffic on the Boerasirie, and on any other
creeks or waterways affected by works constructed or
maintained by the Commissioners.
(2) In default of the Commissioners so making
provision, the Chief Works and Hydraulics Officer is hereby
authorised to do any acts or execute any work in that behalf
directed by the Minister, and to recover the cost thereof from
the Commissioners.
12. (1) The Commissioners may recover all
assessments and sums due to them in respect of a plantation
by parate execution against the proprietor of the plantation,
but no parate nor summary execution shall be issued against
any State land.
(2) A statement that any amount is due by the
proprietor of any plantation, purporting to be signed by a
Commissioner, shall, without any proof of the signature or
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the
Commissioners.
[9 of 1949]


Accounts by the
Commissioners

Disagreement
of the
Commission-
ers.

c. 55:02

Register book
of plantations.
[9 of 1949
6 of 1997]
other matter, be deemed prima facie proof that the amount
stated is so due.
(3) The assessments shall be due on the 1st January
in each year but may be paid in moieties payable on or before
the 30th June and on or before the 31st December of each year.
Interest at the rate of six per cent per annum shall be payable
on every assessment or part thereof which has not been paid
at the prescribed time until payment of the amount due.
13. The Commissioners shall keep proper books of
account, and shall enter therein all expenditure and all
receipts.
14. (1) When the Commissioners disagree as to any
matter, the question in dispute shall be laid before the
Minister, who may thereupon make such order as he deems
right, and his decision shall be without appeal.
(2) The Commissioners may make by-laws under
the Water Commissioners Act.
MEETINGS OF PROPRIETORS
15. (1) The Commissioners shall keep a book
(hereinafter referred to as the register book), in which shall be
entered from time to time the names and areas of the
plantations and portions of plantations liable to be assessed
and the names of the proprietors and part proprietors.
(2) Any proprietor, or the attorney of any
proprietor, of a plantation or part of a plantation liable to be
assessed under this Act may from time to time require the
address (hereinafter referred to as the registered address) of
the proprietor to be registered by the Commissioners in the
register book.
(3) The Commissioners shall as soon as possible
after the commencement of this subsection, by notice
published on two successive Saturdays in the Gazette and one
By-laws.
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daily newspaper circulating in Guyana, require all part
proprietors to register their names and addresses and to
produce their transports or other documents of title to the
Commissioners for the purpose of registration.
(4) If subsequent to the publication of such notices,
any part proprietor or any person who becomes a part
proprietor fails to register his name and address and to
produce his transport or other document of title as aforesaid,
he shall not for the purposes of this Act be treated as a part
proprietor until he does so:
Provided that if any assessment has already been made
or parate execution has already been issued, the
Commissioners may proceed with the assessment or parate
execution as made or issued.
(5) Any notice required to be sent to, and any legal
process required to be served on, any proprietor or part
proprietor may be sent through the post office to, or served at,
the registered address of the proprietor or part proprietor,
and that service shall be deemed valid service for all the
purposes of this Act on the proprietor or part proprietor
whose address is so registered.
(6) Any part proprietor who fails to comply with
any notice published under the provisions of subsection (3)
shall be liable to a fine of nine thousand seven hundred and
fifty dollars.
16. (1) Meetings of the proprietors of the plantations
shall be held in the months of January and July in each year.
(2) At each half-yearly meeting, the
Commissioners shall produce all books of account and an
abstract of all expenditure and receipts during the previous
half-year, and also a correct statement of all outstanding
liabilities and moneys due to or by them and unpaid.
of proprietors.
yearly meetings
Ordinary half-

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Extraordinary
meeting.

Minutes of
proceedings.

17. (1) A meeting for the consideration or transaction
of business, or for the election of a Commissioner, may be
called at any time by the Commissioners or one of them, or by
the proprietors of any plantations possessing twenty-five
votes or upwards.
(2) The person calling a meeting shall give notice
of the time and place thereof by notice in the Gazette and in
one other newspaper circulating in the county of Demerara, at
least eight days before the meeting, and by sending through
the post office a written or printed notice addressed to the
proprietor of each plantation.
(3) Every meeting shall be held at some convenient
place to be appointed by the person calling it.
(4) No business shall be transacted at any meeting
at which there are not actually present proprietors of
plantations, or the attorneys of proprietors of plantations,
having at least one hundred votes.
18. A proper record shall be kept, in a book to be
provided for that purpose, of all business transacted at any
meeting of proprietors.
MISCELLANEOUS PROVISIONS
19. (1) For the more effectual carrying out of the
purposes of this Act, the Minister may, by order, order –
(a) that the number of Commissioners be
increased, and as to the mode of
election or appointment and the
powers of the Commissioners or of
any Commissioner;
(b) that any plantation shall be deemed to
Orders of
Minister.
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be included in the Schedule, and what
the area of that plantation shall be
deemed to be for the purposes of this
Act;
(c) that the Commissioners do execute or
refrain from executing any work, or
alter or remove any work previously
executed;
(d) that the cost of a work shall be
apportioned on any specified area
determined by the Minister; and
(e) that compensation shall be made by
the Commissioners to anyone
prejudicially affected by any work
and in that case-
(i) compensation shall be paid out
of moneys raised or to be raised
by an assessment made by the
Commissioners on the
plantations or on such
plantations as the Minister
directs; and
(ii) where any question arises as to
the proper amount of the
compensation to be paid, the
Minister may, if he sees fit,
order that the question at issue
shall be determined in a
summary manner by the High
Court, and thereupon that
question shall be heard and
determined by the High Court,
and may be so heard and
determined in vacation or
during non-session of the
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order.

Appeal against
actions of the
Commission-
ers.

Penalty for
damage.
[6 of 1997]

Court.
(2) On failure by the Commissioners to carry out
any order aforesaid of the Minister within the period
prescribed by the order or by any subsequent order, the
Minister may direct the Chief Works and Hydraulics Officer
to carry out the said order who may thereupon enter upon
any lands in the possession or control of the Commissioners,
or otherwise subject to this Act, for that purpose, and the
Minister may direct the Commissioners to pay the expenses of
carrying out the order by assessment on the plantations or on
such plantations as he directs.
20. (1) Anyone who considers that any work proposed
to be executed by the Commissioners will affect him
prejudicially, or who is aggrieved by any action of the
Commissioners, may apply by petition to the Minister, and
the Minister may make such order therein as may be just.
(2) Any order made by the Minister under this
section shall be binding on all parties concerned, and shall not
be subject to appeal.
21. (1) Everyone who without lawful excuse wilfully
damages any dam, trench, outfall, koker or sluice in the
possession or under the control of the Commissioners shall be
liable on summary conviction to a fine of not less than four
thousand eight hundred and seventy-five dollars and not
more than forty-eight thousand seven hundred and fifty
dollars, or to imprisonment for three months, and the
Commissioners, or the proprietor of any plantation, may
prosecute any charge for the damage.
(2) Wherever damage has occurred to any dam,
trench, outfall, koker, or sluice in the possession or under the
control of the Commissioners, the Commissioners may assess
upon and recover from any plantation immediately adjoining
the property so damaged a sum in compensation for that
damage, including the loss of any water occasioned thereby:
Enforcement of
conviction.
damage if no
Assessment of
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Tenure of State
lands aback of
second depth of
plantations.
Schedule.
Provided that where the proprietor of the plantation
satisfies the Commissioners that someone has been
prosecuted to conviction for the damage he shall not be liable
to be so assessed.
(3) The provisions of the last preceding section, as
regards the authority of the Minister, shall apply to the
assessment last aforesaid.
22. (1) The State lands aback of any plantation in cane
cultivation mentioned in the first column of the Schedule,
which are not held by transport, by letters of decree, or by
grant from the State, lying between the prolongations of the
side lines of that plantation up to the grant or licence of
occupancy by virtue of which the Commissioners now hold
or may hereafter hold the State lands on which the canal
mentioned in section 10 is to be dug, whether they exceed in
area five hundred acres or not, shall be granted for all intents
and purposes to the proprietor of that plantation on a licence
of occupancy during the President’s pleasure issued by the
Minister and recorded by the Commissioner of Lands.
(2) The acre money payable in respect of the
second depth of any such plantation shall be at the rate of
thirty-two one thousand parts of a dollar per acre, and in
respect of all land aback of the second depth at the rate of
forty-eight one thousand parts of a dollar per acre.
SCHEDULE
Plantation Acreage
Versailles cum annexis
North half Klien Pouderoyen
Vreed-en-Hoop
4,433
612
1,189
58 of 1981]
O. 16/1981
O. 44/1976
60/1965
59/1965
107/1963
78/1960
41/1960
32/1958
[O. in C.
ss. 2, 8 & 22.


_________________
Bushy Park 262.27 Orangestein 625
Le Destin 300
stFarm – 1 Depth 294
stRuby – 1 Depth 200
La Retraite 593
Toevlugt 576
Nismes 653
La Grange 1,135
Canals polder cum annexis 16,211
Wales cum annexis 15,750
Good Hope cum annexis 197.26
Vergenoegen cum annexis 5,288
Uitvlugt cum annexis 13,394
Leonora cum annexis 7,572
Fellowship 304
Den Amstel 630
Blankenburg 1,322
Hague 1,706
La Jalousie 1,239
Windsor Forest 985
Ruimzigt 649
Wallers Delight 510.8901
Harlem and Mary 231
Rotterdam 191.8981
L’Union and Nouvelle Flanders 309.0910
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SUBSIDIARY LEGISLATION
_________________
O. 32/1958
59/1965 PLANTATIONS (APPLICATION OF ACT)
ORDER
made under section 19(1)(6)
Citation. 1. This Order may be cited as the Plantations
(Application of Act) Order.
Inclusion in
Schedule to
Act.
O. 32 /1958
2. The plantations described in the Schedule shall be
deemed to be included in the Schedule to the Act.

SCHEDULE
1. North Klien Pouderoyen containing an area of 635
English acres and constituted as follows:
That area about the northern portion of Plantation Klien
Pouderoyen on the West Bank of the Demerara River
commencing on the West Bank of the Demerara River at the
eastern extremity of the common boundary between
Northern Klien Pouderoyen and Plantation Vreed-en-Hoop,
and its boundaries extend thence southward along the West
Bank of the Demerara River to a line 82 feet from and parallel
to the common boundary between Northern Klien
Pouderoyen and Plantation Vreed-en-Hoop, thence
westwards along the aforesaid line to its intersection with the
eastern edge of the trench west of and adjacent to the Public
Road, thence in a southerly direction along the eastern edge
of the trench aforesaid to its intersection with the
prolongation eastward of a line 50 feet north of and parallel to
20 Boerasirie Creek
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[Subsidiary] Plantations (Application of Act) Order
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the northern boundary of the section known as Lot C as
shown on a plan by S.S.M. Insanally dated 6th February, 1930,
on record in the Department of Lands and Mines, thence
westward along the prolongation of and the latter line
aforesaid 50 feet north of and parallel to the northern
boundary of the section known as Lot C to its intersection
with the prolongation northward of the eastern boundary of
Lot 1 in the section known as Killarney, as shown on plan by
D.O. Leila dated 21st March, 1947, on record in the
Department of Lands and Mines, thence southward along the
prolongation of and the eastern boundary of Lot 1 Killarney
aforesaid to the common boundary between Northern and
Southern Klien Pouderoyen, thence westward along the
aforesaid boundary between Northern and Southern Klien
Pouderoyen, to the common boundary on the West between
Northern Klien Pouderoyen and Plantation Windsor Forest,
thence northward along the aforesaid common boundary
between Northern Klien Pouderoyen and Plantation Windsor
Forest to the common boundary on the north between Klien
Pouderoyen and Plantation Windsor Forest thence eastward
along the aforesaid common boundary between Northern
Klien Pouderoyen and Plantation Windsor Forest and the
common boundary between Northern Klien Pouderoyen and
Plantation Vreed-en-Hoop to the point of commencement.
2. Good Hope cum annexis situated on the East Bank,
Essequibo River, containing an area of 200 English acres and
constituted as follows:
That triangular piece of land adjoining the Boerasirie
Conservancy dam in the rear of Plantations Good Hope,
Ruby, Farm and Le Destin, situated on the East Bank of the
Essequibo River, and commencing at the junction of the
prolongation in a southerly direction of the common
boundary between Plantations Greenwich Park and Good
Hope with the Boerasirie Conservancy dam aforesaid, and
extending thence in a westerly direction along the Boerasirie
21 Boerasirie Creek
LAWS OF GUYANA
Cap. 50:05
[Subsidiary] Plantations (Application of Act) Order
L.R.O. 1/2012
Conservancy dam to its junction with the Kent Dam thence in
a north-easterly direction along the said Kent Dam to its
junction with the prolongation of the common boundary
between Plantations Greenwich Park and Good Hope, thence
in a southerly direction along the prolongation of the
common boundary between Plantations Greenwich Park and
Good Hope to the point of commencement.
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22 Boerasirie