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Land Conservation and Improvement Act (No. 10 of 1992)

The Act provides for the conservation of land in Saint Lucia and the establishment of the Land Conservation Board. Among its functions are to stimulate public interest in the conservation and improvement of land and water resources and to recommend to the Minister the nature of legislation deemed necessary for the proper conservation and improvement of land and water resources.

Destacados

Participation in plans, programmes and policies (Section 11(2))

Land Conservation Board: Shall include four members not being government officials shall be appointed by the Minister, having an active interest in land conservation. At least two of them shall be from the out districts.

Management and implementation plans: If the Land Conservation Board considers that any area should be declared a conservation area it shall publish a notice to that effect in at least one issue of the Gazette and in at least one issue of a local newspaper which is circulated in the proposed conservation area. As soon as any notice has heen published, the Board shall prepare, or cause to be prepared with such person as it may think fit, a proposal for the long term management of the area and regulations for its protection. During the preparation of such a proposal the Board must hold at least one public meeting within or in close proximity to the proposed area. At such a meeting the Board shall outline its objectives, proposals and likely consequences for the proposed conservation area and it must encourage public participation and pay due consideration to the submissions of all interested parties. It shall make or cause to be made available for public viewing, for a period of at least thirty days, its proposal for a conservation area. The Board shall issue a notice indicating the place and times when its proposal can be viewed by the public in two consecutive issues of the Gazette and in two consecutive issues of a local newspaper which is circulated in the proposed conservation area. Any owner, occupier or any interested person within a proposed conservation area may, within fourteen days after the last day of public viewing, make objections, comments or recommendations in writing. The Board shall consider any objections, comments or recommendations made and shall make or cause to be made available for public scrutiny for a period of at least fourteen days the final management and implementation plan for a conservation area. It shall also issue a notice indicating the place and times when the final management and implementation plan can be examined by the public in two consecutive issues of the Gazette and in two consecutive issues of a local newspaper which is circulated in the proposed conservation area. Alternations to the plan shall follow the aforementioned procedures.

Participation in laws and policies (Section 4)

The Land Conservation Board shall recommend to the Minister the nature of legislation deemed necessary for the proper conservation and improvement of land and water resources.

Right to appeal (Sections 11(2), 16, 17 and 18)

Any owner, occupier or any other person who is or is likely to be affected by the implementation of the final plan for a conservation area, may appeal in writing to the Minister within thirty days after the last day of public examination, stating the grounds on which any objection to any part of the final management and implementation plan is made. The Minister shall upon receipt of any appeal consider the objection and may if the Minister deems it necessary, appoint an independent Inspector to hold a public enquiry regarding the final management and implementation plan and any objection raised thereon.

Any person who is the owner or who has an interest in any land situated within an area affected by a Protection Order and who suffers any damage or loss as a result of any action of the Board may apply to the Board for compensation. The Board shall consider any claim far compensation from any interested person who submits a claim. An appeal in respect of any award wade by all Order of the Board shall be lodged in writing with the Minister. The Minister may appoint an independent arbitrator to consider and decide an appeal.

País

Fecha

18/04/1992

Tipo

Leyes y Reglamentos