CHAPTER
257
PRIVATE ROADS AND SUB-DIVISIONS (OUT ISLANDS) |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Approval required to lay out new road and a new
sub-division. |
Approval required to construct new road. |
Restriction on selling or disposing of lots in
new sub-division. |
Restriction on building in certain new
sub-divisions. |
Restriction on selling, letting, etc., lots in
certain new sub-divisions. |
Specifications for new roads. |
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CHAPTER 257 |
PRIVATE ROADS AND
SUB-DIVISIONS (OUT ISLANDS) |
An Act to
make better provision for the control of the laying out and construction of new
private roads and sub-divisions in the Out Islands and to confer powers upon
the Minister responsible for private roads and sub-divisions in connection
therewith. | 31 of 1965
79 of 1965
13 of 1973
5 of 1987 |
[Commencement 5th
August, 1965] |
1. This Act may be cited as the Private Roads and
Sub-divisions (Out Islands) Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"owner",
in relation to any land, means a person other than a mortgagee not in
possession who, whether in his own right or as a trustee or agent for any other
person, is entitled to receive the economic rent of the land, or, where the
land is not let at an economic rent, would be so entitled if it were so let; |
"Minister"
means the Minister responsible for Private Roads and Sub-divisions; |
"prescribed"
means prescribed by regulations under section 11 of this Act; |
"road"
means any alley, highway, lane, street or thoroughfare, but does not include a
private drive or carriageway and "new road" means a road first laid
out in a new sub-division after the coming into force of this Act; |
"sub-division",
in relation to any land, means a tract exceeding five acres divided into lots
in the division of which provision is made for the reservation of sites for the
construction of access roads and "new sub-division" means a
sub-division in which the tract concerned is first divided after the coming
into force of this Act; |
"trunk
road" means any public road used or intended to be used by members of the
public for passage through or past the boundaries of any sub-division. |
3. (1) No person shall, without the approval of the
Minister, lay out any new road or any new sub-division. | Approval required to lay out new road and a new
sub-division. |
(2) Every owner of
land desiring to lay out any new road or new sub-division shall submit for the
consideration of the Minister specifications of the construction of any
proposed road and, in the case of a sub-division, also specifications for the
provision of any electricity, water supply or other utility required by the
Minister to be provided in such sub-division or specifications for the
provision of space for the future supply of such utilities in any case in which
the Minister may so direct. |
(3) Specifications
submitted in accordance with this section shall be in the prescribed form and
shall contain such information as may be prescribed and shall include a survey
plan for the whole of the proposed development. |
(4) The Minister
may on consideration of the specifications provided and of such additional
information as he may require from the owner, approve the same with or without
such modifications or additions as he may think fit or may withhold his
approval. |
4. (1) No person shall, without the approval of the
Minister, construct any new road in any new sub-division. | Approval required to construct new road. |
(2) Every proposed
road approved by the Minister shall be formed, graded and paved with proper and
sufficient materials to the satisfaction of the Minister and in accordance with
the standards specified in this Act and the work shall be completed within such
reasonable period of time as the Minister shall direct. |
5. No owner shall sell, agree to sell, convey, agree to
convey, demise or agree to demise any land in a new subdivision unless the
approval of the Minister has been given under section 4 of this Act and either- | Restriction on selling or disposing of lots in new
sub-division. |
(a) he has
furnished the Minister with a bond executed by two or more sufficient sureties
approved by the Minister in a sum not exceeding the estimated cost of the
proposed works plus twenty per centum thereof to be fixed by the Minister and
has entered into an agreement with the Minister for the proper construction of
roads to and in such sub-division according to the specifications approved by
the Minister and the supply of electricity, water and other utilities to and
throughout such sub-division as may be required by the Minister within such
period as the Minister may fix; such bond to be conditioned to be void upon the
owner of the subdivision, within the period fixed by the Minister, so
constructing such roads to the satisfaction of the Minister and completing to
the satisfaction of the Minister all works necessary to provide electricity,
water or other utility to and throughout such subdivision as may have been
required by the Minister; or |
(b) he has to
the satisfaction of the Minister constructed roads to and in such sub-division
according to the specifications approved by the Minister and has completed to
the satisfaction of the Minister all such works as may be necessary to
facilitate the supply of electricity, water or other utility to the
sub-division as may have been required by the Minister. |
6. No person shall commence to erect any building or
other structure on any lot in any new sub-division to which this Act applies
until- | Restriction on building in certain new sub-divisions. |
(a) the lot has
been marked out on the ground with markers approved by the Minister; and |
(b) a motor
track has been laid out on the proposed road which is to lead from the lot to a
public road to the satisfaction of the Minister. |
7. No person shall, without the approval of the
Minister sell or agree to sell, convey or agree to convey, demise or agree to
demise any lot in a new sub-division to which this Act applies not being a lot
marked with a number on the survey plan submitted to the Minister in accordance
with section 3 of this Act, or whereof the frontage, extent or depth shall vary
in any particular from the frontage, extent or depth of such lot as shown on
that survey plan. | Restriction of selling, letting etc. lots in certain
new sub-divisions. |
8. (1) Every road to be constructed within a new
sub-division shall conform to the following specifications and standards- | Specifications for new roads. |
(a) road
reservations shall be of such width as the Minister shall in each case specify,
not being more than sixty feet: |
Provided
that all road reservations for a trunk road shall be at least sixty feet in
width; |
(b) in any new
sub-division, abutting onto an existing trunk road, there shall be a road
reservation of at least thirty feet measured from the centre line of such trunk
road along that boundary of the sub-division; |
(c) roads when
constructed in any new subdivision shall be graded for a width of twenty-four
feet along their entire length on main roads and for such lesser width on minor
roads as the Minister may in each case specify; |
(d) where any
road in a new sub-division is provided with an oiled or bitumen-macadamised
surface, such surface shall extend for a minimum width of twenty feet
throughout the length of the road or for such lesser width as may be specified
by the Minister. |
(2) Reservations
for trunk roads shall be provided in every new sub-division as the Minister may
in each case specify. |
9. (1) Any person contravening the provisions of
section 6 or 7 of this Act shall be guilty of an offence and shall be liable on
summary conviction to a fine not exceeding two hundred dollars. | Penalties. |
(2) Any person
contravening the provisions of section 3, 4 or 5 of this Act shall be guilty of
an offence against this Act and shall be liable on summary conviction to a fine
not exceeding four thousand dollars and, in the case of a
continuing offence to a further fine not exceeding forty dollars for each day
during which such contravention continues. |
10. Any person committing an offence against the
provisions of this Act shall be prosecuted summarily by the Minister or by some
person duly authorised in writing by the Minister before a circuit justice. | Prosecutions. |
11. The Minister may make regulations for better
carrying into effect the purposes and provisions of this
Act and in particular, but without prejudice to the generality of the
foregoing, may make regulations prescribing the fees to be paid upon the
approval by the Minister of any new subdivision. | Regulations. |
12. This Act shall apply only to such Out Island
districts or parts thereof as may be specified by Order of the
Governor-General, and the Governor-General may from time to time vary or revoke
any such Order so applying the provisions of this Act. | Application of this Act. |