L.R.O. 1/2012
LAWS OF GUYANA
DRAINAGE AND IRRIGATION ACT
CHAPTER 64:03
Act
10 of 2004






1 – 59 ... 1/2012
(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
LAWS OF GUYANA
2 Cap. 64:03 Drainage and Irrigation
L.R.O. 1/2012
Index
of
Subsidiary Legislation

This Chapter contains no subsidiary legislation.




Note
on
Repeal
This Act repeals the Drainage and Irrigation Act, No. 25 of 1940.

LAWS OF GUYANA
Drainage and Irrigation Cap. 64:03 3
L.R.O. 1/2012
CHAPTER 64:03
DRAINAGE AND IRRIGATION ACT
ARRANGEMENT OF SECTIONS

SECTION
PART I
PRELIMINARY
1. Short title.
2. Interpretation.
3. Objects of the Act.
4. Saving the declared drainage and irrigation areas.
5. Powers of the Minister.
PART II
ESTABLISHMENT, ORGANISATION, DUTIES
AND CO-ORDINATION
6. Establishment and incorporation of the Authority.
7. Constitution of the Board.
8. Functions of the Board.
9. Act to have overriding effect.
10. Relationship with Sea Defence Board.
11. Relationship with Conservancy Boards.
12. Relationship with other entities and authorities.
13. Guidelines for co-ordination
PART III
FUNCTIONS OF THE AUTHORITY
14. General functions of the Authority.
15. Establishment of regional offices.
16. Delegation.

LAWS OF GUYANA
4 Cap. 64:03 Drainage and Irrigation
L.R.O. 1/2012
SECTION
PART IV
DELEGATION OF DRAINAGE AND IRRIGATION SERVICES
17. Right of farmers to form associations.
18. Delegation of management, operation and maintenance of
drainage and irrigation systems.
19. Strengthening of water users' associations.
PART V
ADMINISTRATIVE POWERS AND RESPONSIBILITIES
20. Chief Executive Officer.
21. Appointments Committee.
22. Limitation of personal liability.
23. Appointment of working groups.
24. Confidentiality.
PART VI
CONSTRUCTION, ACQUISITION AND MAINTENANCE OF
WORKS
25. Construction of new works.
26. Certain lands adjacent to works to vest in Authority.
27. Erection of fences.
28. Right to enter opposition to apply to compensation only.
29. Powers of Authority in connection with construction of
works.
30. Special powers in case of threatened flood.
31. Acquisition of works.
32. Existing works to vest in the Authority.
33. Power of Authority to remove and rebuild or alter certain
works.
PART VII
COMPENSATION
34. Right to be paid compensation.
35. Amount of compensation.
LAWS OF GUYANA
Drainage and Irrigation Cap. 64:03 5
L.R.O. 1/2012
SECTION
36. Right of claimant to require Authority to acquire whole
estate in certain cases.
37. Power of magistrate to assess compensation.
38. Right of appeal from decision of Magistrate.
39. Interpretation.
PART VIII
FINANCIAL PROVISIONS AND ACCOUNTABILITY
40. Funds and resources of the Authority
41. Investment of funds.
42. Exemption from taxes.
43. Borrowing powers.
44. Application of funds.
45. Project funds.
46. Rules for financial operations.
47. Accounts and Audit.
48. Annual report.
49. Budgets.
PART IX
GENERAL FINANCIAL PROVISIONS
50. Assessment of drainage and irrigation charges.
51. Power of Minister to approve or vary charges.
52. Publication of charges.
53. Power of Minister to modify charges.
54. Charges payable in equal moieties.
55. Unpaid charges may bear interest.
56. State or Government lands occupied by lessee or licenses to
be rateable.
57. Payment and recovery of charges.
58 Warrant of distress.
59. Power of Minister to vary and prescribe additional fees.

LAWS OF GUYANA
6 Cap. 64:03 Drainage and Irrigation
L.R.O. 1/2012
SECTION
PART X
OFFENCES AND PROSECUTIONS
60. Contravention of the Act.
61. Unlawful obstruction and damages.
62. Trespass by cattle.
63. Liability to pay expenses.
PART XI
MISCELLANEOUS
64. Conflict of interest.
65. Protection of confidential information.
66. Duty to provide information.
67. Prosecution of offences.
68. Regulations.
69. Power to enter upon lands for purposes of survey.
70. Power of Authority to require proprietor to maintain certain
properties on his estate.
71. Right of Authority to institute proceedings without payment
of fees.
72. Signature of Chief Executive Officer to be prima facie
evidence.
PART XII
TRANSITIONAL PROVISION
73. Savings, debts and claims of Drainage and Irrigation Board.
74. Transfer of assets and liabilities.
75. Existing Agreements.
76. Continuation of pending proceedings.
77. Transfer of records.
78. Bank accounts of authorities, boards repealed by Act.
79. Staff of existing body.
80. Modified application of the Principal Act.
81. Reference to existing body.
LAWS OF GUYANA
Drainage and Irrigation Cap. 64:03 7
L.R.O. 1/2012
82. Savings.
FIRST SCHEDULE - Procedural Provisions of
the Board
SECOND SCHEDULE - Form of Warrant of
Distress
THIRD SCHEDULE - Repeals
FOURTH SCHEDULE - List of Already Declared
Drainage and Irrigation
Areas.
__________________________
CHAPTER 64:03
DRAINAGE AND IRRIGATION ACT
10 of 2004
An Act to provide for the establishment of the National
Drainage and Irrigation Authority for ensuring that
water resources are located, evaluated, conserved
and utilised for the greatest national advantage
through appropriate water management strategies
and water use planning; to provide that the
drainage and irrigation systems are operated in a
sustainable manner; to provide for increased farmer
participation through water users' associations, local
government organs, farmer associations or private
entities in the planning, development, operation,
maintenance and management of the drainage and
irrigation services; to define the powers and duties of
the Authority, and for the matters related thereto or
connected therewith.
[ 29th DECEMBER, 2006]
Short title.
1. This Act may be cited as the Drainage and
Irrigation Act .

LAWS OF GUYANA
8 Cap. 64:03 Drainage and Irrigation
L.R.O. 1/2012
Interpretation.
2. In this Act –
"Appointments Committee" means the Appointments Committee of
the Authority established under section 21;
"Authority" means the National Drainage and Irrigation Authority
established by section 6;
"Board" means the Board of Directors of the Authority constituted
under section 7;
"capital costs" includes –
(a) all expenditure incurred in, and
incidental to, the making of any
survey and the preparation of any
plan, specification and estimate;
(b) all expenditure incurred in, and
incidental to, the rehabilitation work
and new work; and
(c) the amount expended as
compensation;
"cattle" means any horse, mare, gelding, colt, filly, mule, ass, buffalo,
bull, cow, ox, steer, heifer, calf, sheep, goat, swine or any other
livestock;
"chairperson" means the chairperson of the Board;
“Chief Executive Officer” means the Chief Executive Officer of the
Authority appointed under section 20;
"director" means a director of the Board and includes the
chairperson;

LAWS OF GUYANA
Drainage and Irrigation Cap. 64:03 9
L.R.O. 1/2012
First
Schedule.
"drainage and irrigation" includes drainage, irrigation,
flood control, access roads, dams and ways in
agricultural areas;
"drainage and irrigation charges" means the service charges to
over the current operation, maintenance and
management costs of the drainage and irrigation systems;
"entity" includes any association, body, person or corporation;
"flood control" means the tapping of potential flood waters
by a conservancy but does not include sea and river
defence areas covered by the Sea Defence Board;
"improved land" means the land which is drained or irrigated
or the surface of which has been levelled, graded or
raised;
"Management Committee" means the Management
Committee established by paragraph 13 of the First
Schedule;
"Minister" means the Minister responsible for drainage
and irrigation;
"officer" means any officer of the Authority:
"proprietor" includes the person in possession of an estate, the
attorney of a proprietor, the secretary of a company
owning an estate and the manager of an estate;
"public goods elements" means the primary drainage canals
and conservancies (in trapping potential flood waters) of
the drainage and irrigation systems;
"private goods elements" means the primary irrigation
canals, conservancies (in providing water for
irrigation), secondary drainage and irrigation canals
(those channels linking the primary canals to
LAWS OF GUYANA
10 Cap. 64:03 Drainage and Irrigation
L.R.O. 1/2012
First Schedule.


Objects of the
Act.

farmland) and tertiary drainage and irrigation channels
(on-farm systems) of the drainage and irrigation
systems;
"Registrar" means the Registrar of Deeds appointed under the
Deeds Registry Act;
“Secretary” means the Secretary of the Authority appointed under
Paragraph 3 of the First Schedule.
“Sea Defence Board” means the Sea Defence Board constituted
under the Sea Defence Act;
“service providers” includes water users’ associations, local
government organs, farmers associations and private
contractors involved in the delivery of drainage and irrigation
services;
water users association” means an association of farmers formed in
accordance with section 17;
“working group” means a working group established under
section 23;
“works” means any reservoir, canal, trench, drain, culvert, sluice,
koker, koker runs or training walls of outfall channels,
aqueduct, weir, dam, lock, syphon, stop off, paal off, fence, gate,
barrier, bridge, road, watch house or building used for housing
sluice operations. rangers and pumping station attendants,
which has been or which may hereafter be made, erected,
constructed or used for the purpose of drainage or irrigation
and includes any machinery, power station or pumping station
used in connection with any of the foregoing.
3. The objects of this Act are to -
(a) frame an institutional structure in terms of
water resources management strategy and
water use planning for the primary
c. 64:01
c 5:01
LAWS OF GUYANA
Drainage and Irrigation Cap. 64:03 11
L.R.O. 1/2012
purpose of locating, evaluating, conserving
and distributing water resources of the
country for agricultural purposes.
(b) establish the Authority as the
regulatory and co-ordinating agency
responsible for the operation,
maintenance, control and
management of the drainage and
irrigation and flood control system
and works and to effectively
harmonise activities to enhance
agricultural production;
(c) ensure that the existing drainage and
irrigation system and flood control
and any new expansions that are
made, are operated and maintained in
a sustainable manner;
(d) provide for cost recovery for
sustainable management of the
primary and secondary elements of
the drainage and irrigation system
and flood control;
(e) promote and provide support for
the participation of water users'
associations, farmers associations
and local government organs in the
management, operation and
maintenance of the drainage and
irrigation systems and flood control;
(f) promote participation of water
users’ associations, farmers
organisations and local government
organs in the planning, design,
management, operation and
LAWS OF GUYANA
12 Cap. 64:03 Drainage and Irrigation
L.R.O. 1/2012
Saving the
declared
drainage and
irrigation areas.
c. 64:03.
Fourth
Schedule.
Powers of the
Minister.
maintenance of the drainage and
irrigation and flood control systems;
and
(g) promote and encourage the
involvement of private sector in the
construction, management,
operation and maintenance of the
drainage and irrigation and flood
control systems.
4. (1) Notwithstanding the provisions of this Act, all the
areas already declared as Drainage and Irrigation Areas under the
provisions of the Drainage and Irrigation Act shall continue to be
so in effect and force and all publicly provided agricultural
drainage and irrigation works in these areas and lands upon which
they are located and the adjacent land shall be the property of the
Authority.
(2) The areas listed in the Fourth Schedule shall continue
to be the declared Drainage and Irrigation Areas in terms of the last
preceding subsection.
(3) The Authority shall collect charges for drainage and
irrigation and flood control services from the owner or occupier of
lands within the declared areas and at the rate approved under this
Act and such owner or occupier shall he liable to pay such charges.
5. (1) The Minister may from time to time give the Authority
directions of a special or general character in the exercise of the
powers conferred by or the duties imposed on the Authority under
this Act and the Authority shall give effect to those directions.
(2) In carrying out the development works that involve a
substantial outlay on capital account the Authority shall act in
accordance with a general programme, approved from time to time
by the Minister.
LAWS OF GUYANA
Drainage and Irrigation Cap. 64:03 13
L.R.O. 1/2012

Establishment
and
incorporation
of the
Authority
.Constitution
of the Board.
(3) The Authority shall provide the Minister with
any information the Minister requires with respect to the
operations and functioning of the Authority.
PART II
ESTABLISHMENT, ORGANISATION, DUTIES AND
COORDINATION
6. There is established a body corporate to be
known as the National Drainage and Irrigation Authority.
7. (1) There shall be a Board of Directors of the
Authority which, subject to the provisions of this Act, shall
be responsible for the policy and the general
administration of the affairs of the Authority.
(2) The Board shall consist of the following
directors –
(a) a Chairperson to be appointed by the
Minister;
(b) six directors to be nominated by the
regions and approved by the Minister;
(c) two directors to be nominated by
water users' associations;
(d) two directors to be nominated by the
Rice Producers' Association;
(e) the Ministry of Agriculture, the
Ministry of Finance, the Ministry
responsible for the sea defence, the
LAWS OF GUYANA
14 Cap. 64:03 Drainage and Irrigation
L.R.O. 1/2012

Functions of
the Board.
Lands and Surveys Commission and
the Guyana Sugar Corporation
Limited shall each nominate one
person to serve as an ex officio
director; and
(f) one director to be nominated by the Minister.
(3) The Chief Executive Officer shall be an ex officio
director.
(4) The directors of the Authority may be appointed on
such terms and conditions as the Minister may determine.
8. (1) The Board is the governing body of the Authority and
is responsible for-
(a) keeping under review the national drainage
and irrigation policy;
(b) promoting and providing support for the
establishment and development of water
users' associations and farmers associations;
(c) developing the institutional capacity of
regional or local government organs in the
management, operation and maintenance of
the drainage and irrigation systems;
(d) encouraging the participation of the
private sector in the development,
management, operation and maintenance
of the drainage and irrigations systems;
(e) the adoption of procurement procedures
relating to supplies, contracts and tenders;
(f) the approval, review, monitoring and
LAWS OF GUYANA
Drainage and Irrigation Cap. 64:03 15
L.R.O. 1/2012
Act to have
overriding
effect.
c. 70:01

Relationship
with
Sea Defence
Board.
evaluation of the annual and semi-
annual financial and technical plans
and budgets of the Authority;
(g) the supervision and control of the
functioning and activities of the
Authority;
(h) ensuring the co-ordination of plans,
programmes and activities between
the Authority, the Sea Defence Board,
Conservancy Boards and other
relevant entities;
(i) giving general directions to the Chief
Executive Officer;
(j) undertaking anything incidental or
conducive to the performance of any
of the foregoing functions.
(2) The provisions of the First Schedule shall
have effect as to the proceedings of, and otherwise in
relation to the Board.
9. Notwithstanding anything in the Mahaica-
Mahaicony-Abary Agricultural Development Authority Act
or any other written law, with effect from the commencement
of this Act any function conferred on any other person
including the power to collect drainage and irrigation charges
in any agricultural area shall be performed and rates levied
and charges collected by the Authority which shall have
power to institute proceedings therefor.
10. In relation to drainage and irrigation, the function
conferred on the Sea Defence Board under the Sea Defence
Act regarding the construction of sea and river defence works
and the care, maintenance and management of sea and river
defences shall be conducted in consultation and collaboration
LAWS OF GUYANA
16 Cap. 64:03 Drainage and Irrigation
L.R.O. 1/2012
c. 64:02.

Relationship
with
Conservancy
Boards.
c. 53:03
c.. 50:04.
c. 50:05
Relationship
with other
entities and
authorities.
Guidelines for
coordination.
with the Authority:
Provided that nothing in the foregoing provisions of this
section shall be construed as requiring consultation and
collaboration with the Authority in any case where the Minister
responsible for the sea and river defence orders the Sea Defence
Board to execute any emergency work under section 11 of the Sea
Defence Act.
11. In relation to drainage and irrigation, the conduct of
maintenance works and operation and flood control responsibilities
conferred under the East Demerara Water Conservancy Act, the
Boerasirie Creek Act and the Creeks Act shall be conducted in
consultation with the Authority.
12. (1) Save as otherwise provided by the provisions of this
section, no entity shall implement any plan or make any
alterations or changes either to its installations or to its
operations that would affect the drainage and irrigation systems in
any part of the country, without prior consultation with the
Authority.
(2) In the conduct of consultations under subsection (1),
the Authority shall consider all relevant matters, including the
comments or representations from other governmental agencies or
bodies that may be affected by the proposed plan, alterations or
changes.
13. (1) The Authority shall develop guidelines for co-
ordination for maintaining communication and institutional
linkages for the implementation of laws, policies and programmes
regarding drainage and irrigation activities.
(2) The Authority, all other governmental agencies
and other entities shall apply the guidelines referred to
subsection (1).

LAWS OF GUYANA
Drainage and Irrigation Cap. 64:03 17
L.R.O. 1/2012
General
functions of the
Authority.
PART III
FUNCTIONS OF THE AUTHORITY
14. (1) The general functions of the Authority are to –
(a) recommend a national drainage and
irrigation policy;
(b) co-ordinate the operation and
maintenance of drainage and
irrigation activities through such
measures as may be appropriate and
to make suitable recommendations
therefor;
(c) manage, operate and maintain the
drainage and irrigation systems and
related access roads and facilities
constructed or acquired by the
Authority under this Act;
(d) develop programmes and plans to
locate, evaluate, conserve and
distribute water resources for
agricultural development and for the
efficient management, operation,
evaluation and monitoring of the
drainage and irrigation systems;
(e) implement a system of financing
that separates public and private
services of the drainage and irrigation
systems and divide drainage and
irrigation infrastructure into related
public and private categories with
the result that the operation and
maintenance of the private goods
LAWS OF GUYANA
18 Cap. 64:03 Drainage and Irrigation
L.R.O. 1/2012
elements of the system are paid for
by the direct users of the services and
that upkeep of the public good
elements of the system is
supported by public revenue;
(f) develop procedures, norms, standards
including irrigation and
environmental standards and
operation schedules for the efficient
operation and maintenance for the
drainage and irrigation systems
within the regions;
(g) execute feasibility studies and
appraisals for programmed works, to
determine priorities and quality
standards for plans for the drainage
and irrigation systems;
(h) carry out capital works or contract
them to the private sector using
competitive bidding procedures;
(i) develop mechanisms and procedures
for the efficient execution of
maintenance and capital works;
(j) set, monitor and enforce the terms
and conditions subject to which
contracts are entered into by the
Authority;
(k) undertake anything incidental or
conducive to the performance of any
of the foregoing functions.

LAWS OF GUYANA
Drainage and Irrigation Cap. 64:03 19
L.R.O. 1/2012

Establishment
of regional
offices.
Delegation.
c. 28:09
Right of
farmers to form
association.
Delegation of
management,
(2) The Authority may enter into private contracts
for the discharge of its functions.
(3) In the discharge of its functions under
subsection (1)(c), (d),(e) and (f), the Authority shall encourage
consultative mechanisms to ensure the involvement of
relevant entities.
15. The Authority may establish regional offices as it
considers fit.
16. (1) The Authority may, either generally or on such
terms and conditions as it thinks fit, delegate to any authority
under the Local Democratic Organs Act or any other entity
any functions as it may determine.
(2) The Authority under the Local Democratic
Organs Act or an entity to which functions have been
delegated by the Authority under subsection (1), shall, subject
to such terms and conditions as are specified in the
delegation, do all such things as are necessary for the carrying
out of those functions.
(3) The Authority may establish the criteria
that it shall follow when delegating its functions or
authority.
PART IV
DELEGATION OF DRAINAGE AND IRRIGATION
SERVICES
17. Farmers may establish themselves into water
users' associations to actively participate in the planning,
design, management, operation and maintenance of the
drainage and irrigation systems.
18. Without prejudice to section 16(1), the Authority
may delegate the responsibility for the management,
LAWS OF GUYANA
20 Cap. 64:03 Drainage and Irrigation
L.R.O. 1/2012
operation and
maintenance of
drainage and
irrigation
systems.
Strengthening
of water users’
association.

Chief Executive
Officer.

Appointments
Committee.
operation and maintenance of the drainage and irrigation
systems to any service provider.

19. The Authority shall establish capacity-building
programmes and provide support to strengthen the capacity
for water users' associations, farmer associations or local
government organs to perform their functions in relation to the
management, operation and maintenance of the drainage and
irrigation systems effectively.
PART V
ADMINISTRATIVE POWERS AND RESPONSIBILITIES
20. (1) The Minister shall appoint the Chief Executive
Officer of the Authority on such remuneration and allowances and
other terms and conditions of service as the Minister may determine.
(2) The Chief Executive Officer shall implement the
programmes of the Authority and shall be directly responsible to the
Chairperson of the Board in the discharge of his functions.
(3) The Chief Executive Officer shall be subject to any
general or specific direction of the Board and shall ensure that the
functions of the Authority are properly discharged and objectives
achieved.
(4) Save as otherwise provided in this Act, the Chief
Executive Officer may, either generally or on such terms and
conditions as he thinks fit, delegate to any officer of the Authority,
by instrument in writing such of his powers as he thinks fit.
21. (1) There shall be a committee to be known as the
Appointments Committee of the Authority consisting of the
Chairperson and two other directors (other than the Chief Executive
Officer) to be appointed by the Minister.

LAWS OF GUYANA
Drainage and Irrigation Cap. 64:03 21
L.R.O. 1/2012

Limitation of
personal
liability.

(2) Save as otherwise provided in this Act, the
power to make appointments of, to remove and exercise
disciplinary control over, the officers and employees of the
Authority shall vest in the Appointments Committee.
(3) The Appointments Committee may delegate
to the Chief Executive Officer the power to take
disciplinary action against all or any class of the employees
of the Authority for such misconduct, and to impose such
penalties as may be specified by the Appointments
Committee.
(4) Where any power delegated to the Chief
Executive Officer under this section is exercised by the Chief
Executive Officer, any person in respect of whom the power
was exercised may appeal to the Appointments Committee in
respect of the decision of the Chief Executive Officer.
(5) Subject to regulations made by the
Minister, the Appointments Committee may regulate its
own procedure.
22. (1) Subject to subsection (2) no action, suit,
prosecution or other proceeding shall be brought or
instituted personally against a director, or an officer or
employee or any of the committees of the Authority in
respect of any act done bona fide in pursuance of the execution
or intended execution of his duties under this Act.
(2) Where a director, an officer or employee or any
of the committees of the Authority is exempt from liability by
reason only of subsection (1), the director, an officer or
employee or the committee, as the case may be, shall be liable
to the extent that it would be if the director, an officer or
employee or the committee as a servant or agent of the
Authority, so however, that if in any case the Authority or
the committee is not liable for any of the above
mentioned acts, then subsection (1) does not operate to
exempt such person as therein stated.
LAWS OF GUYANA
22 Cap. 64:03 Drainage and Irrigation
L.R.O. 1/2012
Appointment
of working
groups.

Confidentiality.
23. (1) The Board may appoint such working groups as it
deems fit, to consider and assist on any matter arising out of, or
connected with, the discharge of its functions under this Act.
(2) The Board may adopt any recommendations of a
working group either wholly or with such modification or
adaptation as the Board may determine.
24. (1) Every director, officer or employee of the Authority
shall –
(a) regard and deal with as secret and
confidential all information. documents and
matters which or knowledge of which he
may obtain as a director, officer or employee
of the Authority, as the case may be,
which relate to any of the proceedings or
business of the Authority: and
(b) not make use of any documents, matters or
information which, or knowledge of which,
he may obtain as a director, officer or
employee of the Authority, as the case may
be, for the benefit of himself or of any
other person, or otherwise than for the
purposes of the discharge of his duties as a
director, officer or employee of the
Authority.
(2) Any director, officer or employee of the Authority who
contravenes any of the provisions of subsection (1), commits an
offence and shall be liable on summary conviction to a fine of ten
thousand dollars and to imprisonment for six months.

LAWS OF GUYANA
Drainage and Irrigation Cap. 64:03 23
L.R.O. 1/2012
Construction of
new works.
PART VI
CONSTRUCTION, ACQUISITION AND
MAINTENANCE OF WORKS
25. (1) Where it appears to the Authority to be
necessary or expedient that any new works be constructed to
improve the drainage and irrigation within any area, the
Authority shall cause a plan and specification of such work,
together with an estimate of the cost thereof, to be prepared.
(2) All documents referred to in subsection (1)
shall be available for inspection by members of the public
during normal working hours, for a period of fifteen days
from the date upon which they were made available.
(3) Any person or body or local government
organ that is likely to be affected by such work, may,
within the aforesaid period of fifteen days, address a letter of
protest which shall state the grounds on which the objection
is based.
(4) Upon the expiration of the period of
inspection, the documents referred to in subsection (1) shall
be submitted to the Minister for approval.
(5) The Minister may, after taking into account
public comments regarding the construction, approve or
amend the construction of the new work.
(6) If the Minister approves the construction of the
new work he may, by order, direct the Authority to construct
the said work and notice of such decision shall be published
in the Gazette and at least one daily newspaper.
(7) If the Minister for any reason considers it
inexpedient that the works be constructed, the Authority shall
be so informed and notice of such decision shall be published
in a daily newspaper.

LAWS OF GUYANA
24 Cap. 64:03 Drainage and Irrigation
L.R.O. 1/2012
Certain lands
adjacent to
works to vest in
Authority.
Cap. 262
1953 Ed.
c. 64:02
Erection of
fences.
(8) Where the Minister approves the construction of
the new work, the Authority shall, within thirty days, deposit the
documents with the Registrar of Deeds duly authenticated by the
signature of the Chief Executive Officer of the Authority and the
Registrar of Deeds shall file the same as of records in the Deeds
Registry.
(9) With effect from the time any plan referred to in
subsection (8) is deposited with the Registrar of Deeds, all lands
wherein or whereon (together with the adjoining areas
mentioned in section 26), any works marked or delineated upon
such plan are to be constructed shall become (together with the
adjoining areas mentioned in section 26) the property of the
Authority and shall be subject to the payment of drainage and
irrigation rates.
26. (1) Save as provided by section 13(2) of the Railways
Purchase Ordinance and by section 12(1) of the Sea Defence Act, and
subject to subsection (2), all lands within twelve feet of the toe of any
dam or within a like distance of any part of any work, power house
or watch house marked or delineated on any deposited plan, and
being the property of the Authority shall, with effect from the time
such plan is deposited with the Registrar of Deeds, vest in the
Authority free from encumbrance and shall be the property of the
Authority.
(2) Where a fence is adjacent to a work (other than a
fence) the distance of twelve feet referred to in subsection (1) shall
be measured from the work:
Provided that where, at the commencement of this
subsection the distance between a work (other than a fence) and an
adjacent fence is greater than twelve feet, the land between the work
and the fence shall nevertheless continue to vest in the Authority
and shall continue to be the property of the Authority.
27. After the commencement of this Act no fence
shall be erected at a distance greater than twelve feet from an
LAWS OF GUYANA
Drainage and Irrigation Cap. 64:03 25
L.R.O. 1/2012
Right to enter
opposition to
apply to
compensation
only.
Powers of
Authority in
connection
with
construction of
works.

c. 20:05
adjacent work( other than a fence).
28. (1) Where any plan is deposited with the Registrar
of Deeds under section 25, any person who would have a
right to oppose if transport of the land referred to in section
25 were about to be passed by the owner thereof shall have
the same right to enter opposition to the registration but
opposition shall be deemed to apply only to the payment of
the compensation to the parties interested.
(2) When the matters alleged in the opposition are
disputed by any of the persons claiming the compensation or
any part thereof, the person so claiming may enter a defence
to the opposition and thereafter the proceedings shall
continue as in ordinary opposition suits; and the court shall
have full power to make any order in relation to the
opposition suit both as to granting time or otherwise
appearing to the court to be necessary in order to have the
questions at issue between the parties determined.
29. (1) When the Authority has deposited the plan for
the construction of new works with the Registrar of Deeds,
the directors and the employees or agents of the Authority,
together with such animals, vehicles and boats as may
reasonably be required, shall be entitled at all times to enter
upon and pass over any part of such area for the purpose of
constructing the works authorised in respect of the area
described in the plan.
(2) For the purposes of the construction of any
work the Authority may take and remove earth or other
materials from any where;
Provided that earth or materials shall not be taken
from any cultivated land or cultivated pasture or from any
improved land if obtainable elsewhere in the nearby area
and such activity is in compliance with the requirements of
section 11 of the Environmental Protection Act.

LAWS OF GUYANA
26 Cap. 64:03 Drainage and Irrigation
L.R.O. 1/2012
Special powers
in case of
threatened
flood.
30. (1) If at any time it appears to the Authority that there is
an imminent danger of the lands, or any part of the lands, within
any area being flooded, the Authority shall forthwith report that fact
to the Minister.
(2) The Minister may, in considering the report made
under the preceding subsection, direct the Authority to take such
action or construct or erect such works as may in the opinion of the
Authority be necessary to avert the threatened flood or to mitigate
the results should such flooding occur.
(3) For the purposes of complying with the order made
under this section, directors and employees of the Authority,
together with animals, vehicles and boats may enter, or be taken
upon any land to dig any trench, drain or canal therein and may
construct or erect any work thereon.
(4) As soon as conveniently possible after the
completion of any work constructed or erected under this section,
the Authority shall cause plans to be prepared in respect of any
lands upon which such work has been conducted and shall submit
the said plans to the Minister.
(5) Upon receipt of any plan submitted under subsection
(4), the Minister may, by order, direct that the lands marked or
delineated on the said plan shall vest in the Authority.
(6) The Authority shall forthwith deposit with the
Registrar of Deeds a copy of such plan duly authenticated by the
Chief Executive Officer and the Registrar shall file the same as of
record in the Deeds Registry and shall make such annotations on the
record as may be necessary.
(7) With effect from the time any such plan is
deposited with the Registrar of Deeds under subsection (6)
all lands wherein or whereon any works marked or
delineated upon such plan are constructed together with
LAWS OF GUYANA
Drainage and Irrigation Cap. 64:03 27
L.R.O. 1/2012
Acquisition of
works.
Existing works
to vest in the
Authority.
c. 64:02
the adjoining areas referred to in section 26 shall forthwith
vest in the Authority and shall be the property of the
Authority.
31. (1) Where the Authority considers it desirable that
any work not constructed and maintained by the Authority
shall vest in and shall become the property of the Authority
on the ground that such work is required by the Authority for
the purposes of drainage and irrigation, the Authority
shall cause plans to be prepared on which such work is
marked or delineated.
(2) The Authority shall cause one copy of the plan
to be deposited in the office of the concerned regional
democratic council.
(3) Section 26 shall mutatis mutandis apply to
procedure under this section.
(4) If the Minister approves that the work shall
vest in and become the property of the Authority, he may
by order direct that the work shall vest in and become the
property of the Authority free from encumbrance.
(5) If the Minister for any reason considers it
expedient that the work shall vest in and become the property
of the Authority, the Authority shall be so informed.
32. (1) The Authority shall cause plans to be prepared
on which are marked or delineated all drainage and
irrigation works which have been constructed,
reconstructed or maintained out of rates collected under
the Drainage and Irrigation Act or out of moneys provided
by Parliament.
(2) One copy of each plan shall be authenticated by the
signature of the Chief Executive Officer and shall be deposited with
the Registrar of Deeds who shall file the same as of record in the
Deeds Registry and shall make such annotations on the records as
LAWS OF GUYANA
28 Cap. 64:03 Drainage and Irrigation
L.R.O. 1/2012

Power of
Authority to
remove and
rebuild or alter
certain works.

Right to be paid
compensation.

Amount of
compensation.
may be necessary.
(3) With effect from the time any such plan is deposited
with the Registrar of Deeds in accordance with this section the land
whereon and wherein all works marked or delineated on such plan
are constructed together with the adjoining areas referred in
section 26 shall forthwith vest in the Authority free from
encumbrance and shall be the property of the Authority.
33. If in the opinion of the Authority it is reasonably
necessary for the efficient construction or operation of any work
that any bridge, culvert, koker, sluice, aqueduct or weir (not being
the property of the Authority) be removed or altered, the Authority
may remove and rebuild, or alter, as the case may be, any such
structure.
PART VII
COMPENSATION
34. Any person shall be entitled to compensation from
the Authority in respect of such land or loss or damage as the case
may be, who –
(a) is deprived of any land by reason of its
becoming vested in the Authority under Part
VI; or
(b) suffers actual loss or damage after the
commencement of this Act which is caused
by the construction or acquisition of any
new work or by the making of any survey
under this Act.
35. The amount of compensation to be paid to any
person shall be the current market value of the land acquired
from, and in the case of buildings, structures and trees
growing on the said land, the current replacement value or
LAWS OF GUYANA
Drainage and Irrigation Cap. 64:03 29
L.R.O. 1/2012
Right of
claimant to
require
Authority to
acquire whole
estate in certain
cases.
Power of
magistrate to
assess
compensation.
the amount of the actual loss or damage sustained by such
person:
Provided that in any case where it is possible to
remove any structure, plant or machinery from any land
and to re-erect it elsewhere the amount of compensation
to be paid in respect of such structure, plant or machinery
may, at the discretion of the Authority, be the actual cost of
dismantling, removing and re-erecting the same at current
prices.
36. In any case where the value of a portion of any
estate which becomes vested in the Authority under this Act –
(a) exceeds two-thirds of the value of the
whole estate; and
(b) in the circumstances of the case, the
portion not acquired by the Authority
cannot be beneficially occupied,
the person claiming compensation may require the Authority
to acquire and pay compensation in respect of the whole
estate.
37. (1) When the amount to be paid as compensation
under this Part cannot be agreed upon by the Authority and
the person claiming compensation, such person may lodge a
complaint in the magistrate’s court claiming compensation
from the Authority and the magistrate shall assess the
amount of compensation to be paid in accordance with this
Part.
(2) For the purposes of this section the magistrate
shall have the same powers, authority and jurisdiction, and
the procedure shall be the same, as if the matter were a
proceeding to recover a debt in a magistrate’s court without
limit as to the amount.

LAWS OF GUYANA
30 Cap. 64:03 Drainage and Irrigation
L.R.O. 1/2012
Right of appeal
from decision
of magistrate.
c. 3:04.

Interpretation.
Funds and
resources of the
Authority.
38. If either the Authority or the person claiming
compensation is dissatisfied with the decision of the
magistrate under the last preceding section, an appeal may be
made by the dissatisfied party in the manner and subject to
the conditions provided by the Summary Jurisdiction
(Appeals) Act in regard to civil cases.
39. Save where the context otherwise requires, in this
Part the expression “land” includes all buildings and
structures erected on such land and anything growing
thereon.
PART VIII
FINANCIAL PROVISIONS AND ACCOUNTABILITY
40. (1) The funds and resources of the Authority shall
consist of –
(a) such sums which the Authority shall
collect from the users of its services
as rates and charges, payments
from maintaining, repairing or
replacing any works, charges due
for services provided for private
elements, being irrigation and
agricultural drainage, or fees due
from the users of properties under
the administration and control of the
Authority;
(b) any sums donated to the Authority
by way of grants, gifts, bequests or
donations by foreign states,
international organisations, multi-
lateral lending agencies, private
individuals, foundations, corporations
or other entities;

LAWS OF GUYANA
Drainage and Irrigation Cap. 64:03 31
L.R.O. 1/2012
(c) fees paid for any process of distress or
by way of fines, penalties and all
other revenues which may become
payable to the Authority pursuant to
the provisions of any written law;
(d) such amounts borrowed by the
Authority under section 43;
(e) such sums as may be allocated from
time to time to the Authority from
loan funds;
(f) all monies earned or arising from any
property, investments;
(g) mortgages and debentures
acquired by or vested in the
Authority;
(h) all monies transferred or vested in
the Authority from the Drainage
and Irrigation Board;
(i) such amounts as may be appropriated
annually by Parliament or otherwise
made available to the Authority by
the Government for the upkeep of the
public good elements, being flood
control and general drainage or for
special purposes;
(j) all other sums, moneys or property
which may in any manner become
payable to or vested in the Authority
in respect of any miscellaneous
services or matter incidental to its
functions.

LAWS OF GUYANA
32 Cap. 64:03 Drainage and Irrigation
L.R.O. 1/2012

Investment of
funds.
Exemption
from taxes.
(2) Save and except for moneys invested in
accordance with section 41, all funds of the Authority which
do not have to be used immediately to defray expenses, as
provided for in section 44, shall be deposited by the Authority
into a hydraulic fund managed and administered by the
Board in a bank approved by the Minister.
(3) The fund established under subsection (2) shall
be instituted in such a manner so as to earmark in separate
accounts, by or among and within each region, as considered
appropriate,
(4) The Authority shall account to the Accountant
General for all moneys received by the Authority under this
Act.
(5) For the purposes of this section "loan
funds" means any sums made available to the Government
by way of loan or grant.
41. Without prejudice to provisions of section 40(2),
the Authority may, from time to time with the approval of the
Minister responsible for Finance, invest moneys which are not
required immediately to defray expenses in carrying out its
functions under this Act in such a manner as it considers fit,
but so as to preserve the principal and earn a reasonable rate
or return.
42. (1) The Authority shall be exempt from stamp
duty, corporation tax, customs duties, value-added taxes,
motor vehicle taxes, fees, charges, assessments, levies and
imposts on any income or profits or on assets which are
required for use by the Authority.
(2) The Minister responsible for Finance may, by
order, exempt the Authority from payment wholly or partly
of any tax or duty, not being a tax or duty referred to in
LAWS OF GUYANA
Drainage and Irrigation Cap. 64:03 33
L.R.O. 1/2012


Borrowing
powers.
c. 77:01
Application of
funds.
subsection (1), or rate, levy or other charge payable under any
written law for the time being in force.
43. (1) Subject to subsection (2), the Authority may
borrow, on the security of its assets, any sums required by the
Authority for meeting its obligations and discharges or for the
efficient exercise of any of its functions.
(2) Borrowing shall be effected with the approval
of the Minister responsible for finance as to the amount,
the sources of borrowing and the terms and conditions of
the loan.
(3) The Authority may not pledge its assets as
security for any loan without the approval of the Minister.
(4) The Authority is a statutory authority for the
purposes of the Guarantee of Loans (Public Corps and
Companies) Act.
44. (1) The Authority may from its funds make
payments to meet all expenses properly incurred by it for
the purpose of the exercise of its functions and, without
prejudice to the generality of the foregoing, may pay for any
of the following matters –
(a) activities, including training to
support and encourage the
formation of water users' associations
or the formation of associations of
farmers responsible for the
operation and maintenance of the
drainage and irrigation systems;
(b) the operating expenses of the
Authority, including the
remuneration of staff and directors
thereof;

LAWS OF GUYANA
34 Cap. 64:03 Drainage and Irrigation
L.R.O. 1/2012

Project funds.

Rules for
financial
operations.
(c) the capital expenses, including the
purchase, maintenance and insurance of
real and personal property of, or under the
administration and control of the Authority;
(d) any other expenses properly incurred by the
Authority for the purpose of the exercise or
discharge of its functions.
45. (1) The Authority is authorised to receive and
disburse direct financial assistance or other support for specific
projects or activities.
(2) The Authority shall keep separate accounts with
respect to sums received and disbursed for projects carried out by it
in the performance of its functions under this Act, including a
current account for current expenditure and a capital account for
capital expenditure.
46. (1) The Board may, by resolution, make rules for the
system of accounting, consistent with sound accounting and
financial standards.
(2) Without prejudice to the generality of section 14(1)(e)
and for the purpose of regulating and controlling the financial
operations of the Authority, the Authority may, with the approval
of the Minister, make rules for the system of accounting as aforesaid
in respect of –
(a) the methods to be adopted in making
payments out of the funds and resources of
the Authority;
(b) the manner in which and the officers
by whom payments are to be
approved;

LAWS OF GUYANA
Drainage and Irrigation Cap. 64:03 35
L.R.O. 1/2012
Accounts and
audit
.
(c) the sum to be retained by the
accounting officers to meet petty
disbursements and immediate
payments and the maximum sum that
may be so disbursed for any one
payment;
(d) generally as to matters necessary for
the proper administration and control
of the finances of the Authority.
47. (1) The Authority shall cause to be kept proper
accounts and other records of its transactions, and the funds
and the accounts shall be audited annually by the Auditor
General, or by an auditor appointed in each year by the
Board, with the written consent of the Auditor General.
(2) The Directors of the Board, the Chief Executive
Officer, the Secretary, and the employees of the Authority
shall grant at all reasonable times to the auditor appointed
under subsection (1) access to all books, documents, cash,
returns, securities, stores and other property of the Authority
and shall give to the auditor on request all information
within their knowledge in relation to the financial
operations of the Authority.
(3) An auditor appointed under this section shall
have power to summon and examine any person whom the
auditor thinks fit to examine for purposes of obtaining
information in connection with the examination and audit
of the accounts of the Authority any other matter and things
whatever necessary for the due performance of the functions
vested in him.
(4) Any person summoned under subsection (3)
who, without reasonable excuse, makes default in obeying
the summons shall be guilty of an offence and liable on
summary conviction to a fine of two thousand dollars and
LAWS OF GUYANA
36 Cap. 64:03 Drainage and Irrigation
L.R.O. 1/2012

Annual report.

Budgets.
imprisonment for three months.
48. (1) The Authority shall not later than six months after
the end of each financial year submit to the Minister an annual
report containing -
(i) an account of its functioning
throughout the preceding financial
year in such detail as the Minister
may direct;
(ii) an audited statement of accounts of
the Authority audited relating to that
calendar year in accordance with
section 47;
(iii) a report on specific projects,
programmes or activities under
sections 44 and 45;
(iv) any general directions given to the
Authority by the Minister pursuant to
section 5.
(2) Where the accounts of the Authority are kept by
reference to a financial year different from the calendar year, the
expression “calendar year" in this section shall be read with respect
to the Authority as if the expression “financial year” were
substituted therefor.
49. (1) The Authority shall, not later than ninety days
before the end of each financial year or such earlier time as
required by the Minister responsible for finance, prepare and
submit to the Minister an annual budget for the next
financial year, containing a revenue and expenditure budget,
a capital budget, a cash flow projection, and the contracts to
be financed indicating separately the amounts that may be
required to be expended in foreign currencies, in such form as
the Minister directs or as required by the Minister
responsible for Finance.

LAWS OF GUYANA
Drainage and Irrigation Cap. 64:03 37
L.R.O. 1/2012

Assessment of
drainage and
irrigation
charges.
(2) The Minister shall consult with the Authority
on the budget and, when approved by him, the budget shall
be transmitted to the Minister responsible for finance not later
than forty days before the end of each financial year.
(3) The Authority shall prepare three-year roll over
work-plans and projected budgets on an annual basis, which
shall be submitted to the Minister together with the annual
budget.
PART IX
GENERAL FINANCIAL PROVISIONS
50. (1) The Authority, with the approval of the
Minister, shall in respect of each year fix rates and charges for
drainage and irrigation services provided by it.
(2) In fixing charges under subsection (1), the
Authority may fix different rates for drainage and irrigation
services provided for different areas, different farming
patterns or forms of land use.
(3) In fixing rates under this section, the Authority
shall pay due regard to the following matters –
(a) the cost of operating and maintaining
the drainage and irrigation systems
on a national and regional basis and
by locality where appropriate;
(b) the annual current operation and
maintenance costs and the long term
rehabilitation costs;
(c) the cost of the administration of the
Authority;
(d) such other appropriate factors as the
Minister may require the Authority to
LAWS OF GUYANA
38 Cap. 64:03 Drainage and Irrigation
L.R.O. 1/2012

Power of
Minister to
approve or
vary charges.
Publication of
charges.
Power of
Minister to
modify
charges.
Charges
payable in
equal moieties.
Unpaid charges
consider with a view to ensure the
efficient and adequate drainage and
irrigation systems:
Provided that no plot whereupon any
church, temple, mosque, chapel, registered burial and
cremation ground or school or other building devoted to the
purposes of religion or education is erected shall be liable
to assessment under this section.
51. The Authority shall submit the rates assessed in
accordance with section 50 to the Minister who may vary
or approve any such charges with due consideration to the
financial sustainability of the Authority.
52. (1) The Authority shall publish all rates as finally
approved by the Minister in the Gazette and in at least one
daily newspaper of national circulation, specifying the rates
assessed for ch area.
(2) Each notice shall contain a statement that the
rates therein may be varied by the Minister.
53. The Minister shall have power at any time to
modify any rate fixed by the Authority and approved by him
under this Act.
54. (1) All charges may be paid in equal moieties
which shall be due for payment on the 1st February and the 1st
July, respectively, in the year following the date of the annual
assessment.
(2) Each moiety shall be paid on or before the last
day of the month in which payment is due and failure to pay
the first moiety on or before the last day of February in any
year shall render the whole amount immediately payable,
55. The Authority may, at its discretion, direct that
LAWS OF GUYANA
Drainage and Irrigation Cap. 64:03 39
L.R.O. 1/2012
may bear
interest.

State or
Government
lands occupied
by lessee or
licensee to be
rateable.

Payment and
recovery of
charges.
c. 7:02
c. 60:02
any unpaid charges shall bear interest at a rate per annum
determined by the Authority from the date payment becomes
due up to the date of payment or enforcement under the
provisions of this Act, as the case may be.
56. (1) State or Government lands held under any
lease or occupied or used under any licence or permission
shall be liable to be charged but only the right, title or interest
of the lessee, licensee or permittee of such land shall be taken
in execution.
(2) Where during the year or any part of the year
to which the annual charge assessed and approved as
aforesaid relates, State or Government lands which were not
assessed at the time of the assessment of the annual charge
are held under any lease, or are occupied under any licence
or permission, such lands shall be assessed and shall be liable
to be charged to the amount of such annual charge as
aforesaid in respect of the year or the part of the year as the
case may be.
57. (1) All charges, together with interest, if any, in
respect of an estate shall be paid by the proprietor to the
Authority or to an officer directly authorised by the Authority
in that behalf, and in default of payment by the
proprietor the Authority may recover the charges with
interest (if any) and cost by parate or summary execution
(except as hereinafter provided) against the proprietor of that
estate without naming him or by an action in the magistrate's
court or in the High Court, and all proceedings and
process shall be at the instance of the Authority.
(2) The whole or any part of the charges and
interest (if any) due in respect of an estate may be enforced
against the estate and any other estate belonging to the same
proprietor.
(3) The provisions of the Limitation Act and
the Title to Land (Prescription and Limitation) Act or any
LAWS OF GUYANA
40 Cap. 64:03 Drainage and Irrigation
L.R.O. 1/2012

Warrant of
distress.
other statute or limitation shall not, in so far as they prescribe
a period of limitation within which a sum of money may be
recovered, apply to a claim by the Authority for a sum of
money and whether or not such sum would have been
irrecoverable prior to the enactment of this subsection by
virtue of either of the said enactments.
(4) Where by virtue of subsection (3), a sum of
money is claimed as charges due in respect of an estate from
the proprietor thereof for a period when he was not the
proprietor any sum of money paid by him in satisfaction of
that claim shall, subject to any agreement to the contrary, be
deemed to be money paid by him at the request of the person
who was the proprietor during the said period.
58. (1) Where the amount of the charges due in respect
of an estate does not exceed the sum of ten thousand dollars
the same shall not be recovered by parate or summary
execution in the first instance, but the Authority may make
application to the magistrate of the magisterial district in
which the estate is situate, who may grant a warrant of
distress for the recovery of the amount, whereunder and by
virtue whereof the movable property upon that estate or in
any house or houses thereon may be levied on and sold for
the amount of the charges and interest (if any) and costs.
(2) The movable property as aforesaid shall be sold
in a public place by a person duly authorised by the
magistrate, and notice of the sale shall be given in the manner
directed by the magistrate not less than eight clear days
previously, and the proceeds thereof, after payment of costs,
shall be applied in payment of the charges and interest (if
any) and the surplus, if any, shall be paid over to the
proprietors.
(3) A magistrate may at any time revoke or
suspend the operation of a warrant.

LAWS OF GUYANA
Drainage and Irrigation Cap. 64:03 41
L.R.O. 1/2012

Second
Schedule.
Power of
Minister to
vary and
prescribe
additional fees.
Cap. 46:03

Contravention
of the Act.
(4) Every warrant of distress issued under this
section shall be in the form in the Second Schedule.
(5) Every warrant of distress issued under this
section shall be executed in the same manner as warrants of
distress issued by a magistrate in the exercise of his summary
jurisdiction.
(6) Process for parate or summary execution shall
be for any charges where the amount thereof does not exceed
the sum of ten thousand dollars if there is produced with the
summation a certificate signed on behalf of the Authority to
the effect that there is no movable property whereon to levy,
or that that property has proved insufficient, or in any case
where a levy has been made, if there is produced a return to
the same effect by the officer making the levy.
(7) All fees for the process of parate or
summary execution, travelling expenses and administrative
fees, including fees for summation and service,
endorsement of the writ of execution, act of levy, inventory
and advertisement of sale, transport, commission and all
other related matters not hereinafter enumerated shall be
recoverable as costs in the matter of that process.
59. The Minister may, by order, substitute other fees
for those prescribed and prescribe fees for any process in
respect of which no fee has been prescribed; until fees are
prescribed, the fees in the Fourth Schedule to the repealed
Drainage and Irrigation Act shall apply.
PART X
OFFENCES AND PROSECUTION
60. (1) No person shall contravene any provision of this Act
or any regulations made hereunder.
(2) Any person who contravenes subsection (1) shall be
LAWS OF GUYANA
42 Cap. 64:03 Drainage and Irrigation
L.R.O. 1/2012

Unlawful
obstruction and
damages.
Trespass by
cattle.
guilty of an offence and shall, subject to this Act, be liable on
summary conviction to a fine of twenty-five thousand dollars and to
imprisonment for three months unless stated otherwise in this Act.
61. Any person who –
(a) obstructs, resists or assaults any member of
the Authority or any person employed by
the Authority or by any agent of the
Authority acting in the execution of his duty
under this Act; or
(b) wilfully performs any act where the efficient
operation of any work is impaired; or
(c) maliciously damages any work or any part
thereto; or
(d) unlawfully abstracts any water from any
work or unlawfully obstructs or otherwise
interferes with the flow of any water within
the drainage and irrigation system
maintained by the Authority,
shall be guilty of an offence and shall be liable on summary
conviction to a fine of twenty-five thousand dollars and to
imprisonment for three months.
62. (1) Any person who, having the custody or control
or, cattle, permits such cattle to trespass upon any work or
upon any of the lands adjacent to any work, being the lands
vested in the Authority by virtue of the application of the
provisions of this Act shall be guilty of an offence and
shall be liable on summary conviction to a fine of five
thousand dollars and to imprisonment for three months:
Provided that it shall be a good defence to a charge
made under this section to prove that the trespass was not due
LAWS OF GUYANA
Drainage and Irrigation Cap. 64:03 43
L.R.O. 1/2012
c. 71:04
Liability to pay
expenses.

Conflict of
to the wilful act or neglect of the person charged or of his
servants or agents.
(2) Any cattle found trespassing upon any work or
land specified in the preceding subsection may be seized and
impounded by any member of the police force or of the rural
constabulary, or by any person authorised in writing in that
behalf by the Authority.
(3) Any cattle impounded under this section shall
be impounded in the nearest pound and the provisions of
the Pounds Act shall apply to that impounding.
(4) Any swine found straying upon any work or
land specified in subsection (I may be destroyed by any
person authorised to impound cattle by that subsection and
the carcasses of the swine shall be the property of the
Authority.
63. (1) Where the Authority incurs expense in repairing
any injury done to the property of the Authority by any act
which is an offence under this Act, or where any property of
the Authority is damaged by any such act and any person
convicted thereof the magistrate shall order the offender to pay
to the Authority the amount of such expense or damage.
(2) A certificate duly signed by the Chief Executive
Officer of the Authority shall be prima facie evidence of the
amount of the expense or the damage incurred or suffered
by the Authority.
(3) An order made under this section shall be of the same
force and effect and shall be enforceable in the same manner as
if it were a judgment of a magistrate's count in civil action.
PART XI
MISCELLANEOUS
64. (1) Where any director, or any officer or employee of the
LAWS OF GUYANA
44 Cap. 64:03 Drainage and Irrigation
L.R.O. 1/2012
interest.
Protection of
confidential
information.
Authority, has any actual reasonably perceived interest in a matter
which would otherwise come before such individual as part of the
consideration or other action to be taken by the Authority, whether
such interest is direct or indirect or arises because of a potential
financial interest or an immediate family relationship, such director
or such officer or employee shall declare the nature of such interest
at the first practicable opportunity.
(2) Without prejudice to the generality of the foregoing,
any director whose interest is likely to be affected, whether
directly or indirectly, pecuniary or otherwise, by a decision of the
Board on any matter whatsoever, shall disclose the nature of the
interest at the first meeting of the Board at which that matter is
presented.
(3) For the purposes of this section, the interests of a
director and immediate family relationship include the interests of a
parent, spouse or child of any director.
65. (1) No director, or any officer or employee of the
Authority who has acquired information in performing any of his
functions or duties under this Act shall, without express consent of
the Chairperson or Chief Executive Officer, disclose to any person
any such information except -
(a) to a director, or an officer or employee of the
Authority for the purpose of the
performance of his duties or the exercise of
his functions under this Act;
(b) when he is required to do so in
accordance with the provisions of this
Act; or
(c) when he is lawfully required to make
disclosure by a court of competent
jurisdiction.

LAWS OF GUYANA
Drainage and Irrigation Cap. 64:03 45
L.R.O. 1/2012

Duty to
provide
information.

Prosecution of
offences.
Regulations.
(2) Any person who contravenes the provisions of
subsection (1) shall be guilty of an offence and shall be liable
on summary conviction to a fine of twelve thousand dollars
and to imprisonment for three months.
66. Where information is stored by means of a
mechanical, electronic or other device, any duty imposed
upon the Authority by this Act or any other written law to
produce the document recording that information shall be
construed as a duty to provide a document containing a clear
written or graphical reproduction of the information.
67. Any offence under this Act or the regulations may
be prosecuted and enforced in a court of summary
jurisdiction.
68. (1) The Authority, with the approval of the
Minister, may make regulations for the proper execution and
carrying out of the purposes and provisions of this Act.
(2) Without prejudice to the generality of
subsection (1). the Authority may make regulations for –
(a) the amount of fees or charges or a
system for fixing fees or charges for
drainage and irrigation services or
any other matter under this Act;
(b) the recovery of fees or charges
payable under paragraph (a);
(c) the recovery of costs and expenses
incurred in carrying out any work
done as a consequence of any default
by any person in complying with this
Act or regulations;
(d) procedures related to supplies,
LAWS OF GUYANA
46 Cap. 64:03 Drainage and Irrigation
L.R.O. 1/2012
Power to enter
upon lands for
purposes of
survey.
contracts and tenders, variation of
contracts and payment procedures;
(e) procedures for performance
appraisals, reward management and
salary systems;
(f) procedures for operation and
maintenance at the national and
regional level;
(g) compensation for damage or
destruction of any property in the
exercise or any powers conferred by
this Act;
(h) the distribution. of restriction of the
use of water;
(i) the regulation of the drainage and
irrigation of any area;
(j) the prevention of pollution of water
contained in or passing through any
work;
(k) generally to give effect to the objects
and purposes of this Act.
69. (1) For the purposes of any survey required or
considered by the Authority to be necessary for the
purpose of this Act, the directors and officers and
employees of the Authority, together with such cattle,
vehicles and boats as may reasonably be required for the
purposes of such survey, may enter or be taken upon any
lands in Guyana.
(2) For the purposes of any survey made under this
section the Authority may erect or set up such trigonometrical
LAWS OF GUYANA
Drainage and Irrigation Cap. 64:03 47
L.R.O. 1/2012
Power of
Authority to
require
proprietor to
maintain
certain
properties on
his estate.

Right of
authority to
institute
proceedings
without
payment of
fees.
Signature of
Chief executive
officer to be
prima facie
stations, beacons, paals or poles and do all such things as may
be reasonably necessary for such survey.
70. (1) Where the proprietor of any estate wilfully or
negligently tails to repair or maintain any dam, sluice, koker,
canal or trench on his estate and such failure endangers the
safety, or materially impairs the efficiency of any work being
the property of the Authority, the Authority may, by notice in
writing, require the said proprietor forthwith to effect such
repairs to his dam, sluice, koker, canal or trench as may be
specified in the said notice.
(2) Where any proprietor –
(a) fails within such time as is prescribed
in any notice under the preceding
subsection to commence repairs
specified in the notice: or
(b) having commenced effecting the
repairs specified in any notice,
unreasonable delays completing such
repairs, the Authority may itself effect
the necessary repairs,
as the case may be, and any expenditure incurred by the
Authority under this subsection shall be recoverable from the
proprietor of the estate concerned.
71. No fees shall be charged in respect of any
action, proceeding, prosecution or process instituted or
ordered under this Act, or under the regulations made
hereunder, by, or on the application of the Authority.
72. The signature the Chief Executive Officer subscribed to
any document containing a statement of the amount of charges due
shall, without proof of' any other matter or thing, be held to be in all
courts prima facie evidence of the amount claimed being due and
LAWS OF GUYANA
48 Cap. 64:03 Drainage and Irrigation
L.R.O. 1/2012
evidence.

Savings, debts
and claims of
Drainage and
Irrigation
Board.
Cap. 64:03.
Transfer of
assets and
liabilities.

correct.
PART XII
TRANSITIONAL PROVISIONS
73. (1) All debts and moneys due from or to the Drainage
and Irrigation Board established by the Drainage and Irrigation Act
repealed by this Act, or any person on their behalf, shall be payable
and paid by or to the Authority and shall be recoverable from or by
the Authority by the same ways and means, and subject to the same
conditions, as the same would or might have been recoverable from
or by the Drainage and Irrigation Board had this Act not been
enacted.
(2) For the purposes of this section, all debts and moneys
due from or to the Drainage and Irrigation Board includes all
assessments and all notices published or served under the Drainage
and Irrigation Act repealed by this Act in relation to charges payable
to the Drainage and Irrigation Board.

(3) Any payment of charges made in advance under
the Drainage and Irrigation Act repealed by this Act shall be
deemed to be payment of such charges made in advance under
this Act.
74. (1) The movable and immovable assets of the Drainage
and Irrigation Board are hereby transferred to and vested, without
further assurance, in the Authority.
(2) Liabilities incurred by the Government,
exclusively for the purposes of the' Drainage and Irrigation
Board, or incurred therefor under agreements duly contracted
in carrying out its functions by the Board before the
commencement of this Act shall be discharged by, and
enforceable against, the Authority as if the said liabilities had
been incurred by the Authority.

LAWS OF GUYANA
Drainage and Irrigation Cap. 64:03 49
L.R.O. 1/2012
Existing
agreements.

Continuation of
pending
proceedings.

Transfer of
records.

Bank accounts
of authorities,
Boards,
repealed by this
Act.
75. All deeds, grants, purchases, sales, covenants,
agreements, contracts, obligations, undertakings and
liabilities which have been executed, made or entered into
by the Drainage and Irrigation Board and in force
immediately before the commencement of this Act shall have
effect as if the same had been executed, made or entered into
by or with the Authority and may be enforced by or against
the Authority accordingly.
76. All proceedings for the enforcement of any rights
and liabilities accrued before the commencement of this Act
and which are transferred or attached to the Authority by
virtue of the provisions of this Part may be continued by or
against the Authority, and the proceedings may be amended
accordingly.
77. (1) All documents, books, papers, plans or other
records belonging to the Drainage and Irrigation Board,
howsoever stored, are hereby transferred to and become the
property of the Authority.
(2) All persons who, at the commencement of
this Act, have in their possession or under their control any
documents, books, papers, plans or other records belonging
to the Drainage and Irrigation Board, howsoever stored, shall
be liable to account and deliver up the same to the Authority,
or such person as the Authority may appoint to receive the
same.
78. (1) Where any authority or board established by
any Act repealed by this Act has an account with any bank in
Guyana the said account shall, with effect from the
commencement of this Act, be transferred to the name of the
Authority as the holder of such account and any sum
standing to the credit of any such board or authority shall,
with effect from the commencement of this Act, vest in
the Authority as fully and effectually as if all operations in
connection with the said account had been transacted, or
entered into, by the Authority by name.
LAWS OF GUYANA
50 Cap. 64:03 Drainage and Irrigation
L.R.O. 1/2012

Staff of existing
body.
Modified
application of
the (Principal)
Act.
c. 64:04
References to
existing body.
(2) Any sum transferred from any authority or board to
the Authority under this section shall be credited by the Authority
to the account of the regional drainage and irrigation area over
which a regional office has been established pursuant to this Act.
79. Where, from the commencement of this Act, the
Authority continues to employ any person employed in the
Drainage and Irrigation Board before the commencement of this Act,
the person shall be employed on such terms and conditions as
agreed between the Authority and the person:
Provided that any such person who is employed by the
Authority shall be employed on terms and conditions which,
taken as a whole, are no less favourable than those applicable
to the person immediately before the commencement of this
Act.
80. (1) Notwithstanding the provisions of this Act, the
provisions of the Drainage and Irrigation (Declaration of Areas)
Act shall remain in force in so far it relates to the application of the
terms of the Subsidiary Agreement between the Government of
Guyana and GUYSUCO.
(2) The capital costs (within the meaning of the
expression in this Act) of the construction of the works to be carried
out under the Subsidiary Agreement shall be defrayed out of
moneys provided by and in accordance with the said
Subsidiary Agreement:
Provided that GUYSUCO shall reimburse the
Government for any additional funds provided by
Government under the Agreement for the construction of the
works if the cost of the construction thereof exceeds the
estimated cost thereof.
81. Any references to the Drainage and Irrigation
Board in any written law, instrument or document of any
LAWS OF GUYANA
Drainage and Irrigation Cap. 64:03 51
L.R.O. 1/2012
Savings.
c. 64:03.
[repealed
by this act]

Repeal of
inconsistent
laws.
s.6

Duration of
office.
Vice-
Chairperson.
Secretary.
Reporting.
Remuneration.
kind, subsisting or in force on the commencement of this Act
shall be construed and have effect as a reference to the
Authority.
82. Notwithstanding anything contained in this Act,
any regulations made under the Drainage and Irrigation Act
shall continue in force until such time as new regulations
under this Act are made to replace those regulations.
83. Where any provision of any law set out in the
Third Schedule is in conflict or inconsistent with a provision
of this Act, the provision of this Act shall prevail and the
Minister shall by order repeal such provision which is
inconsistent or in conflict with the provision of this Act.
____________
FIRST SCHEDULE
PROCEDURAL PROVISIONS OF THE BOARD
1. The Chairperson and every director except the
Chief Executive Officer shall be appointed for a term not
exceeding two years, and under such terms and conditions of
service as the Minister may fix in the instrument of
appointment and may be eligible for re-appointment.
2. The Board shall select from among its directors a
Vice-Chairperson.
3. There shall be a Secretary to the Board and such other
employees of the Authority as the Authority deems necessary for
the purposes of carrying out its functions.
4. The Secretary shall report to the Chief Executive Officer.
5. The remuneration and other terms and conditions of
appointment of the Secretary and other officers and employees of
LAWS OF GUYANA
52 Cap. 64:03 Drainage and Irrigation
L.R.O. 1/2012
Resignation.
Co-option of
members.
Removal of
member of
Board.
Disclosure of
interest.
the Authority shall be such as may be determined by the Authority
with the approval of the Minister.
6. The Chairperson may resign from office by an instrument
in writing addressed to the Minister, and any other member of the
Board may resign from office by an instrument in writing addressed
to the Chairperson.
7. The Board may co-opt any person to attend any particular
meeting to assist the Board in dealing with any matter, but no such
co-opted person shall have the right to vote.
8. (1) The Minster may remove the chairperson or any
director of the Board if the chairperson or that director –
(a) becomes incapable of carrying out his duties;
(b) becomes bankrupt or compounds with his
creditors;
(c) is convicted of any offence;
(d) is guilty of misconduct;
(e) fails to comply with paragraph 9:
Provided that the Chairperson or that director shall
not be removed under subparagraph (d) unless he has been
given a reasonable opportunity of being heard.
(2) It shall be an implied term of the appointment
of the Chairperson or any director of the Board that the
appointment shall terminate if he is convicted for any offence
under this Act or any other offence, the commission of
which involves dishonesty.
9. (1) Any director who has an interest, directly or
indirectly, in any matter before the Board –
LAWS OF GUYANA
Drainage and Irrigation Cap. 64:03 53
L.R.O. 1/2012
Gazetting of
appointments.
Demitting
office.

Meetings of the
Board.
(a) shall disclose the nature of the interest
to the Board; and
(b) shall not take part in any deliberations
or decisions of the Board with respect
to that matter.
(2) A disclosure under this section shall be
recorded in the minutes of the Board.
10. The names of the Chairperson and all directors
first constituted and every change in the composition thereof
shall be published in the Gazette.
11. A director who –
(a) resigns from the Board in accordance
with paragraph 6; or
(b) is absent, except on leave granted
by the Board, from two consecutive
meetings of the Board held during
two consecutive quarters, or during
any period of three months,
shall cease to be a director of the Board.
12. (1) The Board shall meet at least once in each quarter
and at such other times, and at such place, as the Chairperson
considers necessary for the efficient performance of its functions.
(2) The Chairperson may at any time summon a special
meeting of the Board.
(3) In the absence of the Chairperson and Vice-
Chairperson from a meeting of the Board, the Chief Executive
Officer shall preside at the meeting.
LAWS OF GUYANA
54 Cap. 64:03 Drainage and Irrigation
L.R.O. 1/2012
Management
Committee.

(4) Eight members shall constitute a quorum for the
transaction of business at meetings of the Board.
(5) Minutes in proper form of every meeting of the Board
shall he kept by the Secretary and shall he confirmed by the
members of the Board.
(6) The Board may regulate its procedure.
13. (1) The Minister shall establish a committee to
be known as the Management Committee consisting of the
Chairperson, who shall preside over the meetings of the Committee,
the Chief Executive Officer, a representative of the Ministry of
Finance and two other directors.
(2) Subject to the provisions of section 21, it shall be the
function of the Management Committee to –
(a) make recommendations relating to short
term policy of the Authority with a view
to improve the efficiency and effectiveness
of the discharge of the functions of the
Authority;
(b) monitor, review and evaluate the
plans, programmes and activities of
the Authority;
(c) facilitate the collaboration with
other agencies and bodies, including
water users' associations or
associations of farmers, responsible
for the operation and maintenance
of secondary drainage and irrigation
systems.
(3) The Board may give to the Management
LAWS OF GUYANA
Drainage and Irrigation Cap. 64:03 55
L.R.O. 1/2012
Water
Management
Committee.
Seal of the
Authority.
Committee directions of a general character relating to the
exercise and performance of its functions and the
Management Committee shall give effect to such directions.
(4) Subject to any rules made by the Board, the
Management Committee may regulate its own procedure.
14. The Authority may establish Water Management
Committees within each region.
(2) The functions of the Committee shall be –
(a) to collaborate with relevant
institutions, agencies and service
providers, including water user'
associations, associations of farmers,
local government organs or service
providers and other persons involved
in the operation and maintenance
of the drainage and irrigation and
flood control system; and
(b) to improve co-ordination and
working relations between the
Authority and service providers.
(3) The general membership shall consist of
representative of institutions, agencies and service providers within
each region.
(4) The members of the Water Management Committee
shall appoint a Chairman and a Secretary to the Committee.
15.(1) The seal of the Authority shall be kept in the custody
of the Secretary of the Authority and may be affixed to
instruments in the presence of the Chairperson, or in the
Chairperson's absence, the Chief Executive Officer.
(2) The seal of the Authority shall be authenticated by the
LAWS OF GUYANA
56 Cap. 64:03 Drainage and Irrigation
L.R.O. 1/2012
s. 58(4)
signatures of the Chairperson or the Chief Executive Officer of the
Authority or in such manner as may be authorised by resolution of
the Board.
(3) All documents other than those required by law to be
made under seal and all decisions of the Board may be authenticated
under the hand of the Chairperson or, in the Chairperson's absence,
the Vice Chairperson or Secretary.
_______________
SECOND SCHEDULE
FORM
FORM OF WARRANT OF DISTRESS
.......................................................Drainage and Irrigation Area.
To .................................................................and all other constables.

Whereas application has been duly made to me on
behalf of Drainage and Irrigation Board for a warrant of
distress against the movable property upon or in (here describe
the premises) in the said area for the purpose of levying the
sum of................................dollars due in respect of rates under
the Drainage and Irrigation Act Cap. 64:03 with costs, and
whereas proof has been duly given to me by the said Authority
that the said amount is due in respect of rates under this Act:
This is therefore to require and command you to levy the
said sum of ................................dollars with costs upon the said
movable property according to law.
Dated this ...................................day .......................................2004

LAWS OF GUYANA
Drainage and Irrigation Cap. 64:03 57
L.R.O. 1/2012
s. 83
(Signed)...................................................
..................................................Magistrate
District.
THIRD SCHEDULE
CITATION SHORT TITLE
Chapter 64:03 Drainage & Irrigation
Chapter 64:01 Sea Defences Act
Chapter 64:02 Sea Defence Act
Chapter 55:03 East Demerara Water Conservancy Act

Act No.12 of 1980 Local Democratic Organs Act

Act No.22 of 1997 Mahaica-Mahaicony-Abary Agricultural Development Authority Act

Chapter 50:05 Boerasirie Creek Act
Chapter 50:04 Creeks Act
Chapter 50:06 Hobaboe Creek (Diversion) Act
______________
FOURTH SCHEDULE
THE DECLARED DRAINAGE AND IRRIGATION AREAS
(SECTION 4)
The following areas already declared as Drainage and Irrigation
Areas under the provisions of the Drainage and Irrigation Act
(Chapter 64:03 repealed by this Act) shall continue to be so under
the provisions of section 4.
DECLARED D & I AREAS
REFERENCE
Contract 1 Around 1976 but need to
LAWS OF GUYANA
58 Cap. 64:03 Drainage and Irrigation
L.R.O. 1/2012
check Contract 2 Around 1976 but need to
check
Somerset & Berks/Cozier Canals Polder C. 64:03, sixth schedule.
Cap. 174 or 1929 Ed.
Potosi/Kamuni Ordinance 4 of 1954, 7 of 1966A

La Retraite O. 3/1962 Northern Klein Pouderoyen O. in C. 24/4/1953 Vreed-en-Hoop/La Jalousie O. in C. 20/2/1928 Den Amstel/Fellowship O. 1/1960 Vergenoegen/Bonasika Ordinance 4 of 1954, 7 of
1966A
Kent Dam Settlement Craig/Good Success Ordinance 4 of 1954, 7 of
1966A
Garden of Eden No reference in D & I Act, need to check

Plaisance O. in C. 24/12/1927 Triumph /B.V. Ordinance 30 of 1958 Buxton/Friendship O. in C., 24/12/1972 Golden Grove Cap. 193, 1953 Ed. Second
Schedule
Ann’s Grove Cap. 193, 1953 Ed. Second Schedule

Mahaica County District O. in C. 12/8/1929 Helena County District O. in C. 24/12/1972 Cane Grove 9 of 1961, O. 80/1961 MMA/ADA O. 7/1975 Mahaicony/Abary (MARDS)
Cap. 193, 1953 Ed. Third Schedule

Park/Abary Cap. 193, 1953 Ed. Third Schedule

Lots 52-74 Cap. 195, 1953 Ed. Second Schedule

Crabwood Creek O. in C. 11/1974, 33/1953 Sisters Village Cap. 193, 1953 Ed. Third
Schedule
Lots 1-25 O. in C. 16/12/1929 Gibraltar/Courtland Cap. 193, 1953 Ed. Third
Schedule
Fyrish O. in C. 24/12/1927
LAWS OF GUYANA
Drainage and Irrigation Cap. 64:03 59
L.R.O. 1/2012
Rose Hall Village Ordinance 10 of 1966A Bloomfield/Whim O. in C. 11/1947, 33/1953 Lancaster/Manchester O. in C. 24/12/1927 Ulverston/Salton O. in C. 24/12/1927 Limlair/Kildonan O. in C. 16/12/1929 Black Bush Polder Ordinance 15 of 1961 Manarabisi Cattle Pasture Ordinance 15 of 1959
____________