Land Development and Utilization

Link to law: http://www.moj.gov.jm/laws/land-development-and-utilization
Published: 1966-12-01

LAND DEVELOPMENT AND UTlLlZATION

THE LAND DEVELOPMENT AND UTILIZATION
ACT

ARRANGEMENT OF SECTIONS

PART I. Preliminary

1. Short title.
2. Interpretation.
3. Designation of agricultural laud.

PART II. Development and Utilization of Land

4. Responsibility of occupier.
5. Power of Commission to declare idle land.
6. Power of Commission to require development plan.
7. Changes of occupier of idle land.

PART III. Dispossession of Owners or Occupiers

8. Dispossession of owner.
9. Penalty on occupier.

10. Power to lease instead of purchasing.
11. Procedure and compensation.

PART IV. Land Development and Utilization Cornrnission

12. Establishment and incorporation of Land Development and

13. Power of Minister 10 issue general directions in matters of policy.
14. Duties of Commission.
i 5. Powers of Commission to require information.
16. Power of inspection.

Utilization Commission.

Ehc inclusion of this page is aulhor.Eed by L.N. 68119781

I

2 LAND LTEVELOPMENT AIVD UTlLlZA TiON

PART V. General Provision

17. Provisions as to represeniations.
IS. Service of notices.
19. Information as to dealings in agricultural land.
20. Restrictions on disposition of agricultural land.
21. Power to make regulations.
22. Offcnces.

2 2 ~ . Development plan or utilization plan to be dispensed with in

i certain circumstances.
23. Application of this Act to subdivisions of agriculhral land.
24. Construction of this Part.
25. Responsibility of occupier of land.
26. Power of Commission to declare land unused land.
27. Power of Commission to require development plan for unused

28. Changes of occupier of unused land.
29. Application of Parts III and V and sections 14 and 15 to unused

land.

land.

SCHEDULE

.I

[The inclusion of this page is authorised by L.N. 68119781

LAND DEVELOPMENT AND UTILIZATION 3

Acta
22 ot 1964
31 of 1976,

9 of 1997.

THE LAND DEVELOPMENT AND UTILIZATION
ACT 20 01 1977,

[lst December. 1966.1

PART I. Preliminary
1. This Act may b: cited as the Land Development and shorttitlo.

Utilization Act.

2 . 4 1 ) In this Act-
“agricultiird land” means land-

(U) used for agriculture; or

(b) designated pursuant to section 3 as agricul-
tural land;

“agricultural unit” means land-

(a) comprising or including one or more parcek
of agricultural land (whether contiguous or
not) of not less than the prescribed acreage
in the am-egate; and

(b) having the same person as occupier within the
meaning of this Act,

which is either being farmed as a unit or as respects
which the Commission directs that it should be so
farmed in the interest of full and efficient
production;

“agriculture” includes horticulture, fruit growing, seed
growing, forestry, dairy farming and livestock
breeding and keeping, the use of land as grazing
land, pasture land, market gardens and nursery
grounds;
~heinclusionofibithispawis authorircdby LN. 14611999]

4 LAND DEVELOPMENT AND UTILIZATION

“chairman” mcans the chairman of the Commission
or any person for the time being performing the
functions of the chairman;

Tommission” means the Land Development and
Utilization Commission established under section

‘‘farm’’ means to cany on in relation to land any
agricultural activity with a view to the proper
development and utilization thereof;

“idle land” means land in respe2t of which an order
under section 5 is in force;

“idle land order” means an order under section 5
declaring land to be idle land for the purposes of
this Act;

“occupier”, in relation to land, means the person having
for the time being the right to farm the land and
for the purposes of Part VI, includes any person
whose interest in the land entitles him to develop
or use it;

“owner”, in relation to land, means the person in whom
for the time being is vested the legal estate in fee
simple;

12;

5111976
S Xa).

3111976
S. Xb).

“prescribed acreage” means, subject to section 23, 100
acres or such other acreage, not less than 50 acres,
as may be prescribed;

“relevant circumstances”, in relation to land, includes
all circumstances affecting the farming or, for the
purposes of Part VI, the use or development of
the land other than the personal circumstances of
the occupier thereof.

(2) For the purposes of this Act the Commission shall
keep, in such form as it may determine, a register of owners
of land and other persons who are trustees of, or interested
under, settlements as mentioned in subsection (3) of section

3111976
s. zcc).

[TOle~cnclusiondthispegeisauthorized By L.N. 144119991

LAND DEVELOPMEA'T AND UTILIZATION

8, being in any case persons who in the prescribed manner
apply to be entered on the register.

(3) References in this Act to the use of land for
agriulture include, in relation to land forming part of an
agricultural unit, references to any use of the land in
connection with the farming of the unit.

5

3 -41 ) The Commission with the approval of the Mmister ~ i m . t i c n
may from time to time by order designate as agricultural iand "32:
any land which, having regard to its situation, charactcr and
other relevant circumstances, the Commission considers
ought to be brought into use for agriculture, so, however,
that no order shall be made under this section in relation
to-

(a) land the use of which for some development pur-
pose other than agriculture has been approved
under the Town and Country Planning AcS

(b) such land in the possession of recognized bauxite
producers or recognized alumina producers within
the meaning of the Bauxite and Alumina Industries
(Encouragement) Act as may for the time k i n g be
exempted by the Minister by notice in the Gazette.

(2) Before making an order under this section the
Commission shall couult with the Watersheds Protection
Commission established under the Watersheds Protection
Act, and with every Authority established under the
Irrigation Act, or the Rural Agricultural Development
Authority Act in relation to the area in which is situated the
land which is to be the subject of the order,

PART 11. Development and utilization of Land
4 . 4 1 ) For the purposes of this Act, it shall be the R.WO~U$.

bilityof responsibility of an occupier of an agricultural unit to farm
the agricultural land in the unit to such extent as may be
prxticable having regard to the character and situation of
the unit and other relevant circumstances.

~iwlWjo~~inhi.pnc.~iutboriad~~N.5/1~J

6 L A N D EEVELOPMENT A N D UTILIZATION

(2) In determining whether the occupier of an agri-
cultural unit is fulfilling his responsibility under the Act
to farm thc agricultural land in the unit regard shall be had
to the extent to which and the manner in which-

(a) pasture is being maintained;
(6) arable land is being cropped;
(c) the unit is stocked where the system of farming

practised requires the keeping of livestock,
so, however, that arable land which for two years or more
has ilot been cropped or used for some other agricultural
purpse approved by the Commission shall be conclusivcly
presumed not to be farmed.

P O W of

miMim
t o d d m

5.-(1) Where i t appears that the occupier of an agri-
cu1:ural unit is nat fdfilling his responsibility under this
Act to farm any agricultural land comprised in such unit,
th> Commission, if so satisfied aftcr affording to ihj
occupier an opportunity of making representations to the
Commission whether in writing or on being heard by a
person named by the Commission, may by ordzr published
in the Gazeire dxlare such unit or any of the agricultural
land therein to be idle land for the purposes of this Act :

Provided th-t no such order shall be made in respct of
land of less than 10 acres, but subject to section 23.

(2) Subject to subsection (3) an order made under
subsection (1) shall come into force at the expiration of
thirty days from the date of publication thereof in the
Gazette.

(3) An occupier may within thirty days (or such
longer period as the Minister may allow) from the date
of publication thereof in the Gazette and in the prescribed
manner appeal to the Minister against any order made under
subsection (11, and an order in respect of which an appeal is
filed shall not come into force unless and until it is confirmed
by the Minister on the hearing of the appeal.

Cam-

idle land

31/1976
s. 3('l).

31 / 1976
S. 3(2).

Pk inclusion of this p a s 6 outhorivd by LN. 5{1992]

i

LAND DEVELOPMENT A N D UTILIZATION

(4) While an idle land order is in force, the Com-
mission shall have power from time to time to review the
farming of the land to which the order relates) and-

(U) a review shall be held under this subsection as soon
as may be after the expiration of twelve months
from the coming into operation of the order (unless
a review has been previously held), and, where one
or more reviews have already been held under this
subsection in relation to the o er, a further review
shall be held as soon as may $' e after the expiration
of twelve months from the previous or last such
review;

(b) a review under this subsection shall be held after
affording to the occupier of the land to which
the order relates an opportunity of making
representations to the Commission, whether in
writing or on being heard by a person named by
the Commission.

(5 ) Where an idle land order-
(U) has not been confirmed by the Minister pursuant

to subsection (3); OF
(b) is in force and the Commission is satisfied that

by reason of the extent to which and the manner
in which the land is being farmed, it is no longer
necessary that the order should continue in force,

the Commission shall revoke the order and such revocation
shall be published in the Gazette.

' (6) Forthwith-after the making of an idle land order
the Commission shall serve a copy of the order on the
occupier, and forthwith after the revocation of such an order
the Commission shall serve notice of the revocation on the
occupier.

IThe induaion of thii page is authsrized by LN. 68/1978]

7

8 LAND DEVELOPMENT AND UTlLIZATION

(7) Where the owner of land is not also the occupier
thereof and the Commission is aware of his interest in the
land-

(a) an opportunity of making representations to the
Commission shall be afTorded under subsection (1)
or (4), as the case may be, both to the owner and
to the occupier;

(b) any service of a copy of an order or of a notice
of the revocation of an order required by sub-
section 6) shall be effected both on the owner and
on the occupier.

Power of 6 4 1 ) Subject to section 22A upon the coming into force
corn.
mihon of an idle land order the Commission shall cause to be
(OmUirs on the occupier of the agricultural land to which the order
fT%Ka relates a notice requiring him to prepare and to submit to
s. 2. the Commission within such time as may be specified in

the notice, not being less than two months after the notice
is served on him, a development plan in respect of the
farming of such agricuIturd land:

Provided that a notice shall not be served under this
section in respect of any area of land mnsisting of less than
10 acres, but subject to section 23.

(2) Where a development plan is submitted to the
Commission pursuant to subsection (l), the Commission
may approve the plan or may re+ the plan and cause a
notice to be served on the occupier indicating the reasons
for rejecting the plan and requiring the plan to be modi-
fied in the respects specified in the notice and, within such
time as may be so specified, submitted to the Commission
for approval.

(3) A development plan approved by the Commission
may with the approval of the Commission be modified by
the occupier of the land to which it relates.

rnI1977

S. 31/1976 3(b).

ITbc inclusion of this page is authorized by LN 68/19781

LAND DEVELOPMENT A N D UTILIZATION 9

7. Where an idle land order is in force in respect of any Changwof
occupier of land any disposition or devolution of that land, whereby idleland.

some other person becomes the occupier of that land shall
not affect the continued operation of the order or of any
notice issued pursuant to section 6, and accordingly the order
shall continue in force and the notice shall have effect in
respect of such new occupier subject to such modifications
as may be agreed with the Commission.

PART lil. Dispossession of Owners or Occupiers
S.-(l) Subject to the provisions of this section, where D ~ P O W -

rion of the occupier of idle land being also the owner of such land-
(a) fails to comply with a notice under subsection (1) of

section 6; or
(b) fails to submit any revised plan required by the

Commission or to comply with any notice issued
by the Commission under subsection (2) of section
6; or

(c) fails to complete to the satisfaction of the Com-
mission either-

(i) all the work required to be done under the
development plan approved by the Com-
mission in relation to such land, within the
period specified in such development plan
for the completion of such work; or

(ii) any part of the work required to be done
under such development plan, within the
period specified in such development plan
for the completion of that part of the work,

the Commission may certify to the Minister accordingly
and thereupon the Minister shall have power to acquire
the land or any part thereof (not being less than 10 acres, 3111976
but subject to section 23) compulsorily under the Land S.
Acquisition Act as land needed for a public purpose.

lThe inclusion of this page i s aurhorized by LN. 31/1977]

10 LAND DEVELOPMENT AND UTiLlZATION

(2) The Commission shall not give a certificate under
subsection (1) until after aRording to any such person as is
specified in subsection (3) an opportunity of making
representations to the Commission, whether in writing or
on being heard by a person appointed by the Commission.

(3) The persons referred to in subsection (2) are, if
the certificate relates to settled land within the meaning of
the Settled Land Act, any person entered in the register kept
for the purposes of this Act who is a trustee of the settlement
or who under the settlement has a vested interest in the land
immediately following upon the interest of the person
beneficially entitled to the land in possession or who, being
an infant, is beneficially entitled to the land in possession.

Pcniltyon 9 . 4 1 ) Where the occupier of idle land not being the

(a) fails to comply with a notice under subsection (1)
of section 6; or

(b) fails to submit any revised plan required by the
Commission or to comply with any notice issued
by the Commission under subsection (2) of section
6; or

(c) fails to complete to the satisfaction of the Com-
mission either-

(i) all the work required to be done under the
development plan approved by the Com-
mission in relation tb such land, within the
period specified in such- development plan
for the completion of such work; or

(U) any part of the work required to be done
under such development plan, within the
period specified in such development plan
for the completion of that part of the work,

he shalI, subject to subsection (2), be liable to a penalty of
ten dollars in respect of each day that he fails to comply

owner of such land- occupier.

Khe inclusion of this page i s authorized by LN. 31/19771

LAND DEVELOPMENT AND UTILIZATION 11

with the notice or to submit a revised plan or to complete
to the satisfaction of the Commission the work or any part
of the work, as the case may be.

(2) Any such penalty shall be recovered by civil action
at the suit of the Commission in the Resident Magistrate’s
Court for the parish in which the idle land or any part there-
of is situated; so, however, that the Court shall if so requested
by the Commission make an order for the forfeiture to the
Crown of the interest of such occupier in the land in lieu of
the payment of the penalty.

(3) Where the interest of an occupier in any land is
forfeited under this section and at any time after the date
of such forfeiture the occupier remains in possession of the
land the Minister may make complaint to a Resident Magis-
trate in a court of summary jurisdiction and thereupon the
court shall by its warrant in the form set out in the Fifth -,

[Schedule to the Landlord and Tenants Act, subject to ~
necessary modifications, order vacant possession of the land
forthwith to the Minister.

10.41) Where pursuant to section 8 the Minister has P O W ~ ~ ~ O
lcaa In- the power to acquire land compulsorily he may, after

affording to the person from whom the land is to be acquired
an opportunity of making representations to him, whether
in writing or on being heard by a person appointed by him,
by notice in writing to such person elect, in lieu of purchasing
such land, to acquire compulsorily a leasehold interest in
such land for such period not exceeding ten years as may
be specified in such notice or for any other period exceeding
ten years as may be a g e d by such person.

acquired under subsection (l), the lease shall, subject to
section 11, contain such terms and conditions as may be
determind by the Minister and may with the agreement
of the owner of the land be renewed from time to time,

(2) Where a leasehold interest in land is compulsorily i ! d f g 7 6

Wh0 inclusion of this page is authorized by LN. 31/19771

12 LAND DEVELOPMENT AND UTILIZATlON

and, subject to subsection (5) in default of such agreement
the Minister shall have power-

(a) to renew the lease for a further period not exceed-
ing ten years; or

(6) if he considers such renewal inexwen t or i f
the owner requires him to elect between the option
provided by this paragraph and that provided by
paragraph (c), to cause the land to be restored
to the person entitled thereto; or

Id to acquire the land compulsorily under the Land
Acquisition Act a s land needed for a public pur-
pose, so, however, that where the land is compul-
sorily acquired pursuant to this section the com-
pensation payable in respect thereof shall be-

(i) determined on the assumption that the land
will continue to be used for agricultural
purposes and is not available for use for
any other purpose;

(ii) reduced by the value of any improvements
effected thereon by the Government or by
any person occupying or farming such land
during the period of the lease.

(3) Any such requirement to elect as mentioned in
paragraph (6) of subsection (2) shall be notified, in writing
to the Minister, and any such notice shall be given to him
before commencement of the period of six months, or any
lesser prescribed period, ending with the date of expiry of
the lease upon determination of which he shall elect as
aforesaid :

Provided that where the Commission is satisfied that the
owner, on account of illness or for any other cause, is
denied reasonable opportunity for giving notice of such a
requirement before commencement of the said period, the
Minister shall comply with the requirement if notie thereof

me inclusion of this page is authorized by L.N. 31119nj

LAND DEVELOPMENT AND UTILIZATION

is given within such time (whether during, or after expiry
of, that period) as, in the special circumstances of the case,
the Commission considers reasonable.

(4) For the purposes of sub-paragraph (ii) of para-
graph (c) of subsection (2), “improvements” includes any
amelioration enuring to the benefit of the land from its
reclamation, clearance, irrigation, excavation, filling, grad-
ing, levelling, protection against erosion or flood, or any
other works, additions or alterations; and any improvements
made a t any expense defrayed, OT defrayable, directly or
indirectly out of public funds shall, for the purposes of
sub-paragraph (ii) aforesaid, be deemed to be improvements
effected by the Government.

(5) In relation to the termination of any lease pur-
suant to this section, the provisions of subsections (2) and
(3) of section 38 of the &and Acquisition Act shall apply
mutatis murandis as they apply on the expiration of a term
under that Act but wthout prejudice to the provisions of
sub-paragraphs (i) and (ii) of paragraph (c) of subsection
(2).

13

11.-(1) The procedure in relation to the compulsory Proccduro
acquisition of a leasehold interest in land under section 10 pensation.
shall, subject to this section, be the same, mutatis murandis, i!’;,’’‘
as the procedure under the Land Acquisition Act in respect
of land needed for a public purpose.

(2) The compensation payable in respect of land so
leased shall, in the absence of agreement, be determined in
accordance with the following principles-

(a) annual rental shall be payable for the land on the
basis that each year’s rent shall be the equivalent
of one per centurn of the unimproved value of the
land at the time of commencement of the lease
or any renewal thereof, as the case may be;

and com-

IThe inclusion of this page is authorized by LN. 31/1977]

14 LAND DEVELOPMENT AND UTILIZATION

(b) it shall be a condition of the lease of the land-
(i) that all land tax, as defined in paragraph

(b) of subsection (5) of section 24 of the
Land Valuation Act, shall during the con-
tinuance of the lease, be paid by the
Commissioner of Lands; and

(ii) that if there is in force an approved
mortgage of the land, payments of interest
and repayments of capital in conformity
with the terms of the approved mortgage,
during the continuance of the lease, shall
be made by the Commissioner of Lands:

Provided that for the purposes of sub-
paragraph (ii) of paragraph (c) of subsection
(2) of section 10, payments so made towards
capital shall be deemed to be moneys ex-
pended on improvements effected on the
land.

(3) Subject to the provisions of subsection (4), for

(a) “approved mortgage” means a mortgage which
the Commission is satisfied, after affording the
parties thereto an opportunity of making repre-
sentations to the Commission (whether in writing
or on being heard by a person appointed by the
Commissiont

(i) was not entered into in contemplation of
the application of this section; and

(U) gave rise to proceeds which, in so far as
they have been received from the mortgagee,
are included in expenditure incurred for the
purpose of the purchase, development or
improvement of the land so mortgaged,

the purposes of this section-

-
W e inclusion of this pase is authonzed by LN. 31/1977]

LAND DEVELOPMENT AND UTILIZATlON

so, however, that whenever a part only of the
proceeds is so included, the mortgage shall be
treated as an approved mortgage in relation only
to that part;

(b) where this section applies to a part only of the
land to which an approved mortgage relates, the
Commission after affording the parties thereto
like opportunity as mentioned in paragraph (a),
may make such apportionment of the interest and
capital to that part as the Commission deems meet.

(c) “unimproved value” shall, in relation to land leased
under section 10, have the meaning attributable in
conformity with section 2 of, the Land Valuation
Act to that expression, but with reference (not-
withstanding anything in that section) to-

(i) the time of commencement of such lease
as aforesaid or any renewal thereof, as the
case may be; and

(ii) determination by such authority as may
exercise the functions conferred in that
behalf pursuant to the Land Acquisition
Act.

(4) Nothing in subsection (3) shall be construed to
preveilt the Commission’s decision, in so far as it forms a
basis for the determination of compensation in conformity
with subsection (2), from being subject to reference to the
Supreme Court and appeal therefrom in pursuance of sub-
section (1).

(5) Notwithstanding anything to the contrary, the
Minister shall, at any time, during the subsistence of any
leasehold interest in land pursuant to this Part have power
to acquire the land compulsorily under the Land Acquisition
Act, subject to like terms as specified in paragraph (c) of

IThe inclusion of this page is aulhorized by LN. 31119771

16

Establish-
ment and
incorpora-
tion of
Land
Develop-
ment and
Utilization
Com-
mission.

Schedule.

power of
Minister to
issue
general
directions in
matters of
policy.

Duties of

mission.
CO*.

LAND DEVELOPMENT AND UTILIZATION

subsection (2), and subsection (4), of section 10 in relation
to compensation.

PART 1V. Land Developmen f and Utilization Commission

12.41) There is hereby established a body to be called
the Land Development and Utilization Commission which
shall be a body corporate with perpetual succession and a
common seal and with power to acquire, hold and dispose
of property, to enter into contracts, to sue and be sued in
its said name and to do all things necessary for the purposes
of this Act.

(2) The provisions of the Schedule shall have effect
as to the constitution, operations and expenses of the Com-
mission and otherwise in relation thereto.

(3) The seal of the Commission shall be authenticated
in the manner prescribed in the Schedule and shall be
judicially and officially noticed.

13. The Minister may, after consultation with the chair-
man, give to the Commission such directions of a general
character as to the policy to be followed by the Commission
in the performance of its functions as appear to the Minister
to be necessary in the interest of the Island, and the Com-
mission shall give d e c t thereto.

14. It shall be the duty of the Commission-
(a) to ensure that occupiers of agricultural units fulfil

their responsibilities under this Act to farm the
agricultural land in such units;

(b) to ensure that such agricultural land is, as far as
possible, properly developed and utilized, and

(c) to perform such other functions as may be required
by the Minister.

me inclusion of this page is authorized by L.N. 31/1977l

LAND DEVELOPMENT AND UTILIZATION 11

15, For the purpose of performing its duties under this P o m o f
Corn-

to require
Act the Commission may require owners and occupiers to &*ion
furnish such information pertaining to land owned by them informa- .
or in their possession or control, as the Commission may tion.
require, and without prejudice to the generality of the fore-
going, the Commission may require from owners or
occupiers of land information as to-

(U) the area of the land owned or occupied, as the case 3i/i976
may be, and the boundaries thereof;

(6 ) the area of the land in use, and the nature of use;
(c) the form of tenure under which the land is occupied;
( d ) the number of tenants (if any) in occupation of the

land;
(e) any encumbrances relating to the land;
(R the particulars of any registration number, volume,

folio, or other information in relation to the land
or persons having interest therein recorded in any
official records concerning the Iand or title thereto.

S. 6!a).

3il l976
S W.

1 6 . 4 1 ) Subject to subsection (2) any member of the po-of
mapdon. Commission or any person authorized in writing by the

Commission in that behalf may at any time in daylight-
(U) enter upon any land for the purpose of-

(i) inspecting the condition of the land or of
any agricultural activity thereon;

(ii) ascertaining what crops are cultivated and
the conditions under which such crops are
so cultivated and the crops which are most
suitable to be cultivated upon the land; or

(iii) ascertaining the expediency or otherwise of
the doing upon the land of any agricultural
activity;

(b) inspect the condition of such land or of any agri-
cultural activity thereon; and

m e inclusion of this wee i s authorized by LN. 31119771

18 LAND DEVELOPMENT A N D UTILIZATION

(c) take such angles, bearings or measurements of the
land or samples of the soil upon the land as may be
necessary for the purpose for which that person
entered upon the land.

(2) A person shall not enter upon any land under
the provisions of this section without the consent of the
person in residence on the land or, if there is no such person,
the occupier of the land-

(a) unless he has given to such person or to such
occupier, as the case may be, not less than three
days’ notice of his intention to enter upon such
land; or

(b) if the name or address of such person or of such
occupier, as the case may be, is not known to and
cannot reasonably be ascertained by him, unless
a period of not less than three days has elapsed
since he has posted on or near to the land a notice
of his intention to enter upon the land.

PART V. General Provision
17.-(1) Any enactment in this Act providing, in relation

to the taking of any action by the Commission, for its taking
the action after affording a person an opportunity to make
representations to the Commission, whether in writing or
on being heard by a person appointed by the Commission
shall be construed as a provision that the Commission shall
comply with the following requirements.

(2) The Commission shall give notice to the said
person specifying the action proposed to be taken and
informing him of the effect of subsections (3), (4) and (5 ) .

(3) If within the prescribed time and in the pre-
scribed manner the said person makes representations to
the Commission in writing, the Commission shall not take

tov vision^

dCntBhOIIS.
M t0 ICprC-

inclusion of this is adorized by LN. 31/197n

LAND DEVELOPMENT A N D UTlLIZATION

the action in question until it has considered the represen-
tations.

(4) If, whether or not representations are made to
the Commission in writing, the said person within the pre-
scribed time and in the prescribed manner requires that
an opportunity be afforded to him of being heard by a person
appointed by the Commission for the purpose, such an
opportunity shall be afforded to him and, on the same
occasion, to any other person to whom under the enactment
referred to in subsection (1) the Commission is required to
afford such an opportunity, and the Commission shall not
take the action in question until it has considered any
representations made at the hearing.

(5) If for the purposes of any such hearing the
person to whom the opportunity is afforded so desires, the
like opportunity shall be afforded to a person chosen by
him to represent his views to the Commission.

(6) This section shall apply to the Minister as it
applies to the Commission.

19

18.41) Any notice or other document required or saviccof
authorized by or under this Act to be given to or served on
any person shall be duly given or served if it is delivered
to him, or left at his proper address, or sent to him by post
in a registered letter.

(2) Any such document required or authorized to
be given to or served on an incorporated company or body
shall be duly given or served if given to or served on the
secretary or clerk of the company or body.

(3) For the purposes of this section the propel
address of any person to or on whom any such document
as afdresaid is to be given or served shall, in the case of the
secretary or clerk of any incorporated company or body, be

(The inclusion of thia me is authorized by LN. 3111971

20

Informa-
tion as todeal-
mas
agriCUltural
land.

LAND DEVELDPMENT AND UTlLlzATION

that of the registered or principal office of the company or
body, and in any other case be the last known address of
the person in question.

(4) Where any document is to be given to or served
on a person as being the person having any interest in land,
and it is not practicable after reasonable inquiry to ascertain
his name or address, the document may be given or served
by addressing it to him by the description of the person
having that interest in the land (naming it), and delivering
the document to some responsible person on the land or by
affurng it or a copy of it to some conspicuous object on the
land.

19. The Minister may by regulation require that parties
to any sale of agricultural land or to any grant, assignment
or surrender of a tenancy of such land for an interest not
less than that of a tenant for a year, shall within the pre-
scribed period from the completion of the transaction furnish
to the Minister, in such manner as may be prescribed,
information as to the nature of the transaction, the names
and addresses of the parties to the transaction and the
situation and extent of the land thereby affected.

20. An owner or occupier of, or any other person having
an interest in, any land comprising or included in an
agricultural unit shall not without the approval in writing
of the Commission-

(U) sell, lease or let the land or any part thereof; or
(b) transfer or assign his interest therein or in any

part thereof,
and any such sale, lease, letting, transfer or assignment shall
'not have effect unless and until it is approved by the Com-
mission.

m e inclusion of this page is authorized by LN. 31119771

LAND DEVELOPMENT A.VD UTILIZATlON 21

2 1 . 4 1 ) The Minister may make regulations prescribing P&yb
anything which may be or is required to be prescribed under rrg~lati~aa.
this Act and generally for the better carrying into effect of
the provisions of this Act.

(2) Regulations prescribing the minimum arm of
agricultural land in an agricultural unit for the purposes
of this Act shall be subject to affirmative resolution.

13) Notwithstanding section 29 of the Interpretation
Act, regulations made under this Act may prescrib- greater
penalties than those specified in the said section 29, so, how-
ever, that the maximum penalty that may be imposed by any
such regulations shall be a fine of two hundred dol im or
imprisonment with hard labour for a term of twelve months.

22. Any person who- offcnosa.
(a) assaults or obstructs a member, servant or agent

of the Commission acting in the execution of his
duty under this Act; or

(b) having been required by the Commission under
section 15 to furnish any information, refuses with-
out just cause or lawful excuse to furnish such
information, or knowingly furnishes false informa-
tion,

shall be guilty of an offence and liable on summary con-
viction before a Resident Magistrate to a fine not exceed-
ing two hundred dollars or to imprisonment with or with-
out hard labour for a term not exceeding twelve months. ~\ I
22A. Notwithstanding anything to the contrary in section D O V ~

order made underpart TI or an unused land order made Pb*”
under Part VI, as the case may be, the Minister may, if zg=d
he things fit, having regard to the circumstances of the c+n
case, acquire any land to which such an order relates or a-.
any part of such land under the Land Acquisition Act as z o m n S. 3,
land needed for a public purpose or acquire compulsorily
a leasehold interest in such land or part thereof without
having regard to the provisions of section 6 or section 27,

6 or section 27, upon the coming into force of an idle land Et&,- z

mcum-

[The inclusion of this page is authorized by LN. 68/19Y8]

22

1

LAND DEVELOPMENT AND UTILIZATION

as the case may be, with respect to the requirement of
preparation and submission by the occupier of such land
of a development plan or a utilization plan in respect of
such land, so, however, that-

(a) the provisions of sections 10 and 11 shall, rnuiafk
rnutundis, apply to the compulsory acquisition of
a leasehold interest as aforesaid; and

(b) subject to section 23, the minimum acreage of idle
land so acquired or in respect of which a leasehold
interest is so acquired shall be ten acres.

Application 23. In relation to any lots resulting from a sub-division
tosub- of agricultural land, being a sub-division or development
agricultural sanctioned under the Town and Country Planning Act or
land. the Local Improvements Act after the 26th day of
s. 7. September, 1976, anything provided by virtue of this Act

which restricts by reference to a number of acres the
application of any provisions of this Act shall apply as
if the number of acres so referred to had been reduced to
such extent as may be necessary to allow the application
of such provisions to those lots.

of this Act

31 / 1976

Construe-
tion of
this Part.
31 I1976
s. 7.

PART VI. Unused Land
24.-(1) This Part applies to any land, except agricultural

land. and references in this Part to land shall be construed
accordingly, but nothing in this Part shall be construed to
prejudice the power of the Commission to make any order
under section 3 in respect of any land, other than unused
land.

(2) In this Part-
“unused land” = e m land in respect of which an

order under section 26 is in force;
“unused land order” means an order under section 26

declaring land to be unused land for the purposes
of this Act;

“value of improvements” shall, in relation to land, have
the meaning attributable in conformity with sec-
tion 2 of the Land Valuation Act to that expres-

-
m e inclusion of t h i s page is authorized by L.N. 68119781

LAND DEVELOPMENT A N D UTILIZATION 23

sion, but with reference (notwithstanding any-
thing in that section) to such date Tespecting that
land as is mentioned in subsection (3) of section
25 of this Act.

25.-(1) For the purposes of this Act it shall be the E&?$-
responsibility of the occupier of land to develop and use occupierof
it to such extent as may be practicable having regard to 2796
the character and situation of the land and other relevant S. ’
circumstances.

(2) In determining whether the occupier of land is
fulfilling his responsibility for the purposes of this Part
regard shall be had to-

(U) the extent to which and the manner in which
industrial, commercial, residential or any other
activity i s being carried out on the land; and

(b) the nature and complexity of any plans under
consideration for development of the land, and
the extent to which the time required for imple-
mentation of those plans is reasonable in a l l the
circumstances of the case.

%.-(I) Where it appears that the occupier of land is Powerof
not fulfihg his responsibility for the purposes of this Part riontodo
to develop and use the land, the Commission, if so satisfied
after affording to the occupier an opportunity of making
representations to the Commission whether in writing or S. 7.
on being heard by a person named by the Commission,
may by order published in the Gazette declare such land
or, subject to subsection (2), any portion thereof to be
unused land for the purposes of this Act.

(2) An order under subsection (1) shall not be made
in respect of a portion only of land unless the whole land
exceeds ten acres.

(3) Subject to subsection (4), an order made under
subsection (1) shall come into force at the expiration of
thirty days from the date of publication thereof in the
Gazette.

Commis-

clare land

me inclusion of this page is authorized by LN. 68/1978]

LAND DEVELOPMENT A N D UTILIZATlON

(4) An occupier may, within thirty days (or such
longer period as the Minister may allowj from the date of
publication thereof in the Gazette and in the prescribed
manner, appeal to the Minister against any order made
under subsection (l), and an order in respect of which an
appeal is filed shall not come into force unless and until it
is confirmed by the Minister on the hearing of the appeal.

(5) While an unused land order is in force, the
Commission shall have power from time to time to review
thc development and use of the land to which the order
relates, and-

(a) a review shall be held under this subsection as soon
as may be after the expiration of twelve months
from the coming into operation of the order (un-
less a review has been previously held), and, where
one or more reviews have already been held under
this subsection in relation to the order, a further
review shall be held as soon as may be after the
expiration of twelve months from the previous
or last such review;

(b) a review under this subsection shall be. held after
affording to the occupier of the land to which the
order relates an opportunity of making representa-
tions to the Commission, whether in writing or on
being heard by a person named by the Commission.

(6) Where an unused land order-

(a) has not been confirmed by the Minister pursuant
to subsection (4); or

(b) is in force and the Commission is satisfied that by
reason of the extent to which and the manner in
which the land is being developed or used, it is
no longer necessary that the order should continue
in force.

the Coininission shall revoke the order and such revocation
shall be published in the Gazette.

me inclusion of this m e 1s authorized by LN. 68/19T8]

LAND DEVELOPMENT AND UTfLlZATfON 25

(7) Forthwith after the making of an unused land
order the Commission shall serve a copy of the order on the
occupier, and forthwith after revocation of such an order
the Commission shall serve notice of the revocation on the
occupier.

(8) Where the owner of land is not also the occupier
thereof and the Commission is aware of his interest in
the land-

(a) an opportunity of making representations to the
Commission shall be afforded under subsection (1)
or (3, as the case may be, both to the owner and
the occupier;

(b) the owner shall have the like right of appeal under
subsection (4) as if he were an occupier;

(c) any service of a copy of an order or of a notice
of the revocation of an order required by sub-
section (7) shall be effected both on the owner and
the occupier.

27.41) Subject to section 22A upon the coming into powerof
force of an unused land order the Commission shall cause :z:r-
to be served on the occupier of the land to which the order :;zP
relates a notice requiring him to prepare and to submit to ment plan
the Commission within such time as may be specified in land.
the notice, not being less than two months after the notice S. ,,
is served on him, or such further time as the Commission $011977
may allow in the special circumstances of the case a utiliza-
tion plan in respect of the development or use of such land.

(2) Where a utilization plad is submitted to the
Commission pursuant to subsection (l), the Commission
may, subject to the provisions of the Town and Country
Planning Act and the Local Improvements Act, approve
the plan or may reject the plan and cause a notice to be
served on the occupier indicating the reasons for rejecting
the plan and requiring the plan to be modified in the respects
specified in the notice and, within such time as may be so
specified, submitted to the Commission for approval.

for Unued

31/1976

[The inclusion of this page IS authorized by L.N. 68/1978]

c1

26 LAND DEVELOPMENT A N D UTILZZATION

(3) A utilization plan approved by the Commission
may, with the approval of the Commission, be modified
by the occupier of the land to which it relates.

28. Where an unused land order is in force in respect of
any land, any disposition or devaluation of that land, where-
by some other person becomes the occupier of that land, *
shall not affect the continued operation of the order or
of any notice issued pursuant to section 27, and accordingly
the order shall continue in force and the notice shall have
effect in respect of such new occupier subject to such
modifications as may be agreed with the Commission.

29. The provisions of Part II1, of sections 14 and 15, and
of Part V shall apply, with the necessary adaptations and
modifications, in relation to unused land, and otherwise
for giving further and better effect to this Part, as they
apply for purposes relating to agricultural land, so, how-
ever, that-

(a) there shall, except to the like extent as specified
in subsection (2) of section 26, be no restriction
as to the minimum acreage that may accordingly
be acquired or leased pursuant to the provisions
of Part III; and

(b) paragraph (c) of subsection (2) of section 10 shall
have dec t as if sub-paragraph (i) of that paragraph
had been deleted and the following sub-paragraph
inserted htead-

“(i) determined with such user of the land in
contemplation as would have been taken
into account if such determination were
being made at the time of commencement
of the lease or any renewal thereof, as the
case may be;”;

(c) nothing in this section shall be construed to pro-
vide for the application of section 20 in relation
to any land, other than unused land.

-

[The inclurion of this page is authorized by LN. 68/1978]

~

I Changes ol
occupier
of unused
land.
31 1 1976
s. 7.

Application
of PSrta
111 and V
and sections
14md IS
to unused
land.
3111976
s. 7.

LAND DEVELOPMEA'T A N D UTILIZATION 27

SCHEDULE (Section 12)

The Land Development and Utilization Commission

1. The Commission shall consist of nine uersons to be aminted bv A m h b
the Minister. m&it of

mcmbcn
911997
3 2 (a).

2. The Minister may appoint any person to act temporarily in the Temporary
place of any member of the Commission in the case of the absence appoint-
or inabiliry to act of such member.

mission to be the chairman thereof, and may in the case of the absence
or inability to act of the chairman appoint any other member of the
Commission to perform the functions of the chairman.

(2) In the case of the absence or inability to act, at any meeting.
of the chairman the remaining members of the Commission shaU elect
one of their number to preside at that meeting.

4. (1) The appointment of every member of the Commission shall Tenuro
be evidenced by an instrument in writing, and such instrument shall OfO€ti-
state the period of office of th6 member which shall not e x d thrm
years.

(2) Every member of the Commission shall be eligible for
reappointment.

(3) Notwithstanding anything to the contrary the Minister m a y
at any time revoke the appointment of the chairman or any other
member of the Commission.

5. (1) Any member of the Commission other than the chairman
may at any time resign his office by instrument in writing addressed ti-
to the Minister and transmitted through the chairman, and from the
date of the receipt by the Minister of such instrument such member
shall cease to be a member of the Commission.

(2) The chairman may at any time resign his office by instrumenl
in writing addressed to the Minister and such resignation shaU take
effect as from the datc of the receipt of such instrument by the Minister.

6. The names of all members of the Commission as tirst constituted PUbkd.an
and every change in the membership thereof shall be published in the $yb"
Gazefie.

7. (1) The seal of the Commission shall be authenticated by the Authenh-
signatures of the cbairman or one member of the Commission authorized tion of a d
to act in that behalf and an officer of the Commission authorized
to act by the Commission.

(2) AU documents, other than those required by law to be under
seal, made by, and all decisions of, the Commission may be signified
under the hand of the chairman or any member or officer of the Com-
mission authorized to act in that behalf.

[The inclusion ob this m e IS authorized by LN. 146/19!W]

men*.

3. (1) The Minister shall appoint one of the members of the Com- Chairman.

za LAND DEVELOPMENT Ah'D UTILIZATION

8. (1) The Commission shall meet at such times as may be necessary
or expedient for the transaction of business, and such meetings shall
be held at such phcer and times and on such days as the Commission
shall determine.

(2) The chairman may at any time call a special meeting of the
Commission and shall call a special meeting to be held within seven
days of a written request for that purpose addressed to him by any
two members of the Commission.

(3) The chairman or, in the case of the absence or inability to
act of the chairman. the person elected in accordance with the pm-
visions of sub-paragraph (2) of paragraph 3 shall preside at the meet-
ings of the Commission, and wken so presiding the chairman or the
person elected as aforesaid. as the case may be. shall have an original
and a casting vote.

(4) The quorum of the commissioa shall be Bve mcmbera of
the Commission including the chairman or the person elected to preside
as aforesaid.

(5) Subject to the provisions of this Schedule the Commission
may regulate its own proceedings.

(6) The validity of any proceedings of the Commission shall not
be affected by any vacancy amongst the members thereof or by any
defect in the appointment of a member thereof.

9. There shall be paid to the chairman and other members of the
Conunission such remuneration, if any (whether by way of salaries
or travelling or other allowances). as the Minister may determine.

10. The funds of the Commission shall consist of such moneys as
may from time to time be placed at its disposition for the purposes of
this Act by Parliament. or such other moneys as may lawfully be paid
to the Commission.

11. (1) The Commission may appoint and employ at such remunera-
tion and on such terms and conditions as it thinks fit. such officers.
agents and servants as it thinks necessary for the proper carrying out
of its functions:

Provided that no appointment to a post carrying a salary in excess
of the rate of eight thousand dollars p r m u m shall be made without
the prior approval of the Minister.

(2) The Governor-General may, subject to such conditions as
he may impose, approve of the appointment of any public officer in
the service of Jamaica to any office with the Commission and any
public officer so appointed shall in relation to pension, gratuity or other
allowance and to other rights as a public officer, he treated as continuing
in the service of the Government.

12. (1) No action, suit, prosecution or other proceeding shall be
brought or instituted personally against any member of the Commission

IThe inclusion of this page is authorized by L.N. 146/1999]

pmadum
"d meet-
mgs.

91 1957
S 2 (b).

Rcmuncn-
lion of
IwmbCrs.

POWCr to
appoint 05
a r s a g e m
and

3111976
s a

Protsction
of mcmbm
of Com-
mi.9ion.

LAND DEVELOPMENT AND UTlLlZATlON 29

in respect of any act done born fide in pursuana or exeution or
intended execution of this Act.

(2) Where any member of the Commission is exempt from
liability by reason only of the provisions of this paragraph the Com-
mission shall be liable to the extent that it would be if the said member
was a servant or agent of the Commission.

13. The office of chairman or member of the Commission shall not O e o f
be a public office for the purposes of Chapter V of the Constitution of &%w
JZilllaiCa. nota

public
offia.

14. (1) The Commission shall keep proper accounts and other records
in relation to the business of the Commission and shall prepare annually and audlt
a statement of accounts in a form satisfactory to the lMiaister and shall and
submit the same from time to time with vouchers to the Auditor-General
to be audited.

(2) The Commission shall, on or before the thirty-6rst day of
October in each year, submit to the Minister for his approval, its
estimates of revenue and expenditure in respect of the financial year
commencing on the first of April next following.

15. (1) The Commission shall, as soon as practicable after the end h W l
of each financial year, cause to be made and transmit to the Minister report.
a report dealing generally with the activities of the Commission during
that financial year, and containing such information relating to the
proceedings and policy of the Commission as can be made public with.
out detriment to the interest of the Commission.

(2) The Minister shall cause a copy of the report together with
the annual statement of accounts and the Auditor-General's report
themn and on the accounts to be laid on the mpective Tables of both
Houses of Parliament

16. The Commission shall furnish the Minister with such returns, P O W W ~ ~
accounts and other information as he may require with respect to the Minis?
activities of the Commission, and shall afford to him facilities for '&-
verifying such information in such manner and at such times as he may
reasonably require.

mo inclusion of thb page is authorizad by L.N. 31/19771
Read Entire Law on www.moj.gov.jm