Irrigation Act

Link to law: http://www.moj.gov.jm/laws/irrigation-act-0

IRRIGATION

THE IRRIGATION ACT

ORDERS
(under section 3)

The Mid-Clarendon (Irrigation Area) Order, 1950

Similar Orders made in respect of-

The Saint Dorothy Plain

Hounslow

Braco

Yallahs

L.N. 51/50
410167

L.N. 206161
1/62

L.N. 188169
333c174

L.N. 34/84

L.N. 35E1/94

Seven Rivers L.N. 8o'mwz

Pedro Plains (BeacodLittle Park) L.N. 154/2006

ORDER
(under section 4)

The Irrigation Authority (Licensing of the National Irrigation L.N. ~ ~ ~ 2 . 0 0 1
Commission Limited) Order, 200 1

NOTICES
(under section 9)

ORDER
(under section 12)

NOTIFICATION
(under section 47)

The Irrigation and Drainage Charges Notification, 1995 L.Nn. 100DS 46DD6
128M
20198
59198

I I 1i7.001
103i7.003
107/2003
3 3 n w
730007

ORDERS
(under section 56)

The Mid-Clarendon Irrigation Authority (Establishment) Order, 1950 L.N. 6US2 35/S0
62/54
13Y54
91/60

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2 IRRIGATION

Similar Orders made in respect of-

L.N 207161 The Saint Dorothy Plain

L N 133169 Hounslow
9 Z ~ ~ a 3

L N 76184 Braco

L N. 8 0 ~ 1 9 6 Yallahs

REGULATIONS
(under section 62)

L.N. 151D12005 The Irrigation (Licences to carry out Irrigation Functions) Regulations,
2005

ORDER
(under section 66)

L N 35C'190
79Cl96

The Irrigation Authorities (Vesting o f Functions in the National Irrigation
Commission Limited) Order, 1990

ORDER
(Omitted)

(saved by section 3(2) of Act 7 of 1999, made under section 2 of
the Black River (Upper Morass) Reclamation Act (now repealed))

(Omitted)
SCHEMES

(saved by section 3(2) of Act 7 of 1999, made under section 8 of
the Black River (Upper Morass) Reclamation Act (now repealed))

ORDER

(saved by section 3(2) of Act 7 of 1999, made under section 30 of
the Black River (Upper Morass) Reclamation Act (now repealed))

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IRRIGATION

THE IRRIGATION ACT

ORDER
(under section 3)

(Made by the Governor in Executive Council on the 10th day of
L,N. 51150

February, 1950)
L.N. ~ m d : 410167

1. This Order may be cited as the Mid-Clarendon (Irrigation Area)
Order, 1950.

2. The area described in the Schedule is hereby declared to be an Schedule.
irrigation area for the purposes of the Act.

SCHEDULE (Paragraph 2)
THE MID-CLARENDON IRRIGATION AREA

Starting at the 35th Mile Post on the main road leading from Clarendon
Park to Porus and proceeding generally southerly and easterly along the
foot of the Mocho Mountains to a point on the eastern boundary of the
parochial road leading from Jack Monday to Teak Pen, (this point being 1.25
miles north of the centre of the Intersection a t Jack Monday of the main road
leading from May Pen to Four Paths and the parochial road leading to
Teak Pen); thence south-westerly in a straight line to the centre of the fording
where the Rio Minho is crossed by the parochial road leading from May
Pen to Halse Hall; thence down the centre of the Rio Minho to the centre
of the Parnassus Fording on the main road leading from Curatoe Hill to
Parnassus; thence southerly along the eastern boundary of this last-mentioned
main road to the north-eastern corner of its junction at Parnassus with the
main road leading to Rest; thence south-westerly along the southern boundary
of this last-mentioned main road to the easternmost corner of its junction
at Cook's Gate with the main road leading to Race Course; thence in a
straight line westerly through the property known as Sandy Gully Pen to
the centre of the Baldwin's River or Main Savanna Gully; thence down the
centre of this last-mentioned water course to its intersection with the eastern
boundary of the parochial road leading from Osborne Store to Main Savanna;
thence generally south-westerly along the eastern boundary of this last-mentioned
parochial road to the north-eastern corner of its junction with the main road
leading from Cook's Gate to Rest; thence south-westerly across this last-
mentioned intersection to its south-eastern corner; thence south-westerly along
the eastern boundary of the parochial road leading from Main Savanna to the
north-eastern corner of its junction at Pndd~e's Church with the main road lead-
ing from Race Course to Rest; thence north-westerly in a straight line to the
south-western corner of the junction at Rest of the main roads leading to
Milk River, Toll Gate and Race Course; thence due west in a straight line to
the foot of the Manchester Highlands; thence generally northerly along the
foot of the Manchvter Highlands to a point due west of the starting place; thence
due east in a stralght line back to the starhng place together with @l those
parcels of land now known as Fort Simonds, formerly k n o w as Manmngsfield,
parts of Old Yarmouth, Sandy Gully, Vere Irrigation Canal, New Yarmouth
and Gimme-Me-Bit in the parish of Clarendon together. contalmng by survey
2,210 acres 1 rood and 5 perches of the shapes and dimensions and butting
as appear by the plan referred to in Certificate of Title registered at Volume
390 Folio 141 and said to belong to the Government of Jamaica.

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IRRIGATION

THE IRRIGATION ACT

ORDER
(under section 4)

THE IRRIGAT~ON AUTHORITY (LICENSING OF THE NATIONAL IRRIGATION
C ~ M M I S S ~ ~ N LIMITED) ORDER, 200 1

(Made by the Minister on the 3rd day of September, 2001) L.N. 1 3 5 r \ n ~ 1 .

1. This Order may be cited as the Imgation Authority (Licensing of the cibbm
National Irrigation Commission Limited) Order, 200 1.

2. This Order shall be read and construed subject in all respects to the
Irrigation Act (hereinafter referred to as the Act) and the several words and
expressions to which meanings are assigned by the Act shall have in this
Order the same respective meanings.

3. In this Order- ~n~apmacion

"the Commission" means the National Irrigation Commission Limited,
a company incorporated under the Companies Act;

"prescribed period" means a period of ten years beginning on the
relevant date;

"relevant date" means the 17th day of September, 200 1.

4.-(1) During the prescribed period the Commission is licensed to be &?so,,
the Irrigation Authority for the purposes of the Act. unds the

hcslce.

(2) By the licence under paragraph (I), the Commission shall be
responsible for the implementation of the provisions of the Act in relation to
all irrigation areas and restricted areas.

5. The revenues derived from irrigation charges and drainage charges in =,
relation to the reclamation of land or the use of any waternurses shall.
during the prescribed period. be received by the Commission and shall be
applied by the Commission for the purposes of the functions assigned to it by
this Order.

6. It shall be the duty of the Commission as far as is practicable in
carrying out its functions under this Order, to seek to secure that the revenues Q c-
referred to in paragraph 5 become at least sufficient to meet all sums properly a lo &ma.

chargeable to revenue account (including sums required for the repayment of
loans and interest thereon).

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THE IRRIGATION AUTHORITY (WCENSING OF THE NATIONAL IRRIGAT7ON
COMMISSION WMITED) ORDER, 2001

7. The Commission may collect any amounts that are at the
relevant date outstanding as irrigation charges or drainage charges under the
Act.

8. During the prescribed period, all persons in the employment o E -

(a) a prescribed Authority; or

( b ) the Commission as assignee of the functions of such
Authority,

immediately prior to the relevant date shall as fiom that date be
employed by the Commission upon the like terms and conditions of
employment.

9. Subject to the provisions of the Act, the Commission may, with the
prior approval of the Minister, enter into a contract with another pmty for that
party to undertake the management or operation of any irrigation works
specified in the contract, upon such terms and conditions as may be specified
in the contract.

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IRRIGATION

THE IRRIGATION ACT

(under section 47)

THE IRRIGATION AND DRAINAGE CHARGES NOTIFICATION, 1995

(Made by the Commission with the approval of the Minister on the 16th day L N 10~195
of Augwt, 1995) Amdr,. L.Nn. 46D196

128196

11 112000 [ 1st September, 1995. ] 103/2003
10712003

1. This Notification may be cited as the Irrigation and Drainage Charges
Notification, 1995.

2 . 4 ) The irrigation charges specified in Part I of the Schedule are schedule
hereby imposed in respect of the water supplied or agreed to be supplied, to
the categories of users so specified, within the irrigation areas specified in
Part I1 of the Schedule.

(2) The drainage charges specified in Part I11 of the Schedule are
hereby imposed in respect of lands within-

(a) the Upper Morass Area as described in the First Schedule to the
Black River (Upper Mor'as) Reclamation Act; and

(b) the Additional Areas (Parish of St. Elizabeth) Reclamation Order,
1953.

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THE IRRIGATION AND DRAINAGE CHARGES IVOTIFICATION. 1995

IRRIGATION CHARGES

Agricultural Users

I . Service Charge-
(a) On land not exceeding 5

acres (2 hectares) . . . $12.1 1 per acre per month ($30.28 per hectare
per month)

(6) On land exceeding 5
acres (2 hectares) but not
exceeding 10 acres (4
hectares) . .. ... $24.23 per acre per month ($60.58 per hectare

per month)

(c) On land exceeding 10
acres (4 hectares) . . . $30.29 per acre per month ($75.73 per hectare

per month)

2. Demand Charge-
(a) Where the amount of

water used does not
exceed 5,508 cubic
metres . . . ... $0.78~ per cubic metre

(b) Where the amount of
water used exceeds 5,508
cubic metres) . . . . . . $0.78~ per cubic metre

for up . to 5,508 cubic
metres; and $1.02 per cubic
metre in excess of 5,508
cubic metres.

Non-Agricultural Users

Industrial Users . . . . . . ... $99.93 per '000 US gallons ($26.40
per '000 litres)

Special Industrial Flow Through Rate ... $53.30 per '000 US gallons ($14.08
per '000 litres)

National Water Commission . . . ... $39.74 per '000 US gallons ($10.50
per '000 litres)

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THE IRRIGATION AND DRAINAGE CHARGES NOTIFICATION, 1995

SCHEDULE, contd.

PART TI

IRlRIG4TION AIUEiAtS
1. Tha Licensed area as defined in the Rio Cobre Wational Irrigation Oom-

mission) LicmUe, 1988, issued under the Rio Cobre Canal Law C1938
Revised Edition of the Laws of Jamaida) as amended by the Rilo Cobre
Canal (Amendment) Act, 1988, Aot 17 of 1988.

2. The Mid-Clarendon Irrigation A r a

3. The St. Dorothy Plain Irrigwtion Area

4. The Hounslow Irrigation Area.

5. The kaco Irrigation Area.

6. The Yallahs Irriglation Area.

Drainage Charge .,, . . . $47.00 per acre (9 1 17.50 per hedare)
m-

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IRRIGATION

THE IRRIGATION ACT

ORDER
(under section 56)

(Made by the Governor in Executive Council on the 12th day of f;;,N 35/30
May, 1950) L.N. 62/52 4

i w w
91/60

1. This Order may be cited as the Mid-Clarendoa Irrigatiun Authority
(Establishment) Order, 1950.

2 In this Order "the Authority" means the Authority mablished
under paragraph 3.

3.41) There is hereby estaiblished an Irrigation Authority for the
Mid-Clarendon Irrigation Area constituted under the Mid-Clardon
Irrigation Area Order, 1950.

(2) The coqxmte name of the Authority established undar sub-
paragraph (1) shall be the Mid-Clarendon Irrigation Auhrity.

4.--(I) The Authority shall consist of not more than eight members
in addition to the chairman.

(2) The members of the Authority shall be appointed by the Min-
ister by i n m e a t in writing and. subject to the pmvisions of section
56 of the Act and paragraph 5 of this Order, shall hold office for mch
period nbt exceeding three ylears as the Minister may direct in mch
instrument.

(3) Every member shall be eligible for reappointment.

5. The Minister may at any time revoke the appointment of any
member of the Authority if he thinks it expedient so to do.

6. Five members of the Authority shall amsitutc a quorum at any
meeting of the Authority.

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THE IRRIGATION ACT '

R~;ULATIONS
(under section 62)

THE IRRIGATION (LICENCES TO CARRY OUT IRRIGATION FUNCTIONS)
REGULATIONS, 2005

(Made by the Commission with the approval of the Minister on the L.N. 151D'2M)5
10th day ofNovember, 2005)

1. These Regulations may be cited as the Imgation (Licences to carry out
Imgation Functions) Regulations, 2005.

2. In these Regulations, "licence" means a licence under section 57 of the
Act.

3. An application for a licence shall contain the following parbculars-

the name of the applicant corporation;

the date of incorporation of the applicant corporation;

a description of the organizational structure of the applicant
corporation;

the name a d qualifications of every officer of the applicant
corporation;

the name of every director and of every member of the applicant
corporation;
the irrigation area in respect of which the application is made;.and
an undertaking by the applicant corporation to comply with the law
and with such requirements relating to environmental standards and
maintenance as may be prescribed pursuant to section 57 (2) (d) of
the Act, in carrying out its functions pursuant to the licence.

4. A fee of fifty thousand dollars shall be paid upon the submission to the
Authority of every application fora licence.

5. Subject to regulation 7 , a licence shall be valid for a period of five
years from the date on which the licence is granted, or such shorter period as
may be specified in the licence, and may be renewed in accordance with
regulation 6.

6. The Authority shall, upon the written application of the licensee
submitted before the date of expiration of the licence, renew the licence if the
Authority is satisfied that-

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THE IRRIGATION (LICENCES TO CARRY OUT IRRIGATION
FUNCTIONS) REGULATIONS, 2005

(a) the licensee has not contravened any term or condition of the
licence, or any provision of the Act or of regulations made under the
Act;

(6) the corkitions specified in section 57 (2) of the Act fqr the grant of
a licence continue to exist in relation to the licensee.

7.-41) The Authority may act in accordance with sub-paragraph (2)
where the Authority has grounds to believe that-

(a) a licensee has contravened any term or condition of the licence
or any provision of the Act or of regulations made under the Act;

(b) a licensee has knowingly made a false statement or a material
misrepresentation in an application for a licence;

(c) the conditions specified in section 57 (2) of the Act for the grant of
a licence no longer exist in relation to a licensee; or

(d) a licensee has provided services not authorized by the licence.

(2) The Authority shall-

(a) gwe to the licensee a notice in writing-

(i) specifying the particulars of the relevant matter referred to
in paragraph (1 1;

(ii) directing the licensee to take, within the time stipulated in
the notice, such specified steps (if any) as the Authority
thinks necessary to remedy the matter; and

(iii) informing the licensee of his entitlement to be heard under
sub-paragraph (b); and

(6) afford the licensee an opportunity to be heard in relation to the
matter, if the licensee so requests in writing delivered to the
Authority within fifteen days after notice is given under sub-
parawph (0).

(3) After complying with sub-paragraph (2), the Authority may-

(a) suspend the licence for a period not exceeding six months, if the
Authority is satisfied that-

(i) the licensee has failed to comply with any direction made.
under sub-paragraph (2) (a); and

(ii) the contravention in respect of which the notice was issued
still exists in relation to the licensee; or

(6) suspend the licence for a period exceeding six monm or revoke the
licence if the Authority is safisfied-

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THE IRRIGATION (LICENCES TO CARRY OUT IRRIGATION
FUNCTIONS) REGULATIONS, 2005

(i). as to the matters referred to in sub-paragraph (a) (i) and
(ii) and that a notice under sub-paragraph (2) has been
issued to the licensee on any one 'or more previous
occasion; or

(ii) that the matter is incapable of being remedied.

(4) Before acting under sub-paragraph (3), the Authority shall
inform the licensee of its intention to act under that sub-paragraph and afford
the licensee thirty days within which to show cause why the Authority should
not so act

(5) Where the Authority suspends or revokes a licence under sub-
paragraph (3), the Authority shall-

(a) inform the licensee in writing of its decision; and

(6) publish a notice of the suspension or revocation, as the case may be,
in the Gazette.

(6) The Authority shall send to the Minister a copy of every notice
given underthis regulation

(7) Where any information or notice required under paragraph (5)
relates to the suspension of a licence, the information or notice, as the case
may be, shall specrfy the period of the suspension.

(8) Directions under paragraph (2) (a) (ii) may include a direction to
cease the doing of any act that contravenes any term or condition of a licence
or any provision of the Act or of regulations made under the Act.

8.-41) The Authority may, where it considers it expedient to do so, hold
or cause to be held an investigation-

(a) to deteimine whether any licence granted under Part W of the Act
should be suspended, revoked, renewed or re-instated;

(6) in respect of the breach of any provision of the Act, regulations
made under the Act or the terms or conditions of any licence; or

(c) as respects any matter related to or CO~eCted with its powers under
Part W of the Act, so as to determine whether any of such
functions should be exercised.

(2) With respect to any investigation under paragraph (I), the
following provisions shall have effect-

(a) the persons holding the investigation (hereinafter referred to as the
Tniunal) shall do so in such manner and under such conditions as
the Tribunal thinks most effectual for ascertaining the facts of the
matter under investigation;

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THE IRRIGATION (LICENCES TO CARRY OUT IRRIGATION
FUNCTIONS) REGULATIONS. 2005

the Tribunal shall have for the purposes of the investigation all the
powers of a Resident Magistrate to summon witnesses, call for the
production of books and documents and to examine witnesses and
the parties concerned on oath

any person summoned to attend or to produce books or documents
under this regulation, who refuses or neglects to do so, or refuses to
answer any question put to him by or with the concurrence of the
Tribunal, commits an offence and is liable on summary conviction
before a Resident Magistrate to a fine not ex&ng one thousand
dollars or to imprisonment for a term not exceeding three months:

Provided that no person shall be bound to incriminate himself, and
every witness shall, in respect of any evidence given by him at
such investigation be entitled to the same privileges to which he
would be entitled if giving evidence before a court;

any witness attending at the request of, or upon summons by, the
Tribunal shall, subject to any order made by the Tribunal, be
entitled to allowances for expenses as if summoned to attend a
Resident Magistrate's Court.

9.-41) An applicant for a licence may appeal in writing to the Minister
against any refusal of the Authority to grant a licence, within tlurty days of
being informed of the refusal.

(2) A licensee may appeal in writing to the Minister against-

(a) any decision of the Authority to suspend or revoke the licence; or

(b) any term or condition of the licence, within thuty days of being
informed thereof.

(3) After considering an appeal under paragraph (1) or (2) and
hearing any representations made by the Authority, the Minister may-

(a) in the case of an appeal under paragraph (1)-

(i) confirm the decision of the Authority; or
(ii) direct the Authority to issue the licence, for such period

and subject to such terms and conditions as the Minister
thinks fit;

(b) in the case of an appeal under paragraph (2)-

(i) confirm the decision of the Authoi:ty; or
(ii) cancel the decision and reinstate the licen& subject to

such terms and conditions (if any) as the Minister thinks
fit.

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IRRIGATION

THE IRRIGATION ACT

ORDER
(under section 66)

THE IRRIGATION AUTHORITIES (VESTING OF FUNCTIONS IN THE
NATIONAL IRRIGATION COMMISSION LIMITED) ORDER, 1990

(Made by the Minister on the 27th day of March, 1990) L.N. ~mdt . : 2 5 ~ ~ 1 9 0
L.N 79Cl96

1. ' h i s Order may be cited as the Irrigation Authorities (Vesting of a m i o n .
Functions in the National Irrigation Commission Limited) Order, 1990.

2. This Order shall be read and construed subject in all respects to the COmtm*On
Irrigation Act (hereinafter referred to as the Act) and the several words and
expressions to which meanings are assigned by the Act shall have in this
Order the same respective meanings.

3. In this Order- lntcrpretahon

"the Commission" means the National Irrigation Commission Limited,
a company incorporated under the Companies Act;

"prescribed Authority" means-

(a) the Samt Dorothy Plain Irrigation Authority;
(b) he Mid-Clarendon Irrigation Authority;
(c) the Hounslow Irrigation Authority;
(d) the Braco Irrigation Authority; and
(e) the Yallahs Irrigation Authority,

established by orders made under section 56 of the Act;

"prescribed irrigation area" means-

(a) the Saint Dorothy Plain Irrigation Area;
(b) the Mid-Clarendon Irrigation Area;
(c) the Hounslow Imgation Area;
(4 the Braco Irrigation Area; and
(e) the Yallahs Irrigation Area,

declared as such by the Minister by orders made under section 3 of
the Act;

"prescribed period" means a period of ten years beginning on the
relevant date;

lThe inclusion of this page i s authorized by L.N. 18*/2008]

Vesting of
function5 of
pracribed
Authority in
Codss lon

Veshng of
assets and
liabiitia,
ete., in
Cornis- .
sion.

Transfer
of rupon-
sibility
for staU
of prescribed
Authority to
Commission.

Application
of revenues.

C e n d
duty of
Commission
as to cmmce

Power of
Minister
to grant
additional
6 W .

THE IRRIGATION AUTHORlTIES ( I G T I N G OF FUNCTIONS IN THE
NATIONAL IRRlGA TION COA4AfISSION LIMITED) ORDER. 1990

"relevant date" means the 4th day of A ~ & , 1990.

4. During the prescribed period every prescribed Authority shall be
divested of the functions conferred on it under the Act and those functions
shall, during that period. be vested in the Commission.

5 4 1 ) During the prescribed period there shall be vested in the Com-
mission without any conveyance, assignment or transfer all property which,
on the day immediately prior to the relevant date, was held by a prescribed
Authority, including all interests, rights and easements in relation to such
property.

. (2) Any property vested pursuant to sub-paragraph (1) shall continue
to be subject to all and any trusts, debts, liabilities and obligations affecting
the same.

6. Unless and until other arrangements are made with the approval of
the Minister, all persons in the employment of a prescribed Authorit)
immediately prior to the relevant date shall as fiom that date be employed
by the Commission upon the like terms and conditions of employment.

7. Notwithstanding anythmg contained in Part VI of the Act, the
revenues derived fiom imgation rates and dues shall, during the prescribed
period, be received by the Commission and shall be applied by the Com-
mission for the purposes of the functions vested in it by this Order.

8. It shall be the duty of the Commission as far as is practicable in
carrying out its functions under this Order, to seek to secure that the revenues
referred to in paragraph 7 become at least sufficient to meet all sums properly
chargeable to revenue account (including sums required for the repayment
of loans and interest thereon).

9. Where the Minister is satisfied that additional sums may be required
to finance the functions of the Commission under this Order the Minister
may grant the additional sums to the Commission and any sums so
granted shall be paid out of the Consolidated Fund.

10. The Commission may collect any amoynts which are at the releyant
date outstanding as irrigation rates and dues under the Act.

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