Kingston and St Andrew Water Supply Act

Link to law: http://www.moj.gov.jm/laws/kingston-and-st-andrew-water-supply-act
Published: 1911-03-20

KlNGSTON AND ST. ANDREW W A T E R SUPPLY

THE KINGSTON AND ST. ANDREW WATER
SUPPLY ACT

ARRANGEMENT OF SECTIONS

1. Short title.
2. Definition of “the Commissioners”.

PART I. Frryv River Supply

3. Commissioners may establish and construct dams, etc., for
certain purpose and may collect, etc., water from the Ferry
River and its tributaries.

1. Compensation to owners, etc., of land for any damage.

5. Part of Lands Clauses Act incorporated with this Part.
Powers of Resident Magistrate for Kingston.

PART 11. Wog Water River Supply

6. Commissioners authorized to use, etc., all water from the Wag
Water River.

PART 111. Iron, Plontain and Ginger Rivers

7. Power to Commissioners 10 construct dams and other works,

Proviso limiting amount of water to be taken during certain
etc.

months of the year.
8. Power to Conimissioner to acquire lands, etc.

Incorporation of Lands Clauses Act.
Compensation for future damage in relation to easements.
Lands, etc., acquired by Commissioners to he vested in Com-

Power to Commissioner of Lands to convey superfluous lands.
missioner of Lands.

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2 KINGSTON Ah'D ST. ANDREW WATER SUPPLY

9. Power to Commissioners to make compensation for damage for

Proviso that no compensation to be paid without proof of
lands and water.

damage.
10. Minister to approve of exercise of powers.

me inclusion of tpiS page is authorired by L.N. 57(19811

KINGSTON A N D ST. ANDREW W A T E R SUPPLY 3

Cap. 195.
Act

26 of 1980,
s. 12.

THE KINGSTON AND ST. ANDREW W A E R
SUPPLY ACT

[ZOth March, i91i.l

1. This Act may be cited as the Kingston and Saint Shorttiile.
Andrew Water Supply Act.

2. References in this Act to “the Commissioners” shall, Definition
subject to the provisions of the National Water Commission ;:;Eis.
Act, be deemed to be references to the Commission estab- g;&
lished under the National Water Commission Act and this s. 12.
Act shall be read and construed accordingly.

PART I. Ferry River Supply
3. The Commissioners may establish and construct across commis-

the Ferry River at such places as they may select dams and Mtablish
such other works as they may deem necessary for the ;;tz;;m,
purpose of obtaining additional water supply for the parishes etc.,for
of Kingston and St. Andrclvi and they may lay out, maintain purposeand
and establish such dams, reservoirs, pipes, machinery and
other works as they may think fit and may take, collect, use, ::;Ever
divert and distribute all or so much as they may from time andits
to time require of the watcrs of the Ferry River and its tri-
butaries and may acquire such lands and easements as the
site or sites of the dams, head-works and buildings in con-
nection with the said water supply or otherwise as they
may think fit for all or any of the foregoing purposes.

sioners m a y

certain

may collect,
water

tributaries.

4 . 4 1 ) The Commissioners shall, subject to both the compensa.
provisos in this subsection, make to the owners and owners,etc,,
occupiers and other parties interested in any lands com- ;i?;jf&
pensation for damage sustained by such owners, occupiers

tion to

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4 KINGSTON A V D ST. ANDREW WATER SUPPLY

and other parties in respect of such lands by reason of the
exercise of the powers vested in the Commissioners by this
section: such compensation to be ascertained and detcr-
mined in the manner provided by the Lands Clauses Act for
determining questions of compensation with regard to land
purchased or taken under the provisions thereof and for
the purposes of this Act diminution in the water of the
Ferry River shall subject to the said provisos be deemed to
be damage for which compensation may be made or assessed
under the said Lands Clauses Act :

Provided that no compensation shall in any case be made
to any such owiiers, occupiers or other parties without proof
by them that actual and appreciable pecuniary damage in
respect of such lands has been caused to such owners,
occupiers and other parties by reason of the exercise of the
powers vested in the Commissioners by this Part :

And provided also that no claim for compensation for
damage sustained shall in any case be allowed unless the
same is sued for within two years from the time when the
damage complained of resulted.

Powers of

~~~i~~~~~~

for Kingston.

(2) It shall be lawful for the Resident Magistrate
for Kingston to decide, subject to an appeal or a new trial,
as in other cases under the Lands Clauses Act, all questions
respecting such supply of water, and to give all such direc-
tions as may be necessary for that purpose, and to adjourn
any proceedings from time to time as he may see fit for the
purpose of having such directions carried out.

Resident

Part of 5. The Lands Clauses Act, with the exception of sections
ClausmAct 10, 11, 15, 16, 84: 88, 104 and 105, shall be deemed to be
hco~oratcd incorporated with this Part.
Lands

with this
Part.

me inclusion of this page is authorized by L.N. 57/i9811

KINGSTON A N D ST. ANDREW WATER SUPPLY 5

PART 11. Wag Water River Supply
6. The Commissioners may for the purposes of their Cpmmi-

undertakings take or divert, collect, store, use and distribute n u t b o n d
all the water from the Wag Water River or so much thereof all water
as they may at any time require and for the purposes afore-
said may establish, construct and maintain at such pIaces River.
as they may seIect dams and such other works and such
machinery as they may deem necessary or proper.

ssionem

to Use. etc.,

PART HI. Iron, Plantain and Ginger Rivers
7. The Commissioners, may establish and construct across Power to

one or more of the following rivers, that is to say the Iron ionemto
River, the Plantain River and the Ginger River at such places
the Commissioners may select, dams and such other works otherworh
as the Commissioners may deem necessary for the purpose
of obtaining an additional water supply for the parishes of
Kingston and Saint Andrew, and the Commissioners may
lay out, maintain and establish such dams, reservoirs, pipes,
machinery and other works as the Commissioners may think
fit and may take, collect, use, divert and distribute so much
as the Commissioners may from time to time require of the
waters of the said rivers and their tributaries :

Commis-

e1c.

Provided that the Commissioners shall not during the proho
months of January, February, July, August and September mountof
in any year take or divert from the said rivers any water in z:;zzg
excess of five million gallons per day.

limiting

certain
monthsof
the year.

&-(I) The Commissioners shall have power, either powCrto

hereditaments and to acquire such lands and hereditaments ;‘$,rEle
and to acquire any rights and easements in, over, or upon
such lands whether situated within or without the parishes of
Kingston and Saint Andrew for any of the purposes of this
Act.

compulsorily or by agreement, to enter upon any lands and Commis- ’
sloners to

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6 KINGSTON AND ST. ANDREW WATER SUPPLY

Inwrpora-
tion of
Lands
Clauses
Act.

Corn e n s -
tion 4,r
future
damage in
relation to
easements.

Lands, etc.,
acquired by
Commi-
ssioners
to be vested
in Comrni-
ssinnzr of
Landr.
Power to
Comrni-
srioner of
Lands to

lands.
:;X"OUS

Power to
Commis-
sioners to
make
wmpensa-
tion for
damane for
lands-md
witer.

(2) Any land, hereditaments, right or easement
required for any of the purposes of this Part may be
acquired under the Lands Clauses Act, or any enactment
passed in amendment thereof or in substitution therefor
and the said Act is incorporated with this Part save and
except sections 10, 11, 84, 88, 90, 91, 92, 93, 101, 103, and
104.

(3) The Commissioners may in acquiring any ease-
ment, covenant and agree with any person from whom such
easement may be acquired that the Commissioners will pay
all future damage when and as such damage may from time
to time be occasioned by the exercise of any of the rights
conferred by this Part, and in cases where no agreement shall
be come to as to the compensation to be paid for any ease-
ment, the Commissioners shall be entitled to have such com-
pensation assessed on the assumption or basis that the
Commissioners will enter into the covenant or agreement
hereinbefore mentioned.

(4) All lands, hereditaments, rights and easements
acquired by the Commissioners for the purposes of this Act
shall be conveyed to or vested in the Commissioner of Lands
of Jamaica.

(5) Any superfluous lands not required for the pur-
poses of the undertaking may be sold by the Commissioners
and shall be conveyed by the Commissioner of Lands to
such persons and in such manner as the Commissioners may
direct.

9. The Commissioners shall, subject to both the provisos
in this section, make to the owners and occupiers and other
parties interested in any lands compensation for damage
sustained by such owners, occupiers and other parties in
respect of such lands by reason of the exercise of the powers
vested in the Commissioners by this Part. Such compensa-
tion shall be ascertained and determined in the manner pro-

-
[The lnclunion of lhirpagc IS authonzed by L.N. 480/1973]

KINGSTON A N D ST. A.VDREW WATER SUPPLY I

vided by the Lands Clauses Act, for determining the
questions of compensation with regard to land purchased
or taken under the provisions thereof and for the purposes
of this Part diminution in the water of the rivers mentioned
in section 7 shall subject to the said provisos be deemed to
be damage for which compensation may be made or assessed
under the said Lands Clauses Act :

Provided that no compensation shall in any case be made Pmvisothat
to any such owners, occupiers or other parties without proof pcnration to
by them that actual and appreciable pecuniary damage in wihout
respect of such lands has been caused to such owners, :%&!
occupiers and other parties by reason of the exercise of the
powers vested in the Commissioners by this Part and
provided also that no claim for compensation for damage
sustained shall in any case be allowed unless such compensa-
tion is sued for within two years from the time when the
damage complained of resulted.

no com-

bc paid

10. None of the powers conferred upon the Commis-
sioners by the preceding sections of this Part shall be cxerciseof

powers. exercised unless and until the Minister has by order approved
of the exercise of all or any of such powers.

F e inclusion of lhis page is authorized by L.N. 480(1973]
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