ARRANGEMENT OF SECTIONS

SECTION

CHAPTER 204

COAST PROTECTION

[Commencement 30th December, 1968]

"coast protection charges" means the charges for which provision is made in section 6 of this Act;

"coast protection work" means any work of construction, alteration, improvement, repair, maintenance, demolition or removal for the purpose of the protection of any land, and includes the sowing or planting of vegetation for the said purpose;

"land" includes land covered by water;

"Minister" means the Minister responsible for Ports and Harbours.

"owner" in relation to any land means the person, other than a mortgagee not in possession, who, whether in his own right or as a trustee for any other person, is entitled to receive the rack rent of the land or, if the land is not let at a rack rent, would be so entitled if the land were so let;

"protection" means protection against erosion or encroachment by the sea;

"stipendiary and circuit magistrate" includes the Chief Magistrate.

(2) The Minister may carry out coast protection work by the use of any departmental resources of the Government available to him or may enter into an agreement with any person for the carrying out, by that person, on such terms as may be specified in the agreement, of any coast protection work which the Minister has power to carry out under the provisions of this Act.

(3) The Minister may acquire, whether by purchase, lease, exchange or otherwise, any land necessary for the carrying out thereon of coast protection work under the provisions of this Act. If the Minister is unable to acquire any such land by agreement with the owner thereof, he may acquire such land compulsorily in accordance with the provisions of the Acquisition of Land Act.

Provided that a copy of the notice shall be served personally or by registered post upon any person who is considered by the Minister to be liable to contribute to the cost of such coast protection work.

(2) Where a notice of a proposal has been published under subsection (1) of this section, any person may, within twenty-eight days of the publication of the notice or, in the case of a person to whom the proviso to that subsection applies, of the date of receipt of any copy notice served as required by the said proviso, serve upon the Minister a notice of objection on any of the grounds mentioned in subsection (4) of this section.

(3) Where notice of objection has been served under subsection (2) of this section and not withdrawn, the Minister shall upon the expiration of the period within which any objection may be made, refer any such objection for hearing and determination by a magistrate's court, presided over by a stipendiary and circuit magistrate, in accordance with such procedure as may be prescribed by rules made under section 103 of the Magistrates Act.

(4) An objection may be made under this section on any one or more of the following grounds that is to say-

(5) Nothing in this section shall prevent the Minister from carrying out, without the provisions of this section having been complied with, any coast protection work which appears to him to be urgently necessary.

(2) The sum which the owner of any land is required to pay by way of apportioned contribution to the cost of any coast protection work shall not exceed the amount by which the value of such land immediately after the date of the completion of such coast protection work on account of which the contribution is required exceeds the value which such land would then have had if such coast protection work had not been carried out.

(3) Any dispute arising in connection with the apportionment of the cost of any coast protection work as to whether an apportioned contribution exceeds the amount permitted by subsection (2) of this section shall be referred by the Minister for hearing and determination by a stipendiary and circuit magistrate in like manner to an objection made under the provisions of section 4 of this Act; and if upon such reference it is determined that the apportioned contribution exceeds that amount, the apportioned contribution shall be reduced accordingly and the apportionment shall have effect as if the amount of the apportioned contribution expressed therein were the amount permitted by the said subsection (2) as determined pursuant to the reference.

(4) In any case in which any person who is liable to contribute to the cost of any coast protection work under this section has himself, prior to the carrying out of any work by the Minister, carried out any coast protection work which has reduced the extent or the cost of the work required to be carried out by the Minister, the Minister shall have regard to that fact in apportioning the cost of the work among the various persons liable to contribute thereto under the provisions of this Act.

(5) If the actual cost of such coast protection work differs from the estimated cost thereof specified in the notice published under the provisions of subsection (1) of section 4 of this Act, the Minister shall recalculate the amounts of the apportioned contributions among the persons liable to contribute as specified in such notice or, if such be the case, as amended by the court after the determination of any objection, and shall serve notice of the apportioned contributions as so recalculated on the persons concerned; and if in any case the amount which any person is required to contribute is greater than the amount originally estimated (as amended, if such be the case, by the court) such person may object to such increase by notice to the Minister within twenty-eight days of the service of notice of the recalculated apportionment, and such objection shall be referred by the Minister for hearing and determination in like manner to an objection made under the provisions of section 4 of this Act:

Provided that any objection made under this subsection shall relate only to matters arising out of the amendment of the apportionment and shall not extend to matters which were raised or could have been raised on objection to the apportionment first made.

(6) Where in accordance with the provisions of subsection (5) of section 4 of this Act the provisions of that section have not been complied with before any coast protection work is carried out, and the Minister considers that the cost of such work should be apportioned in accordance with the provisions of subsection (1) of this section, the Minister may apportion the cost of such work among the persons appearing to the Minister to be concerned by serving a notice setting out the apportionment upon such persons, and any such persons may within twenty-eight days of the service of such notice object by notice to the Minister on any ground mutatis mutandis on which an objection may be taken under subsection (4) of section 4 of this Act, and such objection shall be referred by the Minister for hearing and determination in like manner to an objection made under the provisions of that section.

(2) The Minister may recover summarily as a civil debt from any such owner of land as aforesaid any coast protection charges payable by such owner under the provisions of this Act, together with interest at five per centum per annum from the date upon which any such charges became payable:

Provided that the Minister may permit any person liable to pay coast protection charges under this Act to pay such charges by instalments, spread over a term not exceeding twenty years, subject to such conditions as the Minister may think fit to impose in any particular case.

(3) A charge upon the estate of the owner of any land arising in pursuance of the provisions of subsection (1) of this section shall be made in the prescribed form and shall be recorded in the Registry under the Registration of Records Act.

Provided that if it appears to the Minister to be urgently necessary for the protection of any land the any such work should be repaired immediately, he may take all necessary steps for repairing the same and for such purpose may authorise any person to enter upon any land at any time by day or night and without first giving any such notice as aforesaid and there remain for so long as may be necessary for such purpose.

(2) The powers conferred by subsection (1) of this section shall be exercised in such manner as shall cause as little damage as may be practicable.

(2) Without prejudice to any proceedings in respect of any offence under subsection (1) of this section, where any person has carried out any coast protection work in contravention of that subsection, the Minister may serve a notice upon him requiring him within such period, not being less than thirty days, as may be specified in the notice, to remove or alter any such coast protection work as may therein be specified, and if such person fails to comply with the requisition the Minister may authorise any other person so to remove or alter such works and may recover the expense of such removal or alteration as a civil debt summarily from the person upon whom such notice was served.

(2) The Minister may make an order applying the provisions of this section to any such portion of the seashore as may be described in the order:

Provided that any such order may, as respects the whole of that portion of the seashore or any such part thereof as may be specified in the order, except from the provisions of this section the carrying out of any excavation or the removal of any materials for any particular purpose subject to any limitations or conditions specified in the order.

(3) Any person who acts in contravention of the provisions of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one thousand dollars.

the Minister shall pay to that person compensation equal to the amount of the depreciation or damage:

Provided that a person shall not be entitled to compensation under paragraph (a) of this subsection unless the act or omission causing the depreciation or disturbance would have been actionable at his suit if it had been done or omitted otherwise than in the exercise of statutory powers.

(2) A claim for compensation under this section shall be made to the Minister within twelve months of the completion of the work, the refusal of consent, or the imposition of conditions, giving rise to the claim.

(3) Any dispute arising under this section shall be referred by the Minister for hearing and determination by a stipendiary and circuit magistrate in like manner to an objection made under the provisions of section 4 of this Act.

(4) Where any interest in land is subject to a mortgage-

(5) In this section the expression "interest" includes any estate in or right over land.