Irrigation Act

Link to law: http://www.moj.gov.jm/laws/irrigation-act
Published: 1949-11-23

IRRIGATION

THE IRRIGATION ACT

1

ARRANGEMENT OF SECTIONS

1. short title.

P U T I. & G & ? h W

2 Interpretation.
3. Irrigation a m .
4. Licensing d Irrigation Authority.
5. Dutiea of Autborily.
6. Power to drain land.
7. Authority may require occupier to make, or Ekan dravla

PART U. Preparation, Canfirmation ond M u d i f b t h
of Schemes

8. Pmvisiond inimtim ~&~mea.
9. Notification of schemes.

10. Objection to schemes
11. Transmission of schemes to Minister.
12. Approved irrigation schemc.
13. Confirmation of approved imgation schemCs
14. Amendment of oon6rmed schunes.
IS. Modification of confumed irrigation schant.

PART III. implementing of Schemu
16. Authority to impkment schemes.

17. Aqnisition of interest and anuhry rights and extinCti0a of
servitndes by agmmmt.

18. Compulsory vcsting of estates interest and ancillary righa and
extinction of eascments and other rights.

19. Power to abstract, divert and impound water.
20. Distribution of water.

2 IRRIGATION

21. Power to withhold water.
22. Power to inspect.
33. Power to enter and do work upon land.
24. Power to require information

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PART IV. Comp?nsation, Enquiries and Legal Prmeedings
25. Where compensation payable.
26. Compensation in respect of the acquisition of proprietorial

27. Compensation payable in respect of acquisition of ancillary rights.
28. Compensation in respect of extinction of servitudes.
29. Compensation in other cases.
30. Restriction upon award of compensation.
31. Restriction on right of action
32:~ Cornpinsation claims ' .
33. [Deleted by Act 36 of 1995, 3rd Sch.]
34. [DeZeted 6 y A c t 36 of 1995. 3rd Sch.1
35. [Deleted by Act 36 of 1995 '3rd Sch.]
36. [Deleted by Act 36 of 1995. 3rd Sch.]
37. Damage to irrigation works.
38. Obstruction or damage.
39. Waste or abstraction of water:
40. Further provision as to wasting water.
41. Resale of water without the approval of the Authority. unlawful.
42. Tampering with irrigation works. ..
43. Obstruction of officers
44. Failure to furnish information.
4.5. Failure to attend and give &'dencc'ctc.. at compensation enquiry.

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interests in land.

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PART V. [Deleted by A n 36 of 1995, 3rd Sch.]

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I . .:.

PART VL Rates and Financial Provisirns
47. Imposition of chqges.
48. [Deleted by Act 7 of 1999.1

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Power of Minister to remit.

Increase on arrears.

Recovery of charges and percentage increase.

[Deleted by Act 7 of 19 9 9. ]

[Deleted bv Act 7 qf 1999.1

Accounts to be audited.

Financial statements, estimates and report.

PART VII. Licences to carty out irrigation,finctions

Interpretation.

Licensing of bodies corporate to perform inigation functions.

Licensing procedure.

Form and contents of licence.

Reports, information and inspection.

Compensation payable by licensee.

Regulations under Part VII.

PART VIII. Miscellaneous

[Deleted by Act 7 of 1999.1

Regulations.

Authority may require person subdividing land to provide for
extension of works.

PART IX, Power to divest and transfer functions ofAuthoriW

Vesting of assets and Iiabilities.

Transfer of staff of prescribed Authority.

SCHEDULE

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IRRIGATION 5

THE IRRIGATION ACT*
cap. 168

[23rd November, 1949.1 3z :::z
3rd sch.,
7 01 1999,

27 of 2000.

1. This Act may be cited as the Irrigation Act. short title.

PART I. Preliminary

2. In this Act- Interpreta-
tion.

"ancillary right" means any servitude acquired or proposed
to be acquired by the Authority otherwise than with a 71199
view to its extinction; S C ~ .

"appropriate Clerk of the Courts" means the Clerk of the
Resident Magistrate's Court for the parish in which
was done or occurred the act or neglect in respect of
which compensation is claimed under this Act;

"Authority" means any company licensed to be the 7,1999
Irrigation Authority pursuant to section 4; S C ~

711999
"Black River area" means- S C ~ .

(a) that portion of the Black River including the banks
thereof, from the sea to Lacovia Bridge;

(b) the Upper Morass area;

(c) the Y. S. River area;
(4 the areas described in the Additional Areas (Parish

of St. Elizabeth) Reclamation Order, 1953, pub-
lished in the Jamaica Gazette Supplement Pro-
clamations, Rules and Regulations on the 26th day
of January, 1953; and

(e) such other areas in the parish of St. Elizabeth as
the Minister may, by order, specify for the
purposes of this Act;

"company" means a company incorporated under the Com-
panies Act;

*TYa Ad bu h a 8 t w p n r l l y modltfcd See L.N. 25C1190.

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IRRIGA TIOK

7211956
S. 2 (a).

711999
Sch.

7!1999
Sch.

711999
Sch.

711999
Sch.

"drainage" means the removal from land of any water
which may be detrimental to the use or development
of land for any purpose;

"irrigation" includes the inundation of agricultural land;

"irrigation area" means any area declared to be an
irrigation area under section 3;

"interested party" means-

(a) in relation to the acquisition of any proprietorial
interest by the Authority, the person by whom
such proprietorial interest may lawfilly be
conveyed to the Authority; and

(b) in relation to the acquisition of any ancillary right
by the Authority, every person in whom is vested
any proprietorial interest in the land over which
such ancillary right is sought to be acquired; and

(c) in relation to any servitude, any person by whom
such servitude may lawhlly be extinguished;

"reclamation" means the recovery of the use of land pre-
viously inundated with water;

"reclamation scheme" means a scheme for the drainage and
reclamation of any land;

"irrigation purposes" means the collection, impounding and
distribution of water for irrigation within the irrigation
area in relation to which the expression is used;

"irrigation scheme" means a scheme for implementing
irrigation purposes in the irrigation a k a in relation to
which the expression is used;

"provisional irrigation scheme" means an irrigation scheme
prepared under this Act at any time before it becomes
an approved irrigation scheme;

"approved irrigation scheme" means an irrigation scheme
prepared under this Act and approved by the Minister

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IRRIGATION

under section 12 at any time before it becomes a con-
firmed irrigation scheme;

“cunfirmed irrigation scheme” means an irrigation scheme
prepared under this Act approved by the Minister and
confirmed under section 13;

.“irrigation works or work” or “reclamation works” includes =,
every description of building. structure, excavation,
well, tank, reservoir, dam, embankment, sluice, aque-
duct, canal, trench, pipe, cable, wire, pump, appliances,
plant, machinery or apparatus used or proposed or
intended to be used-
(a) for or in connection with any irrigation or drainage :2ili:y

purpose; o r
(b) for the generation, conservation, storage, supply or

distribution of power of any description for or in
connection with any irrigation purpose; or

(c! for facilitating communications of every description
within or between any parcels of lands upon which
are situated or are proposed to be situated a n y
works of the nature referred to in paragraph I
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