Flood-Water Control Act

Link to law: http://www.moj.gov.jm/laws/flood-water-control-act
Published: 1958-03-13

FLOOD-WATER CONTROL

THE FLOOD-WATER CONTROL ACT

ARRANGEMENT OF SECTIONS

PART I. Preliminary

1. Short title.
2. Interpretation.
3. Flood-water control orders.
4. Duties of undertakers of a scheme.

PART U. Prepwation, Confvmrslion rind M&liCation
of schemes

5. Provisional flood-water control schemes.
6. Notification of provisional schemes.
I . Objections to provisional schemes.
8. Approval of schemes.
9. Amendment and modification of con6rmed schemes.

PMT HI. Powers of the Underfakers of a Scheme
10. Powers of the undertakers of a scheme.

PART IV. implementation of Schemes and Cmpemation
1 1 . Implementation of schemes.
12. Compensation for loss or damage.
13. Purchase or acquisition of land in lieu of C O ~ I I P C I I ~ O D .

PART v. Miscelhmeous
14. [Deleted by A d 36 of 1995, 3rd Sch.]
15. Alteration and discontinuance of watercourses.
16. offences.
17. Regulations.

me indmioa d his page in authoriecd by L.N. 96119981

FLOOD-WATER CONTROL 3

L.m
UCdl9Sd,
4 d -1,
36 d 1995

THE FLOOD-WATER CONTROL ACT

(13rh March, 1958.1

PART I. Preliminary

1. This Act may be cited as the Flood-water Control mortti*.

2. In this Act-

Act.

lntnptb
tl(i0..

“confirmed scheme” means any scheme confirmed
under section 8;

“flood-water’’ means water flowing in any water-
course after rainfall;

“lbod-water control area” means any area deckmd
to be a flood-water control area under section 3;

“provisional flood-water control scheme” means any
scheme prepared under this Act at any time before
it becomes a confirmed scheme;

“relevant flood-water control area” means the flood-
water control area for which are appointed the
undertakers of a scheme in relation to which the
expression is used,

“undertakers” means any undertakers of a scheme
appointed under section 3;

“Valuation Board” means a Valuation Board consti-
tuted under the provisions of the Land Valuation
Act;

“watercourse” means any natural channel, drain or
permanent and defined course for flood-water,
but does not include the course of a perennial
stream.

l ’ l l ~ n s indudan of (hic mgc is authorized by LN. 961 19981

4 FLOOD-WATER CONTROL

nood-watcr 3 . 4 1 ) The Minister may by order declare any area
ordera. defined in such order to be a flood-water control area for

the purposes of this Act.

(2) When declaring an area to be a flood-water con-
trol area under subsection (I) the Minister shall, by the
same order, appoint to be undertakers of a scheme in
respect of such area-

mm1

(a) any Government department;
(b) any Government agency; or
(c) any statutory body or authority,

and such appointment may be made notwithstanding that
such department, agency, statutory body or authority has
not the power under any other law to undertake and carry
out works of improvement to land.

Dutiea of

of n ubcmc.

4. It shall be the duty of the undertakers of a scheme-
(a) to make such investigations and surveys and do

such work as may be necessary for the prepara-
tion of, and to prepare and submit to the Minister,
a provisional flood-water control scheme in rela-
tion to the relevant flood-water control area;

(6) to do all such acts or things as may be necessary
to be done to give effect to any confirmed flood-
water control scheme;

(c) to make such investigations, into any matter
affecting or relating to the control of flood-water
in the relevant flood-water control area as may
be required by the Minister, and to make recom-
mendations to the Minister concerning any such
matter if required by the Minister so to do or if
the undertakers of the scheme consider it expe-
dient so to do.

UndCNkaa

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FLOOD-WATER CONTROL 5

, .-

PART ll. Preparation, Confirmation and Modification
of Schemes

5 4 1 ) The undertakers of a scheme shall prepare such Provisional
Bmd-waim provisional flood-water control scheme as they may consider mbol

necessary or expedient for securing proper control of, or schrmes.
defence against, flood-water in the relevant flood-water
control area and for effecting any purpose ancillary to such 411961
control or defence as aforesaid.

(2) Every provisional flood-water control scheme
shall-

(a) specify and define clearly by reference to a plan
the area to which such scheme relates;

(6) provide for the establishment, construction and
maintenance of all flood-water control works in
the relevant flood-water control area;

(c) describe in general terms the works considered by 4/1%1
the undertakers to be necessary or expedient for 5.2.
securing proper control of, or defence against,
flood-water in the relevant flood-water control
area or for effecting any purpose ancillary to
such control or defence as aforesaid;

(d describe in general terms by reference to the plan
mentioned in paragraph (a), any lands proposed
to be used for the alteration of the course of any
watercourse;

(e) describe in general terms any works forming
part of the works mentioned in paragraph (c)
completed or in process of execution at the date
of preparation of such scheme; and

0 show an estimate of the cost of construction of
the proposed works.

s. 2.

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6 FLOOD-WATER CONTROL

6. So soon as may be after the preparation of a provi-
sional flood-water control scheme, the undertakers of the
scheme shall cause to be published in the Gazette and at
intervals of not less than seven nor more than ten days in
three issues of a local daily newspaper, a notice-

(a) specifying that the undertakers of the scheme have
prepared a provisional flood-water control scheme;

(b) specifying the locality to which the scheme relates;
(c) specifying some place within such locality or as

near thereto as may be convenient where the
scheme may be inspected without fee during such
period (not being less than fourteen days after the
last publication of the notice in a local daily news-
paper) as may be specified in such notice upon
such days and at such times as may be so
specified;

(d) specifying the name and address of some person
from whom copies of the scheme may be obtained
on payment of a reasonable fee specified in such
notice; and stating that provision is made in
section 7 for the making of objections to the
provisional flood-water control scheme.

7.-(1) Subject to the provisions of this section every
interested person may object to any provisional flood-water
control scheme upon the ground that such scheme is for
any reason impractical or unnecessary or detrimental to the
public interest.

(2) Every person who desires to object to any provi-
sional flood-water control scheme under this section shall
give notice in writing to the undertakers of the scheme
within fourteen days after the expiration of the period
referred to in paragraph (c) of section 6 of the ground of
his objection and of the facts and reasons upon which he
relies in support of such objection.

indudon of this p~ile is authorid by L.N. 480/19731

ObiMions
to provi-
sional
schuou.

i- I’

FLDOD-WATER CONTROL

(3) In this section “interested person” means-
(a) any person in whom is vested any freehold estate

in any lands in the relevant flood-water control
area;

(b) any person in whom is vested any term of years in
any land in the relevant flood-water control area,
the unexpired portion of which, on the day on
which such objection is made, is not less than three
years, or who holds an option to renew such term
fur a period of not less than three years;

(c) any person who is entitled under the Water Re-
sources Act to exercise any right in relation to the
use of any public water in a public stream and
whose hterest therein will1 be affeoted by the
application of the scheme.

7

8 .41) So soon as may be after the expiration of the Approvalof
period during which notice of objection to any provisional
flood-water control scheme may be given under section 7
the undertakers of the scheme shall transmit such scheme
and any objection made to such scheme under section 7 and
the comments of the undertakers of the scheme upon such
objection (if any) to the Minister.

(2) Where the Minister is satisfied that the imple-
mentation of any provisional flood-water control scheme is
likely to be in the public interest, the Minister may by
order published in the Guzette confirm it with or without
modification and thereupon such scheme with or without
modification shall come into operation as a confirmed
flood-water control scheme.

(3) Every order under subsection (2) shall also be
published in a local daily newspaper at least once in each
of two successive weeks.

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8 FLOOD-WATER CONTROL

h m b m t 9 . 4 1 ) Where after any flood-water control scheme has
cationof become a confirmed flood-water control scheme the
schemed. Minister is satisfied that it is for any reason necessary or

expedient for such scheme to be amended in any manner
which is likely substantially to increase the cost of such
scheme or prejudicially to affect the rights of any person
the Minister shall direct the undertakers of the scheme to
prepare an amending flood-water control scheme of such a
nature as may effect such amendments to the confirmed
scheme referred to in this section as may be necessary or
expedient :

Provided, however, that the provisions of sections 6, 7
and 8 shall apply to every amending flood-water control
scheme as they apply to every provisional flood-water
control scheme.

(2) Where after any flood-water control scheme has
become a confirmed flood-water control scheme the Minis-
ter is satisfied upon a recommendation of the undertakers of
the scheme that it is desirable for such scheme to be
modified in any manner which is not likely to entail any
substantial increase in the cost of such scheme or to be
prejudicial to the rights of any interested person, the
Minister may direct the undertakers of the scheme to modi-
fy the scheme in such menner as may be specified in such
direction and thereupon the confirmed flood-water control
scheme shall be. deemed to be and always to have been
modified in the manner specified in such directions without
prejudice, however, to anything done under the scheme
before the date of such direction.

and modif-

PART HI. Powers of the Undertakers of a Scheme
p m r s o f 10.-(1) The undertakers of a scheme shall have power,

for the purpose of carrying out any of their duties under
section 4- rcbcme.

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FLOOD-WATER CONTROL 9

(a) to enter by their servants or agents upon any 411961
land within the relevant flood-water control area ''*'
and there make surveys, take measurements and
levels and do such work as may be necessary or
expedient for securing proper control of, or
defence against, flood-water in the relevant flood-
water control area or for effecting any purpose
ancillary to such control or defence, and for such
purposes the undertakers of the scheme may-

(i) alter or regulate the course of any water-
course by widening or straightening any
portion of such watercourse or by making
new channels for water, whether by pipes,
drains, sluice-ways or any other means;

Ii) bring upon, make or maintain on, any
part of such lands any appliances, plant,
tools and other things required for the
works;

(b) to clean any watercourse and clear or remove
from any such watercourse or from the banks
thereof any vegetation or tree (whether growing
or not) and any log, refuse, soil or any obstruction
whatsoever which obstructs or impedes, or which
may obstruct or impede, the natural Row of water
in the watercourse, and to place or deposit any
matter or thing so removed on any land adjacent
to the watercourse, but not beyond a distance of
one chain measured from the top of the bank of
the watercourse which such land adjoins;

(c) to do all such other acts as may be necessary for
the proper and efficient construction, completion,
improvement, repair and maintenance of any
flood-water control works or for the assumption
of responsibility for, or control over, any such
works.

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10 Fu)OD-WATER CONTROL

(2) Save in the case of an emergency the power of
entry conferred by this section shall not be exercised
unless-

(a) the prior consent of the occupier of the land has
been obtained; or

(&) notice of intention to enter is given in writing to
such occupier at least seven days before the date
of entry.

(3) For the purposes of this section “emergency”
means any emergency caused by flood, humcane, or any
other vis major or act of God.

(4) The undertakers of a scheme shall, while carry-
ing out any works of construction, improvement, repair or
maintenance, at their own expense take such reasonable
steps, whether by fencing or otherwise, as may be necessary
to prevent accidents to persons using the land or to any
animals upon the land.

PART IV. Implementation of Schemes and Compensation

11. The undertakers of a scheme shall, as soon as
possible after a flood-water control scheme has become a
confirmed flood-water control scheme, carry out all such
fld-water control works as may be authorized by the
scheme to be carried out within the relevant Rood-water
control area and take all other lawful steps necessary to
implement the scheme.

corn a-
I 0 s l . X

d-. interested in any land-

12.-(1) The undertakers of a scheme may by agreement
with the owners and occupiers of and all other parties

- ..
i

~

i

(a) enter and use in pursuance of the provisions
of section 10; or

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FLOOD-WATER CONTROL I!

r
i -

(b) on which any flood-water control works forming
part of the works mentioned in paragraph (c) of
subsection (2) of section 5 were in process of
execution at the date of confirmation of such
scheme or were completed within a period of
twelve months immediately preceding such date,

determine the amount of compensation (if any) to be paid
for any loss or damage sustained by such owners, occupiers
or other interested parties, or any of them, by Teason of
such entry upon or use of such land.

(2) Where the undertakers of a scheme and the
owners and occupiers of and other parties interested in
any land of a class described in subsection (1) are unable,
for any reason, whatever, to reach any agreement under
subsection 111, the undertakers of the scheme shall transmit
the claim of such owners, occupiers or other parties to a
Valuation Board for the district in which the land, or part
thereof, is situated, and shall furnish the Board with--

(U) any evidence or other information provided by
such owners, occupiers or other persons in
accordance with regulations made under section
17; and

(b) such other information (if any) as may be
required by regulations made under section 17,
being information appearing to the Valuation
Board to be relevant to the exercise of their
powers under this section.

(3) Before taking a decision under this section in
respect of any claim transmitted to them in accordance
with the provisions of subsection (Z), a Valuation Board
shall afford to the undertakers of the scheme and to every
person appearing to the Valuation Board to have an interest
in the land in respect of which the claim is made, an
opportunity either by himself, his legal representative or

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12 FLOOD-WATER CONTROL

agent to appear before, and to be heard by, the Valuation
Board.

(4) In assessing the amount of compensation under
subsection (1) or (2), the undertakers of the scheme or the
Valuation Board, as the case may be, shall set off against
the loss or damage sustained by any owner, occupier or
other interested party any increase in the value of the land
of such person accruing or likely to accrue from the carry-
ing out of the scheme.

(5 ) Upon the determination of any claim for com-
pensation transmitted to a Valuation Board under
subsection (21, the Valuation Board shall forthwith give
notice to the undertakers of the scheme of their findings in
respect of that claim.

(6) Where, either by agreement under subsection (1)
or by a decision of a Valuation Board, it has been
determined that compensation is payable under this Act,
the undertakers of the scheme shall forthwith give notice
to the Minister of such determination, and within one
month thereafter the Minister shall pay compensation in
accordance with such agreement or decision.

(7) Any expenses incurred in relation to the pay-
ment of compensation under this Act shall be paid from
the Consolidated Fund.

(8) The undertakers of a scheme or any person
aggrieved by a decision of a Valuation Board under this
section may appeal against that decision to a Judge in
Chambers whose decision in the matter shall be final.

purchaacor

lieu of

Lion.

13. Where the loss or damage sustained by the owner
of any land of a class described in subsection (1) of
section 12 is of such a nature that the land becomes useless
to the owner, the Minister may, upon receipt of notice of
the determination of compensation under subsection (6) of

IIC uisition

compmsa-

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F .

.

FLOOD-WATER CONTROL 13

section 12, instead of paying compensation offer to purchase
the land, and if the owner is unwilling to accept the amount
offered for such purchase, the Minister may take steps to
cause the land to be acquired compulsorily, as land deemed
to be needed for a public purpose, in accordance with the
provisions of the Land Acquisition Act.

PART V . Miscellaneous

14. [Deleted by Act 36 of 1995.3rd Sch.1

lS.-(l) Whenever the undertakers of a scheme decide %Ern
that it is necessary or expedient to alter or discontinue the c a t innance

Of water-
course of any portion of any watercourse in which any eoura~a.
works have been executed under this Act, the undertakers
of the scheme shall notify the Minister of such decision.

(2) Upon receipt of a notification under subsection
(1) the Minister shall cause a notice to be published in the
Gazette and posted at some suitable place or places in
the portion of the watercourse proposed to be altered or
discontinued, and from and after such date as may be
specified in such notice as the date of alteration or dis-
continuance, the owner or owners of the land over which
such portion of the watercourse lies may enclose such
portion of the watercourse.

16. Any person wh- ofrace.
(a) obstructs, molests 01 hinders any workman,

servant or agent of any undertakers of a scheme,
acting in the lawful exercise of any Dower con-
ferred upon the undertakers of a scheme by this
Act; or

[ Ihc inclusion of lhia page is authorized by LN. 96/19981

I4 FLOOD-WATER CONTROL

(b) wilfully or maliciously blocks up or obstructs or
causes to be in any way blocked up or obstructed,
or who encroaches on or damages any watercourse
in which any works have been executed under this
Act, or who damages or destroys any pip or
other appliances used or proposed to be used in
the execution of such works,

shall be guilty of an offence against this Act and shall be
liable on summary conviction thereof before a Resident
Magistrate to a fine not exceeding fifty dollars or in default
of payment to imprisonment with hard labour for a term
not exceeding three months.

17.-(1) The Minister may make regulations generally
for the better carrying out of the provisions of this Act.

(2) In particular, and without prejudice to the
generality of the provisions of subsection (1) &he Minister
may make regulations-

(a) requiring claims for compensation under this Act
to be in a form prescribed by the regulations;

(b) requiring a claimant to provide such evidence in
support of the claim, and such information as to
the interest of the ciaimant in the land to which
the claims relates and as to the interests of other
persons therein which are known to the claimant,
as may be so prescribed.
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